August 19, 2009 | NEWS ARTICLES
Judge shuts Heaven's gates
By John Coté | San Francisco Chronicle | Link to article
You may have just missed your chance to get into Heaven.
City Attorney Dennis Herrera won a court order this morning shutting down Heaven Mini Theatre on planning code violations pending the outcome of a trial, a ruling that takes effect immediately. An attorney for the North Beach strip club said it will put Heaven out of business.
Heaven is part of a larger problem along Broadway, city officials say.
"Maybe there will be a youth hostel there tomorrow, I don't know," said Gregory Walston, an attorney for Heaven.
Judge Charlotte Woolard's ruling in San Francisco Superior Court marked a victory for Herrera and police officials who are trying to crack down on nightlife-fueled violence along the Broadway corridor in North Beach.
"Today's ruling should send a message to other would-be operators of illegal businesses that even 'Heaven' is subject to temporal laws here in San Francisco," Herrera said. "I'm grateful to Judge Woolard for her thorough analysis of the facts, and to the Police and Planning departments for their efforts to enforce the law and help us build our case."
Walston, though, blasted Woolard's ruling as "asinine, ludicrous and absurd."
"I'm a pretty even-tempered guy," Walston said outside the courtroom. "But stupid is as stupid does, and this one is ridiculous."
The central argument was whether a court order closing the club pending the outcome at trial would result in "irreparable harm" to Heaven's owner, who says he's being targeted for not bribing city officials.
Ending a business was perhaps the very definition of irreparable harm, Walston argued. Deputy City Attorney Frank Brass said if the club prevailed at trial, its owners could be compensated. Woolard agreed.
Walston vowed to appeal immediately, but a ruling in that process could take several months, he said.
