IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
UNITED STATES OF AMERICA
Plaintiff,
CIVIL ACTION NO.
BRIGGS OF SAN ANTONIO, INC.
d/b/a FAT TUESDAY
Defendant.
______________________________)
PLAINTIFF UNITED STATES' COMPLAINT FOR INJUNCTIVE RELIEF
The United States of America alleges that:
- 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 (the Public Accommodations Act), 42 U.S.C. § 2000a, et seq.
Jurisdiction
- This Court has jurisdiction over this action pursuant to 42 U.S.C. § 2000a(a) and § 2000a-5(a) and 28 U.S.C. 1345.
- Venue is proper in the Western District of Texas because
the claims alleged here arose in this District and the Defendants
do business here.
Parties
- Defendant Briggs of San Antonio, Inc., is a Louisiana
corporation. Defendant Briggs of San Antonio, Inc., operates in
the Western District of Texas (San Antonio, Texas).
- Fat Tuesday is a restaurant and bar located in San
Antonio, Texas.
- Fat Tuesday is a place of public accommodation within
the meaning of 42 U.S.C. § 2000a(b)(2) and (b)(3).
- The operation of Fat Tuesday affects commerce within the
meaning of 42 U.S.C. § 2000a(c)(2) and (c)(3).
Title II Violations
- Defendant, through its own actions, or the actions of
its employees or agents, have implemented a policy and practice
of denying to non-white individuals, on account of these
individuals' race, color and/or national origin, including but
not limited to black, Hispanic and Filipino, the full and equal
enjoyment of Defendants' goods, services, facilities, privileges,
advantages, and accommodations, on the same basis as they make
them available to white persons. Defendant and its agents have
carried out this policy and practice by, among other things,
implementing terms and conditions for service of non-white
persons, such as the requirement of prepayment, that are less
favorable than the terms and conditions for service of white
persons.
- The conduct of Defendant described in Paragraph 8
constitutes a pattern or practice of resistance to the full and
equal enjoyment by non-white individuals, including but not
limited to blacks, Hispanics and Filipinos, on account of these
individuals' race, color and/or national origin, 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. Unless restrained by Order of this
Court, Defendant will continue to refuse to provide these non-white individuals with the full and equal enjoyment of rights
secured to them by 42 U.S.C. § 2000a, et seq.
Prayer for Relief
WHEREFORE, the United States requests that the Court enter
an Order:
- 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.;
- 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, color and/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.;
- 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.
|
JOHN ASHCROFT
Attorney General |
JOHNNY SUTTON
UNITED STATES ATTORNEY
__________________________
SUSAN BIGGS
Assistant U.S. Attorney
Texas State Bar No. 02312500
Office of the United States
Attorney for the Western
District of Texas
601 NW Loop 410
Suite 600
San Antonio, Texas 78216
(210) 384-7351
(210) 384-7312 (fax) |
___________________________
R. ALEX ACOSTA
Assistant Attorney General
_____________________________
STEVEN H. ROSENBAUM
Chief, Housing and Civil
Enforcement Section
Civil Rights Division
_____________________________
JEANINE M. WORDEN
Deputy Chief
ELISE S. SHORE
Attorney
Housing and Civil Enforcement
Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave, N.W.
Northwest Building
Washington, D.C. 20530
(202) 514-4701
(202) 514-1116 (fax) |
Document Filed: October 3, 2003