Strip club can't escape lawsuit
A DuPage County strip club has lost its bid to be excluded from a lawsuit against a Wayne man who drank alcohol there before killing two adults and an unborn child in a fiery crash.
The state appellate court ruled Wednesday that the owners of Diamonds Gentlemen's Club near West Chicago will remain co-defendants in the suit against John Homatas, 26.
The club's owners had argued they weren't responsible for the Jan. 4, 2006, crash, largely because the business does not serve alcohol, however, patrons are allowed to bring their own alcohol into the club.
In its 31-page decision, the appellate court ruled the establishment had "a duty to both plaintiffs" when it "ejected Homatas (from the club) and placed him behind the wheel, knowing he was intoxicated."
Pete Flowers, an attorney for one victim's family, called the court's decision "extremely well-reasoned."
"The key is, they understood what really is occurring at this place," he said. "It's really no different from a bar, other than the fact that you have underage kids in there and no trained staff to deal with these situations."
Diamonds attorney Matt Burke said the appellate court decision is based on "allegations inconsistent with the testimony given during the trial of John Homatas."
Burke said his client, club owner Ari Pomerantz, will continue to fight the suit.
"John Homatas ... was convicted for causing these deaths after voluntarily ingesting both alcohol and cocaine," he said. "It's important to keep in mind the appellate court's decision at this point dealt only with the allegations contained in the plaintiff's complaints. These allegations have not been proven."
The club, which features nude dancing and is open to anyone 18 or older, has been the target of a recent crackdown in DuPage County, where officials want to outlaw bring-your-own-booze policies at adult businesses.
Homatas currently is serving a 12-year sentence for killing passenger John A. Chiariello of St. Charles and another motorist, April M. Simmons of Yorkville, and her 8-month-old fetus. No date has been set for the lawsuit to proceed.
• Daily Herald staff writer Jake Griffin contributed to this story.