Boston nightclub faces license review after woman’s death on dance floor: What we know
The Boston Licensing Board is expected to vote Thursday on whether the management of a downtown nightclub violated licensing regulations when a woman collapsed on the dance floor last month.
Anastaiya Colon, 27, was at Icon Nightclub to celebrate her sister's birthday when she suffered a medical emergency and collapsed on the dance floor early in the morning on Sunday, Dec. 21, MassLive previously reported. She later died at the hospital.
A few days later, Icon's liquor license was suspended, with authorities saying club staff had served an intoxicated patron, failed to supervise the crowd's conduct and permitted a disturbance that required a police response.
The Licensing Board will meet at 10 a.m. Thursday to vote on whether those violations did occur, after which they will decide whether to take action against the club's ownership.
Here are some of the big questions likely to be taken into account as the board determines the status of Icon's license.
What does the family say happened?
Colon's sister, Angelica Morales, and other loved ones argued in a hearing before the board on Tuesday that the club's staff did not do enough to control the situation or provide assistance.
"Nobody in that establishment helped me," Morales said.
Morales and Shanice Monteiro, one of two friends who were with the sisters at the time, both said that though the music in the club was turned off at first when Colon collapsed, it came back on moments later.
Monteiro said she had to go outside to flag down two police officers who were on patrol. According to the police report, the officers were aware of an "unknown issue" at the club, which was why they were outside when Monteiro flagged them down. But they did not know the details of the medical emergency.
An attorney from Kahalas Law, the firm representing the family, told MassLive that they are exploring a possible civil lawsuit. They are encouraging anyone with videos or information about the incident to contact the firm.
What does the nightclub management say happened?
Staff and attorneys representing the club said they immediately sprang into action when they were notified that a patron had collapsed and did everything they could to help.
"Icon staff and security reacted to what can only be described as a catastrophe, a medical emergency set in a busy nightclub, with all necessary speed and professionalism," said attorney Tyler Henseler.
Security Director Kevin Montgomery said as soon as a bouncer told him there was an issue, he used the direct phone number for Emergency Medical Services so he could avoid being routed through the 911 system and save time.
Michael Talbot, a security consultant who was hired by the club's management to conduct an investigation after the incident, said Tuesday that the only major change needed to Icon's security policies was updating its camera system, which previously did not have appropriately synchronized time stamps.
Was the crowd under control or in the way of first responders?
Colon's sister and friends, who were at Icon with her, say the dance floor was crowded and people were encroaching on police and emergency medical staff as they tried to help her.
Morales said during Tuesday's hearing that when her sister collapsed, she ran to the DJ booth to ask for the music to be turned off. But when she tried to go to the DJ booth a second time moments later, she was unable to push through the large number of people.
In police reports from the incident, officers said that even with backup, they could not control the crowd and eventually ordered the club to close and all patrons to leave.
In a cell phone video from the incident shared with MassLive, the scene appeared chaotic, with many patrons looking on as EMS workers performed CPR. On at least one occasion, police or security staff can be heard telling patrons to back up.
Montgomery said in Tuesday's hearing that he deliberately did not immediately ask patrons to leave because it would have made it even more difficult for first responders to reach the scene.
"You're going to have people standing outside, people standing in the lobby, and it's also creating a bottleneck of things when you're coming to the doors," he said. "It would be impossible for somebody to kind of cleanly get through."
Montgomery also disputed the claim that the crowd was encroaching on Colon and the first responders. He said his security staff "did a tremendous job" clearing a path for emergency personnel to get through the crowd.
According to Montgomery, Icon's maximum capacity is 481 people. There were about 370 people and 14 security staff in the club at the time.
When was the music turned off and the lights turned on?
Morales and the friends who were at the club said that while staff did initially stop the music when she asked, as she was returning to her sister's side, the music came back on.
Morales said she had heard from the DJ after the incident that he was told to keep the show going. In screenshots shared with MassLive, he told her he was unaware at the time of what was going on.
Montgomery told the Licensing Board that he could not remember if the music was still playing as Colon was being treated, but he assumed it was not.
He said when he first called EMS as soon as he heard a patron had collapsed, he had to go outside to make the phone call because the club was too loud. But two minutes later, when he was with Colon and realized she wasn't breathing, he was able to call again without stepping outside.
He added that it was possible the music in the main room, where the incident occurred, was turned off, but it might still have been playing in the secondary room of the club, where people were not aware of what was happening.
Licensing Board members said that in the security camera footage from the club, which was not shared publicly, there was no audio, but they believed they could tell when the music stopped because people stopped dancing. It was not clear from the discussion at what point in the video this happened. The cellphone video shared with MassLive began after first responders arrived, when the music was turned off.
Montgomery did agree, however, that the main house lights in the room were not immediately turned on. He said they were left off and some flashing lights were still going. But the area where Colon was lying was illuminated by a spotlight, so the staff could still see what was happening.
Board Member Danny Green said he could tell when the main lights were turned on because the video changed from black-and-white to full color, and that it took "a long time" for that to happen.
Was Colon served too much alcohol?
Monteiro and another friend told police that they had had a couple of drinks and smoked before going to Icon, though they did not specify what they smoked, according to police reports.
Icon staff said during the hearing that Colon did not appear intoxicated when she arrived, had been at the club for only about 30 minutes before she collapsed and was only served one drink.
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