The Michigan Liquor Control Commission placed the ban on the establishment’s license after Kevin O’Brien fell to his death last year. It’s the third fatal fall at the establishment in the last four years.
Earlier this month, LCC first pushed for just a three-day ban, but they added seven days to that penalty when attorneys for the B.O.B. asked the judge for 30 days to prepare for an appeal.
While an autopsy concluded that O’Brien was intoxicated at the time of his fall, the B.O.B.’s attorney, Todd Dickinson argued Thursday that there’s no way for staff to have known.
“Mr. O’Brien was intoxicated, though not visibly intoxicated,” Dickinson said.
Dickinson went on to say that while O’Brien was served four drinks at the B.O.B. the establishment can’t be held responsible for the drinks he had prior to his arrival.
Still, it’s an argument that Jason Geissler, who appeared on behalf of the attorney general’s officer for the LCC, said isn’t valid.
“He was not, not showing signs of intoxications,” Geissler said. “We have two witnesses that said he was intoxicated.”
Geissler asked the judge to make his decision to increase the penalty to 1o days based off one fact.
“I would argue that in this case the reason for increasing the penalty is the fact that Mr. O’Brien died,” Geissler said.
Dickinson stated that while the death of O’Brien was tragic it was nothing more than an accident.
“This evening ended for Kevin O’Brien as a tragic fatal accident that claimed this young man’s life,” Dickinson said. “That’s something we shouldn’t forget. But, it’s not something that should control the outcome of this case.”