1.
Lawsuit against Roxy’s Pub
in West Palm Beach, FL
Owner of Roxy’s: John Webb

2.
Lawsuit overview

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