IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
EARL WALKER,
d/b/a The Knights,
formerly Club 2000,
Defendant.
______________________________
COMPLAINT
Plaintiff, the United States of America, alleges:
- 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).
- This Court has jurisdiction of this action pursuant to
42 U.S.C. § 2000a-6(a) and 28 U.S.C. § 1345.
- Defendant Earl Walker, a resident of Valdosta, Georgia
within the Middle District of Georgia, owns and operates a
nightclub located at 4008 Bemiss Road, Valdosta, Georgia
31605. Mr. Walker's nightclub (hereinafter referred to as
("Club 2000") was known for a period of time as "Club 2000,"
and is currently known as "The Knights."
- Club 2000 is a facility which provides entertainment to
persons by offering recorded music, dancing, and other forms
of entertainment. Club 2000 offers its services, goods, and
facilities to the public for a fee, including an admission
price.
- Club 2000 is a place of public accommodation within the
meaning of 42 U.S.C. § 2000a(b)(3).
- The operations of the defendants at Club 2000 affect
commerce within the meaning of 42 U.S.C. § 2000a(c)(3).
- Club 2000's clientele includes, in part, servicemen and
servicewomen of the United States Air Force stationed at
nearby Moody Air Force Base in Georgia.
- Defendant, by himself, and acting through his employees and
agents, has implemented a policy and practice of denying to
African-American persons, including African-American members
of the United States Air Force, on account of their race,
the full and equal enjoyment of the goods, services,
facilities, and privileges of Club 2000 on the same basis
upon which he made such goods, services, facilities, and
privileges available to non-African-American persons. This
policy and practice has been implemented, among other ways,
as follows:
- Refusing to admit African-American customers into the club while admitting white customers;
- Refusing to admit African-American customers on the
same terms and conditions on which white customers are
admitted;
- Charging African-American customers higher admission
fees than white customers;
- Using advertising, including a billboard outside his
nightclub, appealing to race discrimination; and
- Limiting the number of African-American customers at
Club 2000.
- 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., and the pattern or
practice are of such a nature and are intended to deny the
full exercise of such rights.
- Unless restrained by Order of this Court, the 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:
- Declaring that the actions of the defendant as set
forth above violate Title II of the Civil Rights Act of
1964, 42 U.S.C. § 2000a, et seq.
- Enjoining the defendant, his 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
- Enjoining the defendant, his 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 Club 2000 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.
|
JANET RENO Attorney General |
G.F. Peterman, III United States Attorney M.D. Georgia |
Bill Lann Lee Assistant Attorney General Civil Rights Division |
Bill Gifford Assistant United States Attorney M.D. Georgia P.O. Box 1702 Macon, GA 31202-1702 |
Joan A. Magagna Chief, Housing & Civil Enforcement Section |
|
Isabelle M. Thabault Deputy Chief Ming-Yuen Meyer-Fong Attorney Housing & Civil Enforcement Section Civil Rights Division Department of Justice P.O. Box 65998 Washington, DC 20035-5998 Tel: (202) 514-4713 |
Document Filed: January 18, 2001