Update 2/04: The Big Board in H Street Corridor continues to have its liquor license suspended after repeatedly violating D.C.’s mask and vaccine rules. Owner Eric Flannery had the opportunity to appeal the decision on Friday, but requested more time to retain legal counsel.
The Alcoholic Beverage Regulation Administration issued the suspension notice on Jan. 28, according to an ABRA spokesperson, meaning the sports bar could only serve food and soft drinks. Local investigators cited The Big Board for staff failing to mask up or check patrons’ vaccination status as required by Mayor Muriel Bowser’s administration.
Restaurant blogger Barred in DC first reported the suspension.
Then, just several days later, the D.C. health department ordered The Big Board to shut down for failing to meet all COVID-19 requirements.
On Wednesday, Flannery requested a “summary suspension” hearing, where he could argue that his business does not pose imminent danger to health and safety and request to have his bar’s licensing suspension lifted. In a handwritten note to ABRA, he requested an in-person hearing — or, if virtual, access to a computer and training.
By law, ABRA is supposed to hold hearings within two business days of receiving a timely request, so one was scheduled for Friday afternoon. This morning, Flannery requested a postponement of six weeks saying he’s been unable to secure legal representation.
In his continuance request, Flannery says he’s attempted to obtain counsel since Dec. 28 and reached out to more than 10 legal services. Once he is able to hire an attorney, counsel may need time to review ABRA regulations, he adds.
On Friday, the Alcoholic Beverage Control Board unanimously voted to delay the hearing on the sport bar’s liquor license for one week. The hearing is scheduled for the morning of Feb. 10. The ABC Board says members will not grant any more postponements.
The Big Board was not immediately available for comment.
Original: On Wednesday, the Alcoholic Beverage Control (ABC) Board voted to draft a summary suspension notice for The Big Board, a bar on H Street NE that has received multiple warnings and citations for violating Mayor Muriel Bowser’s mask and vaccine orders. Local restaurant blogger Barred in D.C. first reported the news.
A summary suspension notice means an establishment can’t sell, serve, or allow consumption of alcoholic beverages while the suspension is in place. D.C. Attorney General Karl Racine’s office will draft the notice and the ABC board chair will sign it before serving it to The Big Board. The bar owners can request an ABC board hearing within three days, and the hearing would take place within two days after that — meaning any hearing about the case would likely take place next week.
In the two weeks since Big Board first tweeted its message of “all are welcome,” suggesting that any patrons could enter without masks or proof of vaccination, the bar’s actions have drawn strong reactions online — including locals criticizing the bar for breaking health protocols, conservative podcasters sharing tales of celebrating at the bar, and a Texas congressman applauding Big Board’s defiance.
A case report obtained by DCist/WAMU showed that on Saturday, Jan. 22, an Alcoholic Beverage Regulation Administration (ABRA) investigator visited The Big Board at 9 p.m. and confirmed multiple allegations against the bar: that patrons entered without face masks, no one checked for proof of vaccination, and there was a lack of appropriate signage. Some bartenders and employees were not wearing masks, the investigator reported.
The investigator wrote in his report that when he spoke to Eric Flannery, one of the owners, Flannery said to people near him, “He is here to violate me for not following the mayor’s order,” but signed the investigator’s paperwork.
Scott Rome, a D.C. attorney who works with establishments on liquor license cases, told Washingtonian that it’s possible The Big Board owners could be preparing legal action of their own in response to the city’s actions. The owners have not responded to requests for comment.
“I’d like the business to comply, and we don’t want to shut anybody down,” Mayor Bowser said at a press briefing Thursday, when asked about The Big Board’s case. “We want to give people support, advice, supplies, help, whatever they need — but we do need them to follow the regulations.”
Previously:
The Big Board Will Face A D.C. Liquor Board Review After Reportedly Violating Vaccine And Mask Mandates
This post has been updated to reflect that the Alcoholic Beverage Regulation Administration suspended The Big Board’s alcohol license. Amanda Michelle Gomez contributed reporting.
Elliot C. Williams
Amanda Michelle Gomez