The city of Huber Heights’ attempt to shut down Heat Nightclub is scheduled to continue this morning in court.
Two weeks after Heat Nightclub was ordered to temporarily close its doors after two men were killed in the parking lot, a preliminary injunction hearing is slated to begin at 10 a.m. today in Montgomery County Common Pleas Court.
Judge Mary Wiseman will hear the case.
Huber Heights filed a temporary injunction May 14, and Judge Dennis J. Adkins responded by granting a temporary restraining order that prohibited the troubled nightclub at 6115 Brandt Pike from opening.
Charles W. Bell III, 25, of Dayton, and Keenan Hall, 20, of Dayton, died from gunshot wounds they suffered outside the club after a fight inside spilled into the parking lot before 3 a.m. May 11. Another unidentified man was injured.
The city has been trying to stop the club from renewing its liquor license for the past year, and the city’s stance remains the same, said Alan Schaeffer, the city’s attorney.
“It’s a pretty extraordinary thing we’re asking for — to close this place down,” Schaeffer said. “The judge will take this very seriously.”
Heat Nightclub owner and manager Jessica Kennedy did not return a message seeking comment, but at a May 13 City Council meeting, she vowed to stay open. Kennedy said earlier that the city was unfairly targeting her club.
Schaeffer said that during the preliminary injunction hearing, both parties will have an opportunity to provide evidence and call witnesses to testify. If a decision isn’t made today, Schaeffer said he expects to learn in a “day or two” whether the temporary restraining order is continued or removed.
Either party could then litigate the case moving forward, depending on the ruling, he said.
“In my position for the city, the place has got to go,” Mayor Ron Fisher said. “I think we’ll be very successful.”
The motion the city filed May 14 was to prevent the nightclub from the “ongoing operation … as to do so would result in immediate and irreparable harm to the city of Huber Heights.”
“There will be no opportunity for additional shooting, fights, disturbances, assaults, or other activity which substantially interferes with the public’s decency, sobriety, peace, and good order,” the motion said.
The city has spent more than $11,000 fighting the liquor license. Police have responded 248 times for noise complaints, illegal drugs and assaults at the club since March 1, 2012.
The Dayton Daily News has covered Heat Nightclub’s troubles since Huber Heights City Council first objected to its liquor license renewal in March 2012. We will continue to follow this story closely and bring you the latest updates as they develop.