The controversial Spokane Downtown Daiquiri Factory will be kicked out of its Wall Street space after the bar's attorney tried to put up a fight in court Thursday to stall the eviction but was ultimately unsuccessful.
On Monday the bar was served an eviction notice and given three days to move out, but the bar's lawyer filed a motion asking for a bond to be allowed to stay.
The business has left a strong impression on the community since it opened, first for drawing criticism for a drink that mocked date rape, then a trademark infringement suit brought on by Gonzaga University and finally an eviction notice from their landlord due to unpaid rent.
Last week, a judge ordered an eviction because the bar owed more than $2,000 in unpaid rent but the business didn't go easily.
“We didn't expect them to just move out, they are obstinate and I think they have demonstrated that in a number of ways including the controversy with their drinks and all the litigation against them," Todd Reuter, attorney for the landlord, said.
Thursday morning the bar's attorney, John Pierce, argued the business should be allowed to stay open if it posted a bond.
“What we are asking right now is a writ to keep this place open in business and making some profit in which we determine the next hearing,” Pierce said.
“It's our view your honor because they are no longer a tenant this statutory scheme about posting a bond, to stay your writ, isn't allowed to them,” Reuter countered.
However the judge determined that, according to state law, the bar is allowed to have a chance to post a bond which temporarily allows them to stay put. The judge then ruled the business needed to come up with a $30,000 bond by 4 p.m. Thursday.
When both sides returned to court Thursday afternoon, the bar wasn't able to raise the money for the bond. Because of this, the judge denied the stay, meaning the Spokane County Sheriff's Office, which served the eviction notice, now has the authority to remove the Spokane Downtown Daiquiri Factor from the building as soon as Thursday night.