NEWS______________

Is There Racial Profiling In San Jose ...
Council Says No ..

Council passes nightclub statute
By Rodney Foo Mercury News

A controversial ordinance to allow San Jose's police chief to immediately yank the licenses of ``problem'' nightclubs was passed unanimously Tuesday by the city council over the objections of civil rights activists and business owners.

In heated testimony to the council before the vote, two members of San Jose's NAACP branch intimated the new law will be used to shut downtown clubs that are popular among young African-Americans. Their comments came on the heels of allegations Monday by the branch's president that officers downtown have been systematically questioning and searching blacks without cause.

Several owners of bars and clubs testified that the ordinance, which goes into effect immediately for 90 days, was too vague and was drawn up without their knowledge and without soliciting public opinion.

``We urge you not to penalize good operators with a bad law,'' said David Powell, who owns three downtown bars.

But Councilwoman Cindy Chavez, whose district includes downtown, said she sought the temporary measure to give the council time to draft a more comprehensive ordinance in the next 90 days while giving Police Chief Rob Davis another tool to improve downtown safety for residents, workers, and visitors in the meantime. Chavez is running for mayor.

The ordinance is an outgrowth of an early morning Oct. 22 shooting in a parking lot near a San Pedro Street hip-hop club, the Ambassador Lounge, recently renamed the B-Hive, in which three people were wounded. A number of property owners complained to police and city officials and demanded tighter restrictions to rein in problematic entertainment venues.

The shooting, which police fear could lead to reprisals, was paramount in the minds of many council members.

``If we did nothing,'' said Councilman Forrest Williams, ``we'd be subjected to have even more shootings.''

After the meeting, Police Chief Davis said the law would be used ``very, very judiciously,'' and that its mere existence on the books would probably make recalcitrant club owners more likely to cooperate.

The ordinance lets the chief immediately suspend or revoke a bar's or club's permits or licenses when public safety is at risk. It increases the duration businesses can be shutdown and also lengthens the time to schedule an appeal of the police action.

A few of the dozen people who testified before the council, like downtown resident Jack Van Zandt, supported Chavez's proposal. Downtown on Friday and Saturday nights has become too noisy and crime-ridden, said Van Zandt, who described it as ``hell on earth.''

Attorney Tony Boskovich, who represents the Ambassador Lounge owner, Menassa Abinadar, said the law was aimed solely at his client's club. He took on Davis, who moments before had pointed out that some musical ``formats'' like jazz clubs, seldom cause trouble.

``Folks,'' Boskovich said to the council, ``that's code: We don't want black people downtown.''

``You are giving power to the chief of police, absolute power, to shut down a business for 30 days,'' Boskovich said. ``You are invoking the equivalent of martial law.''

Walter Wilson, former vice president for the California NAACP, accused the department of racial profiling, saying he had witnessed and possessed pictures of police handcuffing innocent black men downtown during searches. Later, Davis said he would meet with Wilson.

``Too often,'' said local NAACP board member the Rev. Jeff Moore, of Emmanuel Baptist Church, ``the kids are harassed and frightened and scared.''

Davis reiterated that the department had not received any complaints about racial profiling.

``We do not single out any group because of their race, because of their ethnicity, because of their cultural background,'' the chief said. ``It's not in our makeup anymore at SJPD.''

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