Wichita night club plans to appeal suspension after mass shooting

City Nightz, where a mass shooting happened early last Sunday, plans to appeal a 30-day suspension handed down by the Wichita police chief.

But the club’s attorney, Charley O’Hara, says it’s obvious the appeal will be for nothing.

Nine people were shot and two were trampled during the chaos.

The suspension of the club’s liquor and entertainment license starts Saturday. The club will be closed down at least for this weekend before any appeal could be heard.

Mayor Brandon Whipple, who has said he supports Chief Joseph Sullivan’s decision, could be part of an appeal process. An appeal can go before the whole City Council or a committee with some council members.

“Can you imagine someone that’s supposed to review something to see if it’s right has already made their mind up before they’ve reviewed all the facts?” O’Hara said. “I can’t believe anyone would think that’s fair.”

Whipple said he is open to hearing any facts that counter what he heard from Sullivan and officers.

O’Hara said the city and police department have been too busy pointing a finger at the club when their first priority should be catching those who fired the shots. He said he would release images of the suspect or suspects for the sake of public safety if police don’t.

Police have arrested and released one person so far, a security guard for popular rapper Mozzy, who visited the club. District Attorney Marc Bennett determined that that person had fired in self defense after two gunmen fired shots. He declined to file charges at this time.

O’Hara applauded Bennett’s decision and the security guard’s actions.

“He saved people’s lives,” O’Hara said about the security guard. “He’s a hero.”

Mozzy and his security detail were not wanded for weapons when they entered the club, Sullivan said.

O’Hara wouldn’t say whether that was true, but said it is not required under state law.

He said he did not know how the other gunmen got into the bar with their guns.

O’Hara said many clubs in Wichita don’t use security wands.

It’s unclear how often the police department uses the ordinance that allows them to suspend a businesses’ licenses. The police department said the detective who manages those records was off and wouldn’t be back until next week.

Lt. Aaron Moses did mention a 10-day suspension that was appealed to a committee that included city council members. The committee added another 20 days of suspension and a $1,000 fee, Moses said. That suspension was at Champs 316 for having slot machines.

Moses said most cases are handled without a suspension.

“The Chief takes any action on suspension seriously and understands the effect it can have on a local business,” he said in an email. “Ultimately, in this case, there is an establishment that has had multiple incidents occur and was provided with safety plan suggestions. It appears safety plans were not followed which allowed an incident like this to occur.”

Wichita police provided 13 cases reportedly involving City Nightz since August 2022, which would be shortly after they opened.

O’Hara wondered how many of the incidents happened in the public parking lot next door.

Some of the incidents clearly did not happen inside the club, including a drive-by on May 21. At least three other cases, which include the July 2 shooting, involved a gun. One of the cases had a listed address that is not where the club is located.

An owner of a nearby business, who asked not to be named for fear of it impacting their business, said crime at City Nightz has affected their business to the point that they are looking to move.

“I can’t say that it’s City Nightz that created the chaos in that area,” the owner said, but “they definitely aided it.”

Whipple said the suspension is “something that is not used lightly.” He felt it was warranted for City Nightz because of past incidents. Police had talked with the club May 25 about improving its security.

O’Hara said his understanding is the club was told to wand patrons, have security and have surveillance — all of which it does.

Whipple disputes that the club followed those protocols.

“You didn’t do the recommendations,” he said, adding otherwise nine people would not have been shot.

In addition to the suspension, Sullivan also served City Nightz with a nuisance letter that would allow the city to bill the club for police hours to help with safety. And he said earlier in the week that the department planned to file a complaint against the club with the Kansas Alcoholic Beverage Control.

Contributing: Eduardo Castillo with The Eagle