Could Seattle Clubs
Lose
Their “Spirits”?
A high incidence of shootings, stabbings, rowdiness and
underage drinking in gentrifying areas of Seattle, Washington has led city
officials to desperate measures. Attempting to take back the night, Seattle Mayor Greg Nickels ordered a 10-day sting operation and Special Task Force Report was ordered, which resulted in
citations for more than 14 clubs and forced two clubs out of business.
Nickels, a member of Mayors Against Illegal Guns Coalition, is
aggressively trying to impose a special license that would allow the city to
shut down clubs it determines are a source of trouble. Many believe that the
proposed regulations unfairly brand nightclubs as the source of violence and may force several to close, with no real impact on the city's violent crime wave.
And if the stricter regulations Mayor Nickels is pushing are passed, it could
affect any establishment that serves liquor - bars, restaurants, even
convenience stores.
Are such drastic actions justified? Could the city government’s
chokehold silence Seattle’s live music scene? Should club owners bear more
responsibility for their patron’s bad behavior? Let’s explore.
OPERATION: SOBERING THOUGHT
A sad but true fact is that most clubs rely on alcohol sales, not musical
talent to make a profit and stay in business. Selling alcohol requires
licensing and regulations. Without a license, there is no alcohol. Without
alcohol, there is little profit. Without profit, there is no club. Without a club,
there is no intimate live music outlet. Essentially, if you can control the
licensing, it’s as if you hold the clubs’ necks in the lunette of a guillotine with
a firm grip on the release handle. Now, if the executioner has a vendetta
with an itchy hand, you can see how problems might arise.
THE ISSUE
A sharp increase of violence in and near the Pioneer Square and lower
Queen Anne area became the leading news two years ago. Residents were
tired of headlines like “Downtown Shootout Leaves 1 Dead, 2 Wounded” and
Mayor Nickels vowed to respond with an iron fist. The Mayor created a task
force comprised of club and neighborhood representatives to initiate new
legislation to combat the problem.
The widespread violence, incessant media coverage and pressure from
the Mayor pushed the Liquor Control Board to suspend the licenses of the
most notorious hotspots - Larry's Nightclub in January, 2006, and later that
spring, Mr. Lucky. Both clubs ultimately closed and re-opened months later
under new names, promoting a tamer vibe. But Seattle’s epidemic of club
violence rages on. Just three months ago, a mob of a 100 people or more
poured into the streets outside The Seattle Center.
Many residents in these neighborhoods believe that the nightclubs and
the booze they serve are the problem. Violence and liquor misuse aren’t the
only complaints - noise and litter have also been driving neighbors batty.
The current laws issue fines after a warning has been given and a
second offense has been confirmed. Due to time and budgeting constraints,
the police simply cannot enforce the law 100% of the time and usually wind
up issuing a warning. Admittedly, some club owners take advantage of the
situation.
SHOULD THE MAYOR SOBER UP?
The mayor’s taskforce of club owners and residents reviewed the
regulations of 12 US cities before arriving at their Seattle-centric
recommendations. The mayor, though, has mostly ignored the committee’s
proposals and has been pushing the city council to pass an ordinance
requiring a special license for nightclubs that would effectively give the city
the right to shut down clubs that are repeat offenders. Many club owners
fear that the Nickel’s proposal could shut them down at the Mayor’s
discretion.
In June 2007, seven months after the mayor unveiled his proposal,
The City Council drew up its own, more detailed yet more lenient variation.
Their proposal would impose a series of fines rather than requiring the
immediate suspension or revocation of the license and seeks funding for a
code enforcement team to patrol the clubs five days a week. This version
was more appealing to the club owners and neighborhood representatives.
Still without a new plan in place, the violence continued. In early July,
gunshots were fired in Tabella’s parking lot, injuring a young lady. Also on
that same night, another small riot with up to 25 people fighting required 18
police officers to control the situation. The Seattle Police Department has
recorded a dozen or so incidents in 2007 alone involving customers of Tabella
or near its premises. Some of them were violent, while some were simple
noise complaints.
Like many owners, Kauser Pasha, owner of Tabella, doesn’t think it’s
his responsibility to control the actions of unruly people outside his doors.
Regardless, he knew his days could be numbered and switched the club’s
focus from Indie Hip-Hop to Top 40, hoping to attract a different clientele.
The desperate owner felt this was the only way he could stay in business
since the city ordinances forbid off-duty officers to serve as private security
due to allegations of misconduct in the past. More about this later.
THE BEAT GOES ON
Having successfully closed Larry’s and Mr. Lucky, Nickels’ strategy is to
continue building strong cases against red-flagged clubs to force the liquor
board to suspend their licenses. A smart move, considering recently passed
legislation states that the liquor board, in issuing or renewing a license, must
give greater weight to city or county recommendations.
The city maintains a list of the “most violent” clubs in Seattle by
keeping a tally of police reports. Club owners claim that this is not an
accurate source as police are routinely called by the clubs, themselves, not
outside sources, for such minor disturbances such as patrons angrily reacting
to the confiscation of fake IDs or refusal to serve them drinks. These police
calls, they argue, should not endanger their licenses.
It seems as if the board agrees. Recently, the mayor attempted to
invoke another emergency suspension of the liquor license for Tabella.
However, despite the abundance of police reports, including the shooting
down the street from the club, the liquor board concluded that there were
still “no grounds” for holding Tabella responsible.
STING AND THE POLICE
Similar to a Dateline investigation, a two-week undercover sting,
Operation Sobering Thought, was deployed reportedly costing $52,000. 40
Seattle officers went undercover, working a total of 900 hours. The sting
resulted in 17 arrests of club employees on September 6th for various illegal
activities.
Infuriated club owners say the mayor has gone too. Previously, these
offenses would warrant citations, not arrests. Nickels' camp claims the sting
was the brainchild of City Attorney Tom Carr. However, the mayor doesn’t
seem to object. Whether or not the operation was justified, the mayor now
has the full attention of club owners.
Ironically, the same police officers that were legally prevented from
patrolling the clubs as off-duty security were taking part of the sting
operation and posing as customers, using underage accomplices to test the
club with invalid identification.
A total of 14 bars and clubs were accused of crimes ranging from
serving alcohol to minors to allowing firearms on the premises. Tommy's
and Tabella Restaurant & Lounge were both cited for allowing customers to
enter with firearms. David Osgood, the attorney for Tabella, said his staff
knew the undercover officer and didn't question the weapon because he
assumed the officer was conducting police business. Soon after the incident,
and possibly a political strategy, the allegation of firearms was rescinded
against Tommy’s. However, the damage against their reputation was already
done.
Many clubs, fearful of the intense scrutiny, avoided arrests by beefing
up their own security measures and club guidelines. Although the sting was
primarily used to gather information about the severity of these crimes,
misdemeanor charges have been filed and the cases are being reviewed.
Brian Foss, Booking Director of Seattle club, The Funhouse, expresses
a view shared by others in the industry. He reflects, “I moved
to Seattle in 1988 and one thing I thought was great about this city is
anybody with a PA could find a dive bar with slow weekends and go to the
owner and say ‘Let me book some bands in here and I'll increase
your business!’ Some of my favorite joints for live music were started like
this. Sadly due to gentrification this is becoming harder and harder to do. If
the mayor succeeds in coming up with a nightclub license, will some of the
smaller joints doing shows now stop? It's seems short-sighted to me.”
THE TWILIGHT ZONE
Some council members were displeased about the sting and spoke out,
questioning its timing and scope. Ultimately, they decided to delay a
decision of a new license for a full year, perhaps hopeful that their legislation,
which includes a nightlife regulation team, will prove successful.
The mayor is holding out for a required nightlife license. The Seattle
Nightlife and Music Association went on record saying the mayor’s solution
would surely restrict future investments in the city's nightlife industry. Club
owners and staff are understandably concerned.
So, who is right and who is wrong? While safety is foremost, we must
not forget fairness in allocating responsibilities and assigning reasonable
consequences for failing those duties. A city will show true integrity when
this balance is achieved.
Furthermore, we must not abandon our music, which somehow seems
to have become the underlying treasure at risk in all this commotion. Alfred
Lord Tennyson poetically expressed it well in Gareth and Lynette:
The city is built
To music, therefore never built at all,
And therefore built forever.
LATEST UPDATES
On October 5th, during a fight, four men were shot in a parking lot near The
Seattle Center.
After receiving another citation, Tommy’s Nightclub & Grill owner, Jeff
Andrew, decided to shut down the club. Andrew opted not to contest the
final violation, which would have been a costly battle. During the last year,
he had made exhaustive attempts to improve conditions with very little
cooperation from the council and it was at this point, he says, that he knew
his business was in danger. Andrew will not be eligible to open a new club
for five years.
Tabella's license was to be revoked this month after the heat of the recent
sting. It appears as though the building will be sold and turned into an
evangelical church. Mars Hills Church is expected to open sometime in early
2008. Besides having Sunday services, the owner also plans on creating his
own Christian venue for art and entertainment, which will include Indie Rock,
Electronica and Hip-Hop concerts.