Pubdate: Thu, 26 Mar 1998 Source: Seattle Times (WA) Contact: http://www.seattletimes.com/ Author: Norm Stamper and Mark Sidran Special to The Times Note: Norm Stamper is Seattle police chief. Mark Sidran is Seattle city attorney. `AMERICAN DREAM' RUINED BY TAVERN OWNER, NOT POLICE MICHELLE Malkin's recent column regarding the City's drug-abatement action to close Oscar's II Tavern ("City officials are ruining family's American Dream," March 17) presents a moving portrait of a business owner struggling against a plague of crime and drugs who, despite his best efforts, is nonetheless shut down by the City, leaving him wondering "Why?" Any fair-minded, thoughtful review of the evidence would provide a simple answer: After years of drug trafficking and related crime at Oscar's and many efforts by the police and the community to stop it and help the owner establish control, he did not do all he could and should have and the drug trafficking and violence continued. A fundamental premise of our laws is that property owners are responsible for the consequences of what they permit on their property. When a business breeds crime and the crime harms the neighbors and threatens public safety, it is not just the owner's efforts that count, it is results. And contrary to Malkin's view, there is overwhelming evidence that both the efforts by Oscar McCoy and the results fell far short of what the community has a right to expect from any business. In the past five years, Oscar's has generated 324 calls to 911 for everything from drugs to shootings. The police have repeatedly offered suggestions to the owner on prevention strategies, including a two-page, 15-step "drug elimination plan" (DEP) provided in 1994. Did the owner follow through on these suggestions? Listen to what the State Liquor Control Board had to say following a hearing to suspend Oscar's liquor license in 1997: "Mr. McCoy failed to make a serious effort to comply with the DEP. He did comply with some of the steps . . . but failed to follow through with many portions of the plan." The Board found he did not install a video surveillance camera (even an inexpensive "dummy" camera would have complied with the directive). He did not lock the restrooms and allow only one person in at a time. He did not remove the pay phone. He did not charge a re-admittance cover charge or prohibit "in-and-out" privileges if customers left. He did not install an alarmed "exit only" on the back door to control coming and going. All these steps help make drug trafficking more difficult, but as Mr. McCoy testified, he didn't follow through because he started to lose money when he did. Malkin states not a single arrest resulted from 18 "controlled drug buys" set up by police using "shady informants." The purpose of such buys is to gather intelligence, not to make arrests (which would "blow" the informant's cover). The Police Department also takes steps to assure the reliability of informants. More importantly, there were 11 felony drug arrests at Oscar's between 1995 and 1997. The drug dealing inside Oscar's was open and obvious, including evidence that the bartender made change for buyers and sellers. Responding to the owner's claim that he had no knowledge of the drug dealing, the Liquor Board found, "This denial is simply not credible." When the Liquor Board closed Oscar's because of the drug dealing and then allowed it to reopen 30 days later, the drug dealing immediately resumed even though Mr. McCoy had been told by both the police and liquor agents that his door person and bartender were suspected of being involved. The Board found that Mr. McCoy "did nothing to investigate the situation" and his liquor license was again suspended. Malkin suggests that McCoy "diligently" followed suggestions regarding improving security, including hiring guards and using metal detectors. But the "guards" were untrained, the "head of security" had a long string of felony convictions and the metal detectors went largely unused. The Liquor Board found, "(S)ecurity does not make a good faith effort to check customers for weapons," and generally did a "poor job." So poor, in fact, that on Aug. 9, 1997, three men were shot inside the bathroom at Oscar's, the bathroom McCoy declined to lock and limit to one person at a time. At least two guns were recovered. The Liquor Board found, "Based upon numerous observations of inadequate security procedure, it is more likely than not that the weapons gained entry due to the negligence of security staff." The Liquor Board concluded that, "All of the . . . facts led to the conclusion that Mr. McCoy was in fact `looking the other way' at criminal activity, and knowingly allowing narcotics activity at Oscar's II." This Liquor Board action was not initiated by the Seattle Police nor did the City Attorney's Office participate in it. But based very much on the same evidence and concerns that motivated the Liquor Board to suspend Oscar's liquor license, we began a drug abatement in court to close the business. We are committed to doing all that we can to help responsible, well-intentioned business people succeed in preventing crime in and around their premises. Abatement is a drastic measure that is considered as a last resort when sincere and concerted efforts to solve a problem are ignored or otherwise do not succeed. The police have an important role to play, but cannot do it alone. Certainly, our job should not be made harder by irresponsible business owners, nor should we allow limited police resources to be excessively consumed by those who are contributing to the problem instead of helping to solve it.