He's lost several battles in court, and now he's lost the battle in the court of public opinion.
Rochester City Attorney Terence O'Rourke was heckled, called a bully and threatened with a petition for removal at Wednesday night's Zoning Board of Adjustment meeting at City Hall.
The meeting contained three controversial agenda items, all having to do with the planning board's denial of nonfair events that RAMA insists should be grandfathered because they have been approved by the city in the past.
They included a Christmas light show that would run from Thanksgiving to New Year's, a Twisted Metal derby and enduro event and a flat track motorcycle race, all nonfair events that RAMA has had in the past and insists they are necessary to keep the nonprofit solvent and the fairgrounds and its buildings properly maintained.
Attorney Marcia Brown of Brown Law in Concord, who represents RAMA, said the nonfair events are grandfathered and should be allowed, but O'Rourke said they are all now against the law and were approved in the past in error.
"Just because you get away with something, that doesn't make it's legal," he said at one point.
But while Brown articulated her arguments calmly and coherently, O'Rourke was often quick-talking legalese and referencing court cases to point out precedents from previous court cases will nilly.
"Can you please slow down," someone yelled from the gallery at one point prompting O'Rourke to grimace, but not slow down.
Clearly, he was trying to intimidate the ZBA members into denying the variances RAMA sought.
"You must uphold the law," he told them at one point.
A few moments later he let the ZBA and the dozens of angry Rochester residents seated behind him know that that "the city has no burden here tonight."
I wonder if some in the audience had no inkling of what he was talking about by that statement.
One of those speaking during the public hearing said there was a whole lot of "unnecessary negativeness" surrounding the meeting, which comes at a point when it's no secret that the city has designs on the fairgrounds, and RAMA believes they're being demonetized so they'll sell the Fairground's 55 acres at a loss.
But O'Rourke's performance was so over the top and so shameful that one resident spoke out directly to the board rather than rebut the city attorney's arguments.
"I'm feeling pretty bad for you, because I think you're being bullied by the city attorney," she said as she looked directly up at ZBA board members. "Please don't raise my taxes so you can take them (RAMA) to court. The city attorney is bullying you. Don't allow my tax money to be wasted when he takes us to court again."
To their credit in the end the ZBA approved the flat track motorcycle races, tabled the Twisted Metal derby/enduro race decision till next month and asked RAMA to reapply on the Christmas Lights show to tighten the time frame.
Kudos to the ZBA for not cowing to the city attorney and showing some backbone and common sense.
Grandfathered is grandfathered.
Maybe the city attorney should look up its definition.
Here's one I found quite easily.
"A grandfather clause is a clause in a law or ordinance that allows an exemption from a rule or condition if the circumstances were different in the past."
Some of the most raucous response to O'Rourke's rants come at the 2:27 mark.
To watch some of the four-hour meeting click here.