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Pagosa Pub Wars, Part Two |
Bill Hudson | 3/20/08
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Read Part One
When BoCC Chari Bob Moomaw opened the discussion of Frank Schiro’s liquor license transfer to public comment, prior to any presentation by Schiro himself, a few members of the audience stepped up to the podium, starting with BoCC audience regular Teri Frazier. Listening to the testimony were Moomaw and Commissioner Ronnie Zaday; Commissioner Robin Schiro was home sick with the flu. Continued...
Liquor license applicant Frank Schiro answers questions at last Tuesday's BoCC meeting, as Sheriff Pete Gonzalez looks on. |
“I hope the Commissioners will approve the license this time; I think it was shame it wasn’t approved two weeks ago. Other commissioners have had businesses in this town, as well as their spouses. This is an opportunity for employment for other people in the county — and income for the county.”
Next up was County Sheriff Pete Gonzalez, not a BoCC regular, who stated simply, “I would like to reserve the right to make a comment later, depending on what goes on up here. I may have a comment afterwards.”
Indeed, Gonzalez did comment later.
James Robinson, a reporter for the Pagosa Springs SUN who has written several recent articles critical of Commissioner Schiro, stepped up next. “I believe the commissioners are in possession of a letter from Tony Simmons, who owns Pagosa Brewing Company, stating some of his concerns. Have the commissioners seen that letter?”
Simmons’ letter had been included in the press packets given to Robinson and myself. This letter made it very obvious that Simmons and Schiro were already in a highly competitive relationship, even before Schiro’s Pagosa Pub Works has even opened its doors.
“This is an ethical question, and I’d like to hear from Mr. Schiro. I don’t think the public is aware of his various trademark applications for variations on Mr. Simmons’ company name, Pagosa Brewing Company — including the exact name of Mr. Simmons’ business. I think that’s an ethical question that he should answer.”
County Administrator Greg Schulte then stated that Mr. Simmons had asked to have his letter read into the record. Simmons is a member of the Pagosa Springs Town Council, and also operates Pagosa Brewing Company, a small brewery with an attached tasting room, about a stone’s throw from where Schiro’s new brew pub will be located. However, where Schiro’s business fronts on one of the most traveled streets in Pagosa Springs, Simmons brewery is tucked away in an industrial cul-de-sac and has no obvious signage, making it difficult to find. Pagosa Brewing does, however, have a loyal following of beer aficionados who enjoy Simmons’ award-winning recipes.
Schulte read Simmons’ letter into the record. The letter first detailed the numerous reasons why Commissioner Robin Schiro ought to recuse herself from discussing or voting on her husband’s liquor license transfer, due to an obvious conflict of interest.
Of course, Robin was absent from the meeting, and had already informed both Schulte and County Attorney Teresa Williams that she intended to recuse herself from the issue — making Simmons’ arguments moot.
Curiously, Simmons has himself been publicly accused of unethical conflict of interest in relation to his attempts, as Town Councilor, to prevent his neighbor Todd Shelton from building a planned duplex on 8th Street. More on that later.
Simmons' letter then accused the Schiros of unethical behavior in attempting, in 2006, to secure trademark rights to the name “Pagosa Brewing” and three other variations similar to Simmons’ company name. Simmons had attached a copy of a letter from his attorneys to the Schiros, warning them not to make attempts to trademark names similar to Simmons company name, which Simmons says he began using commercially in 2005. The attorney letter also threatened “appropriate legal remedies” if the Schiros used the name “Pagosa Pubworks Brewery” claiming that the name was too similar to “Pagosa Brewing Company.”
Moomaw then invited Frank Schiro to the podium to answer Simmons accusations, along with other questions from the commissioners. Schiro noted that his wife Robin had made it clear from the very beginning that she would recuse herself from all discussions and votes on the liquor license transfer. He then addressed the trademark issue.
“Yes, we did apply for trademarks. It’s my understanding that any citizen of the United States is allowed to apply for any trademark that they wish to apply for. Period. In 2006 we applied for four — what I considered generic — trademark names that had the word ‘Pagosa” in them. We were told by the trademark association that none of them were allowable, due to the fact that you cannot us a geographical name in any type of trademark.”
Schiro then turned to reporter Robinson and said, “And if you do want to report both sides of the story, James, that would be the answer to your question.”
Schiro pointed out another irony as well. “When we tried to purchase a domain name for our business this week, to set up a website, we found that Mr. Simmons had recently purchased the domain name ‘PagosaPubworks.com”. I would like that included in the public record as well, that Mr. Simmons has purchased a domain name for which he has no valid use, simply to inhibit us from using it.”
I checked into Schiro’s statement later that day, and found that indeed the name “pagosapubworks.com” was registered to the names “Tony, Julie and Fred Simmons.” Julie Simmons is Tony’s wife; Fred Simmons is Tony’s father and a Los Angeles attorney. It’s possible that the Simmons plan to re-direct web visitors searching for the name of Schiro’s business, to Simmons’ own website.
Another point of delay on the liquor license transfer concerned an improperly approved outside deck of the Schiro’s new restaurant and pub. Schiro noted that the problem dated back to a previous owner, and that the problem had now been remedied and a building inspection approval is forthcoming.
Moomaw then asked for additional public comment.
BoCC regular George Esterly was first up to the podium.
“I think the public needs to know that the letter read by the County Manager from Tony — what was his last name? Simmons? That letter reflects the opinion of many, many, many people. I echo support of that letter, all details… I think the public needs to know who really applied for the license. Was it Frank? Or was it Commissioner Schiro? It was Commissioner Schiro.”
Frank Schiro called out from the back of the room, “That is not correct.”
Esterly responded, “Oh? Well, okay, but it’s the appearance of impropriety.”
Citizen Randy Barlow then offered his comments, encouraging the two commissioners present to approve the license transfer, with an aim to “encouraging a more business friendly environment in the county — and treating people with respect.”
Then County Sheriff Pete Gonzalez stepped up and made his feelings known, in no uncertain terms.
More tomorrow… |
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