UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,
Plaintiff,
v.
Ghanashyambhai M. Patel and
Joyitshana G. Patel, d/b/a
Econo-Lodge Motel
Defendants.
______________________________
COMPLAINT
The United States of America, by and through the undersigned
United States Attorney, files this complaint and alleges:
- This action is brought by the Attorney General on
behalf of the United States of America to enforce Title II of the
Civil Rights Act of 1964 ("Public Accommodations Act"), 42 U.S.C.
§2000a, pursuant to the provisions of 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.
- The Defendants, Ghanashyambhai M. Patel and Joyitshana
P. Patel, own and/or operate the Econo-Lodge Motel, located at
553 N.E. 1st Avenue, Florida City, Florida, which is within the
Southern District of Florida.
- The Defendants, Ghanashyambhai M. Patel and Joyitshana
P. Patel reside within the Southern District of Florida.
- The Econo-Lodge is a business establishment that
provides lodging facilities to transient guests for a fee.
- Econo-Lodge is a "place of public accommodation" within
the meaning of 42 U.S.C. §2000a-(b)(1).
- The operations of the Econo-Lodge affect commerce
within the meaning of 42 U.S.C. §2000a-(c)(1).
- The Defendants and their employees and/or agents, have
implemented a policy and practice of denying African-American
persons, on the basis of their race and color, the full and equal
enjoyment of the facilities, services and accommodations of the
Econo-Lodge Motel on the same basis as such facilities, services
and accommodations are provided to white persons. This policy
and practice has been implemented, among other ways, as follows:
- Assigning African-American persons to specifically
designated rooms and/or areas of the motel because of
their race and color;
- Refusing to accommodate the preferences of African-American guests in the location and options or other
amenities of their hotel room; and
- Charging African-American persons a higher price for a room than white persons.
- The conduct of the Defendants, as described above in
paragraph 8, constitutes a pattern or practice of resistance to
the full and equal enjoyment of rights secured to African-American persons by 42 U.S.C. §2000a, et seq. This pattern or
practice is of such a nature as to, and is intended to, deny the
full exercise of such rights by African-American persons.
- Unless restrained by Order of this Court, the
Defendants will continue to deny African-Americans the full and
equal enjoyment of rights secured to them pursuant to 42 U.S.C.
§2000a, et. seq.
WHEREFORE, the United States prays that this Court enter an
Order permanently enjoining the Defendants, together with their
agents, employees, successors in interest, and all other persons
in active concert or participation with them, from:
- Failing or refusing to lease rooms at the Econo-Lodge Motel in Florida City, Florida, or any other place of
public accommodation owned and/or operated by the
Defendants, to African-American persons on the same
basis and under the same conditions as such rooms are
leased to white persons;
- Failing or refusing to ensure that all of the goods,
services, facilities, privileges, advantages, and
accommodations of the Econo-Lodge Motel in Florida
City, Florida, or any other place of public
accommodation owned and/or operated by the Defendants,
to African-American persons on the same basis as they
are made available to and used by white persons and
under the same conditions as they are made available to
and used by white persons;
- Engaging in any act or practice, which deprives
directly or indirectly any person, on the basis of
their race or color, the full and equal enjoyment of
the goods, services, facilities, privileges,
advantages, and accommodations of the Econo-lodge Motel
in Florida City, Florida, or any other place of public
accommodation owned and/or operated by the Defendants,
including assigning African-American persons to
specifically designated rooms and/or areas of the
motel, and charging African-American persons higher
rates than is charged white persons; and
- Failing or refusing to take such affirmative steps as
may be necessary to eliminate the effects of its past
racial discrimination, and to post appropriate notices
or otherwise inform the general public that the
facilities and services of the Econo-Lodge in Florida
City , Florida are available to members of the general
public without regard to race or color.
The United States further prays for such additional relief
as the interests of justice may require.
Janet Reno
Attorney General
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
Joan A. Magagna
Chief, Housing & Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
Tel. No.: (202) 514-4713
Thomas E. Scott
United States Attorney
Veronica Harrell-James
Assistant United States Attorney
99 N.E. 4th Street, 6th Floor
Miami, Florida 33132-2111
Fla. Bar No. 644791
Tel. No.: (305) 961-9327
Fax No.: (305) 530-7976