Faced with twin challenges to its efforts to limit the number of bars on the South Side, Pittsburgh City Council united yesterday in defense of legislation setting a "saturation point" for alcohol-serving establishments in large neighborhood business districts.
Council voted 8-0 against the planning commission's recommendation that a new BaBa D's restaurant at 2126 E. Carson St. be allowed to serve drinks. That vote came five days after South Side property owner James M. Quinn filed a lawsuit challenging the saturation point ordinance.
"Enough is enough," said Councilman Bruce Kraus, who represents the South Side. "Why in God's name do we need another alcohol license?"
According to the city's formula, the narrow strip around East Carson reaches its alcohol saturation point at 53 establishments. Mr. Kraus said it already has 62 bars and restaurants that serve alcohol, so no more can be approved until 10 close.
He estimated that the capacity of the bars in the South Side is quadruple the drinking age population of the neighborhood.
Dourid Aboud, a member of the family that operates BaBa D's in Oakland and wants to expand to the South Side, told council that his family intends to open a dinner restaurant with an 11 p.m. closing time. "We would like to be able to serve drinks to people who come and eat at our place," he said.
"We bought the liquor license," he said. "We built a bar, hoping that the democratic process was going to work."
The planning commission in September found that BaBa D's fit in with exceptions in the ordinance. Council's rejection trumps that finding.
Council members said they had no beef with BaBa D's, but needed to back up their ordinance and do what they can for the beleaguered South Side. The law also limits liquor licenses on Butler Street in Lawrenceville and on Penn Avenue in East Liberty and Garfield.
"I think it is a safety issue for the residents that live there, for the people that drive on the streets, for the students that are consuming all of this alcohol when alcoholism is a disease," said Councilwoman Darlene Harris. "And for us to allow more alcohol on that street, we're contributing to that."
"I don't think we got a fair shot," said Mr. Aboud after the vote. He would not say how his family will proceed.
Mr. Kraus said that if BaBa D's was allowed to serve drinks, "it would be difficult" to defend against the lawsuit by Mr. Quinn.
Filed against the planning commission, the suit calls the ordinance "an unlawful infringement" on the Pennsylvania Liquor Control Board's power to regulate the sale of alcohol.
Mr. Quinn, of Hopewell, bought a three-story property at 1021-1023 E. Carson St. in 2006 and was granted a liquor license in 2007. According to the suit, he planned to convert the first floor into a bar-restaurant and the upper floors into apartments.
The city, citing the ordinance, refused to grant Mr. Quinn building and occupancy permits for the bar-restaurant.
Charles L. Caputo, an attorney for Mr. Quinn, said the suit is the first legal challenge of the ordinance but refrained from additional comment.
