The NAACP, the Conway, S.C. Branch of the NAACP and a Maryland resident have filed a class action lawsuit against a major family restaurant chain for racially discriminatory practices at one of its Myrtle Beach, S.C. restaurants.
The lawsuit challenges Friendly's Ice Cream Corporation, local franchisee, Myrtle Beach Friends Boulevard LLC, and the franchisee owners for discriminating against African Americans by closing the Ocean Boulevard location during every Black Bike Week from 2000 through 2005.
The lawsuit arises from different treatment of two large motorcycle events held each May in Myrtle Beach. In mid-May, thousands of white motorcyclists and tourists visit Myrtle Beach for an event known as "Harley Weekend." A week later, over Memorial Day weekend, a similar number of African-American tourists attend Black Bike Week in the Myrtle Beach area. This is the only weekend each year when the majority of tourists in the area are African American.
The lawsuit asserts that the defendants did not allow customers to eat inside the restaurant and only offered inferior services outside the restaurant. Customers during Black Bike Week were not allowed to order items on the full national Friendly's menu and instead were only offered a limited selection of items cooked on an outdoor grill. As described in the lawsuit, defendants closed the ice cream window and refused to serve the restaurant's national recognized ice cream products.
During Harley Week, the same Friendly's restaurant location was open for business. Defendants allowed customers to eat inside the restaurant and the full national Friendly's menu was available. The defendants sold their famous ice cream and operated the outside ice cream window.
"This degrading second class treatment harkens back to an era when restaurant lunch counters were reserved for whites only," said NAACP Interim General Counsel Angela Ciccolo. "African Americans were forced to eat substandard food, not regular Friendly's fare, outside the restaurant which was in plain sight and in proper working order. Such practices send a clear message to African Americans that they are separate and unequal."
In the suit, filed in U.S. District Court in Florence, S.C., the NAACP and other plaintiffs contend that Friendly's and its franchisee denied equal access to a place of public accommodation and seek compensatory and punitive damages for violations of their civil rights. A jury trial is sought. For two years, the NAACP and other plaintiffs have negotiated with the chain and its representatives, but to no avail.
The NAACP has previously filed federal lawsuits regarding the different treatment of Black Bike Week visitors by the city and other businesses. Last year, negotiated settlements were reached with the City of Myrtle Beach, Damon's Oceanfront and Barefoot Landing, Greg Norman's Australian Grill, the Yachtsman Resort Hotel and J. Edward's Great Ribs and More. In addition, numerous discrimination complaints have also been filed with the South Carolina Human Affairs Commission against other Myrtle Beach area businesses in previous years.
Plaintiffs are represented by Relman & Dane, PLLC in Washington, D.C., the Washington Lawyers Committee for Civil Rights & Urban Affairs, the Charleston law firm of Derfner, Altman & Wilborn and the NAACP Legal Department.
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