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Ruling keeps some bars from staying open later

By: Bill Myers
Examiner Staff Writer
December 23, 2008

Bars in the District that made previous agreements with their neighborhoods will have to close at their regular time despite a City Council law allowing pubs and clubs to stay open extra late for next month’s inaugural, Attorney General Peter Nickles has decided.

Nickles’ ruling affects at least 300 bars, restaurants and clubs in the city. The owners of the bars struck deals with their neighborhoods, promising to limit their hours or to close at the time alcohol sales must cease — 2 a.m. Sunday through Thursday, 3 a.m. Fridays and Saturdays.

The deals were made before the City Council voted to extend the city’s bar hours until 4 a.m. for the week of President-elect Barack Obama’s swearing in. Uncertain how to reconcile the new law with their agreements, several bars and neighborhood activists turned to Nickles for help. He ruled Friday that the voluntary agreements are binding contracts.

That has put neighborhood leaders and bar owners in a bind.

“It’s a bit unfair,” said Swaptak Das, owner of Foggy Bottom’s Shadow Room on K Street. “In essence, we are getting punished for being good citizens and coming to a volunteer agreement.”

Shadow Room has been open for six months. Neighbors initially protested when Das applied for a liquor license, but withdrew the protests after Das agreed to close his doors for the night at the time of the city-mandated last call.

The bar stands to lose at least $120,000 by missing out on the extended hours, Das said.

“That’s just the bar revenues,” he said. “That doesn’t take into account the coat check, valet. Bartenders make about $500, $600 a night.”

Asher Corson is the advisory neighborhood commissioner for Shadow Room’s block. He said he supported Nickles’ decision but wanted to find a way to help Shadow Room.

“I don’t want the good neighbors to lose out,” Corson said. “We want the neighborhood-friendly guys to survive and feel welcome.”

That might be easier said than done: Advisory commissions around the city won’t hold their next regular meeting until after the inaugural. Corson said he was lobbying his colleagues on the commissions to hold a special session to suspend the agreement for Shadow Room and others like it.

Das said he was hopeful but not optimistic.

“I’m trying to work through the situation as best I can,” he said. “But I know I may be stuck.”

Councilman Phil Mendelson, D-at large, opposed extending the bar hours. He said the consternation over the neighborhood agreements was further vindication.

“I don’t think anybody thought this through,” he said.


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