The protest of the liquor license for Max's Club (on Richmond between Fondren and Gessner) is moving forward, while Michoacano (on Gessner near Harwin) has been forced to close.

First, Michoacano. Several months ago, the club owner and the property owner agreed in court to add security and take other measures to control the situation there. After agreeing, they failed to comply. So now the club has been closed. The property owner also evicted a "spa" that was operating in the same center.

Now on to Max's. Last week, I and others protesting the renewal of the Max's club liquor license were required to testify in a deposition conducted by the attorney for Max's. The testimony we gave will be used at the protest hearing, which is now scheduled for December 1.

Present to represent the protesting group were Allan Van Fleet and Chris Payne of of the Greenberg Traurig law firm, which is helping the city attorney conduct this protest at no cost to the city, and Brandon Clarke, an attorney living in the neighborhood who has been representing residents in the protest.

The attorney for Max's, Ron Monshaugen, asked me questions that seemed to be aimed at figuring out what Max's could do to get me to drop my protest. For example, I was asked whether I would drop my protest if the neighborhood groups and the city were able to come to an agreement with the owner of Max's.

I said that I couldn't possibly know whether I would agree to something until I knew what that something was. I also reminded him that it is not just the homeowners who are affected by Max's but also the apartment residents to the east of the property, and their peace and safety must also be restored.

Mr. Monshaugen also asked if I would drop my protest if it was shown that Max's was not in violation of the 1,000-foot rule (regarding the distance from Emerson Elementary) when their license was previously issued. I'm not sure what he was planning to try to prove, but I told him that I was not looking at how things were, but as how things are today, and I believe them to be in violation today.

After my deposition, Martha Tripp, who lives in the area, was questioned by the attorneys. Later in the day, Mayor White and Council Member Holm were scheduled to appear. TABC attorneys were also present - I believe they were there to testify as well.

This week, Mr. Van Fleet will be taking testimony from employees of Max's.

Rep. Woolley and Sen. Janek were not called to testify, as they had withdrawn as legal "protestants" and instead submitted letters for the record opposing renewal of the license.

This is a slow process but it is moving forward. More as I know it.

Scott Hochberg
State Representative
District 137 - Southwest Houston