Tabu attorney denied in bid to halt Saugus hearing

SAUGUS – Tabu Nightclub Attorney Frank Russell headed into court early Tuesday in an attempt to stay out of a show cause hearing scheduled for the same evening but was thwarted when a judge sided with the town.The Board of Selectmen voted last month to restart a show cause hearing on Tabu due to a number of violent incidents that have taken place allegedly inside and outside the club over the last year. The initial hearing began in October but was continued on the recommendation of Police Chief Domenic DiMella, who had hashed out a new security plan with club officials. The plan seemed to have had little effect, however, since the police responded to an additional 13 incidents and made three arrests.In light of the new incidents, the board voted on Jan. 20 to reopen the hearing. That sent Russell into Salem Superior Court late last week seeking an injunction to stop the show cause hearing. He was not able to get in front of a judge before 8:30 a.m. Tuesday, however, where he argued against the hearing on several points.Russell argued that while the town set out 24 separate alleged incidents to discuss, each of those incidents have been previously considered and already disposed of by the board. He also argued that the selectmen have not been specific enough regarding the charges, nor have they issued a witness list. In court papers Russell claimed that despite a request he has not received copies of records the town plans to use nor is even aware of exactly what they are.”The Plaintiff, without adequate notice and time to prepare is prejudiced in its ability to defend itself,” Russell stated in court papers. “There is a likelihood that (Tabu) will suffer irreparable harm to its reputation and goodwill if it is compelled to appear and defend itself without adequate notice of the laws, rules or regulations the (selectmen) believes it violated.”Judge Timothy Feeley did not agree with Russell’s assessment of the situation. In his decision Feeley said he didn’t believe the issues at hand were ready for judicial consideration because administrative remedies had not yet been exhausted and he denied to stay.