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This town just isn’t big enough for the two of ‘em.
It’s the classic showdown at high noon. In this fight though, one man will not simply tuck his pistol into his holster, and walk away the undisputed victor. This struggle seems to have no end.
Recently, it has been their showdowns in Cochise County courtrooms and Schieffelin Hall that is catching headlines.
Mayor Dusty Escapule and Six Gun City owner Mike Carrafa have had a healthy rivalry for nearly a year now.
The controversy between the two began shortly after Escapule took office for his third term as the mayor of Tombstone last November.
“I do not care much for Mr. Carrafa,” admits Escapule.
Carrafa has the same sentiment.
“The mayor, the city council, nor the city attorney, want to hear anything I have to say, plain and simple,” said Carrafa.
Given the history of this heated relationship, it seems no coincidence that the two won’t get along. This is why many people were not surprised when deputy marshals ousted Carrafa from last month’s Tombstone City Council meeting.
The videotape of Carrafa being booted, recorded on his own personal video camera, resulted in an investigation by the Cochise County Attorney’s Office of three Tombstone public officials. Escapule is implicated in the investigation, along with City Attorney Randy Bays and City Clerk Brenda Ikirt.
The County Attorney’s Office will be looking into whether Carrafa was treated properly in his open meeting call to the public.
This was not the first instance of Carrafa causing a public distraction for the mayor and council.
Ever since Escapule began enforcing the old solicitation and handbill ordinances, Carrafa has been arrested three times for various violations.
Carrafa’s first two arrests were self-induced. He was armed with a video camera, and knowingly disobeyed Marshal Larry Talvy in an attempt to prove the unconstitutional nature of the ordinances.
“He does not want to comply with the rules and regulations that everyone else does,” Escapule said.
Each of the charges against Carrafa for soliciting was dropped in pre-trial though, due to inconsistencies in the wording of the older laws.
Soon after Carrafa’s confrontation with the marshal, Talvy showed up at Six Gun City on April 6 and attempted to close down the restaurant because a patio renovation was deemed unsafe by a private building safety and inspection service.
Carrafa refused to let them close down his business and was arrested for disorderly conduct and obstructing a government operation. Carrafa’s lawyers have a hearing later this month for a motion to dismiss these charges as well.
As a result of the hullabaloo, Carrafa filed a lawsuit with multiple complaints against the City of Tombstone in June.
Among other things, the lawsuit defends the First Amendment rights of Carrafa to advertise his business how he sees fit.
“The way the ordinance is written, we can’t go on Allen Street and hand out handbills, but the [businesses] on Allen Street can go anywhere else in the historic district and hand out handbills,” said Carrafa. “So what are you protecting? What’s the government interest in this? The government interest is protecting their friends on Fifth and Allen. That’s all this is about. It’s about protecting businesses on Fifth and Allen.”
Six Gun City is located just south of Allen Street, on Fifth Street. The intersection of the Fifth and Allen streets is home to Carrafa’s biggest competitors, the Longhorn Restaurant and the Crystal Palace.
It’s no secret that Allen Street draws a majority of the revenue dollars to its boardwalk. Carrafa feels it should be well within his right to advertise for potential customers there.
This all started when Carrafa began telling one of his employees, Bob Leming, to sit in a chair on the southwest corner of Fifth and Allen and hand out menus.
This upset Escapule’s friend, Steve Goldstein, who owns the Longhorn Restaurant and Big Nose Kate’s, both located on Allen Street.
Shortly thereafter, Escapule began re-tooling his policies and instructed the marshal to start citing Carrafa for the old solicitation ordinances that have been on the books since 1998, but were never strictly enforced.
Escapule refused to discuss details of the dust-up.
“We’re in litigation with Carrafa on numerous incidents. We’re in court. I refuse to respond to anything Mr. Carrafa has had to say. He wants the media to get on his side so he can circumvent the laws,” Escapule said.
In his lawsuit against the city, Carrafa is also naming Escapule personally, and suing him for damages.
Escapule responded this summer with a lawsuit of his own attempting to shut down Six Gun City for good. A judge refused to close Six Gun City, and ordered that the City of Tombstone and Carrafa compromise.
But the war is far from over.
Carrafa purchased the Six Gun City restaurant two and a half years ago, even though the establishment itself has been open for 13 years.
Before, he lived in south Florida and worked as a communications contractor.
Though his first year in town was relatively conflict free, the rest of his time here has been eventful, to say the least.
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