YOUNGSTOWN — The Social Bar, shut down Aug. 26 after being declared a nuisance and boarded up, will remain closed after the judge assigned to the case recused himself because his father, an assistant city law director, spoke to an attorney involved in the matter.

Magistrate James A. Melone of Mahoning County Common Pleas Court said Tuesday that when he met with lawyers involved in the case prior to a hearing he learned that Lou D’Apolito, an assistant law director, had a conversation with an opposing attorney to “attempt settlement agreements.”

Lou D’Apolito is the father of Judge Anthony D’Apolito, who is assigned to the case. Lou is also a retired common pleas court judge.

“It has come to the court’s attention that there is a potential conflict of interest or at a minimum a potential appearance of impropriety that causes this court some concern,” Melone said.

Judge D’Apolito decided Tuesday to recuse his court from the case and asked the court administrator to assign it to a different judge, Melone said.

A permanent injunction hearing was canceled Tuesday.

Judge D’Apolito and Melone on Aug. 26 granted the city’s request for a temporary restraining order to close The Social on the ground floor of Erie Terminal Place on West Commerce Street.

The city complaint stated in the preceding six months that Youngstown police issued several criminal complaints against The Social including four for serving minors, four for disorderly conduct by way of intoxication, three for possession of marijuana, four weapons charges, five for assaults, and five for fighting or altercations among patrons.

John Zomoida — attorney for The Social and its owner, Fahd Daniel — objected to the recusal saying Judge D’Apolito could still objectively hear the case and there isn’t “a conflict of interest with this court.”

Zomoida said Lou D’Apolito got involved in the case because of the suspension of city Law Director Jeff Limbian.

After a dispute with city clerk Valencia Marrow over the timing of providing council legislation and acknowledging other communication issues, Limbian received a two-week suspension Nov. 18 without pay by Mayor Jamael Tito Brown. That suspension ends Thursday.

Gregg Rossi, Erie Terminal’s attorney, said Tuesday that he got a call about a week ago from Lou D’Apolito with “some discussions on the merits of the case.” Rossi had no objection to having the case transferred to another judge.

James Vivo, an assistant law director, also had no objection on behalf of the city.

Zomoida requested the temporary restraining order be lifted Tuesday, but Melone denied that — saying his court was recusing itself from the case and would make no decisions.

Zomoida said the closure is “impacting the livelihood” of Daniel. “We just want to reopen.”

He added: “We have serious doubts about the ability of the city to successfully prosecute this case.”

The business opened Oct. 31, 2020.