'An imminent and ongoing danger:' Lawsuit temporarily closes nightclub involved in deadly McAllen crash
The city of McAllen filed a lawsuit against a nightclub in connection with a deadly rollover crash that authorities said involved underage drinking, Mayor Javier Villalobos said.
The lawsuit was filed against Noxx Nightclub on Monday, court records show. A judge on Wednesday signed a temporary restraining order to shut down the nightclub through Dec. 17.
Noxx Nightclub is the establishment where all occupants of a Ford Bronco involved in Saturday's deadly rollover crash had been drinking at before the accident, one of the passengers told police.
One man, 25-year-old Jacob Rodriguez, died as a result of the crash that happened shortly after 2 a.m. on Saturday on the 1600 block of North Bicentennial Boulevard.
A criminal complaint obtained by Channel 5 News said one of the passengers in the vehicle told police she and the six other people in the vehicle, including Rodriguez and 18-year-old driver Gabriela Nunez Garcia, had been drinking alcohol at the nightclub.
Garcia was arrested and charged on Tuesday with intoxication manslaughter and five counts of intoxication assault. She has since been released from custody on a $100,000 bond.
READ MORE: Passenger in deadly rollover crash said they’d been drinking in downtown McAllen, records show
The lawsuit filed against the owners and operators of Noxx Nightclub lists multiple violations committed by the establishment that date as far back as April 2023.
The lawsuit says the violations at the nightclub “present an imminent and ongoing danger to patrons, employees, first responders and the general public.”
According to the lawsuit, a 19-year-old was arrested for drinking alcohol at the nightclub on Sunday, the day after the crash.
The club had also been cited twice in August and September for not enforcing underage drinking restrictions such as age verification devices and required UV ink devices to mark all occupants under the age of 21.
“By allowing underage drinking…the defendants’ operation of the Noxx Nightclub presents a serious health and safety threat to anyone who occupies the establishment,” the lawsuit states.
Violations listed also include operating without a certificate of occupancy, a special use permit, inadequate security staffing and multiple fire code violations.
The lawsuit is seeking a temporary restraining order to prevent the nightclub from operating. It also asks for an order for Noxx Nightclub to immediately comply with all city ordinances, and be fined $1,000 per day for each ordinance violation.
Hidalgo County court records show a court hearing on the temporary restraining order was set for Dec. 17.