Talk Ain't Cheap

The Nightlife Summit didn't solve every club owner's problems, but it's an overdue start

It was only four hours—barely as long as a transcontinental flight—but September 28's much hyped Nightlife Summit at John Jay College, the brainchild of City Council Speaker Christine Quinn ,was probably the longest discussion members of the nightclub industry have ever had with government officials and police. "It was a relief," said Sutra Lounge owner Ariel Palitz. "We really only interact with each other when there's a problem."

The closed-door session hosted panelists such as Spirit's John Blair, David Rabin and Robert Bookman of the New York Nightlife Association, NYC criminal justice coordinator John Feinblatt, City Councilman Peter Vallone Jr., and Daniel Boyle, chairman of the New York State Liquor Authority. In the audience of 80-plus (which got a few opportunities to speak) sat community board members; community activists; New York State Senator Tom Duane; City Council member Thomas White; Sandee Wrightof the Whiskey Ward; Amy Sacco of Bungalow 8; and reps from Crobar, the Roxy, Mr. Black, and Guest House. The four hours went fast, and the dialogue touched briefly on topics like changing the 311 anonymous-call system, raising the club entry age, and assessing the controversial proposals for Paid Detail Units—off-duty officers paid by the clubs to monitor heavily populated nightlife areas.

The media-free environment allowed open dialogue, including Blair's controversial accusation that the police use the Nuisance Abatement Act—which allows the city to shut down a club for drug sales or underage drinking by obtaining an emergency court order—as a form of harassment and racial profiling. He says Spirit has been shut numerous times under the broadly worded act, which doesn't require convictions—only arrests—to trigger an immediate closure, which almost always happens on Friday nights.

"This assertion is completely unfounded," said Assistant Police Chief Michael Collins when reached by e-mail last week. "The Nuisance Abatement action against Spirit, or any other club, is in no way based on the race of the clientele, and any such claim is irresponsible and wrong."

According to the club owners present, the NYPD representatives—including Assistant Chief Bruce Smolka and Deputy Chief Brian Conroy—didn't appear to take this and other critical comments well. Bookman said that the elected officials "came across as being more than reasonable, and the police did not."

But when reached by the Voice, Quinn cautioned against that analysis: "Just because police officers aren't as chatty as elected officials shouldn't be misinterpreted as them not being interested."

Numerous club owners also explained that they were afraid to call the police to their venues for help because they say that such calls are always met with a Disorderly Premises summons. From the audience, Roxy manager Jason McCarthy explained that he'd called to save a person's life, and after assistance arrived, police wrote up such a Disorderly Premesis ticket.

"We were concerned to hear such allegations," NYPD rep Collins said afterward, "and invite any club owner who feels that an inappropriate summons was issued to contact us, so we may investigate the circumstances."

Despite the tension, Bookman says, "I think even the police got the message a little bit. At the end of the summit Bruce Smolka gave his phone number out, and I called him on Tuesday." He's since been in conversation with Smolka's office about the 10th Precinct shutting down clubs at 4 a.m., flouting a 1989 lawsuit, won by the Limelight, proving that, while clubs can't serve alcohol after 4 a.m., they are allowed to stay open 24 hours under state law.

The debate over the legality of Paid Detail Units incited the most heated discussions. Panelist Sue Petito, the assistant commissioner for intergovernmental affairs for the NYPD, joined the police in insisting PDUs are against the law. Bookman pointed out that it wasn't illegal when the NYPD suggested Paid Detail Units a few years ago, but that the proposal was rejected by NYNA and club owners because it was "prohibitively expensive."

Collins explained afterward: "The Alcoholic Beverage Control Law prohibits a police officer from being directly or indirectly interested in the manufacture or sale of alcoholic beverages," making PDUs "clearly illegal." He said that the proposal a few years ago was crafted to have a group of businesses hiring officers, not individual businesses. NYNA's Rabin said, "It is our opinion at NYNA that the plan designed by theNYPD was deliberately crafted to be rejected. It was not feasible economically, and they knew it. They wanted us to say no so they could then say it was us being unreasonable."

"We came to Paid Detail only out of frustration," said Rabin, who added that club owners would be happy if the police increased their presence on the street voluntarily. But barring that, "We'll pay for police presence. We don't want a situation like New Orleans, where police check ID. We don't intend to replace the security bouncers with police. We just want them to walk up and down the block as beat cops."

Sutra Lounge's Palitz said, "I don't think the City Council really knew the extent to which everyone is trying to place blame and criminalize each other." Her bar—located on the busy, noisy corner of First Avenue and 1st Street—was dubbed public enemy number one when former City Council member Eva Moskowitz released the 2005 survey of the city's noisiest nightspots, based on the frequency of 311 calls.

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