The National Association for the Advancement of Colored People (NAACP) and the Conway, South Carolina Branch of the NAACP announced today that it has reached an agreement with the two Damon's Grill restaurants located in Myrtle Beach, South Carolina (Myrtle Beach Damon's) to settle a race discrimination lawsuit against the restaurant chain. The settlement, in the form of a Consent Decree and Order, has been approved by the United States District Court of South Carolina, Florence Division.
The NAACP filed the lawsuit against Myrtle Beach Damon's in May 2004. It alleged that the restaurant owners discriminated against African Americans by closing two Myrtle Beach restaurants (at Oceanfront and at Barefoot Landing) during Black Bike Week, while remaining open during predominately white Harley Week. After the lawsuit was filed, one of the restaurants remained open during Black Bike Week 2004 and both remained open in 2005.
Each year in mid-May, thousands of white motorcyclists and tourists visit Myrtle Beach for an event known as Harley Week. A week later, over Memorial Day weekend, a similar number of black tourists attend Black Bike Week in Myrtle Beach. This is the only time each year when the majority of tourists in the Myrtle Beach area are African American.
The Damon's settlement is the last of five settlements in discrimination lawsuits that grew out of complaints by tourists who attend the annual event staged by predominately black motorcycle enthusiasts. The lawsuit is entitled NAACP, Inc. et al. v. PAAR Inc., d/b/a Damon's Grill, Downwind Trading Co., Inc., d/b/a Damon's Grill, Eastern Carolinas Management, Inc., and Damon's Eastern Carolinas, Ltd., et al., Case No. 4:04-1691-RBH. It arises from different treatment of the two large motorcycle events by Myrtle Beach Damon's between 1999 and 2003.
In the negotiated settlement, Myrtle Beach Damon's commits not to discriminate based on race or color in providing all persons the full and equal enjoyment of goods, services, facilities, privileges, advantages and accommodations of the restaurants. Damon's Oceanfront and Damon's Barefoot Landing will remain open, with the normal hours of operation, for all days of Black Bike Week.
Bruce S. Gordon, NAACP President and CEO, said, "Hopefully this settlement will encourage every restaurant, store and gas station in Myrtle Beach to remain open this year for Black Bike Week, just as they are during Harley Week."
NAACP General Counsel Dennis Courtland Hayes said, "All of these lawsuits are intended to send a message that there is no justification for any business or city establishment to treat black tourists any differently than white tourists. We are asking all Myrtle Beach area business establishments to treat all customers, regardless of color or ethnicity, with dignity and respect."
Myrtle Beach Damon's also commits not to base decisions on issues such as the days or hours in which the restaurant will be open on the race or color of the person(s) who might visit the restaurants during such days or hours. Myrtle Beach Damon's also agrees to apply objective nondiscriminatory standards in deciding whether these or any other restaurants owned and operated by the owners of Myrtle Beach Damon's will remain open during Black Bike Week. The restaurant operators will evaluate special events attended primarily by African Americans in the same manner as events attended primarily by white persons; race may play no part in the decision-making process.
Myrtle Beach Damon's will pay plaintiffs $125,000 as part of the settlement.
In addition, Myrtle Beach Damon's will provide instructions to all of the restaurants' managerial employees, and all staff that has contact with patrons, concerning the requirements of and methods for complying with federal and South Carolina laws prohibiting discrimination on the basis of race or color in places of public accommodations. The agreement will last for two years from the date of approval by the Court.
The NAACP recently resolved another public accommodation discrimination lawsuit filed against Greg Norman's Australian Grill in Myrtle Beach. To resolve the lawsuit, Greg Norman's Australian Grill agreed to accept a judgment in favor of the NAACP, the Conway Branch of the NAACP, and individual plaintiffs. On January 31, 2006, the Florence, South Carolina federal court formally recognized the plaintiffs' acceptance by entering judgment for $100,000 against Greg Norman's Australian Grill. In that suit, the NAACP alleged that the owners of the restaurant discriminated against African Americans based on race by closing the restaurant during Black Bike Week.
The NAACP also recently settled a race discrimination lawsuit against the city of Myrtle Beach for its different treatment of African American tourists. A key feature of that agreement requires the city to use the same traffic pattern for both Harley Week and Black Bike Week during the height of these events, from 2 p.m. to 12 a.m. on Friday and Saturday nights. This requirement lasts until 2010.
The NAACP previously settled two other racial discrimination lawsuits against Myrtle Beach area businesses arising out of Black Bike Week practices. One involved the Yachtsman Resort Hotel in Myrtle Beach, while the other involved J. Edward's Great Ribs and More. Numerous discrimination complaints were filed with the South Carolina Human Affairs Commission against other Myrtle Beach area businesses.
The Rev. Kenneth Floyd, President, Conway NAACP, noted, "We are pleased with the settlement and hope that other businesses that may be thinking about closing during Black Bike Week, but not during Harley Week, will instead catch the spirit of these settlements. We will be watching in May."
The NAACP Legal Department; the Washington, D.C. and Miami offices of Hogan & Hartson, L.L.P.; the Washington Lawyers' Committee for Civil Rights and the Charleston law firm of Derfner, Altman & Wilborn, represent plaintiffs.
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