North County Times / By GARY WARTH - gwarth@nctimes.com | Posted: August 5, 2010 8:24 pm
The attorney representing owners of the Jumping Turtle restaurant in San Marcos said Thursday that recently disclosed medical records raise questions about an allegedly violent incident that occurred at the business shortly before the city yanked its entertainment permit in February.
"It looks very overblown," attorney Everett DeLano said in talking about medical records from the incident he received this week.
The 7-year-old Capalina Road restaurant owned by Matt Hall and Laura Mouradian had been a venue for upcoming local bands and nationally known punk, metal and rap acts.
The performances ended after the city suspended the restaurant's entertainment permit Feb. 9, just hours after two people were reportedly stabbed and a woman was hit in the face with a bottle. According to news reports at the time, at least five fights broke out that night inside and outside the club.
The club remains open as a restaurant.
DeLano said medical records detailing injuries to the three people indicate that one of the injuries may have been self-sustained and that the other two were not serious, he said.
DeLano had sued the city to release the records, and a Superior Court judge ruled in his favor last week.
San Marcos city spokeswoman Jenny Peterson said Thursday she could not comment on the incident or medical records because the city is involved in a lawsuit by the restaurant's owners.
In revoking the entertainment permit, City Manager Paul Malone said the restaurant had failed repeatedly to maintain a safe environment and called the February brawl "a serious threat to the public health, welfare and safety of San Marcos residents."
Hall and Mouradian have said that many of the allegations were either overblown or untrue. In a federal lawsuit, the club owners have accused the city of violating their civil rights and unfairly trying to shut down their business.
While the suit is seeking "potentially several million dollars" in compensation, DeLano said the owners mostly want to operate with an entertainment permit again.
DeLano said he has asked repeatedly for information from the city to back up its claims of underage drinking, loud noise and fights, first through Freedom of Information Act requests and then through a lawsuit asking for records from the city and the San Diego County Sheriff's Department.
While the judge ruled that the city should release the medical documents, DeLano said the judge ruled the request for records from the Sheriff's Department was not specific enough. DeLano said he hopes to get the same information during the federal lawsuit against the city.
DeLano said that so far he has not seen anything in the documents to support the city's decision to revoke the entertainment permit.
"They're been continuously saying what a terrible place the Jumping Turtle is, and we've been saying, 'You must be kidding,'" he said. "Do things happen some times? Of course. They happen everywhere."
Call staff writer Gary Warth at 760-740-5410.