By Sharon Coolidge
The Cincinnati Enquirer

The operator of Semantics gallery in Brighton illegally served alcohol at an art gallery opening in June, but does not deserve a jail sentence or fine, a Hamilton County Municipal Court judge determined Monday.

Judge Guy Guckenberger found David Dillon, 44, guilty of keeping beer on the premises of the gallery without a permit and furnishing alcohol without a permit.

"This is a nonprofit arts organization," Guckenberger said. "They sold liquor without a permit, but Dillon had no prior record and was upfront and honest with the court about what happened.

"No financial penalty was appropriate," he added. The state does get to keep the $89.10 confiscated in the raid.

Guckenberger imposed a $100 fine, as called for by law, but waived it.

Since the citation, Cincinnati's gallery owners have voiced support for Dillon.

"What happened, happened purely out of innocence," said Dennis Harrington, director of the Weston Art Gallery at the Aronoff Center for the Arts. "It was right for the judge not to punish David. Semantics has given a lot to the community."

Cincinnati police officers, in undercover clothes, went to Semantics June 7 thinking it was the site of a rave, a party where unauthorized alcohol sales are common.

In fact, the gallery was hosting an opening party for "Struck by Lightning," a collection of work by about 30 local and regional artists.

When officers saw liquor being served illegally, they called in uniformed help, requested identification of everyone inside, and dumped the alcoholic beverages. Police confiscated the remaining beer and the donations.

A state liquor agent testified he asked to buy a drink and was served in exchange for money.

Guckenberger could have imposed up to a $1,200 fine and put Dillon in jail for up to six months.

"This was a very appropriate disposition," said Cincinnati Vice Capt. Paul Humphries. "I know people call us the fun police, but that's not our intent. We want to provide a safe environment for people to have fun."

Cincinnati City Prosecutor Ernie McAdams said Guckenberger's decision should send a message to gallery owners - a permit is needed to sell alcohol.

Dillon could not be reached.

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E-mail scoolidge@enquirer.com