What Imette St. Guillen’s Death Means to Nightlife

By Gamal Hennessy

On February 25, 2006, Imette St. Gullien left the Falls Bar with Darryl Littlejohn. Two days later her body was found. She had been beaten, raped, murdered and dumped on the side of a road in Brooklyn. Her killer was convicted late last week, but the shockwaves from her death are still being felt in the industry. The creation of the CEI and the passage of Imette’s Law are directly tied to Ms. St. Guillen’s death and have permanently altered the nightlife landscape in New York.

The Sean Bell Connection

The Club Enforcement Initiative (CEI) was set up by the New York City Police Department shortly after the Ms. St. Gullien was killed. Fourteen officers were recruited out of the vice and narcotics squads and sent into clubs undercover where they would investigate drug sales, prostitution and other alleged crimes. The officers were allowed a two drink minimum to help them blend into the venue and they would take deliberate steps not to reveal their identity once they were in the club.

Unfortunately, the police of the CEI were themselves accused of nightlife violence shortly after the unit was created. In November of 2006, Sean Bell and his friends left a strip club called Club Kalua in Queens after his bachelor party. Believing Mr. Bell to be armed and the suspect of a crime, the CEI proceeded to follow Bell’s car. Police reports indicate that after the car hit one of the officers and slammed into an unmarked police van, members of the CEI fired 50 rounds into Sean Bell’s car, killing him and wounding two of his friends. It was later discovered that Bell was not armed and was not guilty of any crime. This incident touched off heated debate within the city about police brutality and racism within the department.

The Best Practices Connection

On the other side of the coin, the murder of Imette also led to increased cooperation between operators and the NYPD. In 2007 a Nightlife Summit was held to discuss the issue of crime and violence within nightlife. City Council Speaker Christine Quinn organized the summit that brought together Police Commissioner Ray Kelly, David Rabin, the current president of New York Nightlife Association and other various club owners.

The result of that summit was the 58 measures of the Nightlife Best Practices which were supposed give club owners incentive to call the police if trouble occurs. In theory, the call would not raise the specter of disorderly premises citations that interfere with liquor licenses and the ability to stay open. Shortly after the summit, the New York State Assembly’s passed Imette’s Law which required video surveillance in clubs and stronger background checks for security staff

Unfortunately, not every measure discussed during the summit translated into policy. The operators at the Summit also called for finding ways to get more cops to patrol outside clubs and bars, increasing accountablility for teens that use fake IDs, targetting the makers and sellers of fake IDs, raising the admittance age for venues from 16 to 18 or 21, and fostering a better relationship among club owners, the NYPD and the SLA. Unfortunately, these measures have yet to be been implemented. Even though they could have improved safety from all types of crime and violence these recommendations were pushed aside for a quick fix at the operator’s expense. A chance to support nightlife was rejected for a one sided demand for operators to assist a police investigation after a crime as taken place.

A camera can record who goes into a club, who leaves, when they leave and who they leave with. If a person like Ms. St. Guillen leaves with a murder like Mr. Littlejohn, then the homicide division will be able to look at the tapes and compare them to criminal profiles once the body turns up bound and asphyxiated. But if there were police patrolling the club areas, criminals might decide to not commit their crimes at that point. If there were Paid Detail officers standing outside of The Falls then perhaps Ms. St. Guillen would have had other options on how to get home instead of walking away with someone she never met. Maybe nothing would have changed, but even the likelihood that nightlife could be safer should be enough of an incentive to take up the Summit’s recommendations.

Littlejohn has been convicted of murder, the lawsuits against the operators of the club are still pending and operators and patrons socialize under the new guidelines. Although violent death is extremely rare in New York nightlife, the steps left on the table during the Nightlife Summit could make nightlife even safer. Hopefully more political action on the nightlife issue will lead to more progress in the wake of Ms. St. Guillen’s death.

Gamal

Are Police the New Health Inspectors or Tax Collectors?

By Gamal Hennessy

Imagine this. You’re sitting in your favorite bar nursing a drink and wondering how you’re going to convince the waitress to give you her phone number. Without warning three cops walk in, push behind the bar and start poking around with their flashlights, making everyone in the room very nervous. As you gather up your belongings and discreetly make your way towards the door, would you assume that this was a raid? Would you guess that the cops were looking for drugs, guns or child pornography? Would you believe they were looking for fruit flies?

Fruit flies are drawn to alcoholic beverages and bar owners are required by the state law to keep them out of liquor bottles as a matter of public health. As part of the routine inspections by the Department of Health (DOH) bars are inspected for fruit flies and any venue that has fruit flies on or in the bottles is subject to a fine that could run between $700 and $1,000 per infested bottle. This is a normal part of the nightlife business and isn’t really a cause of concern among operators. The problem arises in the way the law has recently been enforced. Even if you are a nightlife native who frequents various venues, you have probably never seen a DOH inspection taking place. That’s because inspectors keep a relatively low profile while conducting their business. Patrons usually have no idea what is going on and they don’t have to. But there have been reports of layoffs at the DOH, which could mean fewer inspectors. But inspections still need to be conducted, especially since every violation can lead to fines that cash strapped city and state governments are desperately looking for. So somehow the DOH has been replaced with the NYPD who is anything but low profile when they come into the bar.

One operator commented on the climate that the NYPD creates; “By sending a uniformed officers from the NYPD behind your bar with a flashlight looking for fruit flies and whatever else they can find at the height of your business hours creates a stressful situation for you and your customers. It looks like a crime was committed in your place and they are looking for evidence. It gets people talking about your establishment in ways you don't want.”

Bar and lounge owners in various parts of the city have described this scenario happening in their bars with increasing frequency. Some operators think that the NYPD has been given a mandate to perform random inspections as a way to “find” violations and provide the city and the state with much needed revenue. Various operators have voiced opinions about the situation: “What they are thinking is that they are going to get funds for a broke state and city no matter what the consequences. No thought is given to the outcome except that those cops better come back with some violations. With cops conducting their random inspections, we are at the whim of whoever is giving these cops the orders to do these. It is much more invasive and detrimental to our businesses. “I don't think this has anything to with revenge against a particular venue. All bars are suffering this treatment. This has more to do with the city's need to collect more revenue in the shape of fines and the fact that they've laid off a number of health inspectors.”

So instead of increasing state revenue by working with the nightlife industry, local government is trying to increase state revenue by intimidating and attacking it, using the police as its instrument. We have pointed out in previous articles that ending the backlog in liquor license applications and increasing the number of venues would actually increase state revenue significantly. And as dangerous as fruit flies are to public health, the police are probably better utilized deterring and preventing crime outside of venues instead of poking around behind the bar looking for bugs. We know that the state wants to use liquor consumption as cash cow and nightlife is an economic resource that the city can use for its benefit, but only if it takes more of a cooperative stance instead of being antagonistic.

Unfortunately, some operators don’t see things getting better because they don't feel the lobbying efforts are strong enough to support their position. “With all due respect to our lobbying groups, I really don't think they have the stomach for this kind of fight. We are just going to have to put up with this intrusive behavior by our government and keep our bars as clean as possible.”

So if you see a couple of cops climb behind your favorite bar, it might not be a raid. It might just be an abusive health inspection.

Have fun.

Gamal