Chicago club was told to close second floor

21 killed in rush down staircase for exit. CHICAGO, Illinois (CNN) -- The owner of a building where 21 people died early Monday in a stampede from a second-floor nightclub was under court order not to use the second floor because the structure didn't meet city building codes, Chicago officials said late Monday. "The owner knows damn well that he is not to open that second-floor facility," Chicago Fire Commissioner James Joyce said. But the owner's attorney disputed that charge, saying that an agreement reached in October between the club, called E2, and the city allowed it to operate, as long as a lounge on the north side of the building remained closed. The attorney, Andre Grant, said the club's operations were "open and well-publicized" and that the city was "100 percent aware" that it was being used. City officials plan to seek criminal contempt charges against the building's owner, Lesly Motors, possibly as soon as Tuesday, said Dorthy Capers, a city attorney. In July 2002, Motors and the holder of the building's liquor license, Le Mirage Inc., were ordered not to use the second floor after city inspectors cited the establishment for 11 building code violations. The dispute triggered three court hearings, Capers said. Joyce said the violations included "shoddy" rehabilitation work, and stairwells and exit lights that were not up to code. Twelve woman and nine men, ranging in age from 21 to 43, died in the crush of people trying to exit down a fight of stairs from E2, in the city's Near South Side neighborhood. More than 50 people were injured. Police Superintendent Terry Hillard said the exact number of injured cannot be determined because some victims apparently sought treatment on their own. CNN has obtained a copy of a letter sent to the nightclub two months ago from leaders of a community organization called Bringing About Reform, who complained about "extreme overcrowding" in E2 that might be "catastrophic." "You must not sacrifice human beings for profit," the letter said. Witnesses said hundreds rushed for the door about 3 a.m. (4 a.m. EST) after security guards used pepper spray and Mace to break up a fight between two female patrons. When some of the patrons began to vomit or pass out -- apparently from the chemical fumes -- the crowd scrambled to get down the club's single open staircase leading outside.

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