Lois Russo, who has lived near Club Diesel for a year and a half, voiced her concerns about noise disturbances and safety issues at the latest hearing on the Providence nightclub's fate April 5.
The public hearings before the Board of Licenses, which began March 15, have centered on numerous alleged crimes the city has linked to the Providence nightclub's entertainment and liquor licenses. Club Diesel, located at 79 Washington St., shares its licenses with Lupo's Heartbreak Hotel, a popular live music venue.
Almost a month after Kevin McHugh, a prosecutor for the city, first began his case against Club Diesel, there is still no end in sight.
The city has sought to classify Club Diesel as a "disorderly house," citing a Rhode Island law that prohibits venues that "annoy and disturb the persons inhabiting or residing in the neighborhood" and also "permits any of the laws of the state to be violated in the neighborhood."
If the board classifies Club Diesel as a "disorderly house," punishments could range from a monetary fine to a complete revocation of the licenses.
Russo's testimony centered on complaints of "shouting, laughing, screaming, breaking of bottles against brick, and jumping on cars to set off car alarms," which she claimed woke her up between 1:45 a.m. and 2:15 a.m.
She also said she has been "accosted" and "propositioned" two or three times by people standing outside of Club Diesel between 11:30 p.m. and midnight during her walk home along Washington Street from her parking garage, which is located a block from the nightclub. "It concerned me. It scared me. It made me very uncomfortable," she said.
But lawyers for Club Diesel's owner, Michael Kent, objected, saying Russo and other neighbors have no way to know whether specific disturbances are caused by Club Diesel patrons.
In previous hearings Club Diesel's lawyers have displayed maps showing 26 other bars, clubs and restaurants located within 300 feet of Club Diesel. Their case partially rests on the fact that there are many establishments in the area that cause disturbances and the argument that Club Diesel has been unfairly targeted because of its larger capacity.
Russo said she assumed her encounters were with Club Diesel patrons based on the direction they were walking, adding that she has never noticed a crowd outside of other establishments.
McHugh said that the Providence Police Department has responded to 332 calls from the club in the past three years. A number of police officers who have helped to break up fights at Club Diesel have been called to testify, according to the Providence Journal. But Kent said the city has not given his lawyers records of those calls, according to the Journal.
Kent could not be reached for comment.
Because of the club's large capacity - 1,200 patrons - some of the security issues could be solved by "having more bodies" to enforce security, whether private security or off-duty police officers, said Deputy Police Chief Paul Kennedy.
Disputes over access to evidence, as well as the slow pace of the hearings, led to frayed tempers at the April 5 hearing.
During the hearing, McHugh accused Kent's lawyers, Edward John Mulligan and Dennis McMahon, of intentionally slowing the process so that "their client's club can remain open."
He pointed out that the hearings were "costing the city a lot of money" and called postponing the next hearing until April 18 an unfair delaying tactic.
Mulligan and McMahon responded that their client has the right to representation and therefore deserves their consultation, adding that they are unavailable until then.
Board Chairman Andrew Annaldo eventually agreed to postpone the hearings.
During witness testimony last Wednesday, McHugh again accused Kent's lawyers of attempting to slow down the hearing with their continuous stream of objections.
Though the hearings do not directly target Lupo's, owner Richard Lupo says that if Club Diesel's licenses are revoked, it will be tantamount to shutting down his establishment.
Previously on Westminster Street, Lupo's relocated to Washington Street to make room for a residential redevelopment project, but Lupo said he will not move again.
McHugh estimated that he needs at least two to three more hearings to present the prosecution's case. It is not yet clear how many hearings the defense will take to respond to the charges.
But that may not end the process. "If there is a decision made against Diesel, there will be an appeal," Lupo said.
He estimated the entire process could stretch out over the next year.
The next hearing is scheduled for Tuesday, April 18 at 1 p.m. in City Hall at 25 Dorrance St.
