The Red and Black

Jim Gundaker (center), also known as the hot dog man sits with his lawyers George Peters (left) and Jim Grimes (right) as they await a verdict at the injunction hearing Monday afternoon that ended in his favor. (Shauna Intelisano * The Red & Black) [Click to enlarge]

Gundaker, otherwise known as the hot dog man, was arrested last week on charges of criminal trespass.

But an Athens-Clarke County Civil Court judge said he can continue his business without interference from University officials -- until the case of his permitted location is tried in federal court.

"The court is concerned that the University is attempting to exceed jurisdiction in a manner that is not legal for them to do," Judge David Sweat said.

Gundaker's lawyer, Jim Grimes, said they filed the injunction to keep the University from imposing on Gundaker's rights.

"All we're asking of the judge is not to allow the University to interfere with Mr. Gundaker's right to be on public property," he said.

Gundaker filed the injunction with his attorneys against the Board of Regents in response to his Aug. 18 arrest by University police.

Al Evans, the senior assistant state attorney general who defended the Board of Regents, argued that the location was "smack dab in the middle of campus" so University police had the right to enforce the law.

The witnesses, including Gundaker and University officials, were uncertain if the stand's location was on University or Athens-Clarke County property.

Mike Ward, supervisor for vending at the department of Auxiliary Services, summoned University police to arrest Gundaker.

"I asked him to leave, and he refused," Ward said. "He said he was on public right-of-way and I said, 'No you're on UGA property.' " Ward later testified that, at the time of the arrest, he was unsure whether the Gundaker was on University property.

He also said Gundaker's permitted location on Baldwin Street was indicated by blue paint -- but Gundaker said the location was unmarked.

Sweat said the University should refrain from removing Gundaker unless he is located within 20 feet from an intersection, crosswalk or bus stop.

Doug Ross, director of Auxiliary Services, said he would take action if Gundaker is in the same place today as he was when arrested.

"If Mr. Gundaker is in the same spot, we will go out there with a tape measure just like the judge said," he said.

Article Tools