Housing And Civil Enforcement Cases Documents

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA


UNITED STATES OF AMERICA,
     Plaintiff,

v.

FREEWAY CLUB, INC.; and
ROBERT WATKINS,
     Defendants.

______________________________

COMPLAINT

Plaintiff, United States of America, alleges:

  1. 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).
  2. This Court has jurisdiction of this action pursuant to 42 U.S.C. § 2000a-6(a) and 28 U.S.C. § 1345.
  3. Defendant Freeway Club, Inc. is incorporated in the Northern District of Alabama and has its primary place of business within the Northen District. Freeway Club, Inc. owns and operates a nightclub called the Freeway Club, located at 3417 Highway 31 South, in Decatur, Alabama.
  4. Defendant Robert Watkins is the manager of the Freeway Club and oversees its day to day operations and admissions policies. Mr. Watkins works and resides in the Northern District of Alabama.
  5. The Freeway Club is a facility which provides entertainment to persons by offering recorded and live music, dancing, coin-operated pool tables, and other forms of entertainment. The Freeway Club offers its services, goods, and facilities to the public for an admission fee.
  6. The Freeway Club is a place of public accommodation within the meaning of 42 U.S.C. § 2000a(b)(3).
  7. The operations of Defendants at the Freeway Club affect commerce within the meaning of 42 U.S.C. § 2000a(c)(3).
  8. Defendants, acting through their employees and agents, have implemented a policy and practice of denying to African-American persons, on account of their race and color, the full and equal enjoyment of the goods, services, facilities, and privileges of the Freeway Club on the same basis upon which it makes such goods, services, facilities, and privileges available to non-African-American persons. This policy and practice has been implemented, among other ways, by refusing to admit black customers on the same terms and conditions on which white customers are admitted, including, but not limited to, requiring more forms of picture identification for the admittance of black patrons than is required of white patrons, and otherwise discouraging black patrons from attending the club.
  9. The conduct of Defendants described in Paragraph 8 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.
  10. Unless restrained by Order of this Court, Defendants 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, Plaintiff, the United States, requests that the Court enter an Order:

  1. Declaring that the actions of Defendants set forth above violate Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a, et seq.
  2. Enjoining Defendants, their 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
  3. Enjoining Defendants, their 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 the Freeway Club are available without regard to race or color, and restoring victims of Defendants' 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 require.


JOHN ASHCROFT
Attorney General

ALICE H. MARTIN
United States Attorney

RALPH F. BOYD, JR.
Assistant Attorney General
Civil Rights Division

JOAN A. MAGAGNA
Chief,
Housing and Civil Enforcement Section

JOHN C. BELL
Assistant United States Attorney
United States Attorney's Office
200 Federal Building
1800 Fifth Avenue North, Rm. 200
Birmingham, AL, 35203-2198
Tel: (205) 244-2001
Fax: (205) 244-2171
AL Bar No. ASB-2408-L73J

ISABELLE M. THABAULT
Deputy Chief
THOMAS J. KEARY
Trial Attorney
Housing & Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
Tel: (202) 616-9747
Fax: (202) 514-1116

Document Filed: May 13, 2002. > >

Updated August 6, 2015

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