Vote on clubs raises issues

Council says teen dance hall ban a matter of public safety, but others say kids need place to gather

Dancing has been banned in Henderson. At least for teenagers 18 and younger.

The Henderson City Council approved an ordinance making teenage dance halls and nightclubs illegal at its April 1 meeting.

Mayor Jim Gibson, Ward 1 Councilwoman Gerri Schroder, Ward 2 Councilman Andy Hafen, Ward 3 Councilman Jack Clark and Ward 4 Councilman Steve Kirk listened as parents, teenagers, a staff attorney from the American Civil Liberties Union and the owner of Frozen 75, the only teen nightclub operating in Henderson, argued against the ordinance.

"I believe my child should have the right to go to a dance club," said Sherry Harris, mother of a 17-year-old. "I don't want my daughter on the street."

Harris' daughter, Kirsten, said the nightclub gives teens a safe place to gather.

"It keeps us away from house parties, drugs and alcohol," Kirsten said.

Frozen 75, 4427 E. Sunset Road, which has been operating for 16 months, will not be affected by the ban because it will be grandfathered in, city spokeswoman Cindy Herman said. However, the ban does limit the club from changing ownership. If a new owner attempted to get a license for the club, it would not be awarded because of the ordinance.

Although Gibson asked that the discussion not include the current teen club because the dance hall wasn't on trial, many arguments on both sides led to whether Frozen 75 is a safe place for kids.

The club's owner, Sam Azeke, said there is great security, and no alcohol or drugs are permitted in the facility.

Clark, a forensic psychophysiologist with the Metropolitan Police Department, said he is aware of many calls to the police about the club. He said the disturbances included fighting, noise, drunken people around the club, someone urinating on a wall and people trying to steal alcohol from the liquor store next door. Clark also said he saw someone smoking marijuana in the parking lot.

"The problem I have is people ignore the truth about this business," Clark said. "We simply must protect this community and protect the kids that will use these clubs."

Schroder and Kirk had similar sentiments about protecting children, but Hafen said he thought the ban was too vague. Hafen suggested they continue the item to research the issue more.

"If we adopt this ordinance tonight, we will be in court for a long time," Hafen said.

Maggie McLetchie, a staff attorney with the ACLU, said the ordinance violates teenagers' constitutional rights and that the law is too broad.

"It goes way too far," she said. "It would bar a nonprofit from putting on a play for teens."

McLetchie said it also could mean that if too many teenagers show up for an open mic night at a coffee house, it would be against the law because the ordinance states that large groups of teenagers can't gather.

Gibson said that if a judge wants to tell the council that this ordinance is not constitutional, then let him. He added that he didn't believe that the ordinance violated the First Amendment, as McLetchie had indicated. The amendment states that citizens have the right to assemble peacefully.

"We have an obligation to act," Gibson said.

The ordinance was adopted 4-1, with Hafen voting against it.

FULL AGENDA

For the full agenda from the April 1 City Council meeting, visit the city's Web site at www.cityofhenderson.com. Click on "government," then "public meetings," then "agendas, backup and minutes" and select "city council" from a drop-down menu.

Attend a Meeting

Don't miss the Henderson Planning Commission meeting at 7 p.m. Thursday at Henderson City Hall, 240 Water St. The next City Council meeting will be at 7 p.m. April 15 at City Hall. Meetings are open to the public.