Jun 20, 2008  |  By: JOSHUA LYNSEN  | COMMENTS     

A citation issued to Trio Restaurant alleging overcrowding on its patio nearly led to its closure during last week’s Capital Pride parade.

And at least one local gay activist is raising accusations of anti-gay bias, saying the city is attacking Dupont-area businesses that are popular among gays.

Trio owner George Mallios, a longtime restaurateur, said the trouble began when an Alcoholic Beverage Control Board inspector counted the people standing on the Trio deck during last year’s high heel race.

Viewed by thousands, the annual event along 17th Street in Dupont Circle features men racing while wearing high-heeled shoes.

Mallios, a longtime restaurateur, said the inspector questioned him about the patio’s capacity, but issued no citation at that time.

“I heard through the grapevine that they probably wouldn’t give a violation because there was no way to control the crowd,” he said. “And there was nothing to be worried about, really. Nobody was being unruly.”

But months later, Mallios was cited for allegedly allowing 120 people on the Trio patio Oct. 30. The headcount reported by the inspector is about 70 above the deck’s certified capacity.

The citation arrived June 11, three days before the Capital Pride parade would again draw large crowds to the Trio deck.

Mallios said the citation unnerved him enough that he considered closing Trio before the parade began so he wouldn’t again be cited for the excessive crowds and endanger his liquor license.
“I don’t want to be a jerk and close the place down,” he said. “You just have to be very careful that you don’t lose your license.”

Mallios was able to secure a one-day waiver, though, allowing Trio to remain open during the parade without risking another citation.

“It was a big crowd,” he said. “It’s just a nice thing and it’s a shame they put you through this torture to be part of it.”

Cynthia Simms, a spokesperson for the D.C. Alcoholic Beverage Control Board, could not explain why it took more than seven months for the Trio citation to materialize or why it was finally delivered during Capital Pride week.

“I don’t know,” she said. “To be honest, I don’t know why there was a delay.”

But the incident, which comes after Jack’s Restaurant & Bar received a similar citation last month also spurred by high heel race crowds, has riled at least one local gay activist.

Peter Rosenstein said the overcrowding charges were unfairly levied against the businesses — and that some local gay residents feel targeted by the citations.

“In talking to a lot of people in the community,” he said, “it was felt it was an attack on the community to do this.”

Simms said the city was “definitely not” targeting gays when it issued the citations.

“They’re not attacking the GLBT community,” she said. “The bottom line is an investigator was present and they did see that there was overcrowding and that they did exceed their capacity. If someone else did the same thing, they would receive a citation, as well.”

Mallios is set to appear before the Alcoholic Beverage Control Board on July 9.

Mallios said he was considering whether he would contest the overcrowding citation.

Latif Guler, a Jack’s Restaurant co-owner, said his business was nearing a deal with officials to settle their citation and other outstanding issues through a one-day license suspension. He noted the settlement was attractive because it would avoid a costly legal battle.

“I’d rather be closed one day,” he said. “If I go to a full hearing, it’s going to cost me $10,000.”