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Roxy's Pub West Palm Beach FL Civil Lawsuit - The Sex Video
- 1. Lawsuit against Roxy’s Pub in West Palm Beach, FL Owner of Roxy’s: John Webb
- 3. Audra O’Neill and Bailey Vaughn vs. Roxy’s Pub Case Number: 502018CA003541XXXXMB Division: AJ Jurisdiction: Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida, Civil Division Suit name: Audra O’Neill and Bailey Vaughn, Plaintiffs, vs. ROXY’S PUB, LLC, a foreign corporation and UTEX94, LLC, a Florida Business d/b/a ROXY’S PUB, Defendants.
- 4. Roxy’s Pub Owned by UTEX94, LLC, a Florida Limited Liability Company Located at 309 West Clematis Street, West Palm Beach, Florida (561) 296-7699 https://roxyspub.com
- 5. Damages The lawsuit is for damages in excess of $15,000.
- 6. Plaintiffs Audra O’Neill - lives in Tennessee She was a 19 year old minor weighing about 110 pounds Bailey Vaughn - lives in Miami, Florida She was a 19 year old minor weighing about 125 pounds Both women were under 21 at the time of the incident
- 7. More about Roxy’s Two level drinking establishment Restaurant and bar on the first floor Nightclub / rooftop bar on the second floor Their recruiting pitch: “If you’re seeking to … work well in a non-supervised environment, then you’ve come to the right place.”
- 8. The Alcohol
- 9. First floor restaurant/bar The two plaintiffs went to Roxy’s on Saturday, October 15, 2017. First, the girls were at the restaurant/bar on the first floor. They each drank three drinks Roxy’s didn’t ask the girls for their IDs
- 10. Personal escort to the upstairs nightclub A Roxy’s employee who knew the girls were underage put their drinks into plastic cups and personally escorted them to the upstairs nightclub, past an employee who was supposed to be checking IDs. Under local ordinance, no one under 21 is allowed in the upstairs nightclub
- 11. Free drinks upstairs Roxy’s gave the two underage girls two free drinks upstairs at the nightclub. This makes their total drink count: 5 each. Remember, they weighed 125 and 110 pounds, respectively.
- 12. Harm and damages Roxy’s providing alcohol to the underage girls was the factual and legal cause of the harm and damages that the lawsuit is about. The girl’s choice to drink alcohol and whatever bad decisions they made under the influence is legally irrelevant.
- 13. The sex video
- 14. Inappropriate quid pro quo for free alcohol When the upstairs bartender gave the girls their second free drink, he said “Maybe you’ll show your tits later.” The girls remember nothing between their second upstairs drink and the next morning.
- 15. Recorded sex acts Later that night, at least three Roxy’s employees made videos of the girls getting naked and performing sex acts with each other on the Roxy’s dance nightclub dance floor.
- 16. Posted to Facebook On Sunday, Roxy’s posted a very graphic 10 minute sex video of the girls on the Roxy’s Facebook page. The caption for the video: “This is how we do it at Roxy’s!”
- 17. Miami Herald story On Monday, October 17, 2017, the Miami Herald published a story about the incident. “A super-graphic video that popped up on social media is showing beefy dudes sporting the Irish pub’s security T-shirts standing around and watching as two buck-naked women perform sex acts on one another and patrons early Saturday.”
- 18. Miami Herald story, continued “And it clearly depicts acts that are illegal in public spaces, even in the dirtiest, most degenerate strip clubs. To put it mildly and classily, the women are wearing only their shoes when they decide to go to town in full view of everyone on Roxy’s rooftop dance floor.”
- 19. Miami Herald story, continued “Of course, the video shows the patrons of the Clematis pub appeared to enjoy it thoroughly. At one point a little guy, fully dressed thankfully, tries to join in and places himself on the bent-over blonde’s bare bottom but pathetically takes a backwards spill.”
- 20. The video also shows: - The two underage girls lying down kissing with their clothing on simulating sex acts on each other. - The crowd forming a circle around the two underage girls. - One of the girls puts her mouth between the other girl’s legs and simulates oral sex through clothing.
- 21. The video also shows (continued): - The dark haired underage girl completely removes her shirt to expose her bare breasts and the blonde underage girl pulling her pants down so that she is nude from her waist to her upper thighs. - When the underage blonde women completely removes her shirt and pulls her pants down even further, the DJ exclaims: “Oh my God, it’s just now fucking [inaudible] …” - A man in the crowd spanking a naked butt. - A woman in the crowd spanking a naked butt.
- 22. The video also shows (continued): - While the naked intoxicated underage girls are touching one another sexually, the Roxy’s DJ announces: “Alright, first off, this is what I need; I need everybody to be as freaky as they want to be!!!” - A Roxy’s employee completely pulling a girl’s pants off with his left hand while recording video with his cell phone in his right hand. The same man is later seen placing his phone very close to the naked girl’s butt to get a bent over “close-up” of her. - After that, both girls are on the ground totally naked and one is kissing the other’s vagina.
- 23. The bottom line Roxy’s employees allowed the girls to be touched sexually by both male and female patrons...people who apparently felt free “to be as freaky as they wanted to be.” As a matter of fact and law, publishing sexually explicit images of other people on the Internet without their consent, for no legitimate purpose, is done with the intent of causing substantial emotional distress to the depicted person. (784.049 Fla. Stat.)
- 24. The bottom line, continued As a matter of fact and law, when sexually explicit images are posted to the Internet, they can be viewed indefinitely worldwide and can easily be reproduced and shared. (784.049, Fla. Stat.)
- 25. The video on the Internet Roxy’s uploaded the sex video to the Roxy’s Facebook page on October 16, 2017. The video was viewed at least 53,239 times. The sex video Twitter feed that Roxy’s posted on Facebook got 47,200 views. The sex video was uploaded to PornHub.com in October 2017, where it was viewed at least 3,066 times. The sex video was uploaded to iPorntv.net in November 2017, where it has been viewed 2,973 times.
- 26. The litigation
- 27. Count I - Outrage On October 15, 2017, a Roxy’s employee secretly put an illegal drug or pharmaceutical (more likely than not MDMA, also called Ecstasy or Molly) in alcohol that they unlawfully furnished to the girls without the girls’ permission and without either knowing that she was being dosed by Roxy’s employees. MDMA is often used in sexual assault because the drug is tasteless and presents no immediate warning signs.
- 28. Count I - Outrage, continued As a result of the MDMA slipped into their drinks without their knowledge or consent, both girls became extremely intoxicated and experienced unnaturally high levels of dopamine and serotonin. The spike in dopamine caused euphoria. The spike in serotonin triggered hormones to increase sexual arousal and reduce inhibition.
- 29. Count I - Outrage, continued The effects of the drugs and alcohol given by Roxy’s, combined with the increases in disinhibition and sexual desire caused by the drugs and alcohol given by Roxy’s, removed the girls’ ability to give a reasoned consent, turning them into sex slaves for a night at Roxy’s.
- 30. Count II - Violation of §768.125 Under §768.125, Florida Statutes, a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age may become liable for harm caused by or resulting from the intoxication of such person. Roxy’s violated §768.125 because its agents knowingly sold and furnished alcohol to the two minor girls.
- 31. Count III - Negligence Per Se Roxy’s, in conducting its behavior described here, was negligent per se due to its violation of the following West Palm Beach Code of Ordinances: - Sec. 6-5(a) - Sec. 6-10(3) - Sec. 6-10(4) - Sec. 6-10(5)
- 32. Count IV - Negligent mode of operations Separate from the dangerous conditions created by Roxy’s staff when the alcohol was furnished, the drugs were administered, and the videos were made again and published, Roxy’s was negligent in their mode of operation. They were negligent in their mode of operations for failing to create policies that should have prohibited all the behavior described here by Roxy’s employees.
- 33. Conclusion
- 34. Plaintiffs demand WHEREFORE, Plaintiffs demand a jury trial and judgment for damages against Roxy’s, and for all just and proper relief.
- 35. Attorneys for the plaintiffs The Liquor Law Center Sarasota, Florida Jeffrey A. Luhrsen, Esq., L.L.M., Trial Advocacy Florida Bar Number: 0990418