A petition filed late Tuesday to block the reopening of DC9 was denied by an appeals court, clearing the way for the club to reopen Wednesday night.
But even though the bar said it would reopen on its website, it didn't happen.
NBC Washington's Craig Melvin tweeted the news Wednesday night.
"According to its website, DC 9 bar was set to open tonight. With 3 minutes to go, there are no lights on....inside or out."
A new opening date of Friday has been posted on the DC9 website.
DC9 was closed by D.C. police after four employees and a co-owner were accused in the beating death of Ali Ahmed Mohammed near the Ninth Street NW bar. ABRA suspended DC9's liquor license on Oct. 19 but ruled two weeks ago it can open again today with some restrictions:
- The bar installed more than a dozen surveillance cameras.
- Background checks were run on bar employees, who also received security training.
- Also, police will be employed as security as part of the police department's reimbursable detail program.
- And the five suspects in the case are no longer employed by the club.
Mohammed, 27, of Silver Spring, Md., was kicked and beaten about a block from the bar at about 2:30 a.m. Oct. 15, police said. He was denied entry into the DC9 nightclub after closing and allegedly threw a rock or a brick through the club's window. Witnesses and police said the man was then chased down by the five suspects, who were inside the club at the time. Lawyer Andrew Kline has argued that when the five chased Mohammed, they were making a legal citizen's arrest.
Police said Mohammed was tackled and beaten. He was barely conscious when police arrived, and he died at Howard University Hospital less than an hour later.
The co-owner and four employees each were originally charged with second-degree murder, but charges were reduced to aggravated assault before being dropped because there was insufficient evidence gathered ahead of a preliminary court proceeding. Charges could be refiled.
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