Berlin Citizen 1/25/07

Kemmling named Citizen of the Year

By Olivia L. Lawrence
Associate Editor

Our choice for The Berlin Citizen’s Citizen of the Year for 2006 is Kurt Kemmling, a resident who is fighting to stop the Infra Red Café from getting its liquor license back.

The Citizen of the Year award is given to a resident who is an outstanding example of what it means to stand up to our job as a citizen. This person demonstrates how to participate in community life. It is awarded to someone who worked to affect the course of events because it was the right thing to do. The selection is an editorial decision based on a number of factors gleaned from both the public record and off-the-record information.

Kemmling, 48, was born and raised in New Britain. He moved to Berlin in 1990. Dis abled, Kemmling said, “some days I can’t get out of bed. On those days when
I can, I try to do something positive. “I’m very honored. I did this to better the community. The next generation has to grow up in this town…I did it for the town.

“We go through our daily lives and we’re busy — but if you take a moment out of your life, if you see a wrong, just do something about it instead of complaining about it. If a person like me can ac­complish this, anyone can and that would make me the happiest person in the world.”

Kemmling receives the award for his initiative and determination in using a little known legal recourse to try and keep a business that was troublesome to his neighbor­hood from obtaining a renewal of its liquor license.

The Infra Red Café, on New Britain Avenue, featured top­less dancers and had been the site of numerous incidents of criminal activity, such as underage dancers, fights that included weapons, noise problems and numerous infractions of a lesser nature.

Kemmling filed a remonstrance with the liquor commission and at a formal hearing, Feb. 16, 2006, took the club owners and their lawyer to task for the way the place was run and its indifference to neighbors. While the remonstrance was denied, Kemmling said, “It was worth it — you just know what is right.”

He has not given up the fight, either.

He has filed a second remonstrance and the hearing is scheduled for Feb. 22.

“The remonstrance has forced them to deal with us,” Kemmling said.

Before learning about the remonstrance process, Kemmling had tried other measures to get the neighborhood involved and to get the club to address issues. With the help of a woman in his neighborhood, he put together a petition and gathered 300 signatures.

“We gave it to Infra Red and they ignored it. We asked them to sit down with the neighbors and try to work things out.”

Then Kemmling heard about the remonstrance process from a Berlin police officer who told him “there was some sort of law” that gave the public a chance to protest a license issuance or renewal.

“I thought I’d look into it. I did research myself on the internet.”

Kemmling was not exactly sure at first what he was looking for, but “as soon as I found out about it, I said this is what had to be done. I’d gotten frustrated, just spinning my wheels, I had to go through with it.”

A remonstrance is used very rarely and not many in the general public know about it.

According to the Department of Consumer Protection (of which the liquor control commission is a part) a remonstrance is the opportunity for the general public to voice its formal objection to either a new liquor permit application or to the renewal of an existing liquor permit within its town.

Ten residents must file a written objection to the application for the liquor permit. The details of how to file a remonstrance are available at the DCP website. Once a remonstrance is filed properly, a liquor agent is assigned to investigate the objections in the remonstrance.

Only those who have signed the remonstrance, as well as the business owner, can testify at the hearing.

“I’m not a lawyer…I’m just a regular citizen,”
Kemmling said. “I really thought we’d win.”

After the hearing, the head of the liquor commission, John Suchy, told Kemmling that he’d done an excellent job.

Kemmling went to the remonstrance alone, except for the support of one Berlin police sergeant who was there to testify.

The proceedings are run very similarly to a court trial. The commission sits above you, like a judge on a bench. There is a witness stand and tables for the party bringing the action and the applicant for a liquor license.

Kemmling went up against Attorney Daniel Silver, an experienced and knowledgeable lawyer renowned for his work defending adult entertainment businesses.

Kemmling stood alone in that hearing room in Hartford to defend his neighborhood.
He described the problems at the club across the street from him and confronted the owners and their lawyer.

Kemmling held his own, every step of the way. He took questions from the commission and he questioned the club owners. He learned the rules of the hearing as he went along, hearing instructions on protocol from the commission for the first time.

But proving unsuitability to hold a liquor license is not easy. The commission made certain distinctions as to what it would consider in its decision. For example, if a fight took place in the parking lot, that was not considered part of the premises that the
commission has jurisdiction over.

There were days Kemmling wondered what he’d gotten himself into. “I was apprehensive about it. Many people wouldn’t sign the petition because they were afraid. I was threatened on a few occasions — two bullet holes were put through the building (where he lives) two days after my name was in the paper. That was a clear message.

“I could have said it’s not worth risking my life on this…but I didn’t let it stop me, it motivated me. I saw how afraid the neighborhood was of them.”

Kemmling said he began to get politically active after moving to Berlin. As a recovering alcohol and drug addict, he has often faced stigma and consequently has worked in various capacities to advocate for others with similar problems. He celebrates 20 years sober next month.

“Helping other people has been a help for me — just knowing I can do some good the time I’m here and that I can make a positive impact.”

Kemmling said his efforts in pursuing the remonstrance have been worth it. “I met a lot of interesting people through this. It was a very enlightening experience and it’s not over yet.”