All:

I wanted to make you aware of a late hours lounge that has been
proposed for our neighborhood. I have a pdf of the liquor license
application for "Lounge 4611?" at 4611 41st Street, NW if you are
interested.

The proposed restaurant would be open until 3 AM on Friday and
Saturday and 2 AM Sunday ? Thursday. It would have DJ or live music
until closing time. We are informed, but have been unable to verify,
that the applicants are the owners of "EYEBAR" club in downtown DC,
which last week was the focus of some press because it was the scene
of the Allen Iverson incident (see "Iverson ?" article below).

As you may know, several late-closing bars in the area closed as the
result of development and/or very loud neighborhood complaints. It
would be unfortunate if these sorts of establishments reentered the
neighborhood.

There is a deadline of August 13 for filing of oppositions so time is
very short. If we are to be effective, we should get something to the
ANC in the next 2-3 days.

To register the strength of our opposition to the opening of a late
night lounge on 41st Street, it is important for individual residents
to attend the meeting of ANC 3E to be held Thursday, August 9, 2007
at 7:30 PM. The meeting is held at the Armenian Church on the corner
of 42nd Street and Fessenden. The downstairs meeting room is entered
from 42nd Street.

We expect that the ANC members will request a show of hands from the
community, and numbers are definitely important.

If you can, please plan to attend.

article:

Iverson, Bodyguard Told to Pay $260,000
1 of 2 Plaintiffs Wins in Brawl Suit
By Keith L. Alexander
Washington Post Staff Writer
Tuesday, July 10, 2007; Page B01
For someone being sued for $20 million, Allen Iverson didn't spend
very much time in court: an hour or so, just long enough to tell the
jury that he didn't see his security detail get into a brawl with two
men at a downtown Washington club.

Yesterday, after six days of trial and about 13 hours of
deliberations, a jury said the NBA star must be held accountable,
ordering that Iverson and his bodyguard pay $260,000 in damages to
one of the Maryland men roughed up in the fracas.

Iverson was not at the federal courthouse in Washington when the
verdict was delivered, and neither was the bodyguard, Jason Kane. But
jurors did give them one break: They decided against making the Denver
Nuggets guard and his beefy 6-foot-3 security escort pay a fortune in
punitive damages.

The $260,000 was awarded to Marlin Godfrey, 37, who said he suffered
an injured rotator cuff, temporary loss of hearing and broken blood
vessels in his head in the brawl early on July 20, 2005. The
defendants were ordered to pay $10,000 for Godfrey's medical expenses
and the rest to compensate him for pain and suffering. The jury
rejected claims by a second plaintiff, David A. Kittrell, also 37,
who said he suffered bruises and emotional distress. Godfrey and
Kittrell testified that they were beaten by Kane and another man,
Terrence Williams, because they didn't leave the VIP section at
Eyebar when Iverson's entourage arrived and told them to clear
out. "For me, it was never about the money," Godfrey, a Lanham-based
martial arts school owner and
instructor, said after the verdict. "It was holding them accountable
for their actions."

The suit accused Iverson, 32, of failing to supervise his security
team. The jury found that Williams, who described himself as an
Iverson acquaintance, was not employed by the basketball star. But
the panel held Iverson and Kane responsible for the trouble.
Stephanie D. Moran, one of Godfrey's attorneys, said the verdict
"sent a clear message that Allen Iverson was accountable and he could
not turn his head or say he didn't know."
The fighting occurred during Iverson's annual celebrity charity
softball weekend. Iverson, a former Georgetown Hoya, will be in
Washington this weekend for the event, which opens with a party
Friday at the Love nightclub in Northeast. Police investigated the
fight at Eyebar, in the 1700 block of I Street NW, but no charges
were filed in the case. Attorneys for Iverson and Kane said they will
appeal.

"We are tremendously displeased in the verdict," said Alan C.
Milstein, who with co-counsel Billy Martin represented Iverson and
Kane. During the trial, Milstein and Martin argued that the lawsuit
was
about nothing but money, and in his testimony, Iverson said the
plaintiffs "want to become rich overnight." Iverson testified that he
was at Eyebar for about 20 minutes and did not see the five-minute
fight erupt.
Kane, 35, testified that he shoved one of the club's security
officers when he arrived at the nightspot but denied hitting Godfrey.
Attorneys for Godfrey and Kittrell alleged that Kane struck Godfrey
with wine glasses.
The jury returned its verdict in two stages. After awarding Godfrey
the $260,000, the panel heard arguments about punitive damages. The
plaintiffs' attorneys told the jury that Iverson's annual income was
listed at $23 million. "What happened here has to be rectified," said
Gregory Lattimer, an attorney for Godfrey.
The defense urged that no more money be awarded, saying that Iverson
showed no malice and that Kane's security career was almost certainly
in peril.

In interviews after the verdict, some jurors said the decision came
down to the credibility of the witnesses.
"This whole case was based on witnesses, listening to Kane's friends
versus Godfrey's friends," said jury foreman Dave Peterson. "Whose
friends are you going to believe?"

Juror Althea Hill said the panel believed that Iverson was liable for
the fight because he hired Kane. "When you hire someone to do work
for you, you should check out all aspects and know everything there
is to know about your employee," she said. The jury said Williams,
who witnesses agreed was at the center of the fight, was only
attending a party at Eyebar and was not working for Iverson, as the
plaintiffs' attorneys had contended.

Iverson could be returning to the courthouse soon for another court
fight. Pending is a lawsuit involving a June 2004 incident at
Zanzibar on the Waterfront, another D.C. nightclub. In that case,
Gregory Broady, an information technology specialist from Maryland,
is suing Iverson and Zanzibar, alleging that someone in
Iverson's security team struck him in the head. Broady is seeking
$750,000 in damages.

Milstein said that Iverson "doesn't even remember being there" the
night of the Zanzibar fight and that Zanzibar's security was
responsible for Broady's injuries. Zanzibar attorney Andrew B.
Greenspan declined to comment on the case. A pretrial hearing is set
for Friday.
Staff writer Jenna Johnson contributed to this report.