Downtown Norfolk business owners chaffed by city manager’s plan to crack down on bars after shooting

Rick Osentoski/FR170444 AP/AP

Hours after a shooting outside a downtown nightclub, City Manager Chip Filer called for all businesses in Norfolk’s entertainment district to prove why they should have the “privilege” of remaining open.

The reaction from business owners to the impending crackdown has been mixed — some bristled at the idea they have to prove anything, criticizing the wide net cast by his statements, while others welcome his response as a chance for a nightlife reset.

Tony Caruana, owner and chef at Italian restaurant Luce, said businesses already justified their existence to city officials when they applied for and received conditional use permits. He said business owners should pose questions to the city instead, noting the only thing that had changed during the past three years was fewer customers.

“What does the city have to keep us there?” Caruana asked.

Filer’s comments came after an Aug. 5 shooting outside Legacy Restaurant and Lounge that injured four people, including a Norfolk sheriff’s deputy. One man, Tyshawn M. Gray, was charged in the shooting, which court documents say happened after he was thrown out of the club.

Filer foreshadowed the possible imposition of a midnight cutoff for businesses as part of the city crackdown.

Caruana, whose business is open until 2 a.m. on Fridays and Saturdays, said city officials hadn’t reached out to him yet about his permit. He defended staying open late, saying customers sit for one last drink before heading home.

He hoped city officials would provide more answers for businesses soon.

“The bullying and not having an answer is the wrong answer,” he said, again referencing Filer’s comments.

Baxter Simmons, owner of Baxter’s sports bar, said he felt disrespected by the suggestion he may have to alter his business after operating for years with no issues. Downtown Norfolk was a “ghost town” 20 years ago before bars and restaurants invested hundreds of thousands of dollars to turn it into an entertainment district, he said, which then drew residents to the area.

“It is tough when you tell me I’ve been there for 18 years with no incidents that I need to come in there and tell you why I deserve to operate,” Simmons said. “It’s a bit frustrating but I understand that you can’t just pinpoint one or two businesses.”

Simmons, said he had not been contacted by the city since the shooting, so it remains to be seen how city officials will go about reviewing business practices. He said an across-the-board review of conditional use permits, even of businesses that haven’t had issues with violence, could help the city have a better idea of the security measures each has in place.

It’s a sentiment shared by Tony Brothers, owner of Brothers restaurant, which is on the same block as Legacy. Brothers said one benefit of a review of all permits in the city’s entertainment district is that it would establish a baseline of which businesses are in or out of compliance. That would ensure the city doesn’t “arbitrarily pick and choose who gets punished.”

Brothers has a permit allowing it to stay open until 2 a.m., but the owner said he closes at 10 p.m. as his business focuses on fine dining and live jazz that draw an older audience.

Simmons, whose bar is open until 2 a.m. Fridays and Saturdays, said he would be in favor of the city limiting the hours of new businesses until they can prove they know what they’re doing.

“I think it’s completely unfair to limit the hours of operations (of businesses) they haven’t had problems with,” he said.

The Legacy shooting follows a triple homicide outside Chicho’s Backstage in March and a fatal shooting inside MacArthur Center in April.

In over 20 years of operation downtown, Kevin Blair, owner of Hell’s Kitchen, said he’s seen flare ups of violence up and down Granby Street, but social media makes it seem more prevalent than it is.

“Overall, I feel the city is safe,” he said. “There are a few instances that occur every couple of months, and because of the way things are now it seems like they’re happening more often.”

He sees the city’s response as a “knee-jerk reaction.” He would rather the city make decisions about an establishment’s operating hours during the regular application process, not immediately after a shooting.

If the city does scrutinize Hell’s Kitchen, Blair said “I’ll do whatever they ask me to do and hopefully it works out for the best.”

But others see good reason to curb nightlife activity at midnight.

The Norfolk Police Department is understaffed by about 30%. Officers do not have the manpower to monitor downtown for nightlife-related problems such as drunkenness and fights, said Leila Vann, executive director of the Downtown Norfolk Civic League in an email sent Monday to members.

“Are the bar profits between midnight and 2 a.m. worth risking the lives of our citizens and our police?” Vann wrote.

In the email, Vann described another incident she witnessed the night after the Legacy shooting. She said police seized weapons and ammunition from a vehicle in the 400 block of Granby Street around 1:30 a.m.

Vann said an informal poll of league members found most were in favor of closing bars at midnight — at least until things improve.

Neil Sanders, co-owner of the Alatte Cafe coffee shop, is one such business that wouldn’t be bothered if downtown businesses closed at midnight rather than 2 a.m.

“I’ve just never seen much good come out of it after 12,” said Sanders, whose business closes midafternoon each day.

Vann said city officials already are well aware of the problematic businesses and thinks the city should start enforcement actions with them. In an interview, Vann said she sent a message directly to Filer saying, “Don’t waste your time going alphabetically — just go to the ones you know have the issues.”

“I think anybody could tell you who they are,” she said, though she declined to publicly finger point.

To those who are considering coming to downtown Norfolk on a weekend night, Vann advised coldly: “Come early, don’t stay late.”

Gavin Stone, gavin.stone@virginiamedia.com

Trevor Metcalfe, trevor.metcalfe@pilotonline.com