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Family of slain Texas biker sues restaurant for negligence
AP via Waco Tribune Herald ^ | July 8, 2015

Posted on 07/08/2015 11:46:00 AM PDT by don-o

On the date of the event, police attempted to enter the restaurant, but were blocked by management. State and local authorities then occupied positions outside the restaurant, including on the rooftop of a neighboring restaurant, Don Carlos, the lawsuit said.

(Excerpt) Read more at wacotrib.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Texas
KEYWORDS: texas; waco
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To: Cboldt

Yes but that is usually limited enforcement scope. Usually the feds can’t use local license issues as a pretext for unauthorized entry.


21 posted on 07/08/2015 12:46:13 PM PDT by taxcontrol
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To: taxcontrol
Beverage control is entirely a state issue, and I think all states have units dedicated to that purpose. The feds have no interest in that, at all. I said I didn't think that was the reason offered in this case, and just mentioned in passing that don-o had a good point about some circumstances where the proprietor has to let the cops in, an items that wasn't on your list.

So, the cops that were denied entry were federal officers?

And what about cops coming in for a donut?

22 posted on 07/08/2015 12:50:45 PM PDT by Cboldt
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To: taxcontrol
Usually the feds can’t use local license issues as a pretext for unauthorized entry.

What feds? It's the Waco PD who claimed that they tried to get Twin Peaks to ban the bikers (which TP denies ever happened.)

23 posted on 07/08/2015 12:52:54 PM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

sigh
Apparently I didn’t make my point clear - never mind.


24 posted on 07/08/2015 12:57:28 PM PDT by taxcontrol
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To: Cboldt

Cops coming in for a donut can be denied just as Starbucks once denied offers entry.


25 posted on 07/08/2015 12:58:19 PM PDT by taxcontrol
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To: don-o

Why doesn’t she sue the cops? Because as everyone here on FR knows, the cops caused this entire scene. /s


26 posted on 07/08/2015 1:06:18 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: taxcontrol
-- Cops coming in for a donut can be denied just as Starbucks once denied offers entry. --

I recall reading about some establishment that denied entry on the basis of the officers being armed. A quick google search shows people being denied entry to Starbucks, with the issue being service dogs.

It's hard to find stories of public establishments denying entry to cops. I'd like to know the details of the allegation in the suit.

27 posted on 07/08/2015 1:07:22 PM PDT by Cboldt
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To: taxcontrol

What would stop the LEO’s from coming as customers even if they are in uniform? I’ve never heard of a law that lets a business open to the public deny LE service?

They could easily sit down, ask for menu and a glass of water, and just scope the place out then change their mind and leave.

It sounds like a discussion about nothing.

Now; where are those videos and reports?


28 posted on 07/08/2015 1:21:56 PM PDT by Boomer (America; love it or leave it. It isn't just a bumper sticker.)
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To: thefactor
That one's easy. Cops have qualified immunity.

And you might temper your smugness, the statute of limitations has a few years to run on this incident, and some cops may well find themselves as defendants.

29 posted on 07/08/2015 1:24:23 PM PDT by Cboldt
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To: Cboldt
And if they deserve it, then I'm all for it.

But the cops asked the restaurant not to hold the gathering, TP held it anyway. The cops tried to enter, TP denied them. Then there was at least one biker execution inside TP. What happened outside we don't know yet.

30 posted on 07/08/2015 1:27:45 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: Cboldt

But, if the police shot the man without cause, how can the restaurant be negligent for not allowing the shooter inside? :)


31 posted on 07/08/2015 1:29:50 PM PDT by Ingtar (Capitulation is the enemy of Liberty, or so the recent past has shown.)
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To: thefactor
Most of the facts in your litany are contested, and that the first "execution" was inside TP has been abandoned, I believe.

-- What happened outside we don't know yet. --

Free the videos!

32 posted on 07/08/2015 1:31:28 PM PDT by Cboldt
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To: don-o

Good find don-o. I also am remiss in failing to thank you for the article about the Weaver couple.


33 posted on 07/08/2015 1:57:00 PM PDT by AMDG&BVMH
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To: don-o
No, that's the basis of the family's lawsuit. To wit:

Twin Peaks recklessly hosted a meeting of motorcycle clubs May 17 after police warned of tensions between two biker gangs, according to the suit filed by the widow of Jesus Delgado Rodriguez, who is seeking unspecified damages and a jury trial.

34 posted on 07/08/2015 2:35:34 PM PDT by Wolfie
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To: don-o

At some point the lawsuit would be available for review online, I’d guess,
but don’t know.

From another article:

http://www.kwtx.com/ourtown/home/headlines/Waco—Slain-Bikers-Family-Files-Lawsuit-Against-Twin-Peaks-312616141.html

snip

The lawsuit, filed July 2 in Dallas County’s 192nd District Court, alleges the shooting
that left nine dead and 18 injured could have been prevented if the restaurant
had heeded warnings from both local and state law enforcement agencies who
warned of a pending showdown between two rival biker gangs.

... The lawsuit points out that Twin Peaks, at both the corporate and local levels, had
encouraged meetings of riders and even hosted “bike night” on Thursday at the Waco location.

It also says Waco police had warned Twin Peaks management that hosting such an event as the
Texas Confederation of Clubs and Independents, which was to take place at the restaurant on
May 17, could result in undue safety and security concerns for both patrons and restaurant employees.
end snip


35 posted on 07/08/2015 3:10:32 PM PDT by deport
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To: Boogieman

FYI


36 posted on 07/08/2015 3:52:55 PM PDT by TexasGator
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To: taxcontrol

“Cops coming in for a donut can be denied just as Starbucks once denied offers entry.”

Just not gay cops. Now you had better make them the damn donut, or the Supreme Court will hear about it!


37 posted on 07/08/2015 4:00:34 PM PDT by Boogieman
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To: Boogieman

HA! Good one!


38 posted on 07/08/2015 4:29:02 PM PDT by AMDG&BVMH
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To: thefactor; Wolfie

Most often its the governmental jurisdiction that employs the police which gets sued rather than the department or individual officers.

This lawsuit supports the Waco police version and indicates the family doesn’t consider them negligent in the death of Jesse Rodriguez.

Since he was a Bandido supporter and wore their colors, Rodriguesz was most likely gunned down by a Cossack or one of their supporters.


39 posted on 07/08/2015 7:56:19 PM PDT by mac_truck (Aide toi et dieu t aidera)
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To: mac_truck

So your stated position is now that all of the law enforcement personnel are somehow Cossack supporters.


40 posted on 07/08/2015 10:16:27 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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