CHESAPEAKE, Va. — Court records obtained by News 3 reveal Virginia ABC suspended Eagles Nest Rockin' Country Bar's liquor license days before the Chesapeake business announced it was temporarily closing.
The newly filed lawsuit provides new insight into questions surrounding the bar's closure, which drew widespread attention earlier this week when Eagles Nest announced it was permanently closing its club side and temporarily shutting down the entire facility.
Watch previous coverage: Customers want answers after Eagles Nest permanently closes club side and temporarily closes entire facility
According to court documents filed Oct. 1 in Chesapeake Circuit Court, Great Bridge Sports Pub Inc., which operates as Eagles Nest, is suing Virginia ABC and multiple state officials over a Sept. 22 order that suspended the business's liquor license.
The lawsuit asks a judge to block enforcement of the suspension and restore the license while the case proceeds.
The suspension stems from a Sept. 20 incident that, according to the court filing, began inside the establishment and continued into the shopping center parking lot. The lawsuit references an ABC order that states a patron was kicked in the face by an unknown person approximately 63 feet into the parking lot.
Eagles Nest argues Virginia ABC improperly used its emergency suspension authority because the injury allegedly occurred in a parking lot the business does not own or lease.
The Eagles Nest attorneys argue in the lawsuit that the lot is common property owned and managed by the shopping center landlord and therefore falls outside the circumstances covered by Virginia's summary suspension law.
The lawsuit also alleges Virginia ABC suspended the license without providing notice, access to evidence or an opportunity for the business to respond beforehand.
ABC suspended the license Sept. 22, according to the filing. Six days later, Eagles Nest announced it was permanently closing its club side and returning to its country roots. The following day, the business announced it was temporarily closing for renovations.
In News 3's previous reporting, public records showed the business's liquor licenses listed as inactive. At the time, Virginia ABC declined to discuss specifics.
Call data provided by the Chesapeake Police Department for the location showed a total of 182 service calls to Eagles Nest over the past 6 months, with 67 of those calls being for officers to monitor the scene to deter or prevent criminal activity. The other 115 calls over the past 6 months for various incidents include DUI, assault, disorderly persons, fights, rape, reckless driving and additional offenses. 13 of those reports involve guns being stolen from vehicles at the location, between the beginning of March and the end of September. Chesapeake Police say that number of service calls is considered high.
The lawsuit now identifies the reason the licenses became inactive as an emergency suspension order issued by the agency.
In the court filing, Eagles Nest claims the continued suspension is costing the business between $75,000 and $95,000 per week in gross revenue and affecting approximately 50 employees.
The business says it has already implemented additional security measures, including a written use-of-force policy, and has proposed operating under restrictions that would include additional security staff, off-duty police officers, identification scanning and expanded camera coverage.
The lawsuit also states Eagles Nest petitioned ABC for a restricted license that would allow it to operate under certain conditions while the matter is resolved.
A hearing before Virginia ABC is scheduled for Oct. 7, according to court records.
The allegations contained in the lawsuit represent Eagles Nest's claims. No judge has ruled on the merits of the case, and Virginia ABC had not filed a response in the court records reviewed by News 3.
News 3 has reached out to Virginia ABC and attorneys representing Eagles Nest for comment.
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