Case against Detroit council candidate postponed until after election

David Josar / The Detroit News

Detroit -- A case against entrepreneur and city council candidate Jai-Lee Dearing that accuses him of operating Bert's on Broadway without a business license has been delayed until after the Nov. 3 election because the police officer who gave him the ticket referred to the wrong section of the city code.

Dearing had been scheduled to go trial today and his attorney, David Draper, was ready to ask that the case be tossed out.

"This shows how tough it is to be a Detroit businessman," Dearing said. "I've stayed in this city, and I've been successful. But getting a license and all the hoops you have to jump through is just too much."

Neither Draper nor Dearing can say when he applied for the license, or if he ever had a license.

But Draper said Dearing has already spent $5,000 on filing and inspection fees for the club.

At the beginning of the hearing, 36th District Court Judge C. Lorene Royster pointed out that the vice officer who wrote the ticket in April cited section "5-11-7" of city code but operating a business without a license is section "5-7-11."

She moved the date of the trial to give Dearing more time to prepare.

Dearing has requested a jury trial. The judge said the earliest that could occur is in 2010.

This has been the second time Dearing has been charged with operating a business without a license. The previous case was dismissed after the officer didn't appear in court.

Draper said a 1968 appeals court case indicates that as long as a person has applied for a license -- as he contends Dearing has done -- they cannot be charged because the city may opt to drag out the approval process for months or even years.

djosar@detnews.com