Judge issues order: Dream Nite Club is closed until June 8 court hearing
A judge issued a temporary restraining order this afternoon, requiring Dream Nite Club in downtown Ann Arbor to shut down until further order of the court, City Attorney Stephen Postema said.
Washtenaw County Circuit Judge Timothy Connors issued the order after the city filed a lawsuit today against the club, where three people were stabbed May 1 and a fight broke out Sunday that resulted in a man being shot in a neighboring parking lot.
The suit asks the court to declare the business a public nuisance and shut it down.
Since September 2007, the suit says, Ann Arbor police have received more than 200 calls to the club that formerly operated under the name Studio 4. The incidents have included liquor violations, disorderly conduct cases and assaults, the suit says.
The suit claims the city is "fearful that underage persons may be put in harm's way at 'teen nights' held every Thursday night" during the summer, with the first one of the year scheduled for June 16. Owners Jeffrey Mangray and his son Vickash Mangray are among those listed as defendants in the suit.
Dream Nite Club
Melanie Maxwell | AnnArbor.com
In court documents seeking the temporary restraining order, the city claims there is a clear pattern and practice of "dangerously inept management of the business." Only a court order, the city argues, can "ensure no one can be seriously injured or killed at the property" on South Fourth Avenue.
Attorney David Shand, who represents the club, said he hasn't had a chance to review the lawsuit, but the judge issued today's order without a hearing.
"I didn't even get a chance to say anything," he said. "It was signed at the desk in the judge's chambers and no testimony was taken."
The club's owners have invested hundreds of thousands of dollars in the business over the years and depend on it for their incomes, he said.
Today's court filings by the city describe a number of incidents requiring police to respond to the property in addition to the stabbing and shooting last month.
For instance, on Sept. 12, 2009, police responded to the club to control a crowd of 700 to 800 people outside the club, the lawsuit says. A line extended for more than a city block, the suit says, forcing police to shut down Fourth Avenue between Liberty and William streets for more than an hour. Police had to return more than two hours later, the suit says, to deal with the crowd again.
On Jan. 31, 2010, the suit claims, police responded to reports of large groups of people fighting in the road and parking structure adjacent to the property. The crowd was estimated at 300 people, the suit says.
And on June 2, 2010, a man pushed Jeff Mangray to the ground, the suit claims, and pulled a semi-automatic handgun on him.
The city claims in court documents that the only time in the past year-and-a-half that things have improved is when two previous lawsuits the city filed against the club were pending.
During a hearing set for June 8 in front of Washtenaw County Circuit Judge Melinda Morris, it will be up to the city to prove that the temporary restraining order should continue.
Comments
Roadman
Wed, Jun 8, 2011 : 9:03 p.m.
June 8th 2011 is now over as far as the court. What did Melinda Morris do about the restraining order?
eyesofjustice
Sun, Jun 5, 2011 : 4:47 a.m.
The first Public Nusense in 2009 was before Judge Connors he had to releave himself from the case because his daughter was a bartender at STUDIO 4, it seems strange that he would be allowed to sign the TRO..??
eyesofjustice
Mon, Jun 6, 2011 : 2:29 a.m.
I had a friend that attended Live @ Pjs this weekend the club had to close early because of fights there bottles thrown inside the club and mutiple fights including there security assaulted a partron......AAPD had to block of the street at 2am there were a estimated 300 people outside fighting and acting roudy...I wonder if Postema is going to write the establishment a Public Nusence ? There are many people willing to fill out affidadits that attended the club.....Im very intersted to see how Postema is going to respond to this situation....maybe someone (???) should report him the Michigan Bar Associtaion.....
Roadman
Mon, Jun 6, 2011 : 1:29 a.m.
Maybe the logic is that Studio 4 may be a second and separate legal entity or that his daughter no longer worked there. Timothy Connors' father was president of U-M Hospital before he took the bench and, to my knowledge, he never used his father's relationship to that entity as a basis to disqualify himself from cases invoving that hospital. But you are correct that it is rather questionable that he wold not disqualify himself now if he did before. I believe he at least should have disclosed his daughter's alleged relationship to Studio 4 if attorney Shand was not aware of it already.
Mike.Epps
Sat, Jun 4, 2011 : 2:56 p.m.
The party that was scheduled for Dream was moved to Live @ Pjs last night ....? Do they gey a Publice Nusense because they use college promoters also?
zip the cat
Fri, Jun 3, 2011 : 6:51 p.m.
Makes know difference when timothy conners or any other judge is up for re election in this county. They ALL run unopposed. So were stuck with them
Roadman
Fri, Jun 3, 2011 : 8:08 p.m.
Not in 2012 when Melinda Morris is age-barred from running for re-election and there shall be a vacancy for her seat which will draw several candidates which will necessarily also challenge Judge Timothy Connors as he will be listed on the same re-election ballot as the Morris vacancy. Connors can get booted in 2012 and People Against Corruption at <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a> will be there to oppose Connors as it did in 2006.
4 Fingers
Fri, Jun 3, 2011 : 4:06 p.m.
Lets be honest- the place is poorly managed. Other clubs/bars thrive in Ann Arbor, without ANY problems. If you don't know the nature of the business you cannot run it effectively. I don't care if its a hot dog cart or a club. They are eating up city resources faster then they can pay their taxes (Literally).
John Spieser
Fri, Jun 3, 2011 : 3:16 p.m.
Maybe if this place is going to stay open the city could provide round the clock police surveillance to insure that no one gets hurt (mainly concerned for victims of potential collateral damage). Perhaps a couple of squad cars and 4-6 trianed riot police dogs would do the trick ? Oh yea, they all lots there jobs...
Roadman
Fri, Jun 3, 2011 : 3:36 p.m.
Maybe they can hire the laid off cops as security guards.
wolverine12
Fri, Jun 3, 2011 : 2:45 p.m.
Wow until the species kill each other off, I thought Ann Arbor was a place of intelligence, I take offense to that . This agian seems to be just another plot by Ann Abor authority to keep the "Hip Hop" crowd out of downtown. I would agree that security needs to be tight inside the club to prevenjt incident, but it is not in the responsiblity of the club to held responsible for something that occurs outside in a lot that they don't own. The club must operate with more strict policy, but closing down will not be the solution, it is bad for business and it creates exclusion and furthermore contributes to the decline in diversity that the downtown area has to offer. I end with where is the due process we are all promised.
Roadman
Fri, Jun 3, 2011 : 3:45 p.m.
"....where is all the due process we are promised." Agreed.
dontcountusout
Fri, Jun 3, 2011 : 2:35 p.m.
If they've got lines down the block like that, they've pegged the market. Now all concerned need to figure out how to cope with the problems. "What's causing all the fights?" for starters.
Wolf's Bane
Fri, Jun 3, 2011 : 3:05 p.m.
Alcohol.
Chase Ingersoll
Fri, Jun 3, 2011 : 2:29 p.m.
Roadman: You are comparing apples and oranges. The Liquor commission has a different mandate/set of rules they are to enforce (specifically regarding liquor on the premises) rather than the general welfare and abate of public nuisance under the jurisdiction of a prosecutor. The fact of the matter is that criminal activity that poses a danger to the general public or impinges upon the public's use and enjoyment or the public right of way and spaces is deemed both in common law for hundreds of years and by statute the last 100 years to be a public nuisance that can be enjoined by a judge of competent jurisdiction. Further, the very places that seem to attract the criminal activity that nuisances the public have long been the subject of abatement by the authorities, or any member of the public affected as in the cases that I began filed in the 1990's. Also, I walk by this place several times as day. I avoid walking by there when it is open at night. I had clients and friends who operated bars and clubs who knew how to run them legitimately and safely. The bar/club operators where there were the sort of problems with this club - in the end the story was always that the owners and people that worked at the club were more than just "inexperience managers" or "victims of their non-discrimination", they were always INTIMATELY involved with the people that were engaged in criminal and nuisance activity on the property.
Roadman
Fri, Jun 3, 2011 : 5:52 p.m.
Mr. Epps: There may be a possible cause of action for nuisance. In fact. the City Attorney grounded his action against Dream Nite in public nuisance with the remedy of abatement. Nuisance actions may also seek damages as a remedy in certain situations.
Mike.Epps
Fri, Jun 3, 2011 : 5:34 p.m.
The Ark has a line that goes pass one city block @ least once a month ....it becomes a promblem for me getting out my office....can we file a lawsuit against them??
Roadman
Fri, Jun 3, 2011 : 3:54 p.m.
A bar owner is not responsible for criminal acts of others occurring outside its own premises as a general rule unless the act was caused by the illegal furnisng of alcohol. If criminals come in my tavern, I cannot control their behavior. The Republican controlled Michigan Supreme Court has held that a barkeeper upon noticing a fight may discharge his duty by simply calling police within a reasonable time. Barkeepers are not police officers, reasoned the high court. I would also advise you, Chase, not to raise your third finger at patrons if and when you pass by the premises; they may not be as understanding of your Free Speech rights as Congressman Dingell. That is a safety tip. LOL
Wolf's Bane
Fri, Jun 3, 2011 : 12:24 p.m.
Cute. All of you rattling on about how A2 is 'trying' to get rid of visitors really are amusing. How and why do you folks think A2 has become a such a popular destination for a out of town visitors? I'll tell you how, by being welcoming and offering first class variety in restaurants, bars, night life, cultural, and social entertainment in a beautiful environment. Forgive us, if we want to preserve this reputation by shutting down one bad apple that has proven on a number of occasions to be dangerous to visitors and locals alike. Owners Jeffrey Mangray and his son Vickash Mangray, need to be held accountable for what they brought to our city and should pay for constantly disturbing the peace and being unable to control their clientele.
Sunni
Fri, Jun 3, 2011 : 11:26 a.m.
I love it! Everybody is in an uproar on here because the Judge temporarily shut the club down until June 8th (5 days from now). If you look at the comments under the story regarding the shooting, a lot of people were saying how the club needed to be shut down before more people get hurt or someone gets killed. Now, you mean to tell me that these business owners are going to go broke from being shut down for 5 days (only one weekend included)???? Now, what if the Judge allowed them to stay open and tonight somebody was killed there. Maybe even an innocent bystander or passerby (after all, there have been guns shot into the air and the bullets have to come down somewhere). Then everybody would say, "Why didn't the Judge shut down this club?". Dream (and previously Studio 4) has a demonstrated, proven pattern of being a danger/public nuisance to our community. People have been seriously injured (stabbed, shot, assaulted, etc)....perhaps there will be an income loss to the owners or their employees...however, how much is one's life worth?? Maybe even their own......
Roadman
Fri, Jun 3, 2011 : 3:44 p.m.
In Michigan law there is no duty to have security personnel in any business establishment that sells alcohol. If persons enter a business and choose to fight a tavernkeeper has only the duty to call police within a reasonable time after discovering the melee. A circuit judge once told me she heard many lawsuits against bars over the years and juries rarely sided with an injured person who claimed the barkeeper was at fault for the injury incident. A bar owner under the Dram Shop Act can be held liable only if it serves liquor to a visibly intoxicated person causing an injury to occcur or if it furnishes alcohol to a minor under such circumstances. The bar may not be at fault here.
Roadman
Fri, Jun 3, 2011 : 6:33 a.m.
Check the <a href="http://www.ewashtenaw.gov" rel='nofollow'>www.ewashtenaw.gov</a> website and specifically the County Clerk section and the campaign finance section. There are two dissolved political action committtees - the "Independent Committee to Dump (Timothy) Connors" and the "Committee to Unseat Judge Connors" The filings for these two committees which are downloadable at that site give some valuable insight regarding their observations and activities. The former committee was founded by the late Joseph Dithazy, Jr., a former Army Intelligence officer and Cornell University graduate who served as a police chief at one point in his long career; he was active in the Reform and Green Party organizations in Michigan The latter was founded by a Novi resident working in Ann Arbor who is a computer scientist who went on to register the People Against Corruption political action committee that supported Harvard Law School graduate Patricia Gravel-Henkel in her attempt to unseat Connors in 2006. People Against Corruption is expected to seek to unseat Judge Connors in 2012.
Roadman
Fri, Jun 3, 2011 : 5:08 a.m.
I can think of very few cases in the history of American jurisprudence where it has been considered proper and legal for a government attorney to walk into a judge's office and receive an order essentially shutting down an operating business without any meaningful prior hearing in which the opposing side had an opportunity to be heard. Especially so where the opposing party's counsel was already in court to argue its side. One situation is where the USDA has credible information that a meat distributor has been inspected and diseased meat is found that warrants an immediate quarantine for the public safety. Another situation is where thee is credible information that a business is involved in some extraordinary ongoing fraud or securities violations and the mere notice of pendency of legal action to the opposing side may precipitate irrreparable harm to the public - for example a well-founded fear investors' monies may be wire-transferred out of the country and beyond the jurisdiction of U.S. courts. Michigan law provides where such harsh judicial action occurs without a full hearing on the merits the opposing side is entitled to an order for bond or other reasonable security to protect it from possible harm in the event the factual basis of the restraining order or injunction is later deemed to be meritless or good cause explained why no security requirement should exist. This story is silent as to whether any security was posted by the city in the event the city loses its case and the bar suffers huge financial losses due to its inability to operate and pay rent obligations and its supplier accounts..
2WheelsGood
Fri, Jun 3, 2011 : 2:05 a.m.
Why is everyone assuming "no due process"? It's a TEMPORARY restraining order. Murderers get locked up pending trials. does that mean they don't get due process?
Chase Ingersoll
Fri, Jun 3, 2011 : 12:59 a.m.
I haven't read the ETRO (emergency temporary restraining order) but this is a pretty common response by county and city prosecutors around the country. As crazy at it may sound, the people who were involved with the guns last week are perfectly likely to show up the following week at the same time, same place and start the same thing with the same people all over again. That there is anyone out there with such a short memory or so out of the media loop, as to show up at this place again, may leave a number of us scratching our heads, but there are such species who enjoy such sport and prosecutors and judges prefer to practice the power of their gavel, orders and law enforcement, rather than just letting the Law of Darwin take it's course and let this species kill each other off. At the hearing before Judge Morris, the bar owners are going to complain that they are being deprived of their property and that they are the victims of a criminal act because they follow the law and don't discriminate against anyone that has an I.D. and a $5 dollar cover charge. The City will counter that it is the way in which they manage the crowd and that they don't have enough bouncers. It should be an interesting hearing and whatever standard Judge Morris uses and evidence she finds to close the place down, or at least require that they hire more bouncers, etc, could probably be used to enjoin the entire City of Detroit. Also, I find it interesting that the club's attorney claims that the owners are making a living off of the place. People who manage a place so dangerously.....where'd they get half a million to set up the place.....do you think the people that are showing up there are maybe smoking crack.....is anyone else reading between the lines?
Roadman
Fri, Jun 3, 2011 : 12:16 a.m.
"I didn't even get a chance to say anything," he said. "It was signed at the desk in the judge's chambers and no testimony was taken" Judge Timothy P. Connors has a history of Court of Appeals reversals and issuing orders in a questionable manner. See the website at <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a> Judge Connors is up for re-election in 2012.
Roadman
Fri, Jun 3, 2011 : 1:25 a.m.
I beg to differ, Chase. This is a business licensed by the Liquor Control Commission. The L.C.C. has not deemed it such a clear cut case to shut it down without meaningful hearing, nor is there any attempt that I am aware of to revoke its liquor license. Presumably many employees derive their livelihood from this location. There are serious questions whether this latest incidnent was even on bar property. The City Attorney has a right to have his claims heard and I am glad he is bringing this action but the Due Process Clause in my opinion requires a hearing that is meaningful prior to closure.
Chase Ingersoll
Fri, Jun 3, 2011 : 1:05 a.m.
The evidence upon which the Judge would have issued the order, would have been an affidavit attached to the complaint and copies of the call log reports and police reports. Very common. The club owners are then served with the verified complaint and the TRO, along with notice of the hearing scheduled within 7 days to determine if the TRO should be extended, modified or allowed to expire. In the scope of all of the rights of perfectly legitimate law abiding businesses out there that have late night patrons that are not shooting at each other, an Emergency TRO without prior notice to these club owners is probably a good thing. Otherwise they could....and I saw this in other cases....just play the game of dodging summons.
Mike.Epps
Fri, Jun 3, 2011 : 12:30 a.m.
Wow @ Rodman thanks for the info on A2buzz.org ....Why is this Judge Conners still allowed to hear cases in the great City Of Ann Arbor its shown time and time again he is not the right person to be protecting the intrest of the people of Washtenaw County, we as the people need to start a potision to have Judge Timothy P. Connors removed from our court system!!!!
eyesofjustice
Fri, Jun 3, 2011 : 12:12 a.m.
The city attorney has already once made Ann Arbor the laughing stock of the nation, by filing suit against an elderly lady's dog as a public nuiscance per CNN news last year. Now, he & Judge Connors rapes the justice system by disallowing the defendant to present it's side of the story. Some kind of sanctions should be filed against Judge Connors for his ruling. It's a sad day we live in when due process is violated.
stephenjendo
Thu, Jun 2, 2011 : 11:56 p.m.
Where is our justice system going???? Is the city of Ann Arbor a dictatorship or a monarchy???? It sounds like Dictator Postema & Emperor Connors are making a farce of the American judicial system. If things keep going this way in the city of Ann Arbor, then the next step would be the use of a firing squad to elminate all the "out of towners," from coming into Ann Arbor.
Roadman
Fri, Jun 3, 2011 : 8:18 p.m.
Don't worry, Judge Morris will modify or rescind the ludicrous order of Tim Connors - even though she was a hefty donor to Judge Connors' wife's campaign when she ran for District Court in 2008 and did not make the primary cut despite help from all five circuit judges.
Mike.Epps
Thu, Jun 2, 2011 : 11:43 p.m.
How does Judge Connors not here the case? .......consperacy @ City Hall?
Roadman
Fri, Jun 3, 2011 : 8:13 p.m.
I am sure City Attorney Steve Postema got a big pat on the back for his "victory". It is this "magic" that earns his pay as the highest paid city attorney employed in the State of Michigan.
quetzalcoatl
Thu, Jun 2, 2011 : 11:29 p.m.
Anyone know if there is a cover charge at this place?
dayo13
Thu, Jun 2, 2011 : 10:50 p.m.
Regardless whether or not this club should close, everyone has the right to due process. By not even allowing the club's spokesman to speak in court shows an absolute violation of due process. That should be of concern to everyone. I agree closing the club until the hearing on June 8th is a great idea but you have to allow a defendant the right to speak at the hearing. The judge abused her authority by not letting the defendant speak.
Mike.Epps
Thu, Jun 2, 2011 : 11:29 p.m.
How could the Judge (who I hear is Connors) not here the side of the defendants? @Lee Higgins could you be more specific in the details of the court room hearing? To me this sounds like a plained outcome against the defendants! This is the United States Of America how can someone be prooved guilty without a chance to speak......the attorneys of the club should file in Federal Court A.S.A.P.......there never going to get a fair shake @ city hall
Mike.Epps
Thu, Jun 2, 2011 : 11:15 p.m.
......that was not a smart move on the judges behalf.....I guess it's true there really is only one side to the story in this case!
fight hunger
Thu, Jun 2, 2011 : 10:24 p.m.
i just love when the judge dose his job thank u lord
Les Gov
Thu, Jun 2, 2011 : 10:08 p.m.
well....based on past court cases....Melinda Morris will lift the order. This is one business that needs to be closed.
Roadman
Fri, Jun 3, 2011 : 1:53 a.m.
I believe she should lift the order but require the bar to take remedial measures to protect the public such as additiional security measures pending a full hearing on the merits of the City Attorney suit. Connors' actions were asinine.