MOBILE, Alabama – The owner of the Alabama Music Box believes the boundaries of a proposed entertainment district that excludes the music venue is another example of "constant harassment" he's faced since opening the establishment five years ago.

David Mathews, owner of the Music Box, said today that both his establishment and The Haberdasher – located next door – would face an "uneven playing field" if the district does not absorb them.

"You cannot even walk from one entertainment zone to the other without crossing our district," Mathews, 32, said. "Anyone with a brain can see it's a little bit irrational."

Approximately two blocks along Dauphin – between Franklin and Cedar streets – are excluded largely out of respect for residents living in the area, as well as from other business owners.

Being included within the entertainment district allows patrons to leave an establishment with an open container of alcohol. Patrons will be prohibited from doing so from an establishment that is not within the boundaries.

City Councilman William Carroll said officials are considering several things before finalizing a map, but Mathews said that the concerns over residences are not equally shared near other parts of the proposed district.

"Moe's (Original BBQ) is brand new ... the triangular building is surrounded by residences," Mathews said about an area that is included within the district. "You have three times the amount of residences than you have near our (business)."

He added, "the reasoning for excluding our block because it's residential is complete garbage. It lends itself to see that we're being targeted."

Mathews said that targeting is related to an ongoing court case filed in Mobile County Circuit court by the owner of the nearby Mardi Gras & More gift shop. That case is scheduled to go before Judge Sarah Stewart during a Feb. 13 trial.

Jeffrey and Patsy Jordan filed a lawsuit in 2011 seeking a court order to shut down the Music Box or force it to limit the noise. The couple lives next to the music venue.

A judge has since restricted the Music Box's operational hours.

Mathews said he is allowed only five extensions of its closing time each month, otherwise the Music Box must close at midnight during the work week and 2:30 a.m. on weekends.

"It's definitely wrecked havoc on the business already," Mathews said. "We lost $28,000 on shows the past three months. Our clientele doesn't show up until 11 (p.m.)."

Still, business isn't bad. The venue draws 400 to 700 patrons during weekends and whenever an international comes to the Music Box, "we're regularly selling out."

"If business wasn't great, we'd be out of business I'd assure you," Mathews said. "It is hurting our business model that we have to start earlier and restrict (the hours of operation.)."

Mathews and nearby residents have butted heads in the past. Aside from the Jordan's lawsuit, Mathews faced criminal mischief charges after a cinder block was thrown through the office window of Irvin Grodsky, whose law firm is nearby.

Grodsky said today he opposes having the entertainment district extended to where his firm is located, although he denied that his opposition focused on problems with the Music Box.

"My opposition is that there is no definition as to what is entertainment," Grodsky said. "It's not related solely to Alabama Music Box."

He said the biggest concern he has with being included within an entertainment district is the potential problems that might happen with issues associated from patrons drinking alcohol outdoors in containers.

"If he or she is using their property as an entertainment venue, they can do anything they want with their property even to the detriment of the other property owners," Grodsky said.

Mathews said he sees the problem concentrated among a small few residents who are vocalizing their opposition.

He also said that doesn't believe it's reasonable to exclude a venue that attracts national musical acts to Mobile, which the Music Box often does.

"We're a cultural asset in the city," he said.