Local bar faces sanctions due to nuisance petition
August 22, 2014
The Palms Bar and Grill risks having its liquor license revoked as the result of a nuisance petition issued by the city of New Orleans.
According to Management Development Analyst for the Clerk of Council Office Chris Roberts, the petition was filed against the bar after a woman said she was raped by two men on the premises on March 19. One of the men was identified as off-duty Palms employee and former Loyola senior Jonathan Cepelak, although charges against him were later dropped.
The petition submitted by Deputy City Attorney Mark Macnamara cites maintaining or creating a public nuisance and permitting illegal or improper conduct as the bar’s violations. The document cites the March 19 sexual assault as the primary complaint and accuses The Palms of providing inadequate security measures to protect its patrons from such an occurrence.
After being deferred from the May, June, July and August dockets, the issue is scheduled to be heard at next month’s Alcoholic Beverage Control Board nuisance hearing on Sept. 16. According to Vice Chairman of the Alcoholic Beverage Control Board Nyka Scott, the matter was deferred to September because the city is in the process of amending its petition against the Palms.
Scott said that when the case is presented to the Alcoholic Beverage Control Board, the proceedings will function much like a trial.
“We literally have to just weigh the evidence that is put before us, then make a decision as to whether the bar is a nuisance. If it is, then we have to decide the penalty,” Scott said.
Some Loyola students have expressed concern with The Palms’ management and the safety of its patrons.
“If The Palms stays open, it wouldn’t surprise me if some sort of sexual harassment or assault happened again,” Jenelle Parks, music industry senior, said. “Maybe The Palms doesn’t need to be shut down, but new management is obviously necessary.”
Still, other students assert that The Palms should not be held accountable for the actions of its patrons.
“Businesses and institutions can’t make decisions or actions, only people can. Shutting down The Palms doesn’t solve any crimes or punish any rapists,” Jordan Hillman, finance senior, said.
Roberts says that in addition to the usual slate of board members and attorneys present at the hearing, it is “almost certain” that the police officer dispatched to handle the March 19 sexual assault will be sworn in to testify.
If the Alcoholic Beverage Control Board does not opt to revoke The Palms’ liquor license, there are several potential sanctions that they could impose on the bar instead. These penalties range from mandating the posting of a security guard on the premises to issuing a fine between $50 and $500.
Roberts says that is unlikely the sanctions will be decided at the Sept. 16 hearing, as it often takes several months for the board to make a decision in difficult cases.