Summary
Recent reports from the Houston Chronicle reveal that Houston’s public safety initiative along Washington Avenue has led to multiple bar closures and arrests — one of which drew the attention of Galveston criminal defense attorney Jonathan Zendeh Del, who questioned the legality of the city’s enforcement tactics. This article explores what happened, the constitutional issues at stake, and what Texas business owners should know about their rights.
The Washington Avenue Enforcement Controversy
Bar owners along Houston’s Washington Avenue say they are being unfairly targeted under a city initiative aimed at reducing noise, crime, and DWI incidents. More than ten business owners formed the Houston Hospitality Group after a string of raids and temporary shutdowns affected bars including Luxx, Zen Lounge, and Sidebar.
In one high-profile case, Sidebar owner Seyed Ghoreishi was arrested in May for allegedly violating sanitary laws — a charge that typically results in a written citation rather than an arrest. Ghoreishi spent nearly two days in jail before the Harris County District Attorney’s Office dismissed the charge for lack of probable cause.
The Zendeh Del & Associates, PLLC Team
Jonathan Zendeh Del’s Legal Perspective
Although not representing Ghoreishi, attorney Jonathan Zendeh Del, a Galveston-based criminal defense lawyer and law professor, reviewed the proceedings and called the arrest “unusual.”
“Typically, if a business is cited for a sanitation concern, the city issues a notice or a fine and gives the establishment time to correct the issue,” Zendeh Del told the Houston Chronicle. “It’s not something that normally results in someone being handcuffed and taken to jail.”
Zendeh Del noted that the rapid dismissal of the charge raises questions about whether the city’s actions were legally sound. If similar businesses elsewhere in Houston are treated differently, it could amount to selective enforcement, a violation of constitutional equal-protection principles.
Understanding Selective Enforcement Under Texas Law
Under both federal and Texas law, selective enforcement occurs when the government applies laws unevenly, targeting one group or area while ignoring similar violations elsewhere. This can violate the Fourteenth Amendment and Article I, Section 3 of the Texas Constitution.
Proving selective enforcement typically requires showing that:
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The law was enforced against certain individuals or businesses while others were ignored.
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The decision to enforce was based on arbitrary or discriminatory reasons.
If proven, such actions could lead to dismissal of charges or civil rights claims against the enforcing authority.
Case Results
Implications for Texas Business Owners
The Washington Avenue case underscores how municipal enforcement—when overly aggressive—can cross the line between public safety and unconstitutional overreach. Businesses accused of code or licensing violations should:
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Request all inspection records and warrants.
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Consult an attorney immediately before providing statements or signing citations.
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Document differences in how other businesses are treated.
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Challenge improper arrests through motions to suppress or civil remedies.
The Balance Between Public Safety and Civil Rights
Houston’s initiative aims to reduce noise and late-night disturbances, yet the arrests and shutdowns have sparked a broader debate about fairness in law enforcement. As Zendeh Del emphasized, ensuring safety must never come at the expense of constitutional protections.
For Texas business owners, this episode serves as a reminder that due process and equal treatment under the law remain core rights — even in the face of citywide crackdowns.
Speak With a Trusted Galveston Criminal Defense Attorney Today
If you believe your business or personal rights have been violated during a police investigation or city inspection, contact Zendeh Del & Associates PLLC today. Our experienced attorneys represent clients throughout Galveston and the Greater Houston area in cases involving criminal charges, DWI arrests, and constitutional violations. Call now for a free consultation and protect your rights.