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Thursday, July 09, 2009

Is St. Paul nightclub too noisy? A ruling says Club Cancun is not

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posted by Bob at Thursday, July 09, 2009

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Judge decides Club Cancun fine should be voided
By Tad Vezner
tvezner@pioneerpress.com
Updated: 07/08/2009 11:23:31 PM CDT


A state administrative judge has found in favor of a St. Paul club with a history of friction with the city, saying the club's owner has done what he should to tone down the noise there.

For years, Club Cancun at 1638 Rice St. garnered a rowdy reputation, with frequent fights, noise complaints and allegations of underage drinking. But after several changes in management, a brief change of ownership and off-duty police hired for security, the North End bar reportedly has quieted somewhat in recent years.

However, Administrative Law Judge Kevin Snell went a step further late last month. In a recommendation to the city council following a hearing requested by club owner Richard DeFoe, Snell said DeFoe "is sincere about addressing any noise issues concerning Club Cancun and being a good neighbor to the surrounding neighborhood."

"The weight of the evidence suggests that the 'neighborhood' has not been disturbed by noise from Club Cancun," the judge added.

The hearing was to determine whether a $1,000 fine for a Feb. 14 noise violation was appropriate. Snell concluded that the city had not met its burden of proof in fining DeFoe, who according to court documents has owned the club since 1997, except for a period between 2007 and 2008.

DeFoe could not be reached for comment Wednesday. The city attorney handling the case also did not immediately return a call Wednesday evening.

The judge noted that DeFoe hired a "sound mitigation expert," twice reduced the size of speakers at the club, rebuilt two walls with soundproof channels and didn't let bands use drums when performing.
The last move by DeFoe prompted some Asian musicians to accuse the owner of racism, saying "he (DeFoe) did not like their music."

Since the club reopened in January after a one-year change of ownership and a series of noise complaints, police were instructed to keep an eye on it, according to Snell's findings.

The club is at a busy commercial intersection but with several homes, town houses and an apartment complex within a few blocks.

One neighbor, in particular, was mentioned repeatedly in the judge's findings as complaining about the club again and again. The judge noted: "The evidence in this case establishes that (the city) relied entirely on the complaint of a single individual."

Police investigated at least four complaints by the person in the days before the Feb. 14 violation and found them to be unfounded. No other complaints were verified by the city for that day.

The club's head of security testified that a police officer told him the person complaining was "nuts," and that police were "sick of going over there," though the officer said he could not recall saying that. The judge said the club personnel's testimony was "more credible" than the officer's, which the judge called "equivocal."

"The only reason he wrote up a report was because he was ordered to do so by his superior officer," the judge wrote.

The report is not a final ruling: The city council will vote next Wednesday after a public hearing on whether to abide by the judge's recommendations.

Council Member Lee Helgen, whose ward includes Club Cancun, said he knew "it was a hard case to prove" and a fine would be hard to impose, but added that "it doesn't mean there wasn't a noise emanating that wasn't causing problems for individuals."

"I'm not really surprised by the ruling," Helgen said, "but I think the important thing is we've been working very aggressively on the issues, and the incidents that were happening up there aren't happening now.

"He (DeFoe) didn't voluntarily do this (address sound issues). We've been very aggressively dealing with the problem (of noise complaints), and he has responded. He has been pushed really hard to deal with the problem."

Tad Vezner can be reached at 651-228-5461.

9:21 AM  

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