Whiplash in Stoughton Has Entertainment License Revoked, Liquor License Suspended

In the wake of the early morning shooting which took place outside Whiplash nightclub on Wyman St. in Stoughton April 21, Police Chief Paul Shastany and Executive Officer (now Deputy Chief) Robert Devine appeared before selectmen April 23 and recommended selectmen take "aggressive" and "bold" action against the club's licenses.

At a hearing May 8 in the Great Hall of the Stoughton Town Hall, selectmen did just that.

Selectmen voted to revoke Whiplash's entertainment license; suspend its alcohol license for 30 days (commencing June 1); and to modify the liquor license to impose a closing time of 11 p.m. (instead of the current 1 a.m.). 

Town Counsel Brian Riley from Kopelman & Paige ran the hearing. He called Stoughton Police sergeant John Bonney, patrolman Matthew Farwell and chief Paul Shastany to testify to some of the recent incidents at the club. Club owner Daniel Silva then had the opportunity to present his case.

Sgt. Bonney described a brawl which took place at the club on April 14, which resulted in multiple arrests. One of the patrons in the club tried to grab Bonney's firearm, and punched him in the chest, he testified.

"I can't imagine a situation where I would not arrest a woman trying to pull my firearm," Bonney said. But in fact, Bonney said he had to do just that, and could not complete the arrest, because he needed to assist officers with a situation that was escalating outside. 

It turns out the woman who tired to take Bonney's firearm was later arrested when she went up and twice punched another woman in police custody in the face, Bonney testified. 

Officer Farwell described the events of the April 21 incident, where two were shot, including a 16-year-old. There were multiple fights inside and outside the club around closing time, he said, and then multiple shots were fired in the parking lot. 

"People wouldn't leave [the area] even when there was a shooting," Farwell said. 

Police testified that the entire overnight shift is used to assist Whiplash with closing, and that for the April 14 and 21 incidents, even that wasn't enough, with other area police departments having to come an assist the SPD. 

"There was no way I was not going to address this and ask for the most harsh response," Shastany said during his testimony. 

"In my opinion, we've been able to tread water," the chief said, adding, "I'm afraid an officer is going to be killed."

Shastany said the club is attracting rival gangs from Boston, according to information the Boston Police Gang Unit has shared with the SPD. 

He said police have received phone calls, letters, emails and walk-ins from neighbors in regards to the situation at Whiplash.

"People are very afraid," Shastany said. "I don't want anyone to leave this town. This is a good town. People should not live in fear...I'm not going to tolerate it." 

Silva said in his 12 years owning the club, this was his first major incident. 

"I feel safe in my club," he said.

He spoke about some of the fundraisers he has held over the years for groups supporting Breast Cancer, the State Theatre in the downtown, and families who cannot afford a headstone for their child. He said these events have raised about $100,000. 

But the hearing focused on the number of violent incidents at the club since July, which culminated in a string of recent activity which included the aforementioned April 14 brawl and the April 21 shooting. Some of these recent events have drawn a capacity crowd of 350 people. 

Silva noted that everyone is searched before entering the club, and security is stationed at the door throughout the night, and additional security is inside. 

But police and selectmen noted that some of those arrested have been underaged. Silva said IDs are checked and these may be people who were waiting outside when they were turned away from entering. Both the shooting and the brawl took place outside the club. 

There was a dispute, however, about whether the 16-year-old who was shot was in the club. Silva said "there is no way a 16-year-old was in my club," but Shastany countered that according to testimony from the boy's mother, he was in the club. 

Silva said the majority of the patrons are nice and respectful, noting that it only takes one person to start a fight. "A catfight can happen anywhere. People start reacting and feeding off the frenzy," he said. 

Silva said the DJs are attracting the crowds which have contributed to the recent events. 

After hearing from both sides, and asking multiple questions, selectmen voted to take action against the club's licenses.

Selectmen agreed that Whiplash "unreasonably" and "unacceptably" overburdened police and placed them at risk and "unreasonably" and "unacceptably" put neighbors, patrons and club personnel at risk.

"I take at face value that the owner does not want these problems on his premises," Selectman Bob O'Regan said, but added, "the owner, despite his efforts, has not shown ability to control and manage operations."

The original motion from Selectman Cynthia Walsh was to modify both the liquor and entertainment licenses to a closing time of 11 p.m.

Silva had testified that the height of activity in his club, which is open Fridays and Saturdays, is from 11:30 p.m. to 1 a.m.

But, although while acknowledging that this was Silva's first hearing before the board in 12 years of ownership, the severity of the recent violence at the club, led the other selectmen to offer more severe sanctions.

"I realize it's the first offense...[but] I find this particular offense to be quite concerning," Selectman John Anzivino said. 

Walsh revised her motion, and her new motion to modify the liquor license to a closing time of 11 p.m. passed 4-0.

Selectman Thomas J. Recupero then made the motion to revoke the club's entertainment license. 

Recupero felt a suspension of the entertainment license would not go far enough, and said it was the entertainment that was the root of the problem. 

In his motion Recupero stressed that Silva could come before the board without prejudice to apply for a new entertainment license when he came up with a safer plan for entertainment there. That passed 3-1, with Walsh opposing.

O'Regan then made a motion to suspend the liquor license for 30 days, commencing June 1. This passed 3-1, with Walsh opposing.

Silva can appeal the alcohol suspension to the ABCC (Alcoholic Beverages Control Commission), and can challenge the revoking of the entertainment license in court, if he so chooses, Riley said after the meeting. Imposing a 11 p.m. closing time is a local decision, with communities able to enforce closing times anytime between 11 p.m. and 2 a.m.