4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION COMPLAINT

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1 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC.; THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., CONWAY BRANCH; LEE EDWARDS; LETRENA EDWARDS; LEON HINES; and JOEY HINES, on behalf of themselves and others similarly situated, Civil Action No.: COMPLAINT Plaintiffs, v. MOLLY DARCY, INC., d/b/a MOLLY DARCY S ON THE BEACH Defendants. Plaintiffs, on behalf of themselves and others similarly situated, through their attorneys, allege the following: 1. This is an action including class and individual claims for declaratory, injunctive, monetary, and other relief under federal and state laws that guarantee African Americans equal rights to contract and to enjoy places of public accommodation. 2. The action arises out of the discriminatory and unlawful conduct of Molly Darcy s, Inc., the corporate entity that owns and operates a restaurant and bar called Molly Darcy s On The Beach. Molly Darcy s On The Beach is located in North Myrtle Beach, South Carolina, between the cities of Myrtle Beach and Atlantic Beach.

2 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 2 of Each May, these cities and surrounding communities are the focal points of two of the nation s largest motorcycle rallies. One, Harley Davidson Spring Bike Rally (or Harley Week ), is attended almost exclusively by white motorcycle enthusiasts. The other, known as Black Bike Week, is attended almost exclusively by African American motorcycle enthusiasts. 4. For years, a number of hotels, motels, and restaurants in the city of Myrtle Beach and North Myrtle Beach engaged in a pattern and practice of discrimination against African Americans by refusing to open during Black Bike Week the only time of the year when the majority of tourists to Myrtle Beach and the surrounding cities are African American. By contrast, those same places of public accommodation have been open during Harley Week, when hundreds of thousands of predominantly white motorcyclists visit the Myrtle Beach Area. 5. One restaurant that has engaged in this discriminatory and unlawful practice is Molly Darcy s On The Beach. For the past few years, Molly Darcy s On The Beach has refused to serve visitors of Black Bike Week by closing during its otherwise customary business hours. By contrast, Molly s Darcy On The Beach has been open during its customary business hours for Harley Week. 6. To address this discriminatory conduct by Molly Darcy s On The Beach, Plaintiffs and the Plaintiff Class bring these claims under 42 U.S.C. 2000a-3, 42 U.S.C. 1988, 42 U.S.C. 1981, and South Carolina Code Plaintiffs and the Plaintiff Class are African American individuals and members of The National Association for the Advancement of Colored People and/or The National Association for the Advancement of Colored People, Conway Branch, who would have eaten at Molly Darcy s On The Beach during Black Bike Week but for the discriminatory conduct of the Defendants. Plaintiffs and the Plaintiff Class have been, continue to be, and will in the future be 2

3 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 3 of 20 harmed by Defendants unlawful and discriminatory conduct. On their own behalf and on behalf of others similarly situated, Plaintiffs therefore seek the declaratory, injunctive, monetary, and other relief set forth below. JURISDICTION AND VENUE 8. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331, 28 U.S.C. 1343(a), 28 U.S.C. 1367, and 42 U.S.C. 2000a Venue is proper in the District of South Carolina pursuant to 28 U.S.C. 1391(b)(1) and (b)(2). PARTIES 10. Plaintiff The National Association for the Advancement of Colored People, Inc. (the NAACP ) is a membership-based non-profit association organized under the laws of the State of New York. The NAACP is registered to do business in the State of South Carolina. 11. Plaintiff The National Association for the Advancement of Colored People, Inc., Conway Branch (the Conway Branch ), is an unincorporated unit of the NAACP that currently operates in the region including and surrounding Conway, South Carolina. The cities of Atlantic Beach, Myrtle Beach, and North Myrtle Beach are each within the region in which the Conway Branch operates. 12. On November 12, 2010, the NAACP and the Conway Branch filed a complaint against Molly Darcy s On The Beach with the South Carolina Human Affairs Commission ( SCHAC ). The complaint charged that Molly Darcy s On The Beach discriminated against African Americans by closing during Black Bike Week SCHAC has issued the NAACP and its Conway Branch a right-to-sue notice. 13. Plaintiff Lee Edwards is an African American individual currently residing in Longs, South Carolina. Mr. Edwards attempted to dine at Molly Darcy s On The Beach during 3

4 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 4 of 20 Black Bike Week 2010 during the establishment s customary business hours. Although he had the means to purchase food and beverages, he was unable to do so because the establishment was closed. Mr. Edwards filed charges of discrimination against Molly Darcy s On The Beach with the SCHAC on November 5, 2010 and has been issued a right-to-sue notice. 14. Plaintiff Letrena Edwards is an African American individual currently residing in Longs, South Carolina. Ms. Edwards attempted to dine at Molly Darcy s On The Beach during Black Bike Week 2010 during the establishment s customary business hours. Although she had the means to purchase food and beverages, she was unable to do so because the establishment was closed. Ms. Edwards filed charges of discrimination against Molly Darcy s On The Beach with SCHAC on November 5, 2010 and has been issued a right-to-sue notice. 15. Plaintiff Leon Hines is an African American individual currently residing in Columbus, Ohio. Mr. Hines attempted to dine at Molly Darcy s On The Beach during Black Bike Week 2010 during the establishment s customary business hours. Although he had the means to purchase food and beverages, he was unable to do so because the establishment was closed. Mr. Hines filed charges of discrimination against Molly Darcy s On The Beach with SCHAC on November 9, 2010 and has been issued a right-to-sue notice. 16. Plaintiff Joey Hines is an African American individual currently residing in Columbus, Ohio. Ms. Hines attempted to dine at Molly Darcy s On The Beach during Black Bike Week 2010 during the establishment s customary business hours. Although she had the means to purchase food and beverages, she was unable to do so because the establishment was closed. Ms. Hines filed charges of discrimination against Molly Darcy s On The Beach with SCHAC on November 9, 2010 and has been issued a right-to-sue notice. 4

5 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 5 of On information and belief, Defendant Molly Darcy s, Inc., is the parent company of Molly Darcy s On The Beach, a establishment located at 1701 S. Ocean Blvd., North Myrtle Beach, South Carolina. On information and belief, all operations and all employees of Molly Darcy s On The Beach have been controlled, directed, and supervised by Molly Darcy s, Inc. On information and belief, Molly Darcy s, Inc. has knowledge of and approves of all the conduct of Molly Darcy s On The Beach and its employees. 18. Molly Darcy s On The Beach is a place of public accommodation principally engaged in selling food and beverages for consumption on the premises. Molly Darcy s On The Beach is open to, and serves, the public. 19. Molly Darcy s On The Beach is licensed and permitted by the City of North Myrtle Beach to operate as a retail food establishment and by the State of South Carolina Department of Revenue, Alcohol Beverage Licensing Section, to serve alcoholic beverages. FACTUAL ALLEGATIONS HARLEY WEEK AND BLACK BIKE WEEK 20. Every year for many years, the City of North Myrtle Beach and surrounding communities have been the hosts of two bike rallies: Harley Week and Black Bike Week. Harley Week 21. Established in 1940, Harley Week is a long-running spring motorcycle rally whose attendees are almost exclusively white. 22. Over the years, there have been significant public disturbances during Harley Week, including an armed confrontation between Myrtle Beach police and white biker gangs in In 1994, fights and skirmishes between white biker gangs such as the Pagans and Hells Angels flared up during Harley Week. Part of Ocean Boulevard in Myrtle Beach was closed for an entire afternoon in an effort to control the fighting. 5

6 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 6 of Despite these problems, resorts and businesses in the Myrtle Beach area, including Molly Darcy s On The Beach, have continued to offer service and cater to the bikers who attend Harley Week. Black Bike Week 24. Established in 1980, Black Bike Week is also a spring motorcycle rally. It is held during Memorial Day weekend, and the attendees are almost exclusively African American. 25. The rally originated in the City of Atlantic Beach, South Carolina. Atlantic Beach is a tiny, historically African American community. Its total land size is approximately twotenths of a square mile. In 2010, at the time of the last census, its population was 334 individuals, over 50% of whom were African American. 26. As Black Bike Week grew in size, it expanded into the neighboring cities of Myrtle Beach and North Myrtle Beach. In 2010, the population of Myrtle Beach was approximately 72% white. The population of nearby North Myrtle Beach which surrounds Atlantic Beach on three sides was more than 90% white in Black Bike Week is the only time of year when the majority of tourists to Myrtle Beach, North Myrtle Beach, and the surrounding cities are African American. 28. As Black Bike Week expanded into Myrtle Beach and North Myrtle Beach, the leaders of the Myrtle Beach government and hospitality industry most of whom are white exhibited overt hostility to the Black Bike Week festival because it attracted a large number of African Americans to the area during Memorial Day weekend. 29. There have been no major skirmishes between the police and persons attending Black Bike Week like those that occurred during Harley Week in 1983 and Myrtle Beach 6

7 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 7 of 20 city officials and community leaders nonetheless sought to discourage Black Bike Week in order to prevent African Americans from visiting the area. 30. In the late 1990s, Myrtle Beach elected as its mayor a candidate, Mark McBride, who publicly advocated eliminating Black Bike Week events in Myrtle Beach. During his tenure as mayor, Mr. McBride unsuccessfully lobbied the State of South Carolina to deploy the National Guard to Myrtle Beach during Black Bike Week. Mr. McBride never requested that the National Guard police any other event of similar size, including Harley Week. 31. Over the years, it became a tradition during both Harley Week and Black Bike Week for tourists to gather along a major Myrtle Beach thoroughfare, Ocean Boulevard, to watch enthusiasts exhibit their motorcycles. In 1999, during Black Bike Week, the City of Myrtle Beach adopted a traffic management plan that limited traffic along Ocean Boulevard to two of four total lanes, and restricted travel to a single direction for the entire length of the boulevard. With few exceptions, right turns off the boulevard were not permitted. 32. The effect of the plan was to make it more difficult and less enjoyable for tourists and motorcycle enthusiasts to travel along Ocean Boulevard. The traffic plan was not originally imposed during Harley Week. 33. In 2001, in response to concerns that having different traffic plans during Harley Week and Black Bike Week was racially discriminatory, the city of Myrtle Beach implemented the plan during Harley Week. The owners and operators of local businesses complained vociferously about the change, and Myrtle Beach lifted the restrictions after only three days. By contrast, the traffic plan was retained unchanged for Black Bike Week. 7

8 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 8 of In 2002, business owners were pressured to decline to participate in Black Bike Week events sponsored by the Town of Atlantic Beach that were intended to attract families to the festival. 35. For years, business parking lots in North Myrtle Beach along North King s Highway near Molly Darcy s On The Beach that could have been used for parking or as staging areas for shuttle service into heavily-attended events in nearby Atlantic Beach sat empty during Black Bike Week. The parking ban was enforced with threats of ticketing and towing by North Myrtle Beach officials. The lots are open for parking during Harley Week. 36. Brochures distributed and not distributed by the Myrtle Beach Area Chamber of Commerce and the Bike Week Task Force also reflect the hostile attitude of businesses and government officials in North Myrtle Beach and the surrounding areas toward African American visitors. 37. For Harley Week 2002, the Chamber of Commerce distributed two 30-page color brochures with a Welcome Letter from the Myrtle Beach Chief of Police on the first page welcoming visitors, thanking them, and concluding that he hoped they would return to Myrtle Beach. 38. For Black Bike Week 2002, the Chamber of Commerce and the Bike Week Task Force which included representatives from the cities of Myrtle Beach and North Myrtle Beach were provided with brochures to be distributed. The brochures were designed by a firm hired by the city of Atlantic Beach, and were delivered well in advance of Black Bike Week for distribution. The brochure included a welcome letter from the Mayor of Atlantic Beach and a schedule of entertainment activities. The Chamber of Commerce and the Task Force declined to distribute the brochures. 8

9 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 9 of Instead, during Black Bike Week 2002, the Chamber of Commerce distributed a two-page flyer listing traffic laws and the location of local jails. The flyer included no welcome letter or schedule of events. 40. In 2008 the City of Myrtle Beach, supported by the Chamber of Commerce, enacted a series of ordinances that it claimed were intended to end or curtail both bike rallies in Myrtle Beach. Those ordinances were enforced much more harshly against Black Bike Week visitors thus furthering the long held goals of the city and the Chamber of Commerce to rid the area of Black Bike Week. In spite of those ordinances, substantial numbers of African Americans continued to visit the City of Myrtle Beach and Myrtle Beach area for Black Bike Week. Those ordinances were not in force in the City of North Myrtle Beach in which Molly Darcy s On The Beach is located. The 2008, 2009, and 2010 Rallies 41. In 2008, Harley Week was held from Friday, May 9 to Sunday, May 18. Black Bike Week took place from Friday, May 23 through Monday, May 26. On information and belief, both of the motorcycle rallies were attended by hundreds of thousands of people. 42. In 2009, Harley Week was held from Friday, May 8 to Sunday, May 17. Black Bike Week took place from Friday, May 22 through Monday, May 25. On information and belief, both of the motorcycle rallies were attended by hundreds of thousands of people. 43. In 2010, Harley Week was held from Friday, May 7 to Sunday, May 16. Black Bike Week took place from Friday, May 28 through Monday, May 31. On information and belief, both of the motorcycle rallies were attended by hundreds of thousands of people. 9

10 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 10 of 20 FACTUAL ALLEGATIONS MOLLY DARCY S, INC., D/B/A MOLLY DARCY S ON THE BEACH 44. The attendees of both Harley Week and Black Bike Week seek out accommodations and restaurants in the North Myrtle Beach area. 45. Molly Darcy s On The Beach is one of just a handful of standalone oceanfront restaurants in the North Myrtle Beach area. 46. Throughout the year for every year up to and including 2010, Molly Darcy s On The Beach s customary business hours were from 11:00 a.m. to 3:00 a.m. Monday through Friday and from 11:00 a.m. to 2:00 a.m. Saturday and Sunday. 47. During Black Bike Week 2008, Plaintiff Lee Edwards would have dined at Molly Darcy s On The Beach during its regular business hours but was prevented from purchasing food or beverages from Molly Darcy s On The Beach because it was closed. During Black Bike Week 2008, Mr. Edwards attempted to patronize Molly Darcy s On The Beach, but saw a sign posted on the front door of the restaurant that stated the restaurant was closed for renovations. 48. During Black Bike Week 2009, Plaintiffs Lee and Letrena Edwards would have dined at Molly Darcy s On The Beach during its regular business hours but were prevented from purchasing food or beverages from Molly Darcy s On The Beach because it was closed. During Black Bike Week 2009, Mr. and Mrs. Edwards attempted to patronize Molly Darcy s On The Beach, but again saw a sign posted on the front of the restaurant that stated the restaurant was closed for renovations. 49. During Black Bike Week 2010, Plaintiffs Lee and Letrena Edwards would have dined at Molly Darcy s On The Beach during its regular business hours but were prevented from purchasing food or beverages from Molly Darcy s On The Beach because it was closed. During Black Bike Week 2010, Mr. and Mrs. Edwards attempted to patronize Molly Darcy s On The 10

11 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 11 of 20 Beach, but once again saw an identical sign posted on the front of the restaurant that stated the restaurant was closed for renovations. 50. The Malibu Pointe Beach Club is a condominium complex located at 1706 South Ocean Boulevard. Molly Darcy s On The Beach, also located on South Ocean Boulevard, is located across the street from Malibu Pointe Beach Club. Both Molly Darcy s On The Beach and the Malibu Pointe Beach Club are located on South Ocean Boulevard, one of the most heavily trafficked roads in North Myrtle Beach. 51. Many people who travel to South Carolina for Black Bike Week stay at the Malibu Pointe Beach Club. These individuals seek out restaurants in the North Myrtle Beach area. Molly Darcy s On The Beach is the closest restaurant to the Malibu Pointe Beach Club. 52. Plaintiffs Leon and Joey Hines stayed at the Malibu Pointe Beach Club during Black Bike Week 2009 and during Black Bike Week During Black Bike Week 2009, Plaintiffs Leon and Joey Hines would have dined at Molly Darcy s On The Beach during the establishment s regular business hours but were prevented from purchasing food or beverages from Molly Darcy s On The Beach because it was closed. During Black Bike Week 2009, Mr. and Mrs. Hines attempted to patron Molly Darcy s On The Beach, but saw a sign posted on the front of the restaurant that stated the restaurant was closed for renovations. 54. During Black Bike Week 2010, Plaintiffs Leon and Joey Hines would have dined at Molly Darcy s On The Beach during the establishment s regular business hours but were prevented from purchasing food or beverages from Molly Darcy s On The Beach because it was closed. During Black Bike Week 2010, Mr. and Mrs. Hines attempted to patron Molly Darcy s 11

12 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 12 of 20 On The Beach, but again saw a sign posted on the front of the restaurant that stated the restaurant was closed for renovations. 55. Molly Darcy s On The Beach was closed during its normal business hours for the duration of Black Bike Week Molly Darcy s On The Beach was open during its regular business hours for Harley Week Molly Darcy s On The Beach was closed during its normal business hours for the duration of Black Bike Week Molly Darcy s On The Beach was open during its regular business hours for Harley Week Molly Darcy s On The Beach was closed during its normal business hours for the duration of Black Bike Week Molly Darcy s On The Beach was open during its regular business hours for Harley Week On information and belief, Molly Darcy s On The Beach has been open during its regular business hours during Harley Week in every year since the establishment opened in On information and belief, Black Bike Week is the only time of year at which Molly Darcy s On The Beach closes during its regular business hours. 63. On information and belief, Molly Darcy s On The Beach has been closed during its normal business hours during Black Bike Week in every year since the establishment opened in

13 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 13 of On information and belief, no renovations have occurred at Molly Darcy s On The Beach while it was closed during Black Bike Week. 65. Although they were not required to in order to maintain this action, in November 2010, Plaintiffs filed complaints with SCHAC charging that Molly Darcy s On The Beach discriminated against African Americans by closing during Black Bike Week The vast majority of restaurants in Myrtle Beach and North Myrtle Beach are now open during Black Bike Week. Many local businesses are sustained throughout the year by the combined revenues earned during Harley Week and Black Bike Week. 67. During Black Bike Week 2010, Defendants, personally and through their employees, agents, and/or representatives, refused to serve or otherwise denied Plaintiffs and the Plaintiff Class food and beverages because of their race. 68. Defendants discriminatory conduct and practices described above were carried out (a) at the direction of and with the consent, encouragement, knowledge, and ratification of Defendants; (b) under Defendants authority, control, and supervision; and/or (c) within the scope of Defendants and their employees employment. 69. The actions of Defendants, whether undertaken personally or through their employees, agents, and/or representatives, were undertaken with racially discriminatory animus for the purpose of denying African Americans access to a place of public accommodation. 70. Defendants actions, whether undertaken personally or through their employees, agents, and/or representatives, had the effect of denying African Americans access to a place of public accommodation on the basis of race. 13

14 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 14 of Defendants actions, whether undertaken personally or through their employees, agents, and/or representatives, constitute a pattern and practice of discrimination against African- Americans. 72. Defendants personally and through the actions of their employees, agents, and/or representatives, acted intentionally, maliciously, and with willful, callous, wanton, and reckless disregard for Plaintiffs protected rights. 73. On information and belief, Defendants and their agents, employees, and/or representatives have served or have offered to serve numerous interstate travelers, including tourists who visit the North Myrtle Beach area from around the country during Harley Week and throughout the year. 74. On information and belief, a substantial portion of the food and beverages served by Defendants and their agents, employees, and/or representatives traveled in interstate commerce. INJURIES TO PLAINTIFFS NAACP AND THE CONWAY BRANCH 75. The discriminatory actions of Defendants have harmed the NAACP and the Conway Branch. 76. Beginning in 2000 and continuing on an ongoing basis thereafter, in response to multiple complaints of discrimination by public and private entities, the NAACP and the Conway Branch have monitored and investigated the treatment of African Americans in the Myrtle Beach area during Black Bike Week and the treatment of similarly-situated white tourists during Harley Week and other well-attended events. The NAACP s and the Conway Branch s monitoring and investigation efforts have included the use of observations, interviews, intakes, and other investigative methods. 14

15 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 15 of The NAACP and the Conway Branch have been notified of and have received formal complaints of discrimination relating to, the conduct of Defendants and their employees, agents, and/or representatives during Black Bike Week. 78. The NAACP and the Conway Branch have monitored Defendants treatment of African Americans during Black Bike Week and have investigated the complaints against Defendants through observation, interviews, intakes, and other investigative methods. 79. The NAACP and the Conway Branch also have monitored Defendants treatment during Harley Week of white individuals similarly situated to the individual Plaintiffs. 80. The NAACP and the Conway Branch have devoted resources to conducting such monitoring and investigation, including professional and administrative support, volunteer time, out-of-pocket expenditures, and other financial resources. 81. The unlawful discriminatory actions of Defendants have injured the NAACP and the Conway Branch by (a) requiring the NAACP and the Conway Branch to commit scarce resources to investigating complaints and monitoring Defendants conduct; (b) interfering with and undermining NAACP and Conway Branch programs intended to eliminate racial discrimination; and (c) frustrating the mission and purpose of the NAACP and the Conway Branch to promote equality of opportunity in places of public accommodation and in every aspect of the country s and Conway s economic and social life. 82. Defendants unlawful conduct will require the NAACP and the Conway Branch to counteract such conduct by devoting additional resources to investigation and monitoring. 83. Defendants unlawful conduct threatens to harm members of the NAACP and the Conway Branch in the future. Members of the NAACP and the Conway Branch will travel to Myrtle Beach and North Myrtle Beach during future Black Bike Weeks, and some of those 15

16 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 16 of 20 members will seek out the opportunity to purchase food and beverages from Molly Darcy s On The Beach. INJURIES TO INDIVIDUAL PLAINTIFFS 84. As a proximate result of unlawful conduct by Defendants and their agents, employees, and/or representatives, the individual Plaintiffs have suffered and are now suffering irreparable loss, injury, emotional harm, mental anguish, embarrassment, humiliation, and degradation. 85. Plaintiffs and members of the Plaintiff Class are likely to suffer irreparable loss and injury in the future: Plaintiffs and members of the Plaintiff Class are likely to visit the North Myrtle Beach area and attempt to dine at Molly Darcy s On The Beach during future Black Bike Weeks, at which time they may again face the discriminatory conduct of the Defendants and their agents, employees, and/or representatives. CLASS ACTION ALLEGATIONS 86. Plaintiffs bring this action on behalf of themselves and the following class: All African American persons who would have dined at Molly Darcy s On The Beach in North Myrtle Beach during Black Bike Week but for the unlawful discriminatory conduct of Defendants and their agents, employees, and/or representatives. 87. The number of members of the proposed class is unknown but is estimated to number at least in the hundreds. The Molly Darcy s On The Beach establishment in North Myrtle Beach has the capacity to seat at least 100 customers at a time. The tourist population during Black Bike Week is overwhelmingly African American. Molly Darcy s On The Beach could have served more than 1,000 African American patrons during each Black Bike Week. Joinder of such a large number of Plaintiffs is impracticable. 16

17 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 17 of This action presents issues of law and fact that are common to and affect the rights of all members of the proposed class that predominate over any questions affecting solely individual members of the class. as a whole. 89. The claims of the named Plaintiffs are typical of the claims of the proposed class 90. The named Plaintiffs will adequately represent the interests of the members of the proposed class. The named Plaintiffs want to represent the class and have retained counsel experienced in litigating class actions. 91. The Defendants and their agents, employees, and/or representatives have acted on grounds generally applicable to the class, making injunctive and/or declaratory relief appropriate to the class as a whole. COUNT I 42 U.S.C. 2000a 92. The individual Plaintiffs on their own behalf and on behalf of others similarly situated, and the NAACP and the Conway Branch on their own behalf and on behalf of their members, reallege and incorporate by reference Paragraphs 1 through 91 as though set forth fully herein. 93. Molly Darcy s On The Beach is a place of public accommodation within the meaning of 42 U.S.C. 2000a(b)(2). It is engaged in selling food for consumption on the premises. 94. Defendants actions, as described above, have had and continue to have the purpose and effect of denying Plaintiffs and the Plaintiff Class the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of Molly Darcy s On The Beach on the basis of race, in violation of 42 U.S.C. 2000a. 17

18 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 18 of 20 COUNT II SOUTH CAROLINA PUBLIC ACCOMMODATIONS ACT 95. The individual Plaintiffs on their own behalf and on behalf of others similarly situated, and the NAACP and the Conway Branch on their own behalf and on behalf of their members, reallege and incorporate by reference Paragraphs 1 through 94 as though set forth fully herein. 96. Plaintiffs have exhausted all administrative remedies. 97. Defendants actions, as described above, have had and continue to have the purpose and effect of denying Plaintiffs and the Plaintiff Class the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of Molly Darcy s On The Beach on the basis of race, in violation of Article I of the South Carolina Public Accommodations Act, S.C. Code COUNT III 42 U.S.C The individual Plaintiffs on their own behalf, reallege and incorporate by reference Paragraphs 1 through 97 as though set forth fully herein. 99. By the actions described above, Defendants have denied Plaintiffs the same right to make and enforce contracts as is enjoyed by white citizens of the United States in violation of 42 U.S.C PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray that the Court: a) pursuant to Federal Rule of Civil Procedure 23, certify Counts I, II, and III of this action as a class action on behalf of the Plaintiff Class defined above; b) enter a declaratory judgment finding that Defendants engaged in a pattern and practice of discrimination and violated 42 U.S.C. 2000a and S.C. Code ; 18

19 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 19 of 20 c) pursuant to 42 U.S.C. 2000a-3, enter preliminary and permanent injunctions barring Defendants from continuing to engage in the illegal discriminatory conduct alleged in this Complaint; d) pursuant to 42 U.S.C. 2000a-3, enter preliminary and permanent injunctions directing Defendants to take all affirmative steps necessary to remedy the effects of the illegal discriminatory conduct alleged in this Complaint and to prevent repeated occurrences in the future; e) pursuant to South Carolina Code , award statutory damages in the minimum amount of $5,000 to each Plaintiff and member of the Plaintiff Class for each violation of Article I of the South Carolina Public Accommodations Law; f) enter a declaratory judgment finding that Defendants violated 42 U.S.C. 1981; g) pursuant to 42 U.S.C. 1981, award compensatory damages to each Plaintiff and member of the Plaintiff Class in an amount determined by the jury that would fully compensate each of them for the injuries, emotional harm, mental anguish, embarrassment, humiliation, and degradation caused by Defendants misconduct alleged in this Complaint; h) pursuant to 42 U.S.C. 1981, award punitive damages to each Plaintiff and member of the Plaintiff Class in an amount determined by the jury that would punish Defendants for the intentional, willful, wanton, and reckless misconduct alleged in this Complaint and that would effectively deter Defendants from future discriminatory behavior; i) pursuant to 42 U.S.C. 2000a-3, 42 U.S.C. 1988, and 42 U.S.C. 1981, award Plaintiffs and the Plaintiff Class their reasonable attorneys fees and costs; and j) order all other relief deemed just and equitable by this Court. DEMAND FOR TRIAL BY JURY Plaintiffs request a trial by jury. Dated this 27th day of May, Respectfully submitted, 19

20 4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 20 of 20 /s/ D. Peters Wilborn, Jr. D. Peters Wilborn, Jr., Federal ID #7609 DERFNER, ALTMAN & WILBORN, L.L.C. 575 King Street P.O. Box 600 Charleston, SC (843) (Tel.) (843) (Fax) Intend to file motions to appear pro hac vice: Anthony Herman Henry Liu Andrew Soukup Jihad Beauchman COVINGTON & BURLING LLP 1201 Pennsylvania Ave., NW Washington, DC (202) (Tel.) (202) (Fax) Intend to file motions to appear pro hac vice: Emily Read Richard Ritter WASHINGTON LAWYER S COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS 11 Dupont Circle, NW Suite 400 Washington, DC (202) (Tel.) (202) (Fax) 20