WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
UNITED STATES OF AMERICA
BEATRICE RODRIGUEZ, DWAYNE
RODRIGUEZ, REYNALDO GARCIA,
SR., TOM GARCIA, REYNALDO
GARCIA, JR., MANUEL GARCIA,
ROXANNE VELA, DIANA GARCIA,
JOHNNY GARCIA, GISLA REYES,
ADRIANA CHARLES, LUIS
RAMIREZ and MARGARET RAMIREZ
CAMP RIVERVIEW, INC.
d/b/a CAMP RIVERVIEW,
JIMMY MEYER, individually,
and SUZANNE MEYER,
DefendantsSETTLEMENT AGREEMENT AND ORDER
The United States has filed a Complaint in this action alleging that Defendants, Camp Riverview Inc. d/b/a Camp Riverview, and Jimmy Meyer and Suzanne Meyer have violated Title II of the Civil Rights Act of 1964, 42 U.S.C. § 2000a et seq., by engaging in discriminatory practices against campers on the basis of national origin and color.
Camp Riverview, Inc. is a Texas corporation. Camp Riverview is a campground with approximately 30 spaces for overnight camping as well as several cabins and shelters. Camp Riverview is located at HCR 70, Box 471, in Concan, Texas. Defendants Jimmy Meyer and Suzanne Meyer are the owners and operators of Camp Riverview.
The parties agree that at all times relevant to the allegations contained in the Complaint, Camp Riverview, Inc. d/b/a Camp Riverview is a "place of public accommodation" within the meaning of 42 U.S.C. 2000a(b)(1) and its operations "affect commerce" within the meaning of 42 U.S.C. 2000a(c)(1).
In its Complaint, the United States alleges that Defendants have implemented a policy and practice of denying to Hispanic individuals, on account of national origin and/or color, the full and equal enjoyment of Defendants' goods, services, facilities, privileges, advantages, and accommodations, on the same basis as they make them available to white persons. The Complaint specifically alleges and the United States would introduce evidence at trial demonstrating that Defendants and their agents have carried out this policy and practice by, among other things: (1) evicting Hispanic individuals from the campground property; (2) harassing Hispanic guests who are staying at Camp Riverview; (3) enforcing campground rules in a discriminatory manner on the basis of national origin (i.e., Hispanic); (4) denying Hispanic individuals accommodations; and (5) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce persons with the purpose of interfering with their rights to equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations offered to patrons of the campground. The United States contends that the evidence presented at trial would establish that Defendants' conduct constitutes a pattern or practice of resistance to the full and equal enjoyment by Hispanic individuals 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.
Defendants deny the allegations in the Complaint. This Settlement Agreement and Order ("Order") represents a compromise of the disputed claims in this case.
The United States and Defendants agree that in order to avoid potentially protracted and costly litigation, this controversy should be resolved through the terms of this Order. Therefore, without a trial or adjudication on the merits, the United States and the Defendants have consented to the entry of this Order.
WHEREFORE, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
II. SCOPE AND DURATION OF DECREE
A. All provisions of this Order shall apply to Defendants, their employees and agents and to anyone acting in whole or in part under the direction of Defendants in connection with the treatment of and /or service to Camp Riverview patrons.
B. The provisions of this Order are effective immediately upon the entry of the Order by the Court. The Order shall be effective for a period of two (2) years from the date of entry. At the end of this period, this case will be dismissed by the Court, unless, prior to the aforementioned expiration date, Plaintiff United States asks the Court to extend the term and establishes that there has been significant noncompliance with the terms of this Order.
C. The Court shall retain jurisdiction over this action and over the Defendants during the time period specified above.
III. NONDISCRIMINATION PROVISIONS
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 Camp Riverview located at HR70, Box 471, Concan, Texas, are hereby enjoined from denying to any person, because of color and/or national origin, the full and equal enjoyment of all of the goods, services, facilities, privileges, advantages and accommodations of Camp Riverview. Such conduct would include but not be limited to: (1) failing or refusing, on account of color and/or national origin, to admit any person onto the campground property; (2) discriminating on the basis of color and/or national origin in the terms, conditions, or privileges of admission to Camp Riverview; (3) selectively enforcing campgrounds rules, including rules requiring eviction of campers, on the basis of color and/or national origin; (4) adopting practices, policies or procedures in the management and/or operation of Camp Riverview that are designed to exclude and discourage persons from staying at Camp Riverview on the basis of their color and/or national origin; (5) intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce persons with the purpose of interfering with their rights to equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations offered to Camp Riverview campers; and (6) punishing or attempting to punish persons for exercising or attempting to exercise their rights to equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations offered to Camp Riverview campers.
IV. AFFIRMATIVE REMEDIES
Within thirty (30) days of the date of entry of this Order, Defendants shall establish and submit for approval by the United States campground customer policies and procedures relating to: (1) admissions; (2) reservations/deposits and refunds; (3) campground rules, and (4) eviction procedures. All such policies and procedures shall, consistent with Title II, ensure that all visitors, patrons, and potential patrons of Camp Riverview receive equal treatment in the goods, services, facilities, privileges, advantages and accommodations offered by Camp Riverview, regardless of their color and/or national origin. The United States shall review such policies and procedures to ensure that they comply with Title II's requirement of ensuring that all visitors, campers, and prospective campers of Camp Riverview receive equal treatment in the goods, services, facilities, privileges, advantages and accommodations offered by Camp Riverview, regardless of their color and/or national origin. Such policies and procedures shall be adopted within fifteen days after approval by the United States and shall be provided without charge to all campers and prospective campers who so request. In addition, such policies and procedures shall be prominently posted in a location that is easily visible to patrons at the entrance to the Camp Riverview store and at the admission booth and shall remain posted in such locations throughout the term of this Order.
2. The campground customer policies and procedures described in Paragraph IV.A.1 above may be modified by Defendants with prior written consent of the United States, provided that Camp Riverview gives no less than forty-five (45) days prior written notice of its desire to modify the policy, and the United States provides a written determination that such modifications do not violate Title II.
Within fifteen (15) days of the date of entry of this Order, Defendants shall erect and maintain at the admission booth into the Camp Riverview campground and at the campground store, a printed sign stating in both English and Spanish in block letters in a size agreed upon by the parties, that Camp Riverview campgrounds are open to all members of the public without regard to race, color, national origin, or religion. Such signs 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 campground premises. Such signs shall also include a statement that any persons who believe that they have been discriminated against by the Camp Riverview management or staff on the basis of race, color, national origin, or religion may write or call the Housing and Civil Enforcement Section of the Civil Rights Division of the United States Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C., 20530, telephone number (800) 896-7743. The text for such sign is set forth in Exhibit 1 attached hereto. Such signs shall remain posted in such locations throughout the term of this Order.
1. Defendants shall, no later than twenty (20) days prior to Camp Riverview's opening day for the season (May 1, 2004 and May 1, 2005), apprise each of its employees of the contents of this Order and their obligations under Title II of the Civil Rights Act of 1964. Defendants shall furnish each such employee with a copy of this Order. Each such employee shall sign a statement in the form attached hereto as Exhibit 2 no later than fifteen (15) days following their meeting with Defendants. All new employees of Defendant whose job responsibilities include interaction with campground patrons shall sign a statement in the form of Exhibit 2 no later than five (5) days following their first day of employment;
2. Within forty-five (45) days of the date of this Order, Defendants Jimmy Meyer and Suzanne Meyer shall attend a program of educational training concerning the substantive provisions of Title II and their responsibilities under the law. The training session shall be conducted by an organization or person that has experience in civil rights training, to be selected by the Defendants and approved by the United States. The representative of the organization or the person who conducts this training session shall certify the attendance of Jimmy Meyer and Suzanne Meyer using the form attached hereto as Exhibit 3. The costs of the training shall be borne by the Defendants.
Defendants represent that they do not currently use any marketing media and will not be renewing their membership to the Texas Association of Campgrounds. In the event Defendants begin using marketing materials during the pendency of this Order, all such materials shall include the anti-discrimination language (both English and Spanish-language version) set forth in the first paragraph of Exhibit 1.
V. REPORTING REQUIREMENTS
A. The Defendants shall, no later than sixty (60) days after the date of entry of this Order, serve upon counsel for the United States a report explaining their efforts to comply with this Order. This report shall consist of the following:
1. Photographs of the Camp Riverview admission booth and the campground store operated by Defendants, clearly showing the posting of policies required by Paragraph IV.A.1 and the signs required under Paragraph IV.B. of this Order;
2. The statements signed by any and all employees pursuant to Paragraph IV.C.1. of this Order;
3. Written certification by the person conducting the educational training program referred to in Paragraph IV.C.2. of this Order and attached as Exhibit 3.
4. In the event Defendants begin using media marketing during the pendency of this Order, a list of marketing media used together with representative samples of such advertisements.
5. Evidence of compliance with the requirements of Section IV.E.
B. Five months after the date of entry of this Order, and every six months thereafter for two (2) years from the date of entry of this Order, Defendants shall serve upon counsel for the United States a written report evidencing continuing compliance with this Order. This report shall contain the following information:
1. Employee statements of new employees as required by Paragraphs IV.C.1 of this Order.
2. In the event Defendants begin using media marketing during the pendency of this Order, a list of marketing media used together with representative samples of such advertisements.
3. Any written and oral complaints which come to the attention of any of the Defendants, either personally or through their agents or employees, involving any allegation of discrimination on the basis of color and/or national origin at Camp Riverview. If the complaint is written, Defendants shall provide a legible photocopy of the complaint. If the complaint is oral, Defendants shall keep a log of the complaint, which includes a signature of the complainant along with the name, address and telephone number of the complainant. If the complaint is made over the telephone, Defendants, their agents or employees shall legibly fill out the form attached as Exhibit 4 with the information provided over the telephone by the complainant. Defendants shall provide legible photocopies of the log described above. Defendants shall also report any action taken or proposed by Defendants in response to any such written or oral complaint.
4. Photographs showing compliance with the requirements of Paragraphs IV.A.1 and IV.B.
C. For the 2004 and 2005 campground seasons, Defendants shall also serve upon counsel for the United States, once a month, a record of each and every Camp Riverview camper or visitor whom they evict from the campground. This monthly record shall include the name, address and telephone number of the camper/visitor and the reason for the eviction. This reporting requirement applies to the months of May - September 31, 2004 and May - September 31, 2005.
VI. ADMINISTRATIVE PROVISIONS
This Court shall retain jurisdiction of this case 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 matter to the Court for resolution. The United States may seek any and all relief from this Court including contempt of court and the assessment of a monetary penalty for every substantive instance of noncompliance with the terms of this Order which involve discriminatory treatment of visitors, patrons, or prospective patrons of the campground.
Nothing in this Decree shall prevent the United States from utilizing its testers to monitor Camp Riverview during the term of this Order. The United States also shall not be prevented from conducting non-testing investigations that include, but are not limited to, onsite observation of Camp Riverview and the treatment provided to Camp Riverview visitors, patrons, or prospective patrons, provided such investigations do not interfere with the normal Camp Riverview business operation.
It is so ORDERED, ADJUDGED, and DECREE, this the ______ day of ______, 2004.
UNITED STATES DISTRICT COURT JUDGE
FOR PLAINTIFF UNITED STATES:
STEVEN H. ROSENBAUM
JEANINE M. WORDEN
ELISE S. SHORE
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave, N.W.
Washington, D.C. 20530
(202) 514-1116 (fax)
SUSAN B. BIGGS
Assistant U.S. Attorney
601 NW Loop 410, Suite 600
San Antonio, Texas 78216
(210) 384-7312 (fax)
CHARLES S. FRIGERIO
HECTOR X. SAENZ
Law Offices of Charles S. Frigerio
111 Soledad, Suite 840
San Antonio, Texas
CAMP RIVERVIEW IS OPEN TO ALL PERSONS WITHOUT REGARD TO THEIR NATIONAL ORIGIN, RACE, COLOR, OR RELIGION. IT IS AGAINST THE LAW FOR A PLACE OF PUBLIC ACCOMMODATION TO DISCRIMINATE ON THE BASIS OF NATIONAL ORIGIN, RACE, COLOR, OR RELIGION.
IF YOU FEEL YOU HAVE BEEN DISCRIMINATED AGAINST AT CAMP RIVERVIEW, YOU MAY WRITE OR CALL: Housing and Civil Enforcement Section,
Civil Rights Division, U.S. Department of Justice, Northwestern Building, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, (800) 896-7743, (202) 514-4713.
SPANISH LANGUAGE VERSION:
CAMP RIVERVIEW ESTÁ ABIERTO A TODAS PERSONAS SIN IMPORTAR SU ORIGEN NACIONAL, RAZA, COLOR O RELIGIÓN. LA LEY PROHÍBE DISCRIMINACIÓN POR MOTIVOS DE ORIGEN NACIONAL, RAZA, COLOR O RELIGIÓN EN ALOJAMIENTOS PÚBLICOS.
SI USTED PIENSA QUE CAMP RIVERVIEW HA DISCRIMINADO EN CONTRA SUYA, PUEDE ESCRIBIR O LLAMAR A LA SIGUIENTE OFICINA: Housing and Civil Enforcement Section, Civil Rights Division, U.S. Department of Justice, Northwestern Building, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, número de teléfono (800) 896-7743 ó (202) 514-4713.
I have been given a copy of the Order entered in United States v. Camp Riverview, Inc., d/b/a Camp Riverview, et al., Western District of Texas, Civil Action No. SA-02-CA-1021XR. I have read the Order, I understand the terms of that Order, and I further understand that federal law guarantees that no person may be denied, on account of their race, color, religion, or national origin, the full use and enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of Camp Riverview, or any other place of public accommodation. With that understanding, I agree that, as a condition of my providing goods and/or service in the provision of accommodations on behalf of Camp Riverview or any other place of public accommodation, neither I nor any other person who serves as my agent in any capacity, shall discriminate in any manner on account of race, color, religion and/or national origin in the provision of such goods and/or service.
Home Telephone Number
I certify that the following persons have attended the training session program pursuant to Paragraph IV. of the Order entered in United States v. Camp Riverview, Inc., d/b/a Camp Riverview, et al., Western District of Texas, Civil Action No. SA-02-CA-1021XR.
Name of Organization
Business Telephone Number
EXHIBIT 4 COMPLAINT OF DISCRIMINATION
Name of Person Making Complaint:
Social Security Number:
Date Discrimination Occurred:
Description of Discrimination (what happened and who was involved):
Where Discrimination Occurred:
Names, addresses, and telephone numbers of witnesses to discrimination:
This form was completed by:
Date Form Completed:
If this form was completed by a Camp Riverview agent or employee, please give job title:
This report should be sent to the United States Department of Justice, Civil Rights Division, Housing & Civil Enforcement Section (NWB), Att: DJ# 167-76-143, 950 Pennsylvania Avenue, N.W., Washington, DC. 20530, as well as via fax to (202) 514-1116.
Document Filed: March 9, 2004 > >