FOR IMMEDIATE RELEASE CR
TUESDAY, JANUARY 27, 1998 (202) 616-2765
TDD (202) 514-1888
WEST VIRGINIA NIGHTCLUB AGREES NOT TO TURN AWAY AFRICAN AMERICAN PATRONS, UNDER AGREEMENT WITH JUSTICE DEPARTMENT
WASHINGTON, D.C. -- A West Virginia nightclub that allegedly refused to admit African Americans has agreed to implement a new non-discrimination policy, under an agreement reached today with the Justice Department.
Under the agreement, entered today by the U.S. District Court in Wheeling, West Virginia, Images Nightclub in Kearneysville, Berkeley County, in West Virginia's eastern panhandle, will no longer deny admission to African Americans. Last March, the Justice Department filed suit alleging the owners and operators of Images engaged in a practice of turning away African American customers in violation of Title II of the Civil Rights Act of 1964. "No one should be denied access to a restaurant or a nightclub simply because of the color of their skin," said Acting Assistant Attorney General for Civil Rights Bill Lann Lee. "We are pleased that the club has agreed to open its doors to everyone in the community."
Today's settlement, which will remain in effect for five years, requires the owners and operators of Images to post signs in the club announcing that it does not discriminate on the basis of race and to advertise its non-discrimination policy in local newspapers. In addition, club employees will be trained to insure compliance with the consent decree.
The Justice Department's suit had alleged that the club falsely told African Americans who wanted to enter that it was private and open only to members, even though white persons were routinely admitted without regard to membership. The Justice Department became aware of the practice in April, 1996, after receiving a complaint from an African American couple from West Virginia who allegedly had been denied entry.
Title II prohibits places of public accommodation, including nightclubs, hotels, restaurants, gas stations, movie theaters, and other places of entertainment, from discriminating on the basis of race, color, religion, or national origin. The law authorizes the Justice Department to sue owners of such establishments to prevent them from discriminating in the future.
Under other federal civil rights statutes, any individual who may have been turned away from an establishment on the basis of race can file a private action to seek monetary damages. The West Virginia couple has filed a private civil suit, which is still pending.
"Since at least 1964, it has been illegal to deny public accommodations to our citizens based solely on their race," said William D. Wilmoth, the U.S. Attorney in Wheeling. "Everyone assumes after 30 years that this sort of thing shouldn't be happening anymore, and we're glad that Images has agreed to comply with the law by making the club equally accessible to all."
The Justice Department previously sued two Louisiana nightclubs--Evelyn's Lounge in Holly Beach and La Poussiere in Breaux Bridge--for discriminating against African Americans by falsely stating the clubs were private. The Justice Department settled the Evelyn's Lounge case last February, and the La Poussiere case in February 1996.
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