The Texas Attorney General’s attempts to sue a popular San Antonio music venue have been stymied for two months. Much like reporters seeking comment, the owner hasn’t been reachable by folks trying to serve him.
Attorney General Ken Paxton is cracking down on private venues that attempt to keep guns out of their establishments, violating a relatively new Texas law that says law enforcement officers (even those off duty) can keep their firearm with them despite venue rules. However, Paxton’s efforts to nail Paper Tiger, a popular San Antonio music hotspot touting big indie headliners, have been unsuccessful since September.
Court records filed Monday, October 27, show a woman has tried to deliver the complaint to Paper Tiger owner Chad Carey, the owner of parent company Empty Stomach, which operates several local favorites – six times. Each time, the venue was closed or the facility had been sold. First, she went to The Good Kind, at 1127 South Saint Mary’s, on September 18, only to find Carey had sold the property.
Five more times between September 19 and September 30, she went to Paper Tiger anywhere from 10 a.m. and 8:20 p.m. only to find the place closed. The case was filed by the attorney general’s office on August 21. Without proper service, the case has remained stagnant in the 224th State District Court in Bexar County since.
Carey has not returned MySA’s request for comment. While civil suits are usually hand delivered, a judge can approve alternative service methods, like mailing a copy to the defendant.
The lawsuit was filed in August after the hospitality group behind 15 iconic San Antonio hotspots (Hot Joy, Paper Tiger and Barbaro), Empty Stomach refused to let off-duty officer Raul Tijerina into Paper Tiger on January 17. According to a cursory search online, it appears the music venue on the St. Mary’s Strip had several performers that night, including some punk- and ska-influenced acts and an easy-listening classic indie rock band.
According to the lawsuit penned by Texas Attorney General Ken Paxton’s office, the San Antonio Police Department was called to the music venue at 2410 N. St. Mary’s St. after Tijerina tried to educate management on the Texas Code of Criminal Procedure. Even when SAPD officers made the scene and also tried to make the law clear, Paper Tiger staff still weren’t letting Tijerina into the venue with his gun, according to the filing.
This article originally published at Texas AG struggles to serve lawsuit to Paper Tiger owner.