Saugus’ Tabu case continued again, lawyers to work out details

SAUGUS – For the second time the Board of Selectmen indirectly gave Tabu Ultra Lounge and Nightclub exactly what it wanted – a break.The board voted to continue Tabu’s show cause hearing for two weeks while the lawyers for each side work out some legal details. The vote came about 12 hours after a Salem Superior Court Judge denied Tabu’s attorney Frank Russell an injunction to stop the hearing. Russell headed to court after Selectman Stephen Castinetti, who is overseeing the hearing, refused to grant Tabu a continuance two weeks ago. Mother Nature stepped in that night with a snowstorm that postponed the hearing to Tuesday.The board spent nearly 90 minutes listening to its special counsel, Ira Zaleznik debate Russell over the merits of his motions, five altogether, that essentially sought to dismiss the show cause hearing, which was called due to a number of violent incidents that have taken place at the club over the last year.Russell argued that four of the incidents took place prior to his clients owning the club and therefore should not be included. He also argued three other motions, each of which sought to dismiss a variety if not all the incidents named in the hearing.Castinetti denied each motion on Zaleznik’s recommendation, but Russell wasn’t done.”I have one more pitch,” he said.Twenty-three of the 24 incidents the town cited in the hearing notice allegedly took place in the parking lot. Russell said legally the town has no authority to suspend the club’s liquor license based on incidents that happened in the parking lot.”You are only entitled to take action against incidents that happened in or on the licensed premises,” he argued. “There are court cases to substantiate this.”Zaleznik did not agree with Russell’s interpretation of the law because he said it becomes an issue of public safety for both the patrons and employees of the club.While the board attempted to take up the hearing Russell said they first might want to consider an executive session to discuss ways the club could make the parking lot safer. He said it could shorten the hearing altogether.Initially the board looked as if it would decline but Russell prevailed.”If we go through a couple of nights and I turn out to be right,” he said, indicating he might take his argument to court, “You may not have a chance to hear what my clients are willing to do.”The board spent 40 minutes in an executive session only to come out and vote to continue the hearing to March 3 at 7 p.m. so the counselors could determine whether any of Russell’s motions hold any legal weight.