La Res attorney: Surprised by ABC Commission’s rejection

On Oct. 14, the ABC Commission rejected the offer of compromise from La Residence in favor of a stronger punishment. The rejected proposed settlement was for either a $5,000 fee or a 50-day suspension of the restaurant’s ABC permits.

He’s Not Here and La Residence are two bars where police say Chandler Kania purchased alcohol underage before causing a head-on collision in July, killing three people.

Syd Alexander, the attorney representing La Residence, said he was very surprised by the rejection of the offer of compromise.

“Kania’s name does not appear as having bought alcohol,” he said.

He said he had negotiated with the attorney for the ABC Commission, Tim Morse, who recommended the rejected compromise.

“The offers are not final until they are ratified by the Commission,” said Agnes Stevens, spokesperson for the ABC Commission, in an email. “Usually they are ratified without further changes after they are signed. But (rejection) can happen.”

La Residence and the ABC Commission are in further conversations now, and Alexander said he is not concerned that La Residence could lose their ABC permits.

“We are not in the same situation as He’s Not,” Alexander said.

The offer for He’s Not is for the business to surrender their ABC permits. The case will likely be handled by an administrative law judge, Stevens said earlier this month.

“The case has not been scheduled, but I assume it will be heard next year,” wrote William Thomas and Jay Ferguson, the attorneys for He’s Not, in an email.

In a prepared statement by the law firm, Thomas and Ferguson said they do not think He’s Not violated any of the ABC Commission’s laws.

“After a careful evaluation of the applicable law and the facts involving the tragedy of July 19, we do not believe our client was in violation of the ABC laws,” they said in the statement. “Each and every person who purchased or consumed alcohol from He’s Not Here produced identification confirming they were of legal age. Subsequent investigation revealed the identifications used by Mr. Kania and others in his party were fraudulent. The identifications all appeared to be valid and were accepted at other businesses as well.”

The statement concluded by saying He’s Not has, and will continue to, obey all ABC Commission laws and regulations.

In addition to the ABC cases against them, La Residence and He’s Not were also named in a September lawsuit by Shanice Beard, mother of Jahnice Beard, 6 — one of the victims of Kania’s head-on collision.

The lawsuit names the two businesses as having negligent owners and is seeking punitive and compensatory measures. There were also two other wrongful death lawsuits issued against Kania and his parents.

“Those lawsuits are in the early process of the paperwork,” Alexander said.

@erin_kolstadcity@dailytarheel.com