CHARLOTTE, N.C. -- On Monday night, the Charlotte City Council is expected to take up a change to a longtime city ordinance that affects nightclub owners.
It's called the Dance Hall Ordinance and it was originally passed in 2001 as a way of controlling rave parties.
Back in October 2013, Manning Sweat threw a sweet 16 party at his business. His son got shot when some men who wanted entry were denied.
CMPD officers arrested Sweat because he didn't have a dance hall permit; the businessman went to court.
He won when his charge was thrown out and Judge Donnie Hoover called the ordnance unconstitutional.
"We have to correct the original ordinance. The judge said it was unconstitutional because it would take in Discovery Place and places like that," said Claire Fallon, chair of the Public Safety Committee.
The judge said the ordinance was too broad and would include businesses like Discovery Place, NASCAR Hall of Fame and the YMCA.
"This ordinance would not change any of that and I think what happened to my client was wrong," said Attorney Noel Tin.
He represented Sweat and doesn't believe the changes that council is about to pass tonight are an improvement.
On Monday afternoon he sent a letter to councilmembers asking them to throw out the ordinance completely.
Some club owners believe it was only enforced against minority nightclubs. Fallon disagrees.
"If that's so I will see that correct cause I don't believe that is if you don't serve alcohol you don't need a license," she said.
Tin says if council goes ahead he think the new ordinance is also unconstitutional and once police begin to enforce it he'll look for another test case.
"I don't see any reason to think the proposed changes will solve any of the problem that there are with the ordinance whether it's the enforcement or who gets charged," he said.
