DC9 can open its doors again on Dec. 15.
At an ABRA hearing today, city lawyer Lousie Phillips announced that the District had made an offer in compromise to the establishment,which DC9 accepted. “The owner and the District have agreed on several points,” she announced. As part of the compromise, DC9 promised to keep its staff extensively trained on security matters, and to ask them not to detain patrons. It will also obtain criminal background checks for all its employees as part of the deal, as well as sever all ties with five former employees who were initially charged in connection with the death of Ali Ahmed Mohammed.
The ABC board agreed to much of the compromise, but pushed the reopening date the attorney proposed from Dec. 6 to Dec. 15. In addition, they asked DC9 owner Joe Englert to hire MPD security, and to not rehire any of the five former DC9 employees at any of his other establishments. Englert eventually agreed.
One of the five, though, co-owner Bill Spieler will retain his stake in DC9, but won’t oversee any of the club’s operations, at least until the medical examiner issues an autopsy report on Mohammed’s death. The board is expecting to see that document by Jan. 19, and so has scheduled a status hearing on DC9 for that day.
Though board members had questions regarding whether DC9 employees would ever use force to subdue anyone in the future, DC9 lawyer Anderw Kline spoke to their concerns. Physical interaction will be reserved for only two special situations, he explained: “Defense of others and defense of self.” When asked whether employees would ever make “citizen’s arrests” as Kline suggested happened the night Mohammed was pursued by DC9 employees after breaking a window, Kline said it wouldn’t happen again: “They will not avail themselves of that statutory right.”
After the hearing, incensed supporters of Mohammed held up signs and chanted in protest to the reopening.