Considering A Dram Shop Case Against El Profe Cantina? Here's What You Need To Know
I've been holding bad bars accountable for over-serving their customers for 30 years. The hundreds of cases I've handled have shown me over and over just how rampant this practice is, not to mention the tragedies that it so often leaves in its wake. While the public might see or hear about a drunk driving accident from time to time, it doesn't tend to hear as much about the role irresponsible bars play in those accidents. In order to draw more attention to this issue, I dedicate a portion of my time to researching the Texas Alcoholic Beverage Commission's complaint database and reporting my findings here on my website. If you think you might have a dram shop (liquor liability) case, don't hesitate to call me at (855) 326-0000.
El Profe Cantina is a bar located in El Paso, Texas. In its relatively short history, it has managed to establish a strong client base, but it has also had its share of bad press. In 2019, we featured an article about a fight that occurred outside the bar that left a man hospitalized with serious injuries. That same year, the TABC also investigated El Profe Cantina on four separate occasions due to complaints that alleged the bar violated state liquor laws.
In my experience, it is uncommon for a bar without a history of run-ins with the TABC to end up on the hook for contributing to a wrongful death or injury. Virtually every bar I have ever sued was already on the authorities' radar. That's why I pay close attention to bars with several recent complaints against them. The more investigations a bar has had, the greater my concern is that it could one day contribute to an accident.
Note: Investigations are not evidence that a bar has broken the law. Investigators must have sufficient proof that there was a violation of TABC regulations in order to take legal action. Owing to the nature of liquor law violations, that proof can often be difficult for authorities to obtain. The purpose of this article is simply to relay publicly-available information about incidents where the TABC has investigated El Profe Cantina for possible criminal or administrative violations.
TABC Investigations of El Profe Cantina In 2019
El Paso - 2720 N Mesa Street Suite B
Allegations:
On 01/22/2019, a concerned citizen filed a complaint with TABC, alleging that the bar allowed a minor to possess or consume alcohol.
For most liquor law violations, TABC needs either video footage of the incident or eyewitness evidence from one of its agents in order to issue a citation. In this particular instance, it had neither. Unable to take any further action, authorities ended their work on the case on 05/02/2019.
The next complaint came from law enforcement on 08/27/2019. This time, the allegations were for a breach of the peace (typically a fight) and selling alcohol to an intoxicated patron.
The ensuing investigation succeeded in finding sufficient evidence for authorities to issues citations for four violations. The first was for a criminal violation for selling alcohol to an intoxicated customer. The other three were classified as administrative violations for a breach of the peace, failure to report a breach of the peace, and selling alcohol to a drunk patron. In spite of issuing four citations, the report does not indicate that authorities handed down any punishment. On 10/18/2019, the case came to an end.
TABC received a second law enforcement complaint on 09/18/2019, claiming that a breach of the peace occurred.
Investigators were able to turn up corroborating evidence and issued two notices for administrative violations: one for a breach of the peace and another for failing to report a breach of the peace. In this case, it appears that authorities again abstained from handing down any punishment for the violations. On 10/22/2019, TABC closed this case.
The very next month, on 10/12/2019, law enforcement filed another complaint with TABC that alleged a breach of the peace took place.
Once again, TABC agents found evidence to back up the claim. They issued two notices of administrative violations for a breach of the peace and a failure to report a breach of the peace, but for some reason, they don't appear to have handed down any penalty. On 10/18/2019, authorities ended their work on the case.
Texas Law Says Accident Victims Can Sue Bad Bars
If you would like to learn more about Texas dram shop law (i.e. lawsuits against bars who play a role in injurious or fatal accidents), please visit our Texas Dram Shop Law Info Page.
