The Westfield License Commission voted to send a letter of reprimand to the owner of the Fired Up bar after conducting a review of an altercation, witnessed by a police officer, which occurred at closing time on the sidewalk in front of the establishment. (File photo by Frederick Gore)
WESTFIELD – The License Commission voted to send a letter of reprimand to the owner of the Fired Up bar after conducting a review of an altercation, witnessed by a police officer, which occurred at closing time on the sidewalk in front of the establishment.
The commission members reminded Gary Schneider that public safety is a major concern of the board and that his responsibility extends to the sidewalk in front of his business, especially at closing time when patrons are more inclined to congregate.
According to the police records, a patrol officer parked across the street to monitor traffic observed a gathering of 10 to 15 people at 1:56 a.m., then observed two people on the ground fighting.
The officer called for assistance and went to break up the altercation. A woman was on top of a male, pounding him with her closed fists and refused to stop until the officer physically pulled her over the male.
The woman was subsequently charged with being a disorderly person and with simple assault and battery and transported to the police station for booking. During the property inventory of the booking process, a plastic bag with a small amount of white powder, later identified as cocaine, was also found in her possession. The booking officer also noted that the woman was highly intoxicated, unsteady on her feet, with glassy eyes and slurred speech.
Investigating officers spoke with witnesses and employees of the bar who said the incident began inside the establishment.
Schneider said the confrontation between the victim and several women began inside the bar before the male victim of the assault was asked to leave about a hour before closing. Schneider said the male returned at closing and was verbally accosting a diminutive female when the suspect interceded and told him to leave the woman alone.
The victim then precipitated the incident by throwing the suspect against the wall of the building. Schneider said that he when he came out to see what was happening he observed what he thought was a dead squirrel on the sidewalk, which in fact was a large clump pulled from the suspect’s hair. The suspect responded in self defense to that attack, Schneider said.
“She was justified and he got everything he deserved,” Schneider said. “She should never have been arrested. The officer only saw her punching the man, but did not see him throwing her against the wall.”
Schneider said the staff typically starts well before the 2 a.m. closing time to move patrons out of the bar and that when the incident observed by a police officer happened the doors were shut and locked.
“The business was closed, everyone was leaving,” Schneider said. “I don’t know what you want me to do. How long do you want us to patrol the sidewalk in front of the building. There was a police officer right across the street. Why didn’t he tell people to move along?”
Commissioner Christopher Mowatt advised Schneider to “figure it out” or face the board again if incidents occur in the future.
“It’s in the best interest of your business to protect the public, to make sure the crowd is dispersed, to make sure you have restored peace,” he said. “It is the responsibility of the licensee for patrons outside the establishment.”
“Shutting and locking the door does not absolve you of that responsibility,” Mowatt said. “I think this does indicate that things are getting a little sloppy.”
Commissioner Edward Diaz said the board is responsible for regulating alcohol licenses to benefit the community.
“Our job is to protect the public,” Diaz said. “Bar owners and managers are responsible for what happens inside and outside of their establishment.”
Diaz quoted the board’s regulations that require all staff members to be trained to “disperse loiterers congregated in front of a licensed premise” especially at closing when people who were attracted to that area by the bar are outside in numbers.
“This is a strong reminder to the licensee to open his eyes to his responsibility inside and outside the establishment,” Mowatt said.
