A judge has found a Fargo city ordinance to be unconstitutional. Judge Cherie Clark of the East Central Judicial District said the ordinance entitled “restrictions on obviously intoxicated or impaired persons” unconstitutional. The case, involving the Windbreak Saloon in Fargo, was found in violation of the ordinance. The judge reversed the decision after Law Enforcement struggled to interpret the ordinance. He said the City Commission repeatedly misinterpreted the Ordinance. Judge Clark also wrote “that a Fargo City Commissioner expressed animosity towards the Windbreak”. An attorney for the Windbreak says, the law was meant to prohibit providing
another drink to a clearly intoxicated or impaired person, but in this situation, the law was
being interpreted by law enforcement to say a person was overserved by the business in
order to try to penalize the bar owner. That was never the law.
