Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 24, 1990 TAG: 9005240638
SECTION: VIRGINIA PAGE: B-1 EDITION: EVENING
SOURCE: TRACY VAN MOORLEHEM STAFF WRITER
DATELINE: LENGTH: Medium
Police told Brogan during a neighborhood pool tournament she held May 13 that she had 30 minutes to clear the building of minors or be charged with a misdemeanor under a longstanding section of the city code that makes it illegal for those under the age of 18 to be in a "poolroom."
The code does not ban minors from playing pool, just from being in a "poolroom." And according to city attorney Wil Dibling, the code does not describe exactly what a "poolroom" is. Dibling said that he suspects the statute was written at a time when poolrooms were unsavory places not suitable for children.
Brogan said that there is nothing unsavory about her place. She doesn't allow drugs, alcohol, swearing or public kissing in her game room. In four months she has never had trouble with the kids, although some neighbors have complained about the noise from her juke box and the kids loitering in front of her building.
Brogan complied with police orders while she made dozens of calls to police, attorneys and city administrators.
"I was a poolroom in the policeman's mind, but not in my mind," Brogan said. "The commissioner of revenue came by and told me that I was classified as a game room."
Kids who have used Mary's place as a gathering place since it opened in February had to sit on the steps outside.
Monday police came by again, Brogan said, this time to tell her that because she has "three or less pool tables," she is indeed classified as a game room and can legally allow minors inside.
Brogan is glad for the reversal, but wishes it had come sooner. In the time that she had to ban minors from her establishment - a game room and consignment shop comprised of three pool tables, 5 or 6 video games, a juke box and a soda machine, Brogan lost a significant portion of her monthly income, she said. In order to pay her rent she's had to take on a second job, waitressing in the mornings.
"I just wish they [police] hadn't closed me down without finding out first whether or not I was classified as a poolroom," she said. "They had no right." Commonwealth's Attorney Donald Caldwell said police consulted him after they closed Mary's place to minors. Upon reviewing the code, Caldwell said, he told police that as it stands the code is unenforceable.
Brogan said the publicity she's received has encouraged some neighbors who have never been in her game room before to come over, look around, and judge her place on its merits rather than on just looks alone.
"These are not bad kids. They just need some understanding," she said.
Kids who hang out at Mary's place say it keeps them out of trouble in their neighborhoods by giving them something to do. Some of their parents said at a neighborhood meeting on Mary's lawn that for the first time in years they know where their kids are.
"The kids treat Mary with more respect than their own parents," said one father.
by CNB