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Executive Cigars in Historic Deutschtown. (Photo by Kelsey Shea).

The Protection from Abuse order filed by Executive Cigars owner Andrew Lee against Zone 1 Police Commander RaShall Brackney was dismissed today in court by Judge Kelly Bigley.

Lee filed the PFA shortly before his appearance in front of the city zoning board requesting a special exception for his cigar shop in Historic Deutschtown.

The judge dismissed the order because Lee failed to produce evidence of any romantic relationship between him Cmdr. Brackney and his testimony was inconsistent with evidence.  She called the charges against “offensive” and an abuse of the justice system.

The Northside community has supported Cmdr. Brackney through the PFA and investigation of Executive Cigars, and has complained to police and City Council of the problems caused by late night parties at the shop.

 Ed Graf, East Allegheny Community Council Treasurer, said he does not believe the charges against Brackney were veritable.

“Her actions were driven by the neighborhood,” he said.

Yesterday Lee was scheduled in court to appeal the nine fire code violations that were filed against him. Though he plead not guilty, Lee and his attorney did not appear in court. Lee told the Tribune Review that he forgot the hearing was today.

Judge Kevin Cooper found Lee guilty on four fire code violations and fined him $800 plus court costs. Five of the violations have been continued.

The City of Pittsburgh has also found Lee in contempt of court for violation of an ordered issued by Judge Joseph James on DATE. Lee has until May 22 to appeal.

The city zoning board is currently deliberating on whether or not to allow Lee to extend his hours and allow alcohol on site.