He did, but a situation that night in February 2006 resulted in him being banned from the restaurant and the entire Plaza for life. And a lawsuit Royster filed earlier this year against Kona Grill, Highwoods Properties (owner of the Plaza), Plaza security guards and the police over the incident is now making its way through Jackson County Circuit Court.
The defendants, citing the pending litigation, declined to comment. However, Highwoods has filed a motion asking that the lawsuit be dismissed.
The events according to the lawsuit:
Before the meeting, Royster -- a disabled veteran and community leader in Kansas City's Northeast area, according to his attorney -- handed a bartender his American Express card to be held to pay for charges. Four hours later, a manager approached him to say a member of his party made an unwelcome comment to another patron and that Royster's entire party would have to leave immediately.
Royster said he complied at 8:20 p.m. But after walking a short distance, he realized he left his charge card and returned to retrieve it. As he reached the entrance of Kona Grill, he noticed a police officer, the Kona Grill manager and Plaza security personnel exiting the restaurant. The manager pointed to Royster and said, "That's him."
According to the lawsuit, Royster said the officer and Plaza security wanted him to sign some documents -- which he said he needed time to read -- and then said he was under arrest for not paying the bill. They handcuffed him, causing further injury to an old military shoulder injury. He also said he repeatedly told the officer and security guards that he had left his credit card with the bartender and that was why he returned to the restaurant.
According to the lawsuit, security told him he was barred from the Plaza and its merchants for the rest of his life.
Royster was later booked and posted bond. During a hearing on April 10, 2006, Royster said, he showed the prosecutor a credit card bill for the $156 charge that went through at 8:16 p.m. Feb. 26 -- before he left the restaurant and before he was arrested. In the lawsuit, Royster says no Plaza officials or the police officer were at the hearing, so the case was dismissed.
Officials with the corporate office of Kona Grill did not return phone calls. A local manager said there would be no comment. Highwoods also did not have a comment, but in its pending motion to dismiss, the company denied some of the claims because it said it lacked knowledge or information.
Royster's attorney Steven Majors said he tried to resolve the matter but was unsuccessful prior to filing the lawsuit. The case has been delayed because one of the police officers was on military leave, Majors said, and now that he has returned, the case should proceed.
Royster seeks actual and punitive damages, plus court costs.
Highwoods lawsuits
Highwoods Properties, meanwhile, has filed lawsuits in Jackson County Circuit Court against two tenants. Highwoods officials had no comment on the suits against:
--Uno Chicago Grill, 4710 Jefferson St., which signed a lease with Highwoods in May 1999. Rent is now $16,050 a month. Highwoods claims the restaurant's parent company, Doughboy LLC, is behind by nearly $65,000, along with common area fees of $25,248, attorney fees and other charges.
Corporate officials with Uno said they could not comment on a pending lawsuit and referred calls to the franchisee. The franchisee did not return phone calls.
--Eternity, a women's clothing, shoes and accessories boutique from Santa Fe, N.M., that took over the former Perfect Scents space at 608 W. 48th St. a year ago. Rent was set at $4,302 a month for the first four years for the 1,475-square-foot space.
But Highwoods says owner Khaldoun Sassila and Eternity owe $15,850 for rent through June 30, along with common area fees of $8,968, merchant association fees and other charges.
Sassila did not return phone calls.
Cityscape runs Tuesdays and Fridays in the business section. To reach Joyce Smith, call 816-234-4692 or send e-mail to jsmith@kcstar.com.
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