The hearing before the Tar will be held this morning between the owners of the Mojito, a well-known disco bar on the right bank of Ischia, and the Municipality of Ischia with the traffic police. In fact, the owners of the club accuse the institution in via Iasolino and the municipal police of forgery, and they do so with the assistance of the lawyer Bruno Molinaro. As some may recall, the disco bar was closed starting on 16 August last year, for a period of ten days, for reasons of public order and for repeated violations of union ordinances on the time of interruption of music in nightclubs. This provision had been signed by the manager of the SUAP office of the municipality of Ischia: subsequently the notification of the closure measure had been carried out by the municipal police. Against this provision, the owner of the Mojito had filed an appeal, requesting the cancellation «of the order prot. no. 32218/2022 of 08.12.2022, notified on 08.13.2018, with which the Responsible Officer of the SUAP of the Municipality of Ischia, Dr. Paola Mazzella, ordered “the suspension of the activity of the Mojto-branded bar based in Ischia at via Porto n. 86 whose owner is Mr. Ciro Di Meglio, born in Lacco Ameno on 04.30.1987 and resident in Barano at via Vincenzo Iacono n. 4, right Notification of Start of Activity prot. no. 27976 of 28.07.2020 with effect from 16.08.22 to 26.08.22 “”, together with the request for “compensation for damages”.
The appeal states that “the appellant, in contesting the legitimacy of the contested provision, has, among other things, noted and pleaded the non-existence of the alleged prerequisite for the recurrence of the administrative violation ascertained, being documented that, in the circumstances of the time and of place indicated in the report of the VV.UU. of 5 August 2022, no “musical and dancing entertainment activities” were taking place outside the “Il Mojto” venue, as also confirmed by the fact that the venue in question does not have sound production systems and/or of loudspeakers in outdoor spaces. As further proof of what was stated, the appellant also filed with the court documents the video file extracted from the video surveillance system in use at the commercial establishment, reproducing the images relating to the moment of access to the premises by the tax inspectors. From this video it can be clearly seen that the doors of the exercise, at the time of the aforementioned access, were already closed and that, in any case, there was no trace of dancing activity carried out in the external space in front of the venue nor of the presence of consoles for DJs or any other equipment located there for sound diffusion. Therefore, the “falsehood” of the assessment report no. 252 of 5 August 2022 raised by the Municipal Police of Ischia, constituting the substantial prerequisite for the contested provision”. Given these premises, with the appeal «we request the time limit pursuant to art. 77, paragraph 1, of the Code of Criminal Procedure, in order to allow the appellant to bring a lawsuit of forgery before the ordinary judge against the aforementioned report. In this regard, it should be highlighted that the request for the term has already been made with the introductory appeal of the judgement”. Basically, since the closure measure has already exhausted its effects, since it is a temporary measure, the cause will be matched to the merits. In practice, the defense will request that the TAR issue the sentence on the merits, as Il Mojito is no longer interested in the suspension. In fact, the suspension period has already expired. At the same time, it will insist on granting the deadline for filing a false claim, for the reasons expressed in the same request