Commission on Human Rights
Kentucky Commission on Human Rights issues April rulings
WHITESBURG – The Kentucky Commission on Human Rights Board of Commissioners today issued a default order finding the respondent guilty of discrimination in the matter of Edward Elfalan v. Headliners – Louisville, LLC (formerly JP 4th Street Line, LLC) (d/b/a Red Cheetah Lounge) in Louisville, Ky.
The commission ruled that the Red Cheetah was in violation of the Kentucky Civil Rights Act (KRS 344.120), discriminating against Elfalan on the basis of race in a place of public accommodation when management refused to allow the African American complainant to enter its premises on May 15, 2005. Red Cheetah asserted that it refused to allow Elfalan entry because he failed to meet the dress code by wearing a shirt that fell below his pockets. A police officer on duty and standing near the door said that white men dressed similarly to Elfalan were allowed to enter the club after Elfalan was turned away.
Red Cheetah went out of business before the hearing and did not file bankruptcy. According to the Courier-Journal, Red Cheetah owed Fourth Street Live over $400,000 in unpaid rent and related charges when it closed its doors.
The commission held, “Because the respondent and its employees are beyond the present reach of the commission…the only affirmative relief appropriate in this instance is an order prohibiting the respondent from resuming any business operations with the Commonwealth of Kentucky.”
In other business, the commission ruled to accept two conciliation agreements, dismiss 25 cases with findings of no probable cause, accept one withdrawal with a private, undisclosed settlement, and accept two withdrawals without settlement but with a right to file a private suit.
The Kentucky Commission on Human Rights is the state government agency that enforces the Kentucky Civil Rights Act and the policies of federal civil rights laws.