The City of Birmingham is suing the owners and operators of a downtown lounge, asking a judge to temporarily close the business that has been “used as a breeding ground” for illegal activity.

Both Cru Birmingham, LLC, and owner, PFS Birmingham II, LLC are named in the case. Efforts to reach them for comment were not immediately successful.

The suit is brought by the city attorney’s office.

Earlier this week, a similar suit was filed against the Shell station and Boston Fish Supreme on Third Avenue West following a weekend shooting that left one man dead and six others injured.

Cru Tuscaloosa was shut down earlier this year after a shooting there.

The city cites continued problems at Cru for the past month including dangerous exhibition driving, lewd behavior and excessive noise violations at the 2300 First Ave. North location.

Birmingham police, city officials said, have responded to calls related to a person shot following an altercation on the property, multiple traffic issues created by patrons and excessive numbers of people loitering at the property.

The city contends Cru Birmingham, LLC has failed to take steps to stop or curtail the illegal activity.

The court filing states the property is a “haven for lewd and lascivious behavior by its patrons, excessive loiterers, and any other member of the public who might decide to enter… with the intent to engage in criminal activity.”

The city is asking the court to issue an order requiring Cru Birmingham, LLC to take the necessary steps needed to eliminate any, and all, criminal activity and allow the city to prohibit Cru Birmingham, LLC, from continuing to operate if it fails to comply.

The city has asked the court to grant an emergency hearing and grant a protective order related to the identities of residents who wish to testify on the matter.

The Code of Alabama, 1975, Section 6-5-156.3 allows municipalities to seek a permanent injunction of a property preventing further use as a drug nuisance and to seek damages pursuant to Section 6-5-155.6 (d)(4).

In the spring of 2020, City Attorney Nicole King created the Office of the City Attorney’s Drug and Nuisance Abatement Team, also known as DNAT, which works through the courts to hold landowners accountable for keeping their properties clean and getting rid of crime and blight associated with nuisance issues.

More than 120 properties have received demand for corrective action. DNAT continues to investigate other properties.

DNAT works with the Birmingham Police Department to identify areas where landlords are not taking care of properties or providing inadequate security.

Problems with drug and nuisance properties can be reported via email to [email protected] or residents may call the internal Drug and Nuisance Abatement Team at 205-254-2369 during normal business hours.