Considering A Dram Shop Case Against Sherman Elks Lodge #2280? Here's What You Need To Know
For three decades, I've been holding bars accountable for over-serving alcohol. In the hundreds of cases I've handled, I've seen just how widespread irresponsible alcohol service is, as well as the tragedies that often follow in its wake. While people might see or hear about drunk driving accidents from time to time, rarely do they hear about the role that reckless bars play in those accidents. In order to draw more attention to this issue, I dedicate a portion of my time to investigating the Texas Alcoholic Beverage Commission's complaint records and reporting my findings here on my website. If you believe you may have a dram shop claim, please call my office at (855) 326-0000.
Sherman Elks Lodge #2280 is a fraternal organization located in Sherman, Texas. In recent years, it has attracted the attention of the TABC due to allegations of liquor law violations. Between 2017 and 2018 alone, authorities conducted three separate investigations into the organization's alcohol service practices.
In my experience, it's 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 proof of wrongdoing. However, if authorities investigate and fail to find evidence of a violation, it doesn't necessarily mean an establishment is innocent, either. The purpose of this article is simply to relay publicly-available information about incidents where the TABC has investigated Sherman Elks Lodge #2280 for criminal or administrative violations.
TABC Investigations of Sherman Elks Lodge #2280 Between 2017 and 2018
Sherman - 1313 Hwy 1417 East
Allegations:
On 01/24/2017, a concerned citizen filed a complaint with the TABC, alleging that staff sold alcohol to an intoxicated person.
Authorities looked into the matter shortly thereafter. For most liquor law violations, the TABC requires either video footage of the incident or eyewitness testimony from one of its agents in order to take action. Having neither in this investigation, authorities decided to close the case on 03/09/2017.
A member of the Sherman community reached out to the TABC on 05/09/2017, claiming that staff was drinking on the job, sold alcohol to a drunk customer, and that a breach of the peace (typically a fight) occurred.
Upon investigation, authorities were able to confirm that staff was drinking on the job and sold alcohol to a drunk person, both of which they classified as administrative violation. After handing down unspecified penalties, the TABC closed the case on 05/14/2017.
Law enforcement contacted the TABC on 06/27/2018, claiming that a breach of the peace took place and that staff failed to report it (a separate violation in itself).
The ensuing investigation was able to confirm that staff failed to report a breach, which authorities classified as an administrative violation. After handing down an unspecified penalty, the TABC concluded its work on the case on 07/19/2018.
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.
