THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, October 6, 1994 TAG: 9410060507
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: BY JANIE BRYANT AND TONI WHITT, STAFF WRITERS
DATELINE: PORTSMOUTH LENGTH: Medium: 67 lines
About the time the city was filing for a court injunction to close two troubled nightspots, the owner of one, David's II, called a news conference to say he would fight to remain open.
The council voted Tuesday night to have the courts shut down David's II and Ebony Showcase, a nightclub on Airline Boulevard where shooting broke out last weekend, sending hundreds of patrons fleeing exits.
A hearing on the injunction will be held at 1 p.m. today before Circuit Judge L. Cleaves Manning.
Police said it took 15 officers almost an hour to get things under control during the Saturday morning incident at the Ebony Showcase.
Alonzo Terrell Martin, the owner of David's II, said that what happened at Ebony Showcase was serious, but that the city had unfairly put his business into the controversy because it does not want a black nightclub downtown.
``I never imagined it would be like this, but I knew from day one there was going to be opposition,'' Martin said later of the city's and community's attitudes toward his business.
Although police said they were forced to close High Street because of unruly crowds on three holiday weekends this summer, Martin said that there has not been ``any disturbance that would cause great alarm'' at David's since he opened it in April.
The club has been closed for repairs since Labor Day weekend, when a crowd pushed through glass blocks on the building's facade.
``I didn't get into this (business) to fight the city,'' Martin said. ``I want to work with the city.''
He said that his biggest difficulty has been crowd control and that the city had exaggerated the problem.
Martin said he has tried to work with the city to ease the situation, even attempting to hire off-duty police officers.
The owners of both clubs have complained that the city's Police Department refuses to allow off-duty officers to provide security to the businesses.
Police Chief Dennis A. Mook said police are not allowed to work off-duty at David's II because of problems the city had at a nightclub that preceded it at the same site.
And Mook told the council Tuesday that after Ebony Showcase was issued citations for violating the noise ordinance, he stopped allowing off-duty officers to work security there because he didn't want the department accused of a conflict of interest. Several residents of Collinswood had complained soon after the club opened that officers working at the Ebony Showcase might be hesitant to cite the club for violations.
City Attorney Stuart E. Katz has acknowledged that David's II's situation is different from that of the Ebony Showcase.
``With the Ebony Showcase it is a public nuisance, and no changes will eliminate the danger to life,'' he said.
But with David's, he said, owners could make changes if they want to get back in business. He said they would have to find a large parking lot for patrons and ways to control overflow crowds before the club would be allowed to reopen.
Councilman Cameron C. Pitts said David's II also owes the city money in back taxes and ``shouldn't be allowed to operate until they pay us.''
Martin said he has worked out a payment plan on the taxes.
KEYWORDS: PORTSMOUTH CITY COUNCIL by CNB