Chicago's landmarks commission denies demolition permit for E2 nightclub building

Despite emotional testimony from family members of the E2 nightclub tragedy, Chicago 's Commission on Landmarks has determined the building on South Michigan Avenue cannot be demolished.

While the building itself does not carry landmark status, the district it's located in does. Preservationists say it contributes to Motor Row and, for that reason, cannot be knocked down. But the attorney for the building's owner says they are getting mixed messaging from the city.

In March, owner Randy Shifrin received a letter from the Department of Buildings deeming the site unsafe. That's when he applied for a tear-down permit. The landmarks commission stepped in and stopped it while they reviewed the situation. But on Thursday, their decision was made final.

It leaves some family members of the E2 nightclub tragedy devastated, as the building is where a stampede in 2003 took the lives of 21 people.

The building's current owner had hoped to build affordable housing with a memorial for each victim, on each floor of the tower. But his attorney says they are now back at square one.

"They're asking that we be fined up to $2,000 every day that the building stays in the condition that it's in, but they won't give us a permit to knock the building down to abate any of the fines," said Howard Brookins Jr., attorney. "We cannot be the referees for the city in an internal fight. Either we're going to knock it down or we're not going to knock it down, but you are hazing us and my client is out of a lot of money at this particular time."

Fox 32 is awaiting a response from the Department of Buildings.