Posted on 06/29/2004 6:21:12 AM PDT by wmichgrad
LOUISVILLE, Ky. - The ACLU is objecting to a ban on sports jerseys, sleeveless shirts and backward baseball caps in Louisville's new nightclub district, saying the dress code is biased against blacks and poor people.
The city has given the developer of the month-old Fourth Street Live power to enforce its dress code three nights a week during special events along the block-long stretch restaurants, bars and shops. During those nights, the city street is blocked off, and bouncers decide who does or doesn't meet the dress code.
"If the city is going to turn over a public street to a private entity, they need to make sure it remains open to the public," said American Civil Liberties Union of Kentucky executive director Beth Wilson, who wore a cap backwards during a protest Monday in the district.
The Rev. Louis Coleman led about a dozen protesters in the demonstration.
"When you look at the team shirts, the names on those shirts, it's an urban thing, it's an inner-city thing being restricted," said Coleman, who is black.
Coleman and his protesters met with representatives of developer Cordish Co. on Monday and offered a compromise that would reverse the ban on many items, except sagging pants, bare midriffs and "gang-related clothing."
Unless a settlement is reached, Coleman said, anyone offended by the dress code should take their money elsewhere. For its part, the ACLU said it hopes to work out a compromise but did not rule out a legal challenge.
Zed Smith, who manages properties for Cordish, said the dress code has nothing to do with race. "It's not just the jerseys we're singling out," Smith said. "It's a range of dress that's acceptable."
Also, Smith said, the company is within its rights to enforce a minimum standard of dress on nights when the street is blocked off.
Fourth Street Live, a $75 million project, replaces a former indoor mall that blocked off the street. The area used to be Louisville's central downtown shopping district before the advent of suburban malls, and has been the target of a number of revitalization efforts.
Jay Blanton, a spokesman for Mayor Jerry Abramson, said the permit granted to the Fourth Street Live developer is no different from those given to other groups that use public property for special events. He added that there has been no evidence so far of discrimination.
Tim West, who is black, said he was asked to leave Fourth Street Live when it opened last month because his shorts were too long and he was wearing a baseball-style jersey. He said he has no intention of returning for special events.
"I'm done until they figure out what they want to do," West said. "If you look presentable, there shouldn't be a problem."
From http://www.courier-journal.com/localnews/2004/06/26ky/B1-dress0626m-9791.html
The dress code prohibits sports jerseys, sleeveless shirts on men and ball caps worn backward.
Women are prohibited from dressing in a way determined to be indecent.
At issue is that three or four nights each week, the Cordish Co., which heads the group that built and owns Fourth Street Live, closes Fourth Street between Chestnut Street and Muhammad Ali Boulevard. The street becomes a large, open-air bar.
What business do poor people have in a nightclub? If they can afford alcohol, they can afford presentable clothes - Goodwill has a wide selection.
Yo, Einstein! it's the "if you look presentable" part that is causing the problem.
Talk about someone not clear on the concept! This is one of those downtown projects designed to save the downtown area from further deteriorating into an "urban", "inner-city" slum.
I still can't figure out how they drive their cars with the cap turned backwards! Try it sometime.
Sad, isn't it?
I often wear my hat backwards and have never had a problem driving while doing so.
Banning $200 sports jerseys discriminates against poor people?
What irony.
The dispute is not over who may enter a nightclub, but who may walk down a publicly-owned street, whether he wishes to enter a nightclub or not.
Most of the time I see that the seat is leaned so far back that it looks like the guy is using the steering wheel to hold him up more than drive.
"What irony."
Next, they will want to ban the $400 Air Jordan Nike shoes!
On the nights it's blocked off it is not accessible to the general public.
Kind of the same way that not just any slob can jump into a parade and march along.
Well, there have been lawsuits about whether parades are public accomodations or not. The private groups that sponser parades may discriminate on the basis of freedom of association, but can the cities and states pick and chose among such groups?
The analogy in this case would be, what if a group of poorly-dressed people petitioned the town for equal accomodation, so that they could take over the street and exclude well-dressed people. Could the city turn them down, and if so on what grounds?
I am a 51-year old white male. I walked into a BOWLING ALLEY in the Chicago suburbs a while back with my hat on backwards with my wife and kids. I was stopped at the door and got told that I had to either wear the hat straight or leave. I turned the hat around and went bowling. So don't cry "race" to me.
The bar sucked. We left shortly after entering, and it went out of business shortly after that.
"I often wear my hat backwards and have never had a problem driving while doing so."
Beanies don't count. ;-}
The city has a legally binding agreement with a lawful business for the use of the street and administration of the event. My guess is that alcohol sales are involved as well.
If you can ban gang related clothing (which they do) in public places then you can also enforce a dress code.
It's done in restaurants that lease space from cities all the time. This is no different.
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