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When Bourgeois Pig founders Russell Livingston and Charlie Whitman handed off their hallowed and notorious downtown bar/cafe to the Black Lodge Boys--the business consortium of music producer Ed Rose and former Get Up Kids members and brothers Rob and Ryan Pope--the die-hard regulars nodded approval. The deal was made on January 1, 2007. Russell, Charlie and Ryan smiled wide for pictures on the front porch, to the applause of a small crowd of Piggies (as the die-hards are known).

Rose and the Popes share interest in Black Lodge Recording, a respected studio in Eudora, and the Pope Brothers independently own and operate Blue Collar Distro, an East Lawrence merchandise design and distribution plant. Rob Pope became Spoon's bassist over a year ago and divides his time between Lawrence, Spoon's home base in Austin and his girlfriend's home in Seattle.

Rose and the Popes came with proven business acumen and were themselves long-time Piggies... What better hands to steward the venerable Pig through the next generation?

In July, the trouble began. In the space of ten days, the police ticketed two patrons on the patio for drinking on the sidewalk.

The Pig patio is enclosed on the west side of the building by an iron railing, one of the prime people-watching locations downtown and a popular place for Lawrencians of all stripes to enjoy afternoon cocktails with friends. Under Lawrence's Outdoor Dining ordinance, all alcohol has to remain within the area between the building and the railing. Occasionally, on busy nights, a few patrons might stray from beyond the confines of the railing with drinks in hand and be directed by passing police officers to move back into the “safe zone,” but never before were patrons ticketed.

Rose and the Popes became alarmed. They did some research and found they indeed were not in compliance with the Outdoor Dining ordinance, which allows consumption of alcohol in outdoor dining areas based on a ratio of food to alcohol sales—food must account for at least 70% of total sales. Coffee counts as food.

In the Pig's case, alcohol constitutes the majority of their sales, as it has every year since opening in 1994. Yet until ownership changed hands, the outside dining permit had been renewed annually and there had never been a problem with alcohol on the patio.

To avoid further ticketing, Rose and the Popes placed a moratorium on alcohol on the front patio and began calling city officials, seeking a solution. After a frustrating period which Ryan Pope calls “the runaround,” Rose and the Popes hired attorney Paul Davis. Meanwhile, sales at the Pig had begun a downwards slide (eventually posting a 30% loss).

Under Davis' guidance, Rose and the Popes began a lengthy series of meetings with City Commissioners, seeking a variance to the Outdoor Dining ordinance. Their efforts paid off. After a review of the case, the City Commission determined that the Pig's outdoor dining permit had been erroneously issued and subsequently renewed, and resolved that the Pig—referred to by the Commission as a “model business”--should not be held accountable for the City's mistake. On November 6, the Commission passed Ordinance 8195, a variance allowing alcohol consumption on the front patio of the Bourgeois Pig, effective this Saturday, November 17.

The City's ruling on the Pig's behalf didn't go unnoticed by other downtown bar owners. Ryan Pope said he was encouraged by the support of several downtown tavern-keepers, who hope this decision will open up possibilities for other downtown bars. The Jackpot, Red Lyon, Eighth Street Tap Room and the Sandbar have all expressed interest in outdoor drinking areas. The City Commission is reviewing the topic and plans to address it again early next year.

Rose and the Popes kick off their reprieve with a bang—a release party for Johnny America Issue 5 (a high-caliber literary humor 'zine and website) tomorrow night, and the opening of "Wayne's World": A photo documentary of Wayne Propst by Nick Vaccaro on Sunday evening.

On another note: Local artist expats Kendra and Aaron Marable are blogging from Costa Rica.