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Judge Orders Padlocking Of Club Deep Blue

Says Owner Braswell Unable Or Unwilling To Control Problems

Monday, August 03, 2009

Criminal Court Judge Rebecca Stern on Monday afternoon ordered the padlocking of Club Deep Blue on Brainerd Road, saying owner Randy Braswell was "unable or unwilling" to control a host of problems spawned by the club.

She directed the sheriff's office to padlock the club at 3200 Brainerd Road and said the owner is perpetually enjoined from reopening it.

The ruling came at the close of a six-hour hearing during which the judge noted that nearby residents and business owners complained of loud noisy, drug activity, gunfire, fights, public urination and illegal parking at or near the club.

Defense attorney Arvin Reingold called the action "draconian" and said the owner had taken all the actions he could to abate a nuisance.

The public nuisance petition had been brought by District Attorney Bill Cox.

Several witnesses said patrons of the club are noisy and cause damage to nearby property - especially on Saturday nights.

Defense attorney Reingold said many of the complaints were away from the club location near the tunnel.

He said, "It appears that the sins of Brainerd are all put on Club Deep Blue."

Attorney Reingold also said there are other remedies for relief. He said the police could bring charges under the existing city noise ordinance, and he said business owners and residents can have cars towed if they are on their property.

Among those attending the hearing were Mayor Ron Littlefield and former District 6 Councilperson Marti Rutherford.

Mayor Littlefield, despite shaking hands with club owner Braswell, said he feels the owner cannot control the problems the club has brought. The mayor is a Brainerd resident.

Ms. Rutherford was among those citizens who have taken it upon themselves to patrol areas near the club on weekends.

Lt. Charles Russell said police answered numerous calls to the club and it sometimes tied up the majority of the Brainerd officers.

He said there was a shooting at the club on July 12.

Susan Birkhead of Crestview said noise from the club and its patrons shook the windows of her home. She said some patrons would urinate in her yard. She said broken beer bottles and trash wound up in her yard.

"We've heard gunshots a lot," he said.

She said when she and others began patrolling outside the club they were called names.

Since the club was closed recently, she said, "It has been great to be able to sleep on a Saturday night and not hear all the noise and all the traffic."

Peggy Rosell, who operates the nearby Out of the Blue cafe, said on the nights the club is open neighbors hear loud screams, blowing of horns and music from cars.

James Gilliam said he saw people dealing in drugs while he patrolled the area and several others said there was a thick smell of marijuana around the club. Owner Braswell said he never saw any drug activity inside or outside the club.

Mr. Gilliam, who was the only black witness, said Mr. Braswell "used the race card on me. He said we black folks should stick together and that the white folks were trying to shut us down."

Michael Alfano of the Comedy Catch said he had to change the 10:30 show to 10 p.m. because patrons were fearful of the Deep Blue crowd.

Beverly and Jeff Whitley, who have several nearby buildings, told of a dumpster being set on fire soon after they began having cars towed that were parked on their lot.

Ms. Whitley said the couple was trying to improve the entrance to Brainerd, but with the club it was an uphill battle.

Mr. Whitley said he joined the patrols at first, but finally quit going. He said, "I have several businesses to operate and I could not keep staying up until 3 a.m. on Saturday."

But Ms. Whitley said she stayed on the front lines with other women, though she was once told that she could get hit by a stray bullet.

Other witnesses told of seeing women urinating in Brainerd Road and of people defecating in yards.

Albert Koehler said he had to spend $29,000 on upgrading windows at his old house to try to block the noise.


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