UNITED STATES OF AMERICA,

           Plaintiff,

           v.                                               C.A. NO.

BLACK WOLF, INC.

           Defendant.
___________________________________

PLAINTIFF UNITED STATES' 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 (Public Accommodations Act), 42 U.S.C. §§2000a et seq.

Jurisdiction

2. This Court has jurisdiction over this action pursuant to 42 U.S.C. §§2000a-3(a) and 2000a-5(a) and 28 U.S.C. §1345.

3. Venue is proper in the Northern District of West Virginia because the claims alleged herein arose in this District and the Defendant does business in this District.

Parties

4. Defendant Black Wolf Inc. is a privately-held corporation chartered under the laws of the State of West Virginia. Its address is 409 Harrison Street, Newell, West Virginia.

5. Defendant Black Wolf Inc. owns and operates a restaurant known as The Mounty on Route 30 in Chester, West Virginia. The Mounty is licensed by the West Virginia Alcohol Beverage Control Administration as a Class A Retail Licensee, permitted to serve liquor, wine and beer on the premises. The license lists The Mounty as a "private club."

Title II Violations

6. The Mounty is a place of public accommodation under 42 U.S.C. §2000a(b)(1) and affects commerce within the meaning of 42 U.S.C. §2000a(c)(1).

7. Defendant, acting through its officers, employees, and agents, has engaged in policies and practices which deny to persons, on account of race or color, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of The Mounty.

8. Defendant, acting through its officers, employees and agents, has carried out such policies and practices of racial discrimination by, among other ways, implementing policies and procedures to exclude or limit the number of non-white clientele in The Mounty and to refuse service to non-white clientele on account of race.

9. The conduct of Defendant described in paragraphs 7 and 8 above constitutes a pattern or practice of resistance to the full and equal enjoyment by non-white 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.

Prayer For Relief

Wherefore the United States requests that the Court enter an Order:

1. Declaring that the discriminatory practices of the Defendant violates Title II of the Civil Rights Act of 1964, 42 U.S.C. §§2000a et seq.;

2. Enjoining Defendant 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. Requiring the Defendant 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 disbursements of this action.

_______________________ THOMAS E. JOHNSTON UNITED STATES ATTORNEY HELEN ALTMEYER ASSISTANT UNITED STATES ATTORNEY Bar No. 117 1100 Main Street Suite 200 P.O. Box 591 Wheeling, West Virginia Tel: (304) 234-0100 Fax: (304) 234-0112	_______________________ R. ALEXANDER ACOSTA ASSISTANT ATTORNEY GENERAL
	_______________________ STEVEN H. ROSENBAUM CHIEF, Housing & Civil Enforcement Section _______________________ JEANINE M. WORDEN DEPUTY CHIEF ALLEN W. LEVY TRIAL ATTORNEY Housing & Civil Enforcement Section Civil Rights Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 (202) 514-2188 Fax: (202) 514-1689

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Document Filed: November 20, 2003