Plaintiff alleges City Officials’ Selective Enforcement Violated Rights

Tempe Tavern, a popular bar and restaurant in Tempe, Arizona, is at the center of a legal battle alleging civil rights violations by city officials. On February 23, 2026, Tempe Tavern 1810, LLC filed a complaint in the United States District Court for the District of Arizona against the City of Tempe and several individuals including Kenneth McCoy, Eric Hernandez, Luis Samudio, and Ben Henry. The lawsuit accuses these defendants of engaging in selective enforcement and retaliatory actions that have significantly harmed the business.

The complaint details a series of events beginning with two large-scale raids on Tempe Tavern in 2025. These raids were part of what the plaintiff describes as “selective enforcement” efforts by city officials to target their establishment unfairly. Despite these high-profile operations, no significant violations were found against Tempe Tavern itself. The only issues cited involved minor infractions by employees or patrons that were either dismissed or did not result in any convictions. For instance, during a raid on November 20, 2025, an employee was cited for obscuring security identification with a sweatshirt—a charge later dismissed through a diversion agreement.

Tempe Tavern claims that other similar establishments have not faced such intense scrutiny or enforcement actions. They allege that this disparate treatment lacks any rational basis and constitutes a violation of their constitutional rights under the First and Fourteenth Amendments. Additionally, they accuse city officials of defamation and placing them in a false light by associating them with a fatal accident unrelated to their operations. This association was publicized despite ongoing investigations and without providing necessary documentation to refute these claims.

The plaintiffs are seeking compensatory damages for lost revenue due to diminished business operations following these incidents. They also request punitive damages as permitted by law and reimbursement for attorney’s fees. The complaint argues that the defendants’ actions amount to civil conspiracy under federal law and calls for accountability from all parties involved.

Representing Tempe Tavern is attorney Timothy A. La Sota from Phoenix, Arizona. The case is being heard before Judge Susan M Brnovich under Case ID 2:26-cv-01272-SMB.