NAACP
Lawsuit cites
letters Restaurateur's letters reveal
intent, suit says By Kenneth A.
Gailliard The Sun
News
A restaurant owner wrote letters to city and chamber of commerce
officials urging controls on Atlantic Beach Bikefest visitors and
said he'd rather close and lose money, according to the lawsuit.
Excerpts of letters from J. Edward Fleming are mentioned in a
filing against his two restaurants, J. Edwards Great Ribs and More
and Fleming's B & Chop Restaurant. Fleming said he doesn't
remember the letters.
The National Association for the Advancement of Colored People
sued Fleming's two restaurants, as well as Greg Norman's Australian
Grille and Damon's Grill this week, alleging they closed during
Memorial Day weekend 2002 and 2003 to avoid serving blacks.
The aim of the lawsuits, intended to stop what the NAACP has said
is discriminatory behavior, is not to keep businesses from closing
but to ensure the closures are not racially motivated, said NAACP
lawyer Hannibal Kemerer.
Last year, the NAACP filed discrimination lawsuits against the
city of Myrtle Beach, its police chief and Horry County, and against
Yachtsman Resort Hotel. One lawsuit accuses the city of using
traffic patterns and police to make the Grand Strand inhospitable to
black bikers. The other said the Yachtsman used inflated rates and
stiff rules to drive away black customers.
The city and the hotel have denied the allegations.
The NAACP says the predominantly black crowds who attend the bike
rally are treated differently than visitors to the annual Carolina
Harley-Davidson Dealers Association Myrtle Beach Rally, also held in
May.
The latest lawsuit, filed on behalf of 11 people, alleges that
the restaurants deprived plaintiffs of their rights to enjoy equal
access to the businesses.
The lawsuit against Fleming's and J. Edwards says Fleming
demonstrated the race-based intent to close his business in a 1998
letter to the Myrtle Beach Area Chamber of Commerce.
"Before I will tolerate the takeover by a group of such as what
we have experienced, I will close my doors and take the loss. ...
Something must be done, but it is going to be difficult with this
group being black as they have all the rights in America anymore,"
the lawsuit says.
In that letter, Fleming allegedly said he would close his
business during Memorial Day weekend in 1999, "if something isn't
done to prevent such a racist group of people from disrupting our
lives and business from which we are accustomed," the lawsuit
said.
Fleming said Friday, "I don't recall that being stated as it's
quoted."
Fleming said he would need to see the handwriting in the letters
to determine whether it was his.
Stephen Greene, spokesman for the chamber, said he didn't know
about the letter.
In a separate letter to Myrtle Beach Mayor Mark McBride in 2000,
the lawsuit says, Fleming urged McBride to keep pushing restrictions
for the bike rally and add more law enforcement if necessary to
protect the city.
McBride, who asked the governor to send National Guard troops to
the Grand Strand for the 1999 bike rally, couldn't be reached for
comment Friday.
Fleming said he closes his businesses because it's in the best
interest of the business.
"The traffic during Memorial Day weekend is the problem," he
said. The Harley week is one of my best weeks of the year. I'm not a
racist."
Neither of his restaurants will be open this weekend.
Mike Robertson, vice president of operations at Damon's said the
business's two locations - at Barefoot Landing and on Ocean
Boulevard - usually closed during the Atlantic Beach Bikefest, but
this year the Barefoot Landing location will be open. The Ocean
Boulevard restaurant was open Friday but will be closed through
Sunday.
Robertson said he opened at Barefoot this year because of new
roads in the area that have helped lessen congestion.
"It's strictly numbers," he said. "Traffic is not backed up."
On Ocean Boulevard, he said, business fell drastically after city
officials barricaded that street to create two one-way lanes. By
Friday, business fell to half what it was Wednesday.
"This is not racially motivated," he said.
A spokesman for Greg Norman's restaurant couldn't be reached for
comment. Earlier, manager Mike Cain said the eatery would be open
this year.
Kemerer said, "It would be one thing for a business to close for
a legitimate reason: lack of food or the energy is out. But in these
cases, you see a large number of businesses closing in a beach town
during the summer over a vacation weekend. It's clear the reason
they are closing is to avoid serving African-Americans."
The four restaurants sued Wednesday were among 28 named last year
in complaint filed with the S.C. Human Affairs Commission.
"We wanted to sue the most egregious restaurants," Kemerer
said.
Staff writer Josh Hoke contributed to this report.
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