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STEUBENVILLE -- Jefferson County Common Pleas Judge Joseph Bruzzese ruled Thursday that Club 106 will remain closed for most of the next 11 months as punishment for dispensing liquor without a license.
In his order, which is appealable, Bruzzese issued a permanent injunction suspending operations at Club 106 until Aug. 19, saying the good owner Derek Smith has done in his community is overshadowed by the violence that has occurred in and around it.
At a hearing last week, Smith had testified that "his community needs a place to go and that his establishment provides that place."
"He also testified that he does not participate in any of the violence and that he has no ability to control it," Bruzzese wrote. "Indeed, videos showed (him) breaking up fights, not causing them. He testified that his establishment donates to community causes and cited at least one example of a family that could not have afforded a funeral without his donations. The premises has a substantial video camera presence and (he) has consistently provided videos to law enforcement to facilitate the prosecution of crimes that occur in his establishment. Willette Fordham testified to the good that Derek Smith does and how (he) employed her when no one else would.
"While most of that testimony is probably true, it does not amount to a license to sell liquor. That is the problem," he continued. "The violence that occurs at Club 106 is attributable more to the defendant's clientele than to the defendant himself, but it attracts attention and keeps (the club) on law enforcement radar."
The city of Steubenville had filed a nuisance complaint against Smith and Club 106 in July after a confidential informant was able to purchase alcohol there on three different occasions in July.
At a hearing last week, Steubenville Law Director Costa Mastros had produced reams of police reports detailing shots fired, assaults and other offenses at the club over the past couple years. Mastros also had shown the court videos of fights inside the club -- including one earlier this year in which a man was kicked and beaten with bar stools while he laid on the floor, using his arms to shield his head from the brutal assault.
In making his ruling, Bruzzese cited photographs of evidence seized when police raided the building June 30, including "alcohol menus" and price lists as well as instructions for paying via Cash App.
"This is long overdue," City Manager Jim Mavromatis said after the ruling was released. "I think the judge made exactly the right decision, there's been too much violence there. Clearly, it will make the people who live in that area much safer."
Smith was not represented by counsel at either hearing.