A tough call

As much as the city would like to close a downtown drinking establishment, issues of fairness still must be considered.

Last Call is a tough call. Here is a business that most Lawrence residents would agree downtown would be better off without. Shots were fired inside the club at 729 N.H., in May 2006 and a number of illegal weapons have been found in vehicles in parking lots near the club.

The safety of downtown Lawrence is a legitimate concern of the Lawrence City Commission, which has decided that getting rid of Last Call is a step in the right direction. To that end, commissioners have asked the Kansas Division of Alcohol Beverage Control for a hearing at which they plan to oppose the renewal of Last Call’s liquor license, which is set to expire in November. The ABC director has some discretion in denying licenses to establishments that are seen as creating a nuisance in the community.

Dennis Steffes, the owner of Last Call, has vowed to fight the city’s intervention concerning his liquor license and suggests that he is being targeted because of his opposition to the city ordinance that prohibits smoking in most public places. His anger is understandable, but it certainly is hoped that the city’s action has nothing to do with the smoking ordinance.

There are, however, several other questions concerning this case. For instance, how much responsibility does a business owner have for the actions of people in the public areas surrounding his business? Steffes says that security inside his club is strict, and with the exception of the May 2006 incident, most complaints have focused on activity in public parking lots and streets near the club, which arguably are the responsibility of local law enforcement.

Last Call also isn’t the only drinking establishment that has been linked to illegal activity. The city isn’t seeking to block the license of the Granada, even though a man was shot and killed outside that club after a concert in February 2006.

The hip-hop musical groups that play at Last Call have been blamed for attracting unsavory crowds to downtown. Who determines what type of music draws the right kind of crowd? If another venue in town starts featuring hip-hop artists, will the problem just move to another location? What if rowdy crowds start to frequent a local jazz club?

As noted above, it’s a tough call. It’s understandable that Lawrence city commissioners just want this problem to go away and getting rid of Last Call may seem like the way to make that happen. But, like all local business operators, Steffes has rights. Should he lose his business because of actions people take after they leave his property?

The city certainly would be within its rights to saturate the area around Last Call with police when trouble seems likely. The police presence might even discourage some unsavory patrons from coming back. If that cuts into Last Call’s profits or even causes it to close, so be it, but unless the city plans to target other business licenses based on the actions of their presumed patrons on nearby public property, city officials seem to be leaving themselves open to charges of selective enforcement when it comes to Last Call.