The Alabama Court of Criminal Appeals reversed the convictions of a newly elected Baldwin County Commissioner for operating a business without a license.
John "Tater" Harris was previously convicted in the Gulf Shores and Baldwin County Circuit Courts. He was sentenced to 30 days in jail, suspended, and 12 months of probation.
According to Friday's ruling, Harris owned a minority interest in Gulf Coast Rental Company (GCRC) when he was charged in May and June 2024. The company has held a business license in Gulf Shores since 2019 to rent items such as beach gear, coolers, baby strollers, umbrellas and pack-n-plays. However, by 2022, the City said the company did not apply for an additional license to rent golf carts. GCRC reasoned that a separate license was not required and initiated civil action against the city. The Appeals Court agreed.
"The City's argument that Harris's application for a business license specifically to rent golf carts – an application the City denied – demonstrates that such a license was required is unpersuasive," the opinion states. "That fact is not dispositive of whether GCRC possessed a valid business license in compliance with the ordinance at the time of the rentals, and the City's denial of the application did not render the rentals a violation under the ordinance.
"Therefore, the City failed to present a prima facie case that Harris operated a business without a license," the Court continued. "For this reason, Harris's convictions are due to be reversed, and a judgment is rendered in his favor."
Harris praised the decision.
"The facts have finally caught up with the accusations," Harris told 1819 News. "This is the third time the City has pursued criminal charges against me. The first case was dismissed by the City, and today the Alabama Court of Criminal Appeals unanimously ruled that the City failed to prove its case, reversed my convictions, and rendered judgment in my favor.
"I'm grateful for the Court's decision and thankful to finally put this behind me. Now it's time to do what the citizens of Gulf Shores and the people of Baldwin County elected me to do—get to work serving Baldwin County."
The opinion was issued less than two weeks after Harris won the Baldwin County Commission District 4 seat in the primary runoff election.
To connect with the author of this story or to comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every day or become a member to gain access to exclusive content.
