D.C. Department of Consumer and Regulatory Affairs officials notified Foxy Playground on Aug. 1 that they intend to revoke the establishment’s certificate of occupancy for non-compliance "because they are not operating as a restaurant," said DCRA spokeswoman Gina Douglas.

The business, located at 4132-34 Georgia Ave. NW in Petworth, was closed July 13 by city restaurant inspector Harold Monroe for serious health code violations after a man was killed outside earlier that day.

Neighbors point to numerous violent assaults that have occurred outside Foxy Playground over the past few years. The most recent incident occurred shortly after 2 a.m. on July 13, when D.C. police said two men were shot and one, a 27-year-old Northern Virginia resident, died from his injuries.

Monroe, who heads the D.C. Department of Health’s food inspection bureau, said Foxy Playground received 62 demerits on the city’s 100-point inspection scale, which requires immediate license suspension when a restaurant gets more than 31 demerits.

The business, which officials said has no license to operate a sexually oriented enterprise, is located within 600 feet of two schools and a public library – a location that would prohibit issuance of any license for a sexually oriented business.

Owner Hamdy H. El-Berry, who was elected last November to represent ANC Single-Member District 4C05 in which his business is located, and his attorney told The Common Denominator they plan to challenge the city actions.

"Mr. El-Berry understands the detractions of his establishment," said attorney Olandan Davenport. "He is trying to figure out how he can come into compliance [with the law] and respect the community."

Davenport said he hopes the situation can be resolved without a public hearing.

El-Berry charged that Ward 4 Councilman Adrian Fenty has targeted his business for enforcement. "Mr. Fenty is against the strip clubs – he is the one who initiated this," El-Berry said.

El-Berry serves on the same ANC with Fenty’s brother Shawn, who represents ANC Single Member District 4C03. El-Berry’s brother, Nabil H. Elberry, also serves on the same commission and represents Single-Member District 4C04.

The Common Denominator reported in February that El-Berry’s legal residency, above his club, and his legal right to hold his ANC seat were challenged before the D.C. Board of Elections and Ethics by former ANC commissioner Louis Wassel, whom El-Berry defeated last November to win the ANC seat. Elections officials dismissed Wassel’s challenge in early March, saying El-Berry had provided "sufficient" evidence that he lived there.

However, elections officials did not address Wassel’s contention that El-Berry’s residence above his business was in violation of D.C. law. A March memo from Ward 4 Neighborhood Services Coordinator Merritt Drucker to five city enforcement officials, asking that officials revoke Foxy Playground’s city licenses "as soon as possible," echoes Wassel’s contention.

Drucker notes that during his inspection of the business "it became apparent that there are at least two apartments in the building that are being rented by the owner of the business. Yet, the business lacks a certificate of occupancy authorizing apartment rental."

Drucker’s four-page memo, a copy of which was obtained by The Common Denominator, cites six specific alleged violations of D.C. licensing laws at Foxy Playground and asks officials "to move in an expeditious way" to address the problems.

"The business that is the subject of this investigation has been a source of a variety of problems for District government agencies, and a source of problems for the community," Drucker wrote in the memo. A notation on his memo says that copies also were sent to Councilman Fenty and Fourth Police District Commander Cathy Lanier.

Foxy Playground lost its liquor license in May 1997, when neighbors challenged an application for its renewal. DCRA spokeswoman Douglas said the Alcoholic Beverage Control Board denied the license renewal request, finding that the business "adversely affects the property values of the neighborhood by disrupting the peace and quiet."

Copyright 2001, The Common Denominator