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Receiving No Love, Club Files Suit Against NYPD and SLA

FOR IMMEDIATE RELEASE

NEW YORK CIVIL RIGHTS LAWYER ERIC SANDERS, ESQ., OF THE SANDERS FIRM, P.C., ANNOUNCES THE FILING OF A FEDERAL CIVIL RIGHTS LAWSUIT AGAINST THE NYPD AND STATE LIQUOR AUTHORITY

New York, December 27, 2018, – Several months ago, The Sanders Firm, P.C., was hired to investigate the alleged ‘selective enforcement’ policing practices under the authority of New York State Liquor Authority Investigator Charles A. Stravalle and Deputy Inspector Emmanuel Gonzalez, Commanding Officer of the 72nd Precinct and Special Operations Lieutenant William Meyer related to the KB Venture Group, LLC d/b/a Club Love & Lust 225 47th Street Brooklyn, N.Y. 11220. KB and Jairam’s license is ‘inactive.’ KB and Jairam are seeking monetary damages and an immediate ‘reconsideration and reinstatement’ of its On-Premise Liquor License.

Procedural History

According to lawsuit, Jairam and KB were served a notice of violations dated from November 6, 2016, through April 17, 2017. The SLA scheduled a hearing on May 17, 2017, to adjudicate these charges.

According to the recommendation of SLA Administrative Law Judge Craig Porges, on October 31, 2017, the Court started receiving alleged ‘evidence’ against Jairam and KB.  

Simultaneously, on October 31, 2017, nearly a century after its passage during the height of Prohibition, New York City’s antiquated Cabaret Law has been repealed. According to the statutory history, the Cabaret Law enacted in 1926 authorized the government to patrol speakeasies, bars, clubs and restaurants which prohibited social dancing without a Cabaret License throughout the city. According to the lawsuit, SLA ALJ Porges recommendation did not analyze the legal issue regarding ‘selective enforcement’ the cabaret law versus the public assembly law. More importantly, according to the lawsuit, the ALJ did not ‘judicially notice’ the fact that on October 31, 2017, the city repealed the law and request further evidence from the SLA about whether that results in a voluntary withdraw of those charges or dismissal ‘in the interests of justice.’ If not, direct the parties to submit legal briefs addressing this issue, according to the lawsuit.     

Prior to its repeal, throughout the city there were only 97 cabaret license holders out of approximately 25,000 bars, clubs and restaurants. Historically, cabaret licenses were notoriously expensive and time-consuming to obtain. The applicant, were subjected to a great deal of government scrutiny, including fingerprinting and registering of all employees. Unfortunately, known as the ‘Black Law’ an analysis of the language clearly indicates the cabaret law banned certain music, such as brass and wind instruments, that were associated with jazz music and the Black culture.

On December 11, 2017, according to the recommendation of ALJ Porges, the Court received alleged ‘evidence’ against Jairam and KB regarding becoming a ‘focal point for police attention’ and ‘failing to exercise adequate supervision’ over the conduct of the licensed business.

Subsequently, according to the recommendation of ALJ Porges, on December 14, 2017 and February 1, 2018, the Court received further alleged ‘evidence’ against Jairam and KB regarding violating the cabaret law, becoming a ‘focal point for police attention’ and ‘failing to exercise adequate supervision’ over the conduct of the licensed business.

According to the lawsuit, on March 5, 2018, ALJ Porges made a recommendation to the SLA Board consisting of Chairman Vincent G. Bradley and Commissioners Lily M. Fan and Greeley Ford to sustain four (4) charges, (5) charges not sustained. The ALJ sustained (2) charges related to the cabaret law and the remaining (2) relate to becoming a ‘focal point for the police’ and failure to exercise ‘adequate supervision’ over the licensed business.

On April 18, 2018, the SLA Board accepted the ALJ’S recommendation. On May 16, 2018, the Board denied Jairam and KB’S motion for reconsideration. On May 30, 2018, through new counsel, Jairam and KB motioned the SLA Board for reconsideration related to ‘selective enforcement.’ According to the lawsuit, the SLA never responded Jairam and KB’S motion for reconsideration related to ‘selective’ enforcement.’

Analysis

According to the lawsuit, after a careful reading of the ALJ’S recommendation indicates Jairam and KB’S due process were violated. Notwithstanding the fact, these charges were not adjudicated in a timely manner, so as to disadvantage Jairam and KB there is absolutely no sound legal analysis regarding critical legal issues in this matter, according to the lawsuit.

From the outset, according to the lawsuit, the ALJ should have not sustained Charges 5 and 6. The ALJ failed to protect the due process rights of Jairam and KB. According to the lawsuit, the ALJ failed to ‘judicially notice’ the fact that on October 31, 2017, the city repealed the cabaret law and to request further evidence from the SLA about whether that results in a voluntary withdraw of those charges or a dismissal ‘in the interest of justice.’

Second, according to the lawsuit, the ALJ should not have sustained Charges 7 and 8. According to the lawsuit, the ALJ failed to protect the due process rights of Jairam and KB. Based upon the ‘evidence,’ the ALJ did not sustain Charges 1 through 4 and 9. Yet, according to the lawsuit, the ALJ used the same ‘evidence’ to sustain Charges 7 and 8.

“Frankly, Jairam and KB are seeking an immediate ‘reconsideration and reinstatement’ including a criminal investigation into the alleged ‘selective enforcement’ policing practices of the NYPD and SLA and other actors in the ‘scheme’ to perpetuate a fraud upon the courts to ‘benefit’ themselves and other actors with overtime, organizational donations, gifts and other pecuniary gains,” Eric Sanders said.

Eric Sanders, Esq., of The Sanders Firm, P.C., filed the federal complaint with the United States District Court for the Eastern District of New York, Docket No.: 18 cv 7003 on December 10, 2018.

ABOUT THE SANDERS FIRM, P.C.

The Sanders Firm, P.C. offers those in the New York City area legal services related and connected to civil rightscivil service rightscriminal law and discrimination. We firmly believe in everyone’s individual rights that are described and guaranteed by the Constitution of the United States of America. We understand that our freedoms and liberties are sacrosanct and that they have been won in many and various hard-fought battles. We are committed in every way to protecting your civil rights. We are your voice for justice!

CONTACT

Eric Sanders, Esq.
President and Owner, The Sanders Firm, P.C.
Business Phone: 212-652-2782

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