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Premises Liability and Negligent Security

3/16/2009
Meredith Parrish
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Midtown Attack May Lead to Renewed Interest In Hate Crime Laws

John Evans, a server at a Midtown restaurant, was beaten in the parking lot adjacent to  Blake's.  Although Evans asserts the attack occurred because of his sexuality, the police so far aren't saying the same.  Police are struggling with two different accounts of the attack.  Atlanta Police Detective Raymond Layton filed an incident report on Sunday night.  That report contains no mention of homophobic slurs.  Layton wrote that as of the filing of that report, no evidence of a bias crime existed. 

Evans later met with Officer Dani Lee Harris, the department's gay, lesbian, bisexual and transgendered liason.  During that meeting, Evans told Officer Harris that men approached him, asked if he was gay, and then beat him and stole his wallet after he replied that he was.  Layton's report however, indicates that Evans had his wallet and cellphone and that the suspect did not take any of his property.  Layton was working off-duty at Blake's that evening.

Other discrepancies between Layton's report and the details given by Evans to Officer Harris include whether he was asked to leave Blake's due to intoxication (confirmed by several employees) and the time of the attack.  Evans told reporters in an interview that he was hysterical after the attack, which left him with chipped teeth and a busted lip.  Harris is now charged with the task of sorting out the details of the attack.  She indicated that the incident would be investigated as a possible hate crime.

Georgia is one of only five states without hate crimes legislation.  Officials said they expect a renewed push to enact hate crimes laws in the wake of this incident.  For his part, Evans has already scheduled meetings with several advocacy groups in the area, including Georgia Equality and the Human Rights Campaign.

At Kaufman Law, we work to repair the damage done in such attacks - regardless of the underlying reasons for the attack.  Mr. Evans was injured on the property of another and may have a potential negligent security case.  We certainly hope he recovers quickly from his injuries.  If you've been injured in a similar situation, attacked, beaten, or even raped on the property of another, call us 24 hours a day/7 days a week to schedule a FREE consultation to discuss your legal rights at 1-888-WRECK-404.




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