UNITED STATES OF AMERICA,
     Plaintiff,

v.

CHARLES BADEEN; RANDALL GALE;
RICHARD DAVIS; CANDI MORRIS;
ANTHONY MORRIS; BETTER TIMES,
INC.; AND JOOT, INC. D/B/A
JOE'S A/K/A ACAPULCO JOE'S,
     Defendants.

_________________________________

The United States of America alleges as follows:

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-3(a) and 2000a-5(a) and pursuant to 28 U.S.C. §§1331 and 1345. The Court may issue certain declaratory relief pursuant to 28 U.S.C. §§2201 - 2202.

3. Venue is proper in the District of Kansas because the conduct giving rise to this action occurred in Wichita, Kansas, and the Defendants do business in this District.

4. Joe's, which has also been known as Acapulco Joe's, (hereinafter "Acapulco Joe's") is a nightclub located in the Old Town area of downtown Wichita, Kansas.

5. Defendant JOOT, Inc. is a corporation organized under the laws of the State of Kansas. Its corporate headquarters are located in Wichita, Kansas. Upon information and belief, all of its outstanding shares of stock are owned by Candi Morris and Anthony Morris. Defendant JOOT, Inc. is the current owner and operator of Acapulco Joe's.

6. Defendant Better Times, Inc. is a corporation organized under the laws of the State of Kansas. Its headquarters are located in Wichita, Kansas. Upon information and belief, all of its outstanding shares of stock are owned by Charles Badeen and Randall Gale. Upon information and belief, Better Times, Inc. owned Acapulco Joe's from June 1998 until October 2000.

7. Charles Badeen is a resident of Kansas. From at least 1994 to the present, Mr. Badeen held an ownership interest in, managed, and/or operated Acapulco Joe's.

8. Randall Gale is a resident of Kansas. From at least 1998 to the present, Mr. Gale held an ownership interest in, managed, and/or operated Acapulco Joe's.

9. Richard Davis is a resident of Kansas. From at least 1998 to the present, Mr. Davis held an ownership interest in, managed, and/or operated Acapulco Joe's.

10. Candi Morris is a resident of Kansas. From October 2000 to the present, Ms. Morris held an ownership interest in, managed, and/or operated Acapulco Joe's.

11. Anthony Morris is a resident of Kansas. From October 2000 to the present, Mr. Morris held an ownership interest in, managed, and/or operated Acapulco Joe's.

12. Acapulco Joe's is a place of public accommodation under 42 U.S.C. §2000a(b)(3) and (4). Acapulco Joe's affects commerce within the meaning of 42 U.S.C. §2000a(c)(3).

13. Between at least 1994 and the present, defendants, acting individually and through their officers, employees, and agents, have engaged in policies and practices which deny to persons, on account of race, color and/or national origin, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of the night club Acapulco Joe's.

14. Between at least 1994 and the present, defendants, acting individually and through their officers, employees and agents, have carried out such policies and practices of discriminating on the basis of race, color, and/or national origin in a variety of ways, including but not limited to the following:
    1. applying different and more onerous terms and conditions to African American and Latino persons seeking to enter Acapulco Joe's than they apply to white persons with regard to the night club's requirements relating to dress code and proof-of-age identification; and

    2. implementing policies and procedures to exclude or limit the number of African American and Latino clientele in Acapulco Joe's.

15. Defendants' conduct described in paragraphs 13 and 14 above constitutes a pattern or practice of resistance to the full and equal enjoyment by African American and Latino persons of rights secured by 42 U.S.C. §§2000a et seq., and this pattern or practice is of such a nature and is intended to deny the full exercise of such rights.

WHEREFORE, the United States requests that the Court enter an Order:

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

2. Enjoining defendants, their officers, 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, color, or national origin, 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 defendants, their officers, 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 their 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.

	Ralph F. Boyd Assistant Attorney General Civil Rights Division
James E. Flory United States Attorney 310 N. Main Street Suite 1200 Wichita, KS 67202 (316) 269-6481	Joan A. Magagna Chief, Housing and Civil Enforcement Section
	Jeanine M. Worden Deputy Chief Ana Henderson Attorney Housing and Civil Enforcement Section - G St. 950 pennsylvania Avenue, N.W. Washington, D.C. 20530 (202) 353-9300 (202) 514-1116 (fax)

Document Filed: March 8, 2002