A federal lawsuit has been filed in the Budgetel closure case against the county, East Ridge and nearby business owners who petitioned the shutdown of the motel as a public nuisance.
Attorney Robin Flores asked that it be certified as a class action in behalf of those who were evicted from the East Ridge motel.
Defendants include East Ridge Assistant Police Chief Josh Creel, Beth Hickman of Sugarplums Antiques and Treasures, Stephanie Noble of Nobel's Antiques U Curiosities, Aaron Murray of Flatlands III, Robin Nave-Montero of The Robin's Nest, Randy Keith of East Town Antiques, Katie Glaze of The Green Gardinia, Jessica Wheeler of Dept. One Three, and Mike Bruce and Gregg Bowman of Holy Smoke Premium Cigars & Pipes.
It says, "On November 16, 2022, starting at about 7 am, District Attorney General Coty Wamp initiated a sudden and draconian forced removal of Plaintiff and hundreds of citizens of the United States and the State of Tennessee from their homes, which resulted in hardships for these hapless persons. As averred infra, this drastic conduct resulted in the need to bring this litigation to seek redress for the unlawful acts by the Defendants. The Plaintiff and each Class Member were impacted by the single act of a sudden and unlawful eviction and deprivation of property."
The suit also says, "The recent litigation in the state court, and the very public comments by Wamp would subject the Class Members to humiliation, embarrassment, and stigmatization. Some of the comments by Wamp were to the effect: - referring to the Budgetel as a “cesspool;” - that crime was rampant at the Budgetel; - that “violent sex offenders” were present thus necessitating the need to force the children from their homes; - that the Class Members could afford other housing.
"The impact of the ill-considered and unfortunate public comments by Wamp was to paint with a broad brush ALL Class Members and the Plaintiff as sloven criminals, and sex offenders who chose to live in “squalor.” Plaintiff sues the City in that the unlawful constitutional violations averred herein were a result of a pattern and practice of the City that was the driving force behind the said acts. Additionally, Plaintiff sues the City in that a high-level policy maker, Defendant Josh Creel was directly involved in the unlawful acts and the omissions averred herein, and that the individually named Defendants, as identified infra, acted with an agent of the Attorney for the City and with Defendant Josh Creel in a conspiracy."
The suit says a different action was taken seven years earlier when the same motel, known then as the Superior Creek Lodge, was sought to be closed as a public nuisance.
"Rather than kick the residents of the Superior Creek Lodge out into the street, Judge (Rebecca) Stern set out specific conditions to the parties that the judge designed to protect the public but also allowed children, military veterans, and mentally and physically impaired and disabled persons to still reside in their homes while the litigation moved forward. 136. From 2010 through 2014, Judge Stern oversaw the matter until the action was dismissed without the facility ever being padlocked and the residents kicked out. 137. Plaintiff avers that the defendants in this matter did not learn a lesson."