Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-04

PrInceUeof9es
New botfIeCIub
Law Faces Test
County Attorney
Also Says 1t Is
Unconstitutional

OHGUnSIIEUliOnQt
Prince Georges County has q
new law against after-hour bot
tie clubs today. but even the
county attorney says it's In-
constitutional.
A court test Of the new ordi-
nance, passed by the County
Commissioners after q hearing In
Hyattsville yesterday. seems as
Sltred. Although the law takes
effect Immediately, the county's
three bottle clubs have so days
to comply or send their lawyers
into court.
Like the county'S original anti
bottle club ordinance, declared
institutional last month by
Circuit Court Judge Charles C..
Marbury, the new law does not
specifically outlaw bottle clubs.
It virtually outlaws them, how
ever, or requiring that they close
at the same time as any other
night club or barr am. on
week nights, midnight on Satur-
day nights-thus removing their
chief reason for existence.
Licensing Standards Set.
The new ordinance is the same
as the original one, except that
it adds certain standards for the
Commissioners to follow in de-
Gliding whether to license pro-
posed bottle clubs. Judge Mar
bury based his August ruling
on the failure of the original
law to provide such standards.
What makes the new ordinance
unconstitutional, in the view of
County Attorney. c. Calvert Lam
caster, is an amendment tackled
on yesterday by Commissioner
Edward y. Waters and approved
by the board in a Stool vote,
with Board Chairman Thomas E.
Latlmer dissenting.
The amendment would require
bottle clubs to close from 2 to
6 am. on weekdays and from
midnight to 6 am. on Sunday
for airing and cleaning under
the county health regulations.
That puts teeth in the ordi-
nance" Mr.. Waters said.
Delay Thrust Aside.
Mr.. Lancaster questioned the
amendment when it was pro-
posed and urged the commission
ers to defer consideration of all
amendments to their next meet
ing. The majority of the board
wanted immediate action, how
ever, and approved the Waters
amendment. along with another
by Commissioner w. Everett
Marion, requiring that bottle
club license applicants must have
lived in the county for at least
two years.
Later in the meeting, Mr.. Lam
caster told the board he believes
the Waters amendment makes
the ordinance unconstitutional
because it would discriminate
against bottle clubs BY making
them do something similar estab-
lishmentS are not required to.
John F. Lillard, jr., attorney
for the Tyre Club of Hillside,
one of the three after-hours
establishments in the county,
attacked the ordinance as being
definitely unconstitutional
even before the Waters amend
ment was added. After approval
of the amendment he said in
an aside:
"If this law wasn't unconSti-
tutional before. it sure is now"
He said he would confer with
his client. Vincent Grillo, Tyre
Club manager. before deciding
whether to challenge the new
ordinance in court.
Labels Law Dangerous.
Mr.. Lillard, who emphasized
several times that he was speak
ing as a lawyer for the Tyre
Club and not as a Prince Georges
County member Of the State
Legislature, also labeled the
ordinance as dangerous. Me
said, in order to stand up, it
would have to apply to such
clubs as the American Legion,
VFW and Elks.
Mr.. Lillard said all the OBJ
jections to bottle clubs, such as
the fact that they might create
a nuisance or that they might
sell liquor, can be met by exist
ing laws.
Referring to criticism he said
he had suffered because he took
on this unpopular case" Mr..
Lillard promised that. if the
bottle club issue comes before
the State Legislature, II swill
neither vote on it, debate 1t or
discuss it in any way, shape or
FORM"
Albert r. Hassall, another at
torney and also a Republican
member of the House of Dele
gates, represented the Testers
bottle club In Tuxedo during the
court battle on the original Or
dinance. He attended yester-
days hearing. but did not speak.
Since Judge Marbury's de-
cision last month q third bottle
club, the Meadowview, has
opened in College Park.
Mayor c. r. Davis of College
Park and Geary Eppley, dean OF
students at the University of
Maryland, Endorsed the new Or
dinance yesterday. Dean Epp-
ley said he was speaking for the
university.
Another prepayment was Walter
F. Mulligan, president OF the
County Civic Federation, who
said. Anything so obnoxious it
1ane - ia lrix,av, 0,,f rf the nic-