Judge Orders Nightclub Closed -- Neighbors Win Round In Court Battle

Community activists won a Superior Court order this week closing an after-hours club at Rainier Avenue South and South Juneau Street they say has tormented many of their nights since Jan. 1.

The abatement order signed yesterday by Judge Norman Quinn, however, will be taken Monday to the State Court of Appeals.

Antonio Salazar, attorney for the Neighborhood Gathering Place, believes Quinn overstepped his authority in ordering the club closed as a general nuisance.

Peter Triandafilou, attorney for the activists, originally had sought abatement on grounds that included drug activity inside the club.

That request was denied by Quinn after two days of testimony because of insufficient evidence.

But evidence and testimony presented by Triandafilou convinced Quinn that other activities associated with the club constituted a general nuisance to the neighborhood.

Seattle police Sgt. Debbie Allen testified that letters had been sent to Lutricia Fields, owner of the building, and Anita Asphy, club operator, informing them that police twice investigated incidents of illegal drug activity in the club.

A video made by area residents was introduced as evidence of noisy patrons spilling onto the sidewalks and onto Rainier Avenue South, blocking traffic and showing what Triandafilou said appeared to be drug transactions near a police patrol car virtually surrounded by the crowd.

The club has operated Thursday through Sunday, midnight to 5 a.m., but does not sell liquor.

One witness, Wilbur Young of the city's Department of Construction and Land Use, said a violation notice has been sent Fields and Asphy.

They have applied for a use permit as a club but it has not been approved, Young told Quinn.

Affidavits signed by residents of the area, including an apartment house owned by Carl Haglund who hired Triandafilou, also cited fist fights, one of which they say caused a woman to have a fatal heart attack, assaults, gunfire, loud music from stereo systems in cars, and debris littering the area from drug use, sex acts and liquor consumption.

Triandafilou also argued that cars parked by club patrons frequently made nearby streets impassable for fire trucks and aid cars.

Salazar contended that his clients can not be held responsible for all patron conduct in the neighborhood.

Trial on the community's suit against the club is scheduled for November 1993.