IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA,
BYRON RICHARD, D/B/A
The United States of America alleges:
- This action is brought by the Attorney General on behalf of the United States to enforce
Title II of the Civil Rights Act of 1964 (Public Accommodations), 42 U.S.C. § 2000a-5(a).
- This Court has jurisdiction of this action pursuant to 42 U.S.C. § 2000a-6(a) and 28
U.S.C. § 1345.
- Defendant Byron Richard owns and operates the business establishment known as
"Hylites Lounge" located on Highway 91 in Gueydan, Louisiana, in the Western District of
Louisiana. This Defendant is a resident of the Western District of Louisiana.
- Hylites Lounge is a nightclub facility where persons are amused and entertained by, inter
alia, dancing, listening to live music, playing pool and other games, and drinking alcoholic and non-alcoholic beverages. Hylites Lounge offers its goods, services, and facilities to the public for a fee.
- Hylites Lounge is a place of public accommodation within the meaning of 42 U.S.C. §
- The operations of the Defendant at Hylites Lounge affect commerce within the meaning
of 42 U.S.C. § 2000a(c)(3).
- Defendant has himself, and acting through his employees and agents, implemented a
policy and practice of denying to African-American persons, on account of race, the full and equal
enjoyment of the goods, services, facilities, and privileges of Hylites Lounge on the same basis as
they make such available to non-African-American persons. This policy and practice has been
implemented, among other ways, by refusing to admit African-American customers into the club
while admitting white customers, and by refusing to serve African-American customers.
- The conduct of Defendant described in Paragraph 7 constitutes a pattern or practice of
resistance to the full and equal enjoyment by African-American persons of rights secured by 42
U.S.C. § 2000a, et seq.; and the pattern or practice is of such a nature and is intended to deny the full
exercise of such rights.
- Unless restrained by Order of this Court, the Defendant will continue to refuse to provide
African-American persons with the full and equal enjoyment of rights secured to them by 42 U.S.C.
§2000a, et seq.
WHEREFORE, the United States prays that the Court enter an ORDER:
- Declaring that the actions of the Defendant as set forth above violate Title II of the Civil
Rights Act of 1964, 42 U.S.C. § 2000a, et seq.;
- Enjoining the Defendant, his officers, employees, agents, and successors, and all other
persons in active concert or participation with any of them, from engaging in any act or practice
which, on the basis of race or color, denies or abridges any rights secured by Title II of the Civil
Rights Act of 1964, 42 U.S.C. § 2000a, et seq.; and
- Enjoining the defendant, his agents, employees, and successors, and all other persons in
active concert or participation with any of them from failing or refusing to take such affirmative
steps as may be necessary to remedy the past unlawful conduct, including but not limited to,
informing the general public that the facilities of Hylites Lounge are available without regard to race
or color, and restoring victims of defendant's past unlawful practices to the position they would have
been in but for the discriminatory conduct.
The United States further prays for such additional relief as the interests of justice may
Bill Lann Lee
Acting Assitant Attorney General
Civil Rights Division
Joan A. Magagna
Chief, Housing and Civil Enforcement Section
Brian F. Heffernan
Housing and Civil Enforcement Section
Civil Rights Division
United States Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
Michael D. Skinner
United States Attorney
Janice E. Herbert (20218)
Assistant U.S. Attorney
800 Lafayette Street, Suite 2200
Lafayette, Louisiana 70501