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City of Goshen sues local bar for disorderly conduct

El Imperial Botanero in downtown Goshen. The city is suing the bar for disorderly incidents.
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El Imperial Botanero in downtown Goshen. The city is suing the bar for disorderly incidents.

The City of Goshen filed a lawsuit in Elkhart Circuit Court against El Imperial Bar this week, citing repeated disorderly incidents that officials say endanger public safety and place a significant strain on city resources.

The legal complaint, filed on November 7, lists several incidents at El Imperial, located at 113 S. Main Street, that allegedly violate the city’s Disorderly Property Ordinance. The ordinance, enacted in June by the Goshen City Council, aims to curb recurring criminal and disruptive activity in both residential and commercial properties throughout the city.

Mayor Gina Leichty addressed the city’s priorities in a written statement, emphasizing that Goshen is committed to maintaining a safe, welcoming environment for residents and visitors. “Keeping Goshen beautiful and safe for residents, visitors, and business owners is a continuous priority of our city staff, emergency responders, and elected officials,” Leichty said.

The lawsuit alleges that in the span of less than 30 days, El Imperial Bar was the site of multiple incidents that Goshen officials classify as “prohibited conduct” under the ordinance. These incidents reportedly include battery, disorderly conduct, resisting law enforcement, and serving alcohol to minors. According to city officials, the property met the ordinance’s criteria for “Disorderly Property” status, which triggers additional enforcement measures.

Under the Disorderly Property Ordinance, a property is designated “disorderly” if it has nine or more documented incidents of prohibited conduct within a 30-day period. The ordinance also provides a process for notifying property owners, outlining required corrective actions, and escalating enforcement if those actions are not implemented. According to Mayor Leichty, the city aims to work with property owners to address issues before taking legal action.

“While the City strives to work collaboratively with property owners to resolve these issues, Goshen City Ordinance 5185 provides a legal framework to address ongoing disorderly conduct when initial and ongoing efforts fall short,” Leichty said. She added that the city has engaged with El Imperial’s owners in discussions and preventive steps prior to filing the complaint, which is now advancing in court.

The mayor also highlighted that the ordinance includes protections for vulnerable populations, such as victims of crime and individuals with physical or mental disabilities, to ensure fair treatment during enforcement actions. These safeguards are designed to protect those who may be affected by the enforcement process but are not responsible for the nuisance activity.

City officials claim that the incidents at El Imperial have required significant intervention from the Goshen Police Department and other emergency services, impacting the resources available to the wider community. The city is seeking several outcomes through the court, including an order for El Imperial to abate the disruptive conditions on its premises, fines for noncompliance, and potential operational restrictions on the business.

The city’s next legal steps will depend on the court’s decision. Goshen officials indicated they will withhold further comment while the case is active.

“Our goal remains to uphold public safety and maintain community standards for our residents,” Leichty said, noting that the ordinance was designed to address “chronic disorderly properties” that continue to generate complaints despite previous attempts at intervention.

The case will proceed in Elkhart Circuit Court, where the city hopes to secure measures that will restore peace and order to the downtown community.

Mike Murrell joined the WVPE family in August of 2024. Mike is beginning his second career in journalism and broadcasting, since retiring from the Army after 20 years of service. Mike is originally from Dayton, Ohio, but calls Elkhart his home.