IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA,
CANDY II, INC., d/b/a/ EVE,
COMPLAINT FOR INJUNCTIVE RELIEF
The United States of America alleges that:
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, 42 U.S.C. §§ 2000a, et seq.
2. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 2000a-5(a) and 28 U.S.C. § 1345.
3. Venue is proper in the Eastern District of Wisconsin because the claims alleged herein arose in this District and the Defendant does business in this District.
4. Defendant Candy II, Inc. is a Wisconsin corporation that is registered with the State of Wisconsin and does business in the Eastern District of Wisconsin.
5. Defendant Candy II, Inc. is doing business as "Eve."
6. Eve is a restaurant and nightclub located at 718 North Milwaukee Street in Milwaukee, Wisconsin.
7. Eve is a place of public accommodation within the meaning of 42 U.S.C. §§ 2000a(b)(2) and (b)(3).
8. The operation of Eve affects commerce within the meaning of 42 U.S.C. §§ 2000a(c)(2) and (c)(3).
9. Thomas L. Wackman is the registered agent for Candy II, Inc., and is responsible for the daily management and operation of Eve.
Title II Violations
10. Since at least 2002 and continuing through the present, Defendant, through its own actions, or the actions of its employees or agents, has engaged in policies and practices that deny to African-American individuals, on account of these individuals' race, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of Eve.
11. Since at least 2002 and continuing through the present, Defendant, through its own actions, or the actions of its employees or agents, has carried out such policies and practices of discriminating on the basis of race in a variety of ways, including but not limited to, falsely telling African-Americans, but not similarly situated white persons, that they cannot enter Eve because there is a private party and/or that Eve is at capacity as a pretext for denying such persons admission to Eve.
12. The conduct of Defendant described in Paragraphs 10 and 11 constitutes a pattern or practice of resistence of the full and equal enjoyment by African-American individuals, on account of these individuals' race, 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.
Prayer for Relief
WHEREFORE, the United States requests that the Court enter an Order:
1. Declaring that the discriminatory practices and policies of the Defendant violate Title II of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a, et seq.;
2. Enjoining Defendant, its employees, agents, and successors, and all other persons in active concert or participation with Defendant, from engaging in any act or practice which, on the basis of race, denies or abridges any rights secured by Title II of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000a, et seq.;
3. Requiring Defendant, its employees, agents, and successors, and all other persons in active concert or participation with any of them, to take such affirmative steps as may be necessary to remedy the past unlawful conduct.
The United States further prays for such additional relief as the interests of justice may require, together with the costs and disbursement of this action.
| ALBERTO R. GONZALES |
STEVEN M. BISKUPIC
United States Attorney
MATTHEW V. RICHMOND
Chief, Civil Division
517 East Wisconsin Avenue
Room 530 Federal Bldg.
Milwaukee, WI 53202
| _________________________ |
WAN J. KIM
Assistant Attorney General
Civil Rights Division
STEVEN H. ROSENBAUM
TIMOTHY J. MORAN
Housing and Civil Enforcement
Civil Rights Division
U.S. Department of Justice
Washington, D.C. 20530
(202) 514-1116 (fax)
Document Filed: December 29, 2005 > >