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The Oregon Liquor Control Commission posted a suspension of the liquor license of the Fontaine Bleu nightclub, 237 NE Broadway in early November after one man died and two were wounded by gunfire.

(Stuart Tomlinson/The Oregonian)

The owner of the Fontaine Bleau nightclub in Northeast Portland --

-- intends to sue the Oregon Liquor Control Commission, the city of Portland and the Portland Police Bureau for alleged racial discrimination.

A

, dated Dec. 22, was sent by certified mail to the defendants on behalf of Rodney DeWalt Sr. and DeWalt Productions. It claims that “Portland Police have engaged in a campaign designed to shut down the Fontaine Bleau and stop it from serving the black community in Portland.”

The state liquor commission suspended the club’s liquor license on Nov. 11, two days after one man was shot and killed and two patrons were wounded outside the nightclub at 237 N.E. Broadway.

The OLCC said the club had a history of "serious and persistent problems" – including fights, noise and unruly crowds -- and created a "serious danger to public health and safety."

The shooting followed a "large fight" inside the club that led to the ejection of at least one person, according to the liquor agency's five-page suspension order. One of the club's security guards was struck in the head with a barstool during the confrontation, the order said.

Durieul Joseph Harris, 30, died of multiple gunshot wounds, the state medical examiner said. The suspension order noted that Harris died "approximately 15 feet from the (club's) front door."

The two people who were injured also suffered gunshot wounds.

In the tort claim notice, DeWalt’s attorney, Charese A. Rohny, said police "failed to keep Mr. DeWalt informed of actual and known risks; perpetuated a pretext of nuisance complaints thereby concealing known risks, increased the vulnerability to known dangers, which posed a substantial risk to a defined group of black patrons and a black owner."

According to the notice, at a meeting between DeWalt and Portland police officials on Oct. 10, police asked DeWalt to screen his customers by making a list of gang members who visit the club and question his customers about their parole or probation status before allowing them in the club. Police also wanted DeWalt to make his security guards to control noise outside the club by stopping patrons from playing loud music in their cars blocks away or talking and laughing as they walk to their cars.

At the meeting, Dewalt told officials he wasn't responsible for his patrons' behavior once they left the club and said "he would not provide any oversight for his patrons' activities once they left his property," according to the suspension order.

Dewalt admitted during the meeting that the patrons could cause problems, but said he wouldn't "expose his security to that type of risk, preferring that police deal with the problems," the suspension order said.

The club's problems even prompted its bouncers to call police in August to tell them they were concerned for their own safety because of an upcoming "after-party" following a concert, the OLCC said. Dewalt agreed to change the format for the event after talking with police, according to the OLCC report.

Christie Scott, a spokeswoman for the OLCC, said she could not comment on pending litigation.

--Stuart Tomlinson