DALLAS (CN) - A neighboring restaurant has filed the first lawsuit against the Twin Peaks restaurant in Waco where a deadly shootout between rival biker gangs broke out on Sunday.
Don Carlos Restaurant and Waco-based franchisee DC Waco Restaurant, Inc. sued Peaktastic Beverage, LLC, which does business as Twin Peaks Restaurant, Addison-based corporate parent Front Burner Restaurants GP, LLC, and Twin Restaurant Investment Co., LLC in county court on Thursday.
The plaintiff claims Twin Peaks "disregarded basic common sense and ordinary prudence" by inviting the armed rival gang members to a meeting where alcohol was served.
"Twin Peaks has been repeatedly warned by law enforcement that such meetings were not wise, and that violence could likely result," the eight-page complaint states. "This was part of a nationwide program by the corporate franchisor that encouraged such events. Because of decisions that defy common sense, not only has the Twin Peaks lost its liquor license and franchise rights, but nine people are dead and at least 18 are wounded."
The plaintiff argues it has suffered "as further fallout from these imprudent and unreasonable decisions." It has yet to open since the shootout, saying police closed businesses immediately surrounding Twin Peaks.
"Patrons of plaintiff's place of business were trapped inside the establishment as thousands of bullet rounds were fired by law enforcement officials and gang members," the complaint states. "Law enforcement agents used plaintiff's porch and surrounding walls to protect themselves from incoming fire. At least four cars in the parking lot of plaintiff's place of business now have multiple bullet holes in them."
Waco police have also criticised the Twin Peaks' Waco management for being uncooperative leading up to the shooting. Several armed police officers were present in the restaurant's parking lot in anticipation of trouble.
The plaintiff says the Twin Peaks location is a "known destination" for motorcycle clubs and gangs due to its sponsored events.
"Twin Peaks, through its operating partner, Jay Patel, hosted a special event on Sunday, May 17, 2015, for the biker clientele deemed the 'Texas Region 1 Confederation of Clubs and Independents Meeting,'" the complaint states. "This meeting was promoted by Twin Peaks through targeted advertisements, including photos of scantily-clad dressed women holding various firearms."
Twin Peaks franchisor spokesman Rick Van Warner declined to comment on the lawsuit.
"Since we have yet to be served and have not seen lawsuit, it would be inappropriate to speculate at this time," Van Warner told Courthouse News on Thursday.
Touting itself as the "ultimate sports lodge," Twin Peaks sells comfort food and cold beer served by scantily-clad "Girl Next Door" waitresses, according to its website.
It operates over 70 locations in 23 states.
Don Carlos Restaurant seeks over $1 million in actual damages in lost profits and punitive damages for negligence and gross negligence. It is represented by Anthony G. Buzbee in Houston.
Don Carlos Restaurant and Waco-based franchisee DC Waco Restaurant, Inc. sued Peaktastic Beverage, LLC, which does business as Twin Peaks Restaurant, Addison-based corporate parent Front Burner Restaurants GP, LLC, and Twin Restaurant Investment Co., LLC in county court on Thursday.
The plaintiff claims Twin Peaks "disregarded basic common sense and ordinary prudence" by inviting the armed rival gang members to a meeting where alcohol was served.
"Twin Peaks has been repeatedly warned by law enforcement that such meetings were not wise, and that violence could likely result," the eight-page complaint states. "This was part of a nationwide program by the corporate franchisor that encouraged such events. Because of decisions that defy common sense, not only has the Twin Peaks lost its liquor license and franchise rights, but nine people are dead and at least 18 are wounded."
The plaintiff argues it has suffered "as further fallout from these imprudent and unreasonable decisions." It has yet to open since the shootout, saying police closed businesses immediately surrounding Twin Peaks.
"Patrons of plaintiff's place of business were trapped inside the establishment as thousands of bullet rounds were fired by law enforcement officials and gang members," the complaint states. "Law enforcement agents used plaintiff's porch and surrounding walls to protect themselves from incoming fire. At least four cars in the parking lot of plaintiff's place of business now have multiple bullet holes in them."
Waco police have also criticised the Twin Peaks' Waco management for being uncooperative leading up to the shooting. Several armed police officers were present in the restaurant's parking lot in anticipation of trouble.
The plaintiff says the Twin Peaks location is a "known destination" for motorcycle clubs and gangs due to its sponsored events.
"Twin Peaks, through its operating partner, Jay Patel, hosted a special event on Sunday, May 17, 2015, for the biker clientele deemed the 'Texas Region 1 Confederation of Clubs and Independents Meeting,'" the complaint states. "This meeting was promoted by Twin Peaks through targeted advertisements, including photos of scantily-clad dressed women holding various firearms."
Twin Peaks franchisor spokesman Rick Van Warner declined to comment on the lawsuit.
"Since we have yet to be served and have not seen lawsuit, it would be inappropriate to speculate at this time," Van Warner told Courthouse News on Thursday.
Touting itself as the "ultimate sports lodge," Twin Peaks sells comfort food and cold beer served by scantily-clad "Girl Next Door" waitresses, according to its website.
It operates over 70 locations in 23 states.
Don Carlos Restaurant seeks over $1 million in actual damages in lost profits and punitive damages for negligence and gross negligence. It is represented by Anthony G. Buzbee in Houston.