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City considers mandatory bouncer checks

Flaherty proposes 'Imette's Law'

Published: Tuesday, December 5, 2006

Updated: Friday, December 26, 2008

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Lauren Herberg

Licensing Board Chairman Daniel Pokaski testified on bouncers' legal rights at a City Council hearing about proposed legislation requiring background checks and preventative training for all security personnel at night clubs, restaurants and hotels.

Under a law being proposed by City Council President Michael Flaherty, security personnel at Boston's clubs, restaurants and hotels would undergo mandatory background checks and preventative training in light of complaints of physical altercations between bouncers and patrons.

At a hearing yesterday, Flaherty said the measure would be called "Imette's Law" after Imette St. Guillen, a 24-year-old Boston-area native who was allegedly raped and murdered by bouncer and parolee Daryl Littlejohn after a night out in New York City in February.

The proposal comes closely after a recent law that requires New York City establishments to prove their security personnel has undergone background checks, training and the required registration process in compliance with a standing law.

Flaherty also said he proposed the legislation "in response to 80 incidents over the past three years" where patrons have reported violent confrontations with venue security personnel.

Licensing Board Chairman Daniel Pokaski said the current system for dealing with alleged assaults on patrons involves witness testimony and evidence presented in hearings following the incident.

"No bouncer has any right to lay hands on any patron," Pokaski said, adding that security personnel are told to contact the police if a customer or patron acts in a disruptive or inappropriate way.

Various security consultant groups were present in support of the bill, including James Staples, a spokesman for Guest Intervention Strategies, a private consulting group that trains and certifies floor staff, doorman and bouncers. Staples voiced the opinion of many attendees, saying there is a "need for a comprehensive training program" conducted by a third party in order for a person to be certified for security work.

Staples noted the success of GIS's certification process that includes a test and mandatory five-hour training class.

However, Phil Sweeney, a spokesman for the Glynn Hospitality Group, said he opposes the motion to create a mandatory training program despite its insurance benefits.

Sweeney said the program would be an unfair burden to small neighborhood restaurants, which would not be exempt from the law. He said the price tag of training personnel would cost approximately $250 per trainee.

Sweeney urged the councilors to continue discussion with establishment owners to reach an accord that is less burdensome on smaller businesses.

Peter Christie, president and CEO of the Massachusetts Restaurant Association, agreed with Sweeney, saying bouncers should be held accountable for their actions but "my opposition comes more along the issue of the mandate."

The proposal, however, does not distinguish between busboys, waiters and bouncers, and councilors did not address the issue of a potential shortage of trained security, or what will be done with security workers who have already been trained.

Under the current wording of the proposal, individuals guilty of assault and battery would still be allowed to become part of the security workforce despite the propensity for aggressive behavior.

Another committee hearing will be taking place in the future to discuss amendments to the legislation and open dialogue between owners and the City Council.

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