Evidence Presented in Club 106 Case in Steubenville
Linda Harris Trending
Jefferson Common Pleas Judge Joseph Bruzzese told Club 106 owner Derek Smith Friday that while he agrees he can't be held accountable for violence that's taken place inside the club, that has nothing to do with whether he's been illegally dispensing alcohol there.
The city of Steubenville filed a nuisance complaint against Smith and Club 106 three months ago after a confidential informant allegedly was able to purchase alcohol there on three different occasions in July. The city is seeking an injunction that would close the club permanently.
Law Director Costa Mastros introduced a stack of police reports detailing a number of incidents involving shots fired, assaults and other offenses at the club during the past couple years. He also played for Bruzzese several videos of fights inside the club -- including one from earlier this year in which a man was kicked and beaten with bar stools while he was on the floor, using his arms to shield his head. Another man suffered severe facial injuries during that same fight and had to be flown to a Pittsburgh hospital for treatment.
Smith appealed to Bruzzese to consider "the other side" of the story.
"There's another side than what the city presented, there's more to the story," he said. "I ask you to take it into consideration."
Smith, who represented himself during the hearing, insisted his club, located at Sixth and South streets, is important to the community, not just as a gathering place but for the assistance he's been able to give to those in need. Calling himself as a witness. Smith told Bruzzese he's not complicit in any of the violence that's taken place inside the club and, in fact, has done his best to "try to stop it."
Mastros declined to question Smith, pointing out he has a criminal action pending in Steubenville Municipal Court and questioning Smith in connection with the nuisance action might be construed as a breach of his rights.
Before ending the hearing, Bruzzese told Smith he isn't entirely unsympathetic.
"But that's not the issue," Bruzzese said. "The issue is alcohol being sold without a license."
Bruzzese told Smith he would "take it under advisement and go from there."
Smith told the judge his lack of license "can be rectified."
"That's the problem," Bruzzese replied. "You've tried to rectify that before."