NEW BRUNSWICK — A New Brunswick businessman has filed suit in federal court, charging New Brunswick Mayor James Cahill is holding up approval of his liquor license for a new high end sports bar because he doesn't like the bar's proposed name — Buck Foston's.

Larry Blatterfein, who has owned the Knight Club, a bar on Easton Avenue, for 30 years, charges Cahill is violating his first amendment constitutional right to free speech by holding up the transfer of a second liquor license to Blatterfein from another restaurant in town.

The suit charges Blatterfein met with Cahill earlier this year and told him how he derived the name — a play on words that "is evocative of a century-old sports rivalry between the New York and Boston sports teams."

Blatterfein said in the suit Cahill told him he (the mayor) is a Boston Red Sox fan, but that wasn't the reason he opposed the name — he said he thought it was vulgar.

William Bray, a spokesman for Cahill, denied the mayor is holding up the transfer of the license.

"Nothing could be further from the truth," Bray said. "The mayor did tell him he did not like the name, however, the mayor also told him he has the first amendment right to the name."



Bray said the holdup in approving the transfer is the lack of a tax clearance certificate from the state Division of Taxation.

"Until we receive that, we can do nothing under state law," he said.



Blatterfein's attorney, Mark W. Smith, whose office is in New York, dismissed Bray's comments on the tax certificate.

Smith said under state law Blatterfein could place the cost of the liquor license—$160,000—into an escrow account with the city, so that the seller would not receive the money until the certificate was turned over to New Brunswick.

"It's out of our hands," Smith said. "It is up to the seller to obtain the certificate."

Smith said his client hoped the transfer would be heard at the next city council meeting on July 6, but it is not on the council's current agenda.

Blatterfein purchased the building and property where Bennigan's used to be at the intersection of Route 1 and Route 18 in 2009. He hopes to open this year and employ 75 people, Smith said.