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Fate of American Legion Post 89 Up to Wheeling City Council

Opinions Differ on?Who Is to Blame for Violence

Photos by Scott McCloskey Concerned residents pack Wheeling City Council Chambers last week for a public hearing regarding the future of American Legion Post 89.

WHEELING — Fifteenth Street resident David Humes hopes Wheeling City Council closes American Legion Post 89 because he said there is so much “racket and commotion” at the establishment throughout a typical night that he can’t sleep.

Fellow East Wheeling residents Dolridge Harrison, Rudy Galberth and Robert Horton acknowledge there are problems at the club, but they hope it can remain open long enough to give the new management team a chance to improve the situation.

“I fault the people who aren’t from around here, the people from Cleveland,” Galberth said. “They’re the ones bringing the chaos down here.”

“It’s not the Legion’s fault,” Harrison added. “They just need to try to control who they let in there.”

During a public hearing before council last week, City Manager Robert Herron and Police Chief Shawn Schwertfeger made their case for why they want council members to declare the Legion, at the corner of 15th and Jacob streets, a public nuisance. If this occurs, the Legion, whose membership consists of black U.S. military veterans, will close.

“I doubt we take any action on this at our March 7 meeting,” Mayor Glenn Elliott said. “I would really like to meet with the individuals who are going to take charge of the place to see what type of plan they have to address these problems.”

However, Elliott made it clear that he believes some action must be taken.

“I will not tolerate continued violence that endangers our residents,” he said.

While speaking Tuesday, Herron handed out copies of a photo showing convicted murderer Dallas Michael Acoff shooting a pistol from the stoop of the American Legion in October 2015. Additionally, Schwertfeger’s report to council about the area includes shootings, malicious assaults, robberies, prostitution, fighting and drug dealing, some of which he said can be connected to the Legion.

During the hearing, Post 89 Commander Ralph Edwards said a remediation plan to prevent the bar’s closure would include:

– closing earlier than the current time of 3-4 a.m.;

– employing a new manager;

– restricting admission to members or their guests;

– installing a large sign stating “Under New Management”; and

– strictly enforcing a list of those who are not permitted to enter.

According to City Solicitor Rosemary Humway-Warmuth, council can now act to declare the bar a public nuisance to close it, or can vote to allow it to remain open with certain conditions. Humes hopes to see the establishment shut down.

“I’ve lived here for four years. That bar needs to be closed,” Humes said. “It is nothing but prostitutes, pimps and druggies. … People just yelling and screaming all night long. It’s all a bunch of racket and commotion,” he added.

However, Horton does not believe it would be fair to close the bar.

“It’s out-of-town people shooting at out-of-town people,” he said. “They bring their problems here.”

Directly across 15th Street from the legion is the Youth Services System Inc. building. Cody Lamotte, a YSS employee, said she did not believe the Legion should be declared a nuisance.

“I’ve attended dinners there,” she said.

In 2007, the city declared the former Batting Cage Pub & Eatery along W.Va. 2 in Warwood as a public nuisance, despite numerous patrons speaking on behalf of the business at the hearing.

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