Judge dismisses Jerk King's lawsuit against the City of Rochester and DMC
A judge has dismissed a business’s complaint against the City of Rochester and Destination Medical Center over construction-related impacts tied to the Heart of the City project.
Jerk King, which opened on Peace Plaza in 2019, alleged that the city and DMC were liable for damages as a result of contractors putting up fences and barricades in front of the business. Jerk King remained closed throughout much of the construction project, which also coincided with shutdown orders and other government mandates.
But in the ruling, issued on June 1, District Court Judge Christina Stevens said the business had failed to present any evidence that the city or DMC intentionally interfered with the Jerk King’s ability to conduct business during construction. Stevens noted that the alleged obstructions were put up by contractors, not representatives from the city or DMC.
“Jerk King’s amended complaint offers nothing more than conclusory allegations that the contractors were ‘acting with the express and implied consent of [the City and DMC].’ It argues ‘owners of public works projects … often control projects down to the smallest details,’ and fails to offer any facts in support of its claim,” wrote Stevens.
The Toronto-based Jerk King had also alleged a human rights violation against the city and DMC — claiming that it had not been offered the same financial assistance available to an unspecified white-owned business.
However, Stevens dismissed the claim, stating the business did not provide evidence to support the allegation. She also noted that the business, as defined in court precedent, does not have a racial identity. The lawsuit was filed on behalf of Jerk King, not its owner, Johnson Osei, who is Black.
Moving forward, Osei does appear to have plans to stay at the current spot on Peace Plaza — but with a new concept. Signs are up advertising the future opening of Opa!, the largest Mediterranean franchise in Canada.
Sean Baker is a Rochester journalist and the founder of Med City Beat.
Cover photo: Jerk King while Peace Plaza was under construction in 2021
