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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS


UNITED STATES OF AMERICA,
     Plaintiff,

v.

CHARLES BADEEN; RANDALL GALE;
RICHARD DAVIS; CANDI MORRIS;
ANTHONY MORRIS; BETTER TIMES,
INC.; AND JOOT, INC. D/B/A
JOE'S A/K/A ACAPULCO JOE'S,
     Defendants.

_________________________________


CONSENT ORDER AND FINAL JUDGMENT

  1. Introduction

  1. This is a lawsuit by the United States under Title II of the Civil Rights Act of 1964, §§ 2000a, et seq. ("Title II"), which prohibits discrimination on the basis of race, color, national origin, and religion in places of public accommodation. The lawsuit alleges that the owners, operators, managers, and employees of two nightclubs, Joe's and Acapulco Joe's, violated Title II by denying African American and Latino persons admittance to these nightclubs because of their race, color and/or national origin.

  2. Joe's is a nightclub located at 115 N. Rock Island, Wichita, KS 67202. Joe's opened for business on or about October 2000 at 115 N. Rock Island, Wichita, Kansas 67202. Joe's is a successor to Acupulco Joe's, a nightclub which previously operated at the same location, from approximately 1998 to October, 2000, and at a location on East Kellog Street, also in Wichita, Kansas, from approximately 1994 to 1998. Joe's is, and Acapulco Joe's was, a place of exhibition and entertainment and, thus, a place of public accommodation pursuant to 42 U.S.C. § 2000a(b).

  3. The Defendants in this action are Charles Badeen; JOOT, Inc.; Better Times, Inc.; Candi Morris; Anthony Morris; Richard Davis; and Randall Gale, the individuals and entities who had an ownership or managerial interest in Joe's and/or Acapulco Joe's at times relevant to this action. JOOT, Inc., a corporation organized under the laws of the State of Kansas, is the entity that currently owns and operates Joe's. Candi Morris, a resident of the State of Kansas, is a shareholder and president of JOOT, Inc. Anthony Morris, a resident of the State of Kansas, is a shareholder and officer of JOOT, Inc. Better Times, Inc., a corporation organized under the laws of the State of Kansas, was the former owner and operator of Acapulco Joe's. Charles Badeen and Randall Gale, both residents of the State of Kansas, were the sole shareholders and officers of Better Times, Inc. Richard Davis, a resident of the State of Kansas, is the current manager of Joe's and was formerly a manager of Acapulco Joe's. Charles Badeen managed Acapulco Joe's and sometimes manages or staffs Joe's.

  4. This lawsuit was filed following an investigation by the United States into allegations of discrimination against African American and Latino persons at Joe's and Acapulco Joe's. The investigation revealed that the Defendants discriminated against African-American and Latino patrons and prospective patrons of Joe's and Acapulco Joe's in violation of Title II through the following actions: instructing employees to exclude African American and Latino patrons by claiming that their dress did not comply with the Club's dress code but allowing white patrons wearing similar clothes to enter; refusing to accept some forms of valid proof of age from African American and Latino patrons but accepting those same forms of identification from white patrons and/or falsely telling African American and Latino patrons that their identification was not valid; refusing admittance to groups of African American and Latino patrons; instructing nightclub employees to deny admittance to African American and Latino patrons; and prohibiting nightclub employees and contractors from playing rap and Spanish-language music in order to discourage the interest of African American and Latino patrons in attending the establishment. In addition, the investigation revealed that some or all of the Defendants regularly used racial and ethnic epithets and derogatory language when talking to and/or about African-American and Latino individuals.

  5. The Kansas Human Rights Commission also investigated Joe's after receiving information and complaints suggesting that Joe's was discriminating against potential patrons on the basis of race and color.

  6. The Defendants admit that African-American and Latino individuals have been wrongfully excluded from Joe's and Acapulco Joe's and acknowledge that the United States' evidence would, if this matter were brought to trial, establish that they engaged in a pattern or practice of discrimination on the basis of race, color, and national origin in violation of Title II.

  1. Definitions

  1. The term "Order" shall mean and refer to this Consent Order and Final Judgment.

  2. The term "Parties" shall mean and refer collectively to Plaintiff United States and Defendants Charles Badeen; Richard Davis; Candi Morris; Anthony Morris; Randall Gale; JOOT, Inc.; and Better Times, Inc.

  3. The term "Place of Public Accommodation" shall have the meaning set out in 42 U.S.C. §2000a(b), and shall mean and refer to, but not be limited to, the following: (1) any inn, hotel, motel, or other establishment that provides lodging to transient guests; (2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or any other facility principally engaged in selling food for consumption on the premises, including any such facility located on the premises of any retail establishment or any gas station; (3) any motion picture house, theater, concert hall, sports arena, stadium, nightclub, bar, or other place of exhibition or entertainment; and (4) any establishment which is located within the premises of any establishment listed in (1), (2) or (3) above and any establishment within the premises of which is physically located any establishment listed in (1), (2) or (3) above.

  4. The term "Joe's" shall mean and refer to the nightclub located at 115 N. Rock Island; Wichita, KS 67202 and any subsequent Place of Public Accommodation owned, operated, managed, or staffed, in whole or in part, by any of the Defendants or any entity in which any of the Defendants has an ownership or management interest.

  1. Representations by Defendants

Defendants hereby represent to the Court and to the United States under penalty of perjury that they do not own, operate, manage or staff any Place of Public Accommodation except as shown below:

  1. Defendant Candi Morris is a shareholder and president of JOOT, Inc.

  2. Defendant Anthony Morris is a shareholder and officer of JOOT, Inc.

  3. Defendant JOOT, Inc. owns and operates Joe's.

  4. Defendant Richard Davis manages and staffs Joe's.

  5. Defendant Charles Badeen is an owner and officer of Better Times, Inc. and staffs Joe's.

  6. Defendant Randall Gale was an owner and officer of Better Times, Inc at times pertinent to this case, but is no longer an owner or officer of Better Times, Inc. nor does he currently have any interest in the ownership, operation, management or staffing of Joe's or any other place of public accommodation. (1)

  7. Defendant Better Times, Inc. is the former owner of Acapulco Joe's.

  1. Agreement by Parties to Resolve Litigation Through Entry of this Order

At this time, the Parties have agreed that, in order to avoid protracted and costly litigation, this lawsuit should be resolved without further litigation, through the terms of this Order. This Order will also resolve the administrative complaints filed with, and the investigation conducted by, the Kansas Human Rights Commission. Therefore, without a trial or adjudication on the merits, the United States, the Defendants, and the Kansas Human Rights Commission hereby consent to the entry of this Order.

  1. Permanent Injunctive Relief

  1. The Defendants, their agents, employees, successors, and all other persons in active concert or participation with any of them in the ownership, operation, management, or staffing of Joe's or any limousine service; restaurants; liquor stores; bars; or any other Place of Public Accommodation are hereby PERMANENTLY ENJOINED from:

    1. Failing or refusing, on account of race, color, national origin, or religion to admit any person to the premises or property of such establishment or business;

    2. Denying to any person, because of race, color, national origin, or religion the full and equal enjoyment of all of the goods, services, facilities, privileges, advantages and accommodations of such establishment or business;

    3. Discriminating on the basis of race, color, national origin, or religion in the terms, conditions, or privileges of admission to such establishment or business, or, because of race, color, or national origin, providing different information about the terms, conditions, or privileges of admission;

    4. Applying different requirements to be admitted to or remain within the premises of such establishment or business on the basis of race, color, national origin, or religion;

    5. Denying, deterring or delaying admission to such establishment to any person because of race, color, national origin, or religion by adopting any practices or procedures in the management or operation of such business or establishment that discourage persons on the basis of race, color, or national origin from patronizing such establishment; and

    6. Otherwise engaging in any conduct that violates Title II of the Civil Rights Act of 1964, 42 U.S.C. §2000a, et seq.

  1. Injunctive Relief to Ensure Compliance with Title II at Joe's and Other Places of Public Accommodation

Defendants shall perform the following actions to ensure compliance with Title II at Joe's and other Places of Public Accommodation:

  1. Within fifteen (15) days after the date of entry of this Order, Defendants shall erect and maintain a printed sign at each public entrance to Joe's. The sign shall state in block letters at least two inches high and in both English and Spanish that the establishment is open to all members of the public without regard to race, color, national origin, and religion. Such sign shall be printed in dark letters on a contrasting background and shall be located in a place clearly visible to all patrons as they enter the premises. Such sign shall include a statement that any person who feels he or she has been discriminated against on the basis of race, color, national origin, or religion should write or call the Housing and Civil Enforcement Section of the Civil Rights Division of the U. S. Department of Justice, 950 Pennsylvania Ave., NW - G St., Washington, D.C. 20530, telephone number 1-800-896-7743, ext. 7. Such sign shall include a statement that any caller should refer to DJ No. 167-29-22 when contacting the Department of Justice about this facility. The text for such sign is specified in Attachment A.

  2. Within fifteen (15) days after obtaining an interest in the ownership, operation, management, or staffing of any Place of Public Accommodation, any Defendant(s) having such an interest shall erect and maintain a printed sign at each public entrance to each such establishment. The sign shall state in block letters at least two inches high and in both English and Spanish that the establishment is open to all members of the public without regard to race, color, national origin, and religion. Such sign shall be printed in dark letters on a contrasting background and shall be located in a place clearly visible to all patrons as they enter the premises. Such sign shall include a statement that any person who feels he or she has been discriminated against on the basis of race, color, or national origin should write or call the Housing and Civil Enforcement Section of the Civil Rights Division of the U. S. Department of Justice, 950 Pennsylvania Ave., NW - G St., Washington, D.C. 20530, telephone number 1-800-896-7743, ext. 7. Such sign shall include a statement that any caller should refer to DJ No. 167-29-22 when contacting the Department of Justice about this facility. The text for such sign is specified in Attachment A.

  3. Within fifteen (15) days after the date of entry of this Order, Defendants shall erect and maintain a printed sign at each public entrance to Joe's. The sign shall state in block letters at least two inches high and in both English and Spanish that the establishment accepts the following forms of identification for proof of age: (1) a valid state drivers license; (2) a valid state or federally-issued ID card displaying the bearer's date of birth; (3) an active military ID; or (4) a passport. The sign shall also make clear that the failure of an ID to scan is not by itself a valid basis for denial of admission, but that ID's shall be inspected by door staff and patrons shall be offered the opportunity to have the ID verified by a police officer if any question about authenticity remains. Such sign shall be printed in dark letters on a contrasting background and shall be located in a place clearly visible to all patrons as they enter the premises. The text for such sign is specified in Attachment B.

  4. Within fifteen (15) days after obtaining an interest in the ownership, operation, management, or staffing of any Place of Public Accommodation for which proof of age is a condition of admittance by patrons, any Defendant(s) having such interest shall erect and maintain a printed sign at each public entrance to each such establishment. The sign shall state in block letters at least two inches high and in both English and Spanish that the establishment accepts the following forms of identification for proof of age: (1) a valid state drivers license; (2) a valid state or federally-issued ID card displaying the bearer's date of birth; (3) an active military ID; or (4) a passport. The sign shall also make clear that the failure of an ID to scan is not by itself a valid basis for denial of admission, but that IDs shall be inspected by door staff and patrons shall be offered the opportunity to have the ID verified by a police officer if any question about authenticity remains. Such sign shall be printed in dark letters on a contrasting background and shall be located in a place clearly visible to all patrons as they enter the premises. The text for such sign is specified in Attachment B.

  5. Within ten (10) days after the date of entry of this Order, Defendants shall adopt a new policy with respect to all patrons who are denied admittance to Joe's. When denying entrance to a patron, the individual denying entrance shall complete a form, the text of which is found in Attachment C, which shall show the date, the reason why admittance was denied, and the name of the person who made the decision to deny admittance. One copy of this form shall be given to the patron who is denied entry and the other copy of the form shall be retained by Joe's, subject to the document production provisions in Section VIII.C. below.

  6. Within ten (10) days after the date of entry of this Order, Defendants shall erect and maintain a printed sign at each public entrance to Joe's. The sign shall state in block letters at least two inches high and in both English and Spanish that any individual who is denied entry into the club is entitled to a written explanation of the reasons for such denial. Such sign shall be printed in dark letters on a contrasting background and shall be located in a place clearly visible to all patrons as they enter the premises. The text for such sign is specified in Attachment D.

  7. Defendants represent to the Court and to the United States that there are currently video cameras installed at the public entrance(s) to Joe's that are placed so as to make a video record of all patrons who are admitted or denied admittance to Joe's. Defendants shall maintain the video cameras that are currently installed at the public entrance(s) to Joe's and shall maintain a continuous video record of all persons granted and denied admittance to the nightclub each day during hours when the facility is open to the public. The videotape record for each day shall be maintained unaltered for a period of sixty (60) days following the date of recording, with tapes being maintained in a manner that permits ready identification and retrieval of the videotapes for each day. Upon written request by the United States at any time while this Order is in effect, Defendants shall forward to the United States in original, unaltered condition within five (5) days of the receipt of any request all videotapes currently being maintained or all videotapes for specific days requested by the United States. (2)

  8. Within sixty (60) days of the date of entry of this Order, Defendants and their employees or agents with responsibility for the management and/or provision of services at Joe's or any other business or entity covered by this Order, shall attend a program of educational training concerning the substantive provisions of federal, state, and local civil rights laws, regulations, and ordinances regarding public accommodations, and their responsibilities under such laws. The Parties shall mutually agree upon who shall conduct this training which shall not be less than three hours in duration. The reasonable costs of this program, which shall not exceed $750.00, shall be borne by Defendants. All persons attending this program shall have their attendance certified in writing by the person conducting the educational program.

  9. Within sixty (60) days of obtaining an interest in the ownership, operation, management or staffing of any Place of Public Accommodation, any Defendant(s) having such interest and their employees or agents with responsibility for the management and/or provision of services at such Place of Public Accommodation, shall attend a program of educational training concerning the substantive provisions of federal, state, and local civil rights laws, regulations, and ordinances regarding public accommodations, and their responsibilities under such laws. The Parties shall mutually agree upon the person or persons who shall conduct this training which shall not be less than three hours in duration. The reasonable costs of this program, which shall not exceed $750.00, shall be borne by Defendants. All persons attending this program shall have their attendance certified in writing by the person conducting the educational program.

  10. No later than ten (10) days after the date of entry of this Order, Defendants shall:

    1. Inform each of their employees, agents, partners, and any other person who provides services in any capacity with regard to Joe's or such other Place of Public Accommodation of the contents of this Order, their obligations under this Order, and their nondiscrimination obligations under Title II of the Civil Rights Act of 1964.

    2. Provide a copy of this Order to each such employee, agent, partner, or other person described paragraph VI.J.1. above.

    3. Require each employee, agent, partner, or other person described in paragraph VI.J.1. above to sign a sworn statement in the form of Attachment E, acknowledging that he or she has received a copy of this Order, has read it, understands it, and agrees to perform his or her duties in accordance with the terms of this Order.

    4. For all employees hired by Joe's after the date of entry of this Order or hired by a Place of Public Accommodation after the date on which any of the Defendants obtains an interest in the ownership, management, operation, or staffing of such establishment, Defendants shall comply with the obligations set out in paragraph VI.J.1. through VI.J.3. above within five (5) days after each such employee is hired.

  11. In the event that any of the Defendants acquires an interest in the ownership, operation, management, or staffing of any Place of Public Accommodation, such Defendant shall comply with the obligations set out in paragraph VI.J.1 through VI.J.3. above no later than ten (10) days after acquiring an interest in the ownership, operation, management, or staffing of such establishment

  12. Within thirty (30) days after the date of entry of this Order, Defendants shall redraft, and submit to the United States for approval, the following:

    1. The dress code that will be applied at Joe's, which shall specify that employees and other persons managing or staffing Joe's shall apply the same standards of dress to all patrons regardless of race, color, national origin, and religion. The United States shall review the dress code proposed by Joe's to ensure that it clearly describes prohibited attire; is not unduly susceptible to discriminatory enforcement; requires the same standards regarding dress to be applied regardless of a patron's race, color, national origin, or religion; and does not intentionally discriminate against any patrons or potential patrons on the basis of race, color, national origin, or religion.

    2. The policy regarding patron's proof of age that will be applied at Joe's, which shall be redrafted so it requires employees and other persons managing or staffing Joe's to accept all valid State drivers' licenses, all valid Federally-issued ID cards, all valid ID cards issued by any State, all active military ID cards, and all passports as proof of a patron's age so long as the license, card, or passport contains the bearer's date of birth and whether or not the license, card, or passport can be scanned by any equipment used by Joe's; that scanners shall not be used on passports, military ID, or non-Kansas ID; that in the event that a Kansas ID does not properly scan, door staff must perform a manual inspection of the ID to determine authenticity; and that if questions about authenticity remain, the patron shall be offered the option of having a police officer verify the ID;

    3. Whatever training, instructional, and informational materials are provided to Joe's employees, which shall be redrafted to include an explanation of the nondiscrimination requirements of Title II of the Civil Rights Act of 1964, the Americans with Disabilities Act; and State or local laws, regulations, and ordinances that govern nondiscrimination in establishments open to the public; the requirements of this Order; employees' obligation to comply with Title II, other nondiscrimination laws, regulations, and ordinances, and this Order; and the disciplinary action that will be taken against employees for failure to comply with Title II, other nondiscrimination laws, and this Order.

  13. In the event that any of the Defendants acquires an interest in the ownership, operation, management, or staffing of any Place of Public Accommodation, such Defendant shall submit the dress code, proof of age policies, and employee training, instructional, and informational materials to counsel for the United States for review and approval within thirty (30) days after acquiring such an interest. The dress code, proof of age policies, and employee training, instructional and informational materials shall be drafted so that they are consistent with the requirements of VI.L.1 - VI.L.3. above.

  14. Defendants Charles Badeen and Richard Davis shall cease all management and supervisory duties at Joe's and any other business or establishment covered by this Order (including any Place of Public Accommodation) in which they subsequently acquire an ownership and/or managerial interest. Defendants Badeen and Davis may continue ownership interests in covered establishments, but must enter into a contract with an independent third party to perform day-to-day managerial and supervisory functions. Defendant Davis may continue to be an employee of Joe's, but must not have any supervisory duties regarding security or decisions of who is allowed to enter or remain in Joe's.

  15. In the event that Defendants allow others to utilize Joe's or any other Place of Public Accommodation, including persons who may rent or otherwise negotiate for use of the building, Defendants shall inform such persons that they may not discriminate on the basis of race, color, or national origin. Defendants shall also obtain from them, as a condition of their use of the building, a sworn statement in the form of Attachment F agreeing that they shall not discriminate on the basis of race, color, national origin, or religion, violations thereof being subject to the contempt power of the Court.

  1. Remedies for Past Discrimination

To ensure that all persons are made aware that Joe's will admit persons of all races and to overcome any legacy stemming from Defendants' prior discriminatory practices, Defendants shall perform the following actions:

  1. Within thirty (30) days after the date of entry of this Order, make a one-time payment of Five Thousand Dollars ($5,000) to a civil rights organization whose mission includes efforts to prevent discrimination on the basis of race, color, and national origin. The funds shall be used to perform testing at Joe's to insure that it is operating in a non-discriminatory manner. The civil rights organization designated to receive this payment shall be an organization that has experience in performing race and national origin testing at places of public accommodation subject to approval by the United States.

  2. To alert the public that Joe's does not discriminate on the basis of race, color, and national origin, Defendants shall perform the following advertising:

    1. At least once per month for the first six (6) months from the date of entry of this Order, obtain paid advertisements in local newspapers or other printed media, including but not limited to the Wichita Business Journal, the Community Voice, Mi Gente Hoy, and Nuestra Voz and at least once per month for the first five (5) months from the date of entry of this Order, obtain paid advertisements in the Wichita Eagle. These advertisements shall be no less than one eighth of one page of the relevant newspaper or other print media and shall indicate among other information that Joe's is open to all members of the public on an equal basis, without regard to race, color, national origin, or religion. Advertisements in Spanish-language news papers shall be produced in Spanish. The text for the advertisement is specified in Attachment G.

    2. At least once per month for the first six (6) months from the date of entry of this Order, obtain paid advertising on local English-language and Spanish-language radio stations, including but not limited to KANR 92.7 FM, KDGS 93.9 FM, KKRD 107.3 FM, KTCM 100.3 FM (Spanish), and KSKU 97.1 FM. These advertisements shall be no less than thirty seconds long and shall indicate, in English and Spanish, that, among other information, Joe's is open to all members of the public on an equal basis, without regard to race, color, national origin, or religion. The Spanish-language version shall be performed by a native speaker of Spanish. The text for the advertisement is specified in Attachment G.

    3. Throughout the duration of this Order, include a statement in all advertisements for Joe's or any other Place of Public Accommodation, whether the advertisement is broadcast via radio, television, print, internet, electronic mail, or any other means, that Joe's or the other Place of Public Accommodation does not discriminate on the basis of race, color, or national origin. The text of this statement is specified in Attachment H.

    4. Throughout the duration of this Order, produce Spanish-language versions of all advertisements and purchase advertising from Spanish-language media sources equal to that of English-language media advertising. Spanish-language versions of radio, television, and other audio advertisements shall be performed by a native speaker of Spanish.

  1. Reporting, Record Keeping, and Monitoring

  1. No later than sixty (60) days after the date of entry of this Order, Defendants shall send a report evidencing their compliance with this Order to counsel for the United States. This report shall consist of the following:

    1. A photograph of each public entrance to Joe's, and any other Place of Public Accommodation covered by this Order, clearly showing the signs required under paragraph VI. A., VI. B., VI.C, VI.D., and VI.F. of this Order;

    2. A list of all advertisements as required under paragraph VII.B. of this Order, made public in any manner since the entry of this Order, together with representative samples of such advertisements;

    3. The sworn statements signed by any and all employees pursuant to paragraph VI.J. and VI.K. of this Order.

    4. Written certification by the person conducting the educational program referred to in paragraph VI.H., VI.I.

    5. Written certification from Defendants that Charles Badeen and Richard Davis do not perform any managerial or supervisory functions at any establishment covered by this Order and identifying the independent third party with whom Defendants have contracted to perform such managerial and supervisory duties for any establishment covered by this Order.

  2. Six (6) months after the date of entry of this Order, and every six months thereafter until this matter is dismissed with prejudice against the applicable Defendant, the Defendants shall send to counsel for the United States a written report evidencing continuing compliance with this order. This report shall contain the following information:

    1. Representative samples of all advertising for the previous six-month period, as required by paragraph VII.B. above;

    2. The sworn statements signed by new employees pursuant to paragraph VI.J. and VI.K.. of this Order.

    3. Written certification by the person conducting the educational program referred to in paragraph VI.H., VI.I.

    4. All documents obtained from persons who rent or otherwise use the buildings, as required by paragraph VI.N.;

    5. Any written or oral complaint which comes to the attention of the Defendants, either personally or through their managers, officers, directors or shareholders, or employees, involving any discrimination on the basis of race, color, or national origin at Joe's and/or any other business or entity covered by this Consent Order in which any Defendant presently has, or subsequently acquires, an ownership or management interest. If the complaint is written, the Defendants shall provide the original; if the complaint is oral, the Defendants shall provide a written summary of it along with the name or other identifying information of the complainant. The Defendants shall include full details of the complaint, including the complainant's name, address and telephone number, and any action taken or proposed by the Defendants in response to the complaint;

    6. Information regarding any change in the ownership of Joe's and any change in its name or address;

    7. Information regarding any interest that any Defendant has obtained in any other Place of Public Accommodation during the preceding six-month period. Such information shall include the name of the establishment in which the Defendant(s) has acquired or developed such interest, the identity of the Defendant acquiring the interest, the nature of the interest, the address of such establishment, the goods and/or services provided by such establishment, and the dates of operation of such establishment. Upon reasonable request, the Defendants shall provide to the United States copies of pertinent records or documents relating to any other Place of Public Accommodation;

    8. Notification to counsel for the United States whether, during the preceding six-month period, any Defendant has either ceased operating, or has licensed his or her name to others for the purpose of operating Joe's or any other establishment or business covered by this Order, in which the Defendant(s) had an ownership or management interest. Upon reasonable request, the Defendant(s) shall provide to the United States copies of pertinent records or documents; and

    9. Written certification from Defendants Badeen and Davis that they do not perform any managerial or supervisory functions in any establishment or business covered by this Order in which they acquired an ownership or other interest during the preceding reporting period and identifying the third party with whom they have contracted to provide such managerial services for such establishment or business.

  3. Defendants shall, until this lawsuit is dismissed with prejudice as described in Section IX below, preserve all records which are the source of, or contain, any of the information pertinent to Defendants' obligations under this Order. Upon reasonable notice to counsel for Defendants, representatives of the United States shall be permitted to inspect and copy all pertinent records of Defendants at any and all reasonable times; provided, however, that the United States shall endeavor to minimize any inconvenience to Defendants from inspection of such records.

  1. Duration of the Order

This Court shall retain jurisdiction of this case until it is dismissed with prejudice. Defendants Gale, Davis, Anthony Morris, Connie Morris, Better Times, Inc., and JOOT, Inc. may move the Court to dismiss this lawsuit with prejudice at the sooner of 40 months after the entry of this Order or six months after the United States' receipt of the last report required under Section VIII above. Defendant Badeen may move this Court to dismiss this lawsuit with prejudice at the sooner of 66 months after the entry of this Order or six months after the United States's receipt of any reports he is required to provide.

  1. Enforcement of this Order

This Court shall retain jurisdiction of this case until it is dismissed with prejudice as set forth in Section IX above for the purpose of enforcing this Order. The Parties shall endeavor to resolve informally any differences regarding interpretation of or compliance with this Order prior to bringing such matters to the Court for resolution. Before any of the Parties brings such matter to the Court, the moving party shall file with the Court a certification that the Parties involved in the dispute have conferred in an attempt to resolve the dispute. However, any failure to comply with any or all of the provisions of this Order, including timely notice, shall subject Defendants to findings of contempt, and the Parties have agreed that the United States may seek any and all relief from this Court, including the assessment of a monetary penalty of $3,000.00, against defendants for every instance of noncompliance, substantive or otherwise. Such penalty or penalties shall be paid to an organization furthering civil rights in the state of Kansas selected by the United States.

It is so ORDERED, ADJUDGED, and DECREED this _____ day of _____________, 2002.

UNITED STATES DISTRICT JUDGE


For Plaintiff United States:

James E. Flory
United States Attorney
301 N. Main Street
Suite 1200
Wichita, KS 67202
(316) 269-6481

Ralph F. Byd, Jr.
Assistant Attorney General
Civil Rights Division

Joan A. Magagna, Chief
Jeanine M. Worden, Deputy Chief
Ana Henderson
Attorney
Housing and Civil Enforcement Section
P.O. Box 65998
Washington, DC 20035-5998
(202) 353-9300
(202) 514-1116 (fax)

For Defendants:

Candi Morris, in her individual capacity
and as President of JOOT, Inc.
126 S. Highland
Conway Springs, KS 67031

Anthony Morris, in his individual capacity
and as an officer of JOOT, Inc.
126 S. Highland
Conway Springs, KS 67031

Charles Badeen, in his individual capacity
and as President of Better Times, Inc.
6015 Jacquline
Wichita, KS 67206

Richard Davis
3007 S. Mount Carmel
Wichita, KS 67217

Randall Gale, in his individual capacity
and as an owner and officer of Better Times, Inc.
725 E. Skinner
Wichita, KS 67211

John Stang
Hulnick Law Officers
Counsel for Defendants Badeen, Davis, Candie Morris, Anthony Morris, Better Times, Inc., and JOOT, Inc.
Wichita, KS 67202-1003


1. Sections VI.A., VI.C., VI.E., VI.F., VI.G., VI.J., VI.L., VI.N., VII, and VIII.A. will not apply to Defendant Gale. Sections V, VI.B., VI.D., VI.H., VI.I., VI.K., VI.M., VI.O., VIII.B, and VIII.C. will apply to Defendant Gale if he obtains an interest in the ownership, operation, management, or staffing of any place of public accommodation, as defined below, within the duration of this Order.

2. Written requests to Defendants shall be directed to: John Stang; Hulnik Law Offices; 310 West Central, Ste. 111; Wichita, KS 67202-1003


Document Filed: March 8, 2002

General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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