Update on JP23 and the Samantha Velasquez trial

By Saskia Kennedy on March 22, 2024

After three years, the court case between JP23 and Samantha Velasquez is set for July 2024. Here are the facts.

August 1, 2021: Samantha Velasquez claimed that she was drugged at JP23 Urban Kitchen restaurant/bar and later raped and left in a parking structure. The story went viral on social media, reaching over 500,000 people in just a few days. As a result, more women and men came forward, sharing similar stories of being drugged at the same bar, and protests began.

August 2, 2021: After waking up in a Fullerton parking structure and making her way home, Velasquez located her missing phone in a vehicle in the City yard but did not locate her missing fanny pack.

August 7, 2021: Around 20 demonstrators showed up to protest in front of JP23 Urban Kitchen on the corner of Commonwealth Ave and Harbor Blvd. “It is a dangerous place, and we will shut it down,” one demonstrator said.

During the protest, JP23 released part of a surveillance camera video from the night of the alleged rape on their Facebook page. The partial clip showed Velasquez stumbling toward a table and twerking (a sexually provocative dance) with a man in a Hawaiian shirt who does not appear intoxicated. Later in the clip, Velasquez is led out by the man. When asked why the clip was released, JP23 owner Jacob Poozhikala told the Observer, “The clip shows that Velasquez was not under duress and that the restaurant’s security had no probable cause to interfere with her leaving. We have gone above and beyond what is required by any other restaurant in downtown Fullerton for the security of our patrons. We have surveillance cameras, security guards, lighting, and training that gives our patrons the sense of safety and security that makes them loyal customers.”

The bar eventually deleted the video, but not before Fullerton Police Chief Dunn gave a closer look. He characterized the women in the video as “obviously intoxicated,” a state that the bar “contributed to through the over service of alcohol, which according to reports includes at least one ‘fishbowl’ drink,” intended for six patrons but often imbibed by fewer, Dunn wrote.

Protest outside JP23 Urban Kitchen in August 2021.

August 8, 2021: Approximately 45 protesters showed up to boycott JP23. The video clip has since been taken down. Many protesters said they thought posting the clip was meant to shame Velasquez. More women came forward with stories of their own, on social media and out in front of JP23. The protests became a weekly event as tensions remained high.

August 27, 2021: Chief Dunn held a remedy hearing for JP23 at the Fullerton police department, which resulted in a restriction on the hours of operation. Other changes included removing the window tinting, removing the fishbowl (six-person drink) from the menu, and placing a small poster (letter size) in the women’s bathroom that tells women how to be safe with their drinks.

According to court documents, the JP23 proprietor applied in October 2020 to have an entertainment permit renewed for the venue so that it could continue hosting DJs and dancing every night from 9:30 p.m. to 1:30 a.m. The coronavirus pandemic and changing business restrictions delayed the process before Fullerton Police Chief Bob Dunn took a closer look at the nightclub.

Dunn cited a high volume of service calls around the venue between September 2020 and July 2021. According to Fullerton P.D. statistics, the calls resulted in 44 criminal offense reports and 50 arrests within that time frame. The calls centered on a host of complaints, including assaults, overcrowding, drug possession, and even an attempted murder.

The police chief’s Aug. 17, 2021, letter to Poozhikala also noted that JP23 exceeded capacity limits during a fire marshal check earlier that summer when 333 patrons were counted indoors, a violation Dunn found “especially troubling” given the owner’s prior conviction for misdemeanor overcrowding.

Poozhikala had 30 days from the date of the Aug. 27 remedy meeting to demonstrate compliance before further review. He sent a letter to Dunn claiming that since he couldn’t appeal the chief’s decision, it constituted a due process violation.

On Sept. 24, Dunn responded with a letter to Jennifer Harris, an attorney representing Poozhikala, informing her he had decided to revoke the temporary permit.

“The remedy meeting procedure was merely an optional procedure to use to try and resolve issues which has proven to be unsuccessful,” Dunn wrote. “We have chosen to abandon it at this point.”

August 31, 2021: The full videos from inside JP23 on the night Samantha Velasquez was allegedly drugged and raped shows Velasquez consumed eight drinks in three hours. Velasquez left the bar with two males and a female crossing Commonwealth Ave. Other surveillance released from Ace Hardware showed two males following Velasquez as she stumbled down Commonwealth Ave toward Harbor Blvd. One male held her fanny pack. Later, only one male was seen holding onto Velasquez as they stumbled down the alley behind JP23, walking towards the parking structure where Velasquez found herself the next morning. Velasquez was holding her fannypack.

October 26, 2021: Luis Huang sent a letter raising concern about the public’s safety after reading the story of Samantha Velasquez. The letter was then given to Jacob Poozhikala, owner of JP23 by someone at City Hall.

November 3, 2021: Poozhikala then filed a libel lawsuit against Luis Huang through his attorney, Jennifer Harris.

February 2021: The lawsuit between Jacob Poozhikala, owner of JP23 Urban Kitchen restaurant/night club, and Luis Huang, a private citizen who sent a letter to Fullerton City Council members, was adjudicated and dismissed. Huang’s attorney, Jeffrey Lewis, said, “People should have the right to reach out to their city council to raise a public safety concern without fear of retaliation by a lawsuit. We are pleased that the Superior Court recognized this lawsuit for what it was – an improper attempt to silence a voice through expensive litigation. I hope that the plaintiffs here will focus their time and money on making their establishments as safe as they can rather than pursue further frivolous lawsuits.”

December 17, 2021: A special hearing at Fullerton City Hall was held to determine if JP23 had complied with all the requirements for maintaining its entertainment license.

December 31, 2021: Officers were out at JP23 regarding a weapon brandish, with shots fired. Surveillance footage confirmed at least one shot was fired near the patio of JP23. The suspect is outstanding, and there are no victims/injuries. All Officers were clear from the scene. This is the second shooting at that location. The first occurred on July 6, 2021, and was fatal.

January 2022: Four council members voted to issue an entertainment permit to JP23 with the live entertainment limitations Dunn suggested; Mayor Pro Tem Bruce Whitaker abstained from the closed session vote.

“JP23 will be seeking further review from the Superior Court of the City Council decision,” said JP23’s lawyer, Ms. Harris. “The lawsuit alleging constitutional issues regarding the Fullerton Municipal Code is still ongoing.”

February 25, 2022: Poozhikala has also filed lawsuits against Samantha Velasquez and Justine Flores. Both suits are libel suits in which Poozhikala alleges the women made false accusations that economically hurt his business and is therefore suing for 1.3 million dollars in damages. Employees of JP23 were harassed and accused of being rapists.

By the summer of 2022, JP23 was forced to shut its doors allegedly due to verbal and sometimes physical public harassment of employees as well as a decline in revenue due to public opinion.