25-Year-Old Woman Died After Passing Out at No Fun Bar Saturday Night

161 Ludlow St. File photo.

161 Ludlow St. File photo.

A 25-year-old woman died this past Saturday evening after passing out at No Fun, the bar at 161 Ludlow St.

According to the Daily News, Emily Fayssoux of Brooklyn lost consciousness while sitting on a sofa at No Fun at around 9 p.m. The Post reported that a friend initially found Fayssoux and called 911. The friend reportedly told cops that the victim had been drinking and using cocaine earlier in the day. The Post, citing unidentified sources, noted that no drugs were found on Fayssoux.

She was taken to Beth Israel Hospital, and pronounced dead at around 10:20 p.m.  The city’s medical examiner will determine the cause of death.

 

Judge Dismisses Lawsuit By “No Fun” Against LES Dwellers

161 Ludlow St.

161 Ludlow St.

Back in 2016, owners of the Ludlow Street bar, No Fun, sued the Lower East Side Dwellers community organization for defamation. The other day, the Dwellers put out a press release announcing that the lawsuit had been dismissed in state supreme court.

Operators of the bar, located at 161 Ludlow St., took issue with the Dwellers’ contention in emails and during a public meeting that the night spot lacked a certificate of occupancy. They claimed that this assertion damaged the bar’s reputation. In the lawsuit, the owners went further, arguing that “The Lower East Side Dwellers are on a mission to destroy every establishment with a liquor license on the Lower East Side that does not bend to its will by any means necessary.”

In her ruling, State Supreme Court Judge Lynn Kolter said the case against the local group fell short of the legal standards for libel and slander.

The judge pointed out that No Fun lacked a certificate of occupancy for a “significant period of time,” even if it had obtained the proper permits by the time LES Dwellers leader Diem Boyd made her assertions. Kolter said the plaintiff failed to prove its reputation was damaged (No Fun eventually got its liquor license renewal). She also indicated in her ruling that the libel claim was not made within the statute of limitations.

The Dwellers made their argument under New York’s anti-SLAPP statute (SLAPP stands for strategic lawsuits against public participation). The statute is meant to protect free speech.

In a statement, Boyd said:

Dismissing this defamation suit is a victory for free speech… Our primary concern is for the safety and livability of our communities– we will not be deterred from our mission or intimidated or harassed into silence… We are grateful for Judge Kotler’s vigorous defense of our First Amendment Right, claiming this a victory for every citizen in New York City. Highly profitable bars and nightclubs with deep pockets will think twice about filing lawsuits that target individuals or groups with meager resources with the sole intent of burdening and burying them in costly legal fees in order to squelch their right to speech and protest.

Adam Mehrfar, an attorney for No Fun, told The Lo-Down today:

For No Fun, the legal action was about standing up to bullies who spout falsehoods with impunity.  We believe the decision by the Court is deeply flawed.  We intend to appeal.

Meanwhile, the Dwellers are moving forward with a counterclaim against No Fun under the SLAPP statute.

No Fun vs. Lower East Side Dwellers (Ruling) by The Lo-Down on Scribd

LES Dwellers Face $2 Million Defamation Suit from Ludlow Street Bar

No Fun Bar, 161 Ludlow St. Image via Instagram.

No Fun Bar, 161 Ludlow St. Image via Instagram.

The New York Post reports that the owners of Ludlow Street bar, No Fun, have filed a $2 million defamation lawsuit in state supreme court against the Lower East Side Dwellers neighborhood organization:

A Lower East Side community group hell-bent on shutting down rowdy establishments has finally messed with the wrong business — a bar named No Fun… (The lawsuit claims) that snooty gadflies in the pesky block association “have employed improper and illegal tactics to terrorize restaurants and bars in the neighborhood.” Other establishments targeted by the group have given up and shut down, but not No Fun.

According to the bar’s lawyers, the Dwellers went too far in posting fliers throughout the neighborhood which accused No Fun of operating without a certificate of occupancy and running a night club. In court papers owner John Pierce argues:

Defendants narrow-minded intolerance and disdain for people who do not share their values and worldview (yet patronize their local businesses) is the driving force behind their quest to destroy any neighborhood establishments that they believe are patronized by the ‘bridge and tunnel’ crowd.

As the Post noted, the bar has been fined almost $20,000 by the State Liquor Authority in the past three years. Dwellers leader Diem Boyd (who’s also named individually in the suit) said, “This complaint is meritless legal harassment. We will not be intimidated and will respond to the court.”