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Letter to the editor

Citations against club tossed for technicalities

By SARAH MISHKIN
Published July 20, 2007

Two of its managers were arrested and charged with violating city noise ordinances.

Police have described the nightclub as uncooperative, the problem child of E Seventh Avenue.

And its speaker system earned the club eight noise citations, more than any other nightclub in the city.

But Club Fuel may just have gotten lucky.

Six criminal noise violations against Fuel were either dismissed by judges or abandoned by city attorneys because Tampa police officers used outdated forms and issued written warnings that omitted information.

If Fuel had lost any of those court cases, the City Council could have decided to review its wet zoning, possibly even prohibiting the nightclub from selling alcohol.

Because Tampa police did not write on the warnings the maximum permitted decibel level and the amount of time the clubs had to turn down the music, judges last week dismissed cases against Jai Lalwani and Richard Mackizer, both of whom authorities say worked for the club.

Also, assistant City Attorney David Shobe said the city will not pursue a violation pending against Joseph Azzi, another club employee, because of the same error in the written warnings.

Shobe said he is not sure whether the city will pursue two cases against Mackizer and general manager Bleirim Ljena that stem from their arrest on the night of June 28 for alleged noise violations.

"With each case you've got to look and make sure you've got the proper elements," Shobe said. "If you don't, it prevents you from going forward."

Tampa police issued invalid warnings because they were using outdated citation forms that did not reflect the requirements of a new noise ordinance that the City Council passed February 2006. That ordinance went into effect in April that year, police spokeswoman Laura McElroy said.

The Police Department did not update its citation forms until the end of 2006, when the city attorney noticed the problem with the old forms.

Because of last week's ruling, McElroy said, the city has decided not to pursue any warnings issued between April and December 2006.

Under the 2006 ordinance, people could face charges after receiving two warnings in one year.

"It's a brand new ordinance, so as we're implementing it and using it, we're kind of working out the kinks," McElroy said.

Sarah Mishkin can be reached at smishkin@sptimes.com or 813 225- 3110.

[Last modified July 19, 2007, 08:04:53]