THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, November 10, 1994 TAG: 9411100632
SECTION: LOCAL PAGE: B4 EDITION: FINAL
SOURCE: BY ANGELITA PLEMMER, STAFF WRITER
DATELINE: PORTSMOUTH LENGTH: Medium: 70 lines
A judge on Wednesday gave investors of the troubled Ebony Showcase nightclub one week to come up with a plan to end the noise that disturbs nearby residents and to correct other violations cited by the city.
Circuit Judge L. Cleaves Manning also told investors Wednesday that the club would remain closed, under an injunction issued last month, until he could review the new plan.
``I've got to give this some more thought,'' Manning said after hearing arguments from city officials. They proposed that the club close at 11 p.m. and be prohibited from staging live music or other entertainment and from allowing dancing and other activities that could violate the city's noise ordinance or otherwise disturb residents.
``I've got to fashion an order which gives relief to the citizens . . . but without completely demolishing the property interests'' of investors, the judge said.
The club, in the 2800 block of Airline Blvd., opened in 1984. It has been plagued by complaints from residents in the nearby Collinswood neighborhood, who call the club a nuisance because of loud music and rowdy patrons.
Angela Schleeper, who lives directly behind the club, testified Wednesday that she and her husband had to send their newborn son to a relative's home because the noise kept him awake. And soon after, they followed.
``I just couldn't deal with the noise anymore,'' she said. ``I just couldn't take any more, emotionally or physically.''
Thelma Eure, another nearby resident, testified that the noise was so loud on Saturday nights that on a few occasions she was too tired to attend Sunday morning church services.
``I was very sleepy in church, and it bothers me to miss church,'' Eure said.
The City Council voted last month to have the courts permanently close the club after a weekend shooting spree in late September.
According to police, the fracas started early on a Saturday morning after the club's 1,700 patrons were panicked by a series of 70 to 90 gunshots. Although no one was shot, one woman was stabbed in the arm. Police were forced to block off part of Airline Boulevard, and residents of Collinswood were warned to stay in their homes. Police estimated that the shooting caused about $21,000 in property damage to surrounding businesses.
The council also voted to shut down another downtown club, David's II, on High Street last month. Police had to block off the street three times during the summer because of unruly crowds. A hearing will be held in Circuit Court today to determine whether the club will remain closed.
``If a business is going to be so irresponsible that it will not protect its customers, it is my belief they should not be in business,'' said City Attorney Stuart E. Katz.
In addition, Katz said, ``let's think about the residents - they're under siege.''
Ebony Showcase investors testified that they already have detailed plans to change the club's format.
Rajesh Patel, a minority stockholder, said although he has already invested $700,000 in the business, he is willing to help make changes that may cost an additional $100,000 to $200,000.
He proposed targeting the 25-and-over crowd, in addition to playing more Top 40 music mixed with country. He also suggested offering banquet and wedding reception services.
``We've been working on options to allow us to stay in business to make money and keep everybody happy,'' said Theodore Tondrowski, an attorney representing Patel and other stockholders. by CNB