THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, October 7, 1994 TAG: 9410070618
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 85 lines
A Circuit Court judge granted an injunction to city officials Thursday, allowing them to close two controversial nightclubs at least temporarily.
Judge L. Cleaves Manning ruled that the Ebony Showcase and David's II would remain closed until a full hearing could be scheduled to determine if the clubs will be shut down permanently.
The Ebony Showcase, located on Airline Boulevard, and David's II, located on High Street, have been cited by city officials and residents as nuisances that should be permanently closed, according to several petitions filed with the court earlier this week.
Manning's ruling came on the heels of a vote by the Portsmouth City Council Tuesday night to have the courts shut the clubs down. That action followed a slew of complaints from nearby residents and a shooting spree at the Ebony Showcase last weekend.
The melee erupted early Saturday morning after the club's 1,700 patrons were panicked by a series of about 70 to 90 gunshots, police said. Although no one was shot, one woman was stabbed in the arm. Police were forced to block off part of Airline Boulevard and residents in the nearby Collinswood neighborhood were warned to stay in their homes. Police estimated that the shooting caused about $21,000 in property damage to surrounding businesses.
``It was like warfare on Airline Boulevard and in the parking lot,'' City Attorney Stuart E. Katz said. ``It's gone too far.''
Katz cited the misdemeanor convictions last week of two Ebony Showcase club managers charged with violating the city's noise ordinance and disturbing the peace. The cases are being appealed.
Katz also cited other incidents involving club patrons who later looted and vandalized surrounding businesses.
``There is a real concern for the health, safety and welfare of our residents . . . '' he said. ``Their lives are worth more than a half million dollars or whatever was invested into this business.''
But lawyers representing the Ebony Showcase said the operators of the club should not be held responsible for what patrons did after leaving and that the shooting spree was an isolated incident.
``That's one incident that happened over a period of four months,'' attorney Theodore Tondrowski said.
Tondrowski said the club is under new management and changes are under way, so closing the club is no longer necessary.
But Judge Manning said the litany of complaints was too long and could not be ignored.
``It's just one thing after another,'' said Manning, reviewing the city's petition against the club. ``The city has gone down a long, long road before they asked for injunctive relief.''
Alonzo Terrell Martin, owner of David's II, said he wanted a continuance because he had just received the summons hours before the hearing and was unable to have a lawyer present.
He said he also felt that the problems concerning his club were exaggerated. Police had to block off High Street three times this summer because of unruly crowds.
``We're not trying to say we don't have any problems, but don't try to put everything on the club and say it's our fault,'' Martin said.
The club, which has been in the neighborhood for eight years, did not start receiving complaints until its black clientele increased and it became black-owned, he said. Both nightclubs cater to a predominantly black clientele and are located in mostly white neighborhoods.
``We have so many obstacles with the city fighting us,'' Martin said after the hearing. ``But we're going to do everything in our power to stay open and remain effective.''
Other courtroom observers, however, were skeptical about the ability of the clubs to survive the 30-day shutdown.
``That's a death sentence - 30 days - if you're closed down,'' said George Rivers, a partner in the Riverfront, another downtown club.
``We're worried,'' he said. ``It seems that black clubs in Portsmouth are being targeted.''
A hearing on whether to permanently close the Ebony Showcase is scheduled for Oct. 27. No hearing date has been set for the David's II case. ILLUSTRATION: Color photo
BILL TIERNAN/Staff
Portsmouth Circuit Judge L. Cleaves Manning, left, granted an
injunction against Ebony Showcase, represented by Theodore
Tondrowski, right.
by CNB