Dancing is OK again at Woody’s Wharf, court says

Eight months after an Orange County Superior Court judge upheld a City Council ban on dancing at Woody’s Wharf, patrons of the popular Newport Beach restaurant will again be allowed to bust a move.

On Thursday, a three-judge panel of California’s 4th District Court of Appeal reversed the lower court’s judgment and reinstated the city Planning Commission’s approval of dancing and extended patio hours at Woody’s Wharf.

“We’re definitely happy,” Mark Serventi, one of Woody’s owners, said Thursday.

The Planning Commission’s decision in September 2013 was overturned by the City Council a month later on appeal by then-Councilman Mike Henn. Woody’s Wharf sought to overturn the council action in Superior Court but was denied by Judge Derek Hunt in May 2014.

Woody’s Wharf, on the Balboa Peninsula at 2318 Newport Blvd., attracts restaurant patrons during the day and transforms into a social hub for those who frequent the bar scene at night and on weekends.

Hunt’s judgment in May meant the restaurant could not use its patio past 11 p.m. and barred it from removing tables and chairs from the interior dining area to create a dance floor.

However, the appellate panel determined that the City Council had violated municipal code by allowing Henn to appeal the Planning Commission decision without submitting an appeal form and paying a filing fee.

“The City Council violated its own municipal code by entertaining Henn’s appeal even though he didn’t follow the procedures laid out in the code, and then retroactively tried to justify that violation by claiming the city has a custom of extending such lenity to council members,” Judge P.J. Bedsworth wrote in the decision.

The court also said that because Henn had already voiced his “strong opposition” to Woody’s application, he should not have been able to participate in the City Council discussion that led the body to reverse the Planning Commission on a 4-1 vote.

“A person cannot be a judge in his or her own cause,” Bedsworth wrote. “Henn … did his best to convince his colleagues to vote with him against the application.”

The city had issued the restaurant several citations for allowing dancing, which led the owners to request permits necessary for customers to dance. Woody’s permits allowed live music, but not dancing, according to city records.

The Planning Commission approved permits for dancing and extended patio hours, but Henn appealed to the council after hearing concerns about noise and other issues from residents on the peninsula.

What’s next

After the City Council reviews the appellate court’s opinion, Newport Beach could seek a review by the California Supreme Court, City Attorney Aaron Harp said Thursday. It is unclear when the city might make that decision.

Serventi said the city’s actions were “underhanded” and that Woody’s has been unfairly blamed for problems with drunk patrons on the peninsula.

“We’re not a detriment to the area; we’re just not,” he said.