Denham Springs, La. - The Denham Springs City Council on Monday rejected efforts by Mustard Seed Creamery to secure a permit to serve alcohol at their Antique Village location, which has also served as a meeting place for Bible study and church services.
By the same 3-2 vote as in July, the council denied an appeal of the earlier decision after owners Tim and Natasha Levert returned without attorney representation but with several vocal supporters to plead their case. Council members Robert Poole and Jim Gilbert cast the only votes supporting the Leverts, while Amber Dugas, Lori Lamm-Williams, and Jeff Wesley voted to deny the appeal.
The vote hinged on individual council members' interpretation of what constitutes a church under city ordinance. The city's alcohol licensing ordinance prohibits liquor licenses within 300 feet of a church, synagogue, library, playground, or school.
"We are unapologetically a church by a biblical definition of a group of people, a gathering of people," Tim Levert told the council. "Sometimes we meet at homes, sometimes we meet at a brewery. Sometimes we meet at a restaurant. That doesn't change the fact that the restaurant is still a restaurant."
Levert argued that the city ordinance requires measuring distance from "the property line of the church," which he contends doesn't exist since the building is owned and occupied by a restaurant. "There is no property line of any church,” he said. “That building is owned by a restaurant. It's occupied by a restaurant."
The meeting was disrupted by a heated exchange between Tim Levert and City Attorney Stephanie Hulett. The conflict began when Levert questioned Hulett's limited engagement with their case, noting he had sent eight emails between December and July but received only two responses.
Hulett responded defensively, accusing him of "attacking her character" and citing ethical constraints that prevented her from meeting with them. "I cannot legally speak to you without your attorney present,” she explained. “You are asking me to break legal rules and ethical rules to do that."
Levert attempted to defuse the escalating situation with an apology. "Let me apologize,” he began. “ I'm not attacking your character... If I've come across that way, I apologize. That is not my intent. I believe in your function as a city attorney, you have not adequately represented the City Council or myself as a business owner. That's not an attack on your character."
Hulett rejected it outright.
"You absolutely are (attacking my character),” Hulett responded. "I don't know when this became a trial for me or an attack on my character, and I'm not going to address all of the misinformation that you put out there about me," she told the Council.
Despite the personal nature of the exchange, Hulett eventually returned to the legal matter, maintaining her position that the law looks at how a building is used. "If a church is regularly meeting in that space, then it's a church, and we cannot issue an alcohol license to that restaurant."
The majority of community members who spoke during public comment supported the Leverts, with only a handful speaking in opposition. Attorney Eric Burns, who said he had researched the matter, argued the law was being misapplied.
"This is a Bible study group. Bible study groups meet everywhere," Burns told the council. "And if you look at just a specific name, somebody could go build a building on a corner, and it could be a gas station, and they can call it a church, and hold a meeting once a week, and then all of a sudden, they've eliminated that whole corner from ever having anybody that could sell alcohol there."
Burns argued that the law requires examining what the establishment really is. "I think that the law requires and dictates that you look at what this place really is, and that is, it's a restaurant."
The attorney said he planned to visit the establishment: "I'm going to go and I'm going to go for the enjoyment of being able to have some place quiet and have a glass of wine." He added, "I love the idea of what it represents. I think it represents downtown Denham Springs well."
Additional supporters included Carmen Wilburton, who drew comparisons to other venues: "There are services held at Denham Springs Junior High, but it's not a church, it's a school. The Catholic Church serves wine and bread, but it's not a restaurant, it's a church."
Jonathan Martrain remarked that if he leads Bible study at La Chien Brewing Company and asked: "Does that make La Chien a church?" Brett Dunham, co-owner of La Chien, expressed concern about the precedent being set, asking whether allowing Bible study at his business would make it a church.
Michelle Watkins referenced scripture, quoting John 2:1-11, where Jesus turns water into wine, and urged the council to "soften their heart a little bit on the situation."
Even Natasha Levert's daughter, who works as a manager at the creamery, spoke up: "Mustard Seed Creamery is a restaurant. I'm not an employee of a church. I'm not a manager of a church. I'm an employee of a restaurant."
Opposition was limited to just a few speakers, including Reverend Deborah Keller of Roberts United Methodist Church, who warned of setting a precedent.
"This issue is bigger than the mustard seed," she said. "If you grant the Mustard Seed a permit, how are you going to tell that business no? (If another establishment applies for a permit within 300 feet of a park or church).”
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Councilman Jeff Wesley delivered a confrontational speech that accused the Leverts of deception while dismissing their legal arguments.
"I am opposed to someone saying it's not a church when it is a church. I mean, I'm not stupid," Wesley declared. "So that's insulting to me, that you're trying to wiggle around with to get something you want, because you won't just come out and say what it really is."
Wesley became increasingly agitated, telling the applicants. "You ought to be ashamed for even trying that" when referring to their legal arguments about church definitions.
The councilman accused the Leverts of dealing in "semantics" and launched into a lengthy defense of the city's ordinance. "You can make up every kind of story you want to make up. You can change names all you want to, but you're not being honest. You are a church, and you are in the same building with a restaurant that wants an alcohol permit, and you can't deny that it's the truth."
Wesley went on to present a hypothetical future scenario. "So if I'm at the red light that goes to the post office, I look over at that strip mall right there, and there's a place open, and I've been having church in my house. I said, Hey, that'd be a good place for a church in one of those buildings there... And so on Sunday nights, when the Super Bowl is going on and everybody's screaming and hollering in that bar or restaurant next door, sports bar, and they're trying to have church service over here, what's happening?"
Wesley concluded his remarks by dismissing any opposition to his position. "So that's my opinion of this. I don't care if you like it or not."
Councilman Robert Poole disagreed, arguing the situation was different because the facility alternates between uses rather than operating simultaneously as both.
"It's either a religious entity that enters a business and conducts their religious meeting, or it's a restaurant that, when it's closed, offers its facility to somebody else for use," Poole said.
In a last-ditch effort, Councilman Jim Gilbert made a motion to approve the liquor license on condition that the church change its address and meet elsewhere. The Leverts agreed to the condition.
"We are willing to say the church will no longer meet in that building and on Sunday mornings for worship," Tim Levert told the council.
However, the motion failed on a 3-2 vote, with the same alignment as the original denial.
In other action, the council approved by a 4-1 vote authorizing Mayor Gerald Landry to enter into a $33,000 contract with SSA Consultants to conduct a comprehensive study of all city departments, excluding fire and police. The study will examine job descriptions and determine if the city is competitive with area municipalities in employee compensation. Wesley cast the sole dissenting vote.
The council also approved a change order reducing the cost of the Brignac Well project by $109,250 by eliminating additional test well installation and collection work in preparation for final acceptance of the project.
