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.