Dustin Lance (8804)

dlance@lanceandrewlaw.com
Jessica Andrew (12433)
jandrew@lanceandrewlaw.com
LANCE ANDREW, P.C.
15 West South Temple, Suite 1650
Salt Lake City, UT 84101
(801) 869-6800
(801) 869-6801
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH CENTRAL DIVISION
FRANK MAEA, an individual; and
STEPHEN WILY, an individual,
COMPLAINT AND JURY
DEMAND

Plaintiffs,
vs.

Case No. ____________________

WORLDS FINEST, LLC, dba WILLIES

LOUNGE, a Utah corporation,

Judge ______________________

Defendant.

Plaintiffs, by and through counsel, hereby complain of Defendant and allege as

follows:
PARTIES AND JURISDICTION
1.

Plaintiff Frank Maea is and at all relevant times herein was a resident of

Salt Lake County, Utah. On or about February 16, 2016, Plaintiff Frank Maea was
refused service at Defendant Willies Lounge on the basis of his race, ancestry or national
origin.
2.

Plaintiff Stephen Wily is and at all relevant times herein was a resident of

Salt Lake County, Utah. On or about February 16, 2016, Plaintiff Stephen Wily was

refused service at Defendant Willies Lounge on the basis of his race, ancestry or national
origin.
3.

Defendant Worlds Finest, LLC dba Willies Lounge (hereinafter Defendant

Willies Lounge) is and at all relevant times herein was a Utah limited liability company
operating as a bar at 1716 South Main Street in Salt Lake City, Utah. On or about
February 16, 2016, Defendant Willies Lounge denied service to Plaintiffs on the basis of
their race, ancestry or national origin.
4.

This Court has original jurisdiction of Plaintiffs claims brought pursuant

to 42 U.S.C. 1981 and 42 U.S.C. 2000a. This Court has supplemental jurisdiction of
Plaintiffs claims brought pursuant to Utah Code 13-7-1 et seq.
FACTUAL BASES SUPPORTING PLAINTIFFS CLAIMS
5.

Plaintiffs incorporate all preceding allegations as if fully set forth herein.

6.

On the evening of February 16, 2016, Plaintiffs Frank Maea and Stephen

Wily entered the premises of Defendant Willies Lounge.

7.

Plaintiffs presented to Defendants agent or employee their photo

identification, which established their majority, thus authorizing their legal entry into
the lounge.
8.

Defendants agent or employee acting as bartender then asked Plaintiffs if

they were Polynesian. When Plaintiffs said they were, the bartender told Plaintiffs that
she could not serve Plaintiffs because they were Polynesian.
9.

When Plaintiffs asked why she could not serve Polynesians, the bartender

explained that if she served Polynesians, she could lose her job. The bartender refused
to serve Plaintiffs.

10.

The bartender offered no other explanation for her refusal to serve

Plaintiffs other than their race, ancestry or national origin

11.

Other patrons of the bar expressed shock and encouraged the bartender to

serve Plaintiffs.
12.

The bartender still refused and told Plaintiffs you guys got to leave now.

13.

Plaintiffs departed from Defendants premises.

14.

In the days following this incident, Defendant owner made several

statements to the media through its owner, including statements that Defendant had
instructed bartenders that they could turn away Polynesian patrons because some
Polynesian patrons had caused trouble in the past, and statements that Defendant
retains the right to maintain this policy and refuse service to anyone.
FIRST CAUSE OF ACTION
(Violation of civil rights under 42 U.S.C. 1981)
15.

Plaintiffs incorporate all preceding allegations as if fully set forth herein.

16.

Plaintiffs are members of a racial minority, in that they are Polynesian.

17.

Defendant intended to discriminate against Plaintiffs based on Plaintiffs

race, ancestry or national origin as Polynesians.

18.

Defendants discrimination against Plaintiffs based on Plaintiffs race,

ancestry or national origin impaired Plaintiffs right to full and equal benefits of all laws
and proceedings for the security of persons and property, including the right to make
and enforce contracts with Defendants establishment for services.
19.

Defendant ratified the conduct of its agent/employee bartender, both in

failing to take substantive action on the misconduct, and in publicly and repeatedly

stating Defendants intention of continuing to apply and enforce its unlawful

discriminatory policy against Polynesian guests.
20.

As a direct and proximate result of Defendants willful impairment of

Plaintiffs civil rights by unlawful racial discrimination, Plaintiffs have suffered

compensable damages.
21.

Defendants willful impairment of Plaintiffs civil rights by unlawful racial

discrimination justifies an award of punitive damages.

SECOND CAUSE OF ACTION
(Violation of civil rights under Title II of the Civil Rights Act of 1964, 42 U.S.C. 2000a)
22.

Plaintiffs incorporate all preceding allegations as if fully set forth herein.

23.

Defendant Willies Lounge is a place of public accommodation within the

meaning of 42 U.S.C. 2000a, in that it is an establishment principally engaged in

selling food and drink for consumption on the premises.
24.

Defendant Willies Lounge is also a place of public accommodation within

the meaning of 42 U.S.C. 2000a, in that it is a place of entertainment.

25.

Defendant Willies Lounge affects commerce by serving or offering to serve

interstate travelers.
26.

Defendant Willies Lounge also affects commerce by providing sources of

entertainment which, on information and belief, originated in part outside of Utah.

27.

Defendant Willies Lounge has engaged in a pattern of practice of

resistance to the full enjoyment of the rights granted by Title II in such a manner as to
deny the full exercise of the rights described in Title II, in that it has instituted and
enforced a policy of racial discrimination, refusing service to certain customers,
specifically, Polynesian customers, because of their race, ancestry or national origin.

28.

Acting as private attorneys general, Plaintiffs request injunctive relief in

the form of a permanent injunction prohibiting Defendant Willies Lounge from refusing
service to patrons on the basis of race, ancestry or national origin.
THIRD CAUSE OF ACTION
(Violation of Utahs Civil Rights Act, Utah Code 13-7-1 et seq.)
29.

Plaintiffs incorporate all preceding allegations as if fully set forth herein.

30.

Defendant Willies Lounge is an enterprise regulated by the State of Utah

under the Alcoholic Beverage Control Act, in that is holds a license issued by the State of
Utah to serve alcohol.
31.

Defendant Willies Lounge maintained a public nuisance in denying

Plaintiffs full and equal accommodations, advantages, facilities, privileges, goods and
services on the basis of race, ancestry or national origin.
32.

As a direct and proximate result of Defendants maintenance of a public

nuisance, Plaintiffs have suffered compensable damages.

33.

Defendants willful maintenance of a public nuisance justifies an award of

punitive damages.
DEMAND FOR RELIEF
Plaintiffs petition the Court for the following relief:
1.

Injunctive relief pursuant to Title II of the Civil Rights Act of 1964, 42

U.S.C. 2000a, in the form of a permanent injunction prohibiting Defendant Willies

Lounge from refusing service to patrons on the basis of race, ancestry or national origin;
2.

Special and general compensatory damages in amounts to be proven at

trial for Defendants willful impairment of Plaintiffs civil rights and willful maintenance
of a public nuisance by unlawful racial discrimination;

3.

Punitive damages in amounts to be proven at trial for Defendants willful

impairment of Plaintiffs civil rights and willful maintenance of a public nuisance by

unlawful racial discrimination;
4.

Plaintiffs attorneys fees for acting as private attorneys general pursuant

to Title II of the Civil Rights Act of 1964, 42 U.S.C. 2000a-6(a);

5.

Assignment of this case for a hearing on Defendants violation of Title II of

the Civil Rights Act of 1964 at the earliest practicable date to allow this case to be in
every way expedited, pursuant to 42 U.S.C. 2000a-6(b); and
6.

Other legal and equitable relief the Court determines is appropriate.

Dated this 22nd day of February, 2016.

LANCE ANDREW, P.C.

/s/ Jessica A. Andrew_____
Dustin Lance
Jessica Andrew
Attorneys for Plaintiffs