THE UNIVERSITY DAILY KANSAN
MONDAY, AUGUST 17, 2009
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27
COURTS
Student, bar owner take MIP case to Judge Judy
BY DYLAN SANDS
dsands@kansan.com
Doug Holiday, owner of Bigg's BBQ, recently filmed an episode of Judge Judy, a televised courtroom arbitration program, to settle a dispute with Charles Miller, a student who was charged with an MIP in Holiday's restaurant March 28, 2008. In addition to fining Miller $452, the Lawrence Municipal Court fined Holiday $500 for serving alcohol to a minor. Holiday filed a suit against Miller to recoup the $500, but agreed to drop the suit when a producer from Judge Judy contacted him and asked him to appear on the show with Miller.
Ryan McGeeneey/KANSAN
For most students, an MIP means a long road of fines, court appearances and tarnished records. But for Charles Miller, it meant a paid vacation to Los Angeles.
Miller, Overland Park senior, was taped in a trial on Judge Judy's show in which Bigg's BBQ restaurant owner Doug Holiday sued him for the money he was fined for serving Miller alcohol when he was a minor. Both Miller and Holiday signed agreements saying they would not reveal the outcome of the episode, which has not yet aired.
The controversy began March 28, 2008 when Miller and his friends watched a Kansas basketball game at Bigg's BBQ, located at 2429 Iowa Street. Miller's and Holiday's accounts of the night differ. Miller said he was never asked to present an ID after ordering a beer. Holiday said Miller presented a fake ID before being served alcohol.
"I wasn't carded, and we just start ed drinking." Miller said.
Miller said he and his friends had several drinks throughout the night and became intoxicated.
The two did not dispute what happened next. A Lawrence Police officer entered the restaurant and began checking the IDs of patrons drinking alcohol. Miller presented an ID that belonged to someone else.
"There was no resemblance; the ID was of a redhead and I'm blond." Miller said. "He didn't believe it at all."
That night, Miller was cited for the fraudulent use of an ID and possession of alcohol. The Lawrence Municipal Court eventually lessened the charges to a public consumption charge and fined Miller $452.
Holiday was notified that he would be fined $500 for serving alcohol to a minor. Holiday said being asked to pay more than Miller had to pay did
not seem fair to him.
"In my eyes, he's the one who perpetrated the crime and he was dragging me down with him," Holiday said.
Holiday said his lawyer suggested that he sue Miller in small claims court to force Miller to pay the fine.
Soon after Holiday filed the suit, producers from the Judge Mathis program approached him and asked if he would bring his case to the show.
"My attorney joked that I should hold out for Judge Judy." Holiday said. "Then, sure enough, a producer from her show called me up."
Holiday said he agreed to drop the lawsuit and appear on Judge Judy after the producers told him Miller would also be willing to appear.
Miller said that after weighing his options, he found no reason not to appear on the show.
"I agreed to go to Judge Judy because she offered to pay the expenses, whatever the outcome. I got a free trip to L.A., I got a hotel and they paid me."
"Because he decided to sue me, I got to go to L.A," Miller said.
Holiday said he was also compensated for airfare, but his wife's airfare was not covered by the show. He said he and his wife were able to spend some time enjoying the city as well.
Gary Rosen, spokesperson for the show, said all defendants appearing on the program were compensated for travel arrangements if they were from out town and were paid a "very small" amount for appearing.
Holiday said his experience on the show was mostly positive despite at first feeling anxious and intimidated. He said Judge Judy lived up to his expectations from viewing other episodes, using her trademark
Miller said he felt the experience had a theatrical element to it.
"The whole experience was kind of fake," Miller said. "They were telling me to show more emotion. It's a TV show; it's not court. They plan it around getting ratings."
sarcasm and witticisms. Because the episode has not yet aired, he said, he was unable to discuss details of the show, including the outcome.
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Holiday said that in light of the experience, he planned to urge the Lawrence City Commission to change the city's policies on fining restaurant and bar owners for serving minors.
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"All I've wanted to do is call attention to this serious problem." Holiday said. "People ask me why I didn't just pay the $500. I'm a small business owner and that's a lot of money."
violators have to pay versus the folks at the establishment," Chestnut said. "It's a big issue all around town."
Lawrence Mayor Robert Chestnut said the city commissioners would take time to address the issue on future agendas.
"We will be reviewing the fines and structure of the MIP and what
Chestnut said that several fake IDs were passable to the naked eye and that it had become increasingly difficult for restaurant and bar owners to tell the difference. He said he hoped to find a balance that would
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