Attorney: Off The Traxx to face negligent-security lawsuit after fatal shooting inside bar
The lawyer representing the grieving family of the man who was killed inside Off The Traxx Sports Bar & Grill said he will sue the establishment within the next week or two, claiming negligent security.
Alain Noel, 34, a Palm Bay registered tax preparer, was fatally shot when gunfire erupted inside the bar about 1:10 a.m. March 6. Melbourne police said Off The Traxx was reportedly near capacity at about 350 patrons.
“They know that there’s violence at their club. Whether it’s guns, knives, fists, Off The Traxx was aware explicitly that there was serious violence — and they did nothing to curb that violence and did not protect their patrons," Palm Bay attorney Daniel Martinez said.
"And now, an innocent patron is dead. It’s that simple," he said.
Melbourne police continue investigating the fatal shooting, and no suspects have been publicly named. Martinez said Noel was a bystander when violence broke out.
A 29-year-old woman who worked at the sports bar was also hospitalized with a non-life-threatening injury.
Police Officer Shaun Hill said he did not have further information to release on the case this week.
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Off The Traxx already faces an August 2020 lawsuit stemming from a stabbing attack involving three men who were inside the nightspot, then suffered injuries while fighting behind the former Firehouse Restaurant and Lounge, police reports show.
That lawsuit claims Off The Traxx failed to properly hire and train security guards and failed to "adequately provide an overall security plan that met known industry standards and customs for safety in the community."
The lawsuit, which seeks more than $30,000 in damages, remains pending in Brevard County Circuit Court. Martinez said he plans to file a similar lawsuit on behalf of Noel's estate.
Last week, Off The Traxx officials posted a statement on Facebook addressing the March 6 shooting death:
"Everyone here at Off The Traxx would like to offer our deepest condolences to the families, friends and loved ones of the victim in the shooting that occurred this past weekend. Our most sincere thoughts and prayers are with them during this difficult time. In addition, one of our team members was also injured in the incident but is thankfully expected to fully recover," the statement said.
"The safety and well-being of our patrons, employees and neighbors are our first priority, and we are fully cooperating with authorities as they review the incident. At this time, we ask that any patrons or others who may have information about what happened to contact the Melbourne Police Department at 321-608-6450 while they continue their investigation into this tragic event," the statement said.
"We would also like to extend a special 'Thank You' to our community members, fellow local business owners, and patrons for all the expressions of concern, well-wishes and calls for support that we've received throughout this difficult time. We ask that you continue to keep the victims and their families in your thoughts and prayers," the statement said.
Kendall Moore, the attorney representing the Off The Traxx ownership group, declined further comment, citing the ongoing police investigation, pending litigation and respect for Noel's grieving family.
Sunday, mourners attended a candlelight vigil honoring Noel at Campbell Park, the small triangular public space next to the Flatiron Building. The park is located across New Haven Avenue from Off The Traxx.
"He wasn't into drugs. He wasn't into gangs. He was a responsible, young business owner, 34 years old," Martinez said.
"I knew that he was not involved in violence at the club. I knew he was an innocent bystander — that was what my gut told me before I even heard. But then I spoke to police. They said the same thing: He was not involved in any way. He was just unlucky," he said.
During last week's Melbourne City Council meeting, Council Member Mark LaRusso asked for a future discussion on conditional-use zoning permits issued for downtown bars. Mayor Paul Alfrey replied that it is important to let the police investigation run its course. Once more information is released, he said the City Council can move forward.
Council Member Yvonne Minus called for witnesses and people with information to contact police. She also referenced a trio of shootings that occurred during the last weekend of February in the University Boulevard area.
“We need answers. The Police Department needs answers. We need the residents. Someone knows something. Someone needs to say something — because that could be a family member of yours that could have been shot, or even worse," Minus said.
"My statement is, if you see something say something," she said.
Vice Mayor Julie Sanders agreed.
"Our officers are doing their due diligence to find out what happened. But we need everybody's help. It takes a village," Sanders said.
Martinez cited a FLORIDA TODAY story that reported Off The Traxx generated an average of 168 police-incident reports per year from 2013-15 — more than twice the totals of downtown establishments such as Meg O'Malley's, Debauchery, Matt's Casbah and Mainstreet Pub.
“They’ve known there’s been a problem for quite some time. There’s fights all the time. Forget about shootings: There’s people getting knocked out every weekend there, beat up, stomped, trampled," Martinez said.
"So that should have given them an indication, ‘Hey, we need to hire a serious outside security team.' Or, 'We need to have metal detectors,’ or what have you. They make boatloads of money at that club," he said.
Melbourne police did not charge anyone after the stabbing incident referenced in the August 2020 Off The Traxx lawsuit. Rather, the investigation concluded "there was no likelihood of successful criminal prosecution" because of "numerous inconsistent and dishonest statements" and conceivable self-defense claims, a report said.
A court hearing in the civil case is scheduled for Monday morning via Microsoft Teams.
Rick Neale is the South Brevard Watchdog Reporter at FLORIDA TODAY (for more of his stories, click here.) Contact Neale at 321-242-3638 or rneale@floridatoday.com. Twitter: @RickNeale1
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This article originally appeared on Florida Today: Off The Traxx Sports Bar to face lawsuit from family of shooting victim
