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Tag: Elliott-Larsen Civil Rights Act

  • Detroit nightclub sued over alleged racist and homophobic abuse of worker – Detroit Metro Times

    A downtown Detroit restaurant and nightclub is facing a civil rights lawsuit after an employee says he was subjected to racist and homophobic slurs, physically assaulted by a coworker on the job, and then fired after complaining that management failed to protect him.

    The lawsuit, filed this week in Wayne County Circuit Court by Marko Law, was brought on behalf of Rashard Mason, a Black gay man who worked at The Greek/Level Two, a popular downtown Detroit restaurant and nightclub owned by Plaka Restaurant, L.L.C.

    According to the complaint, Mason was subjected to a severe and unprovoked verbal and physical attack by a coworker during a July 18 shift. The harassment, which Mason alleges was based on his race and sexual orientation, was captured on video and witnessed by a supervisor.

    The lawsuit alleges the coworker, Marissa Santana, repeatedly screamed racial and homophobic slurs at Mason, including the N-word, “black boy,” “faggot,” and “homo,” while also throwing her phone at him in what the lawsuit says was an act of physical aggression.

    Rashard Mason is suing The Greek/Level Two after alleging he was fired after complaining about homophobic and racist slurs. Credit: Courtesy of Marko Law

    Some of the slurs were captured on video by another employee, who appeared visibly horrified while filming the outburst. The lawsuit alleges the voice on the recording is Santana, who can be heard using the N-word, complaining about having a “Black boy working here,” and calling Mason a “little bitch.”

    Mason reported the incident the next day to his supervisor, identified in the lawsuit as “Mike.” In a text message quoted directly in the complaint, Mason wrote: “Last night was a lot for me. I don’t only feel violated but upset because I wasn’t defended nor protected. I was called all types of faggots & niggers.”

    According to the lawsuit, the supervisor acknowledged the slurs, responding, “I threw her out because of what she was saying to you,” but then minimized the incident by telling Mason, “Don’t let it bother you.”

    The complaint alleges that aside from removing Santana for the remainder of that single shift, management took no meaningful disciplinary or corrective action to address the harassment or ensure Mason’s safety at work.

    About a week later, Mason learned that Santana was still employed by the company and working at The Greek, which operates in the same building and under the same ownership as Level Two, according to the lawsuit.

    When Mason confronted his supervisor about Santana’s continued employment, the complaint says the supervisor attempted to dismiss the concern by claiming that The Greek and Level Two were “technically separate companies,” an explanation the lawsuit disputes, noting that Mason’s paychecks were issued by a single legal entity: “PLAKA RESTAURANT, L.L.C. DBA THE GREEK OR LEVEL TWO.”

    Less than 24 hours after Mason again complained about the situation, he was fired, the lawsuit alleges.

    “When terminating Plaintiff, Defendant’s management stated, ‘we are just going to part ways,’ and provided no legitimate reason for the decision,” the complaint states.

    “Upon information and belief, Plaintiff was terminated in retaliation for his complaints regarding the severe racial and homophobic harassment he endured,” the lawsuit alleges.

    The complaint accuses Plaka Restaurant, L.L.C. of violating Michigan’s Elliott-Larsen Civil Rights Act, alleging disparate treatment based on race and sexual orientation, the creation of a hostile work environment, and unlawful retaliation.

    The lawsuit seeks damages for lost wages, emotional distress, humiliation, mental anguish, and other harms, as well as attorney fees and costs.

    “This case is about standing up to hate in all its forms,” Jon Marko, founder of Marko Law, said in a statement. “No one should have to endure being called racial and homophobic slurs at work—let alone be fired for speaking out about it. Michigan law is clear: discrimination and retaliation have no place in the workplace.”

    The lawsuit alleges that both Mason’s race and sexual orientation “were factors that made a difference in Defendant’s treatment of Plaintiff.”

    Plaka Restaurant, L.L.C. did not immediately respond to a request for comment.


    Steve Neavling

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  • Macomb County man files lawsuit over tiny home ban

    Macomb County man files lawsuit over tiny home ban

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    Shutterstock

    Aerial photo of a tiny home community in Detroit.

    A Shelby Township man is suing a municipality in Macomb County for preventing him from building a tiny home because of an ordinance that bars houses smaller than 1,200 square feet.

    Jordan McBain filed a lawsuit against Chesterfield Township in Macomb County Circuit Court on Monday, alleging the minimum square footage requirement – or what he and others refer to as “snob zoning” – violates state civil rights and equal protection laws.

    “Minimum square footage requirements are preventing the construction of tiny homes, which could serve as a lifeline for those in need of affordable housing,” McBain tells Metro Times.

    McBain cited federal statistics that show a disproportionate number of retirees, Black residents, and people with disabilities are experiencing homelessness.

    Tiny homes, he and other activists say, are a potential solution to homelessness, but too many cities and townships forbid them.

    More progressive communities like Detroit have embraced tiny homes as an affordable alternative to expensive houses.

    McBain wants to set a precedent in court “that protects the rights of all citizens to access affordable housing, regardless of their income, disability status, or minority affiliation.”

    The dispute over the township’s square footage requirements began when McBain bought property on 26 Mile Road, where he wants to build a small home for himself and his dog.

    But township officials forbade him, citing the square footage requirements.

    McBain points out that many communities claim that tiny homes are lowering property values and destroying neighborhood character. But, he says, housing is priced on a per-square-foot basis, “making the reasoning flawed.”

    “Contrary to the township’s claims, tiny homes can be made attractive and integrated seamlessly into existing neighborhoods,” he explains. “Meanwhile, townships allow the construction of massive homes that drastically alter neighborhood character, revealing that these regulations are more about controlling who can live in the community and ensuring future tax revenue than about genuine public interest.”

    McBain says the restrictive zoning laws make no sense and are hurting lower-income people.

    “These restrictive laws also endanger retirees with limited resources, who may be forced out of their homes due to unaffordable repairs, and young adults just starting their lives, who are denied access to low-cost housing,” he says. “In a society where gun owners have the right to choose automatic weapons, should not homeowners have the right to choose their mode of living?”

    In his lawsuit, McBain alleges the township is violating Michigan’s Elliott Larsen Civil Rights Act, the Persons with Disabilities Civil Rights Act, and the state constitution’s Equal Protection Clause.

    McBain is hoping to find organizations to file amicus briefs in support of his lawsuit.

    Nationwide, tiny homes have exploded in popularity. They’re more eco-friendly, less expensive, and are an attractive alternative to large homes. As home prices continue to skyrocket, more people are choosing smaller homes.

    Home Depot has cashed in on the trend, offering 30 varieties of pre-frabricated tiny home frame kits. Amazon also sells tiny homes.

    Chesterfield Township Supervisor Bradley A. Kersten says he can’t comment on the lawsuit because it’s in litigation.

    Steve Neavling

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  • Nessel moves to toss lawsuit by hair salon that said trans people should go to ‘pet groomer’

    Nessel moves to toss lawsuit by hair salon that said trans people should go to ‘pet groomer’

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    Shutterstock

    Studio 8 Hair Lab in Traverse City sued the state, saying it has the right to discriminate against people based on their gender identity

    Michigan Attorney General Dana Nessel is urging a court to toss out a lawsuit filed by a transphobic hair salon that claims it has the right to discriminate against people based on their gender identity.

    Nessel, on behalf of the Michigan Department of Civil Rights (MDCR), filed a motion Tuesday to dismiss the lawsuit filed by Studio 8 Hair Lab after it said that transgender people are not welcome and should get their haircut at “a pet groomer.”

    The Michigan Civil Rights Commission, which is operated by MDCR, charged the salon with discrimination in November for advertising that it refused to serve transgender people.

    A month later, Studio 8 responded by filing a First Amendment complaint in Grand Traverse Circuit Court, alleging the MDCR infringed on its religious beliefs and right to free speech.

    In her motion Tuesday, Nessel argues that the circuit court has no jurisdiction over the case, and only the Michigan Court of Claims can hear cases against the state and its departments.

    “Under Michigan law, religious freedoms are taken into consideration under the Elliott-Larsen Civil Rights Act when assessing discrimination claims,” Nessel said in a statement Wednesday. “Our state’s residents can rest assured that Michigan’s recently enacted protections for the LGBTQ+ community will be enforced to the fullest extent as the constitution permits. The Circuit Court has no discretion but to dismiss Studio 8’s claims against the Michigan Department of Civil Rights.”

    Salon owner Christine Geiger tells Metro Times that she disagrees with Nessel’s interpretation of the law.

    “The U.S. Supreme Court has said that courts decide first before agencies,” Geiger says.

    Asked how the salon was doing after being thrust into the media spotlight, Geiger responds, “Fine,” and declined further comment.

    In October, Geiger filed a lawsuit in Traverse City Circuit Court against Traverse City and three residents who filed a complaint against her salon, alleging they violated her “sincerely held religious understanding that God created a man and a woman and that any other conception of a man and a woman violates God’s plan.”

    In December, Geiger added MDCR to the lawsuit in an attempt to challenge a part of the Michigan Elliott-Larsen Civil Rights Act that bars discrimination based on gender identity and sexual orientation.

    In her motion to dismiss, Nessel said the salon was attempting “to derail administrative proceedings initiated against Studio 8 by MDCR and to retaliate against the individuals who exercised their right to file complaints against the studio under the Elliott-Larsen Civil Rights Act.”

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    Steve Neavling

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