City Attorney Updates

FOR IMMEDIATE RELEASE
August 3, 2009

Court/Case number: Civil District Court # 09-2268

City Attorney Update: June 30, 2009

Court/Case number: Civil District Court # 09-2268

Court Ruling: Civil District Court on May 28, 2009 affirmed the decision in the matter entitled Rhythm City Entertainment v. City of New Orleans, et. al. 09-2268

Case Summary: Petition brought by the City to revoke the Alcohol Permit against Club Rocafella for the reason that during the last two years, Club Rocafella allowed patrons to slash others with cutting instruments inside the establishment, causing not only serious injuries to the victims, but also causing a melee to breakout inside the establishment. Additionally, on April 7, 2008, Club Rocafella allowed a patron in the establishment with a gun who then shot and seriously injured two victims inside the establishment. Furthermore, the crowds of patrons which patronize the establishment negatively impact the neighborhood by the increased parking and crowds in the area, causing an increase in vandalism and nuisance violations not only on nearby neighbors and the university, but also to the vehicles of patrons who visit the establishment. The City sought to revoke the establishment’s license. After a full hearing before the Alcoholic Beverage Outlet Board, the establishment’s liquor license was revoked. An appeal was ultimately filed by Rocafella and was granted a temporary restraining order until trial was held in Civil District Court. On May 8, 2009, the case was heard in front of the Honorable Madeline Landrieu, to review the decision of the ABO Board. Accordingly, Judge Landrieu affirmed the decision of the Board, finding that the Board was not act arbitrary and capricious in revoking Rocafella’s liquor license.

Nolan P.Lambert-Chief Deputy City Attorney
Eraka V. Williams-Assistant City Attorney
ABO Prosecutors

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