<font size="5"><center>
Are 'dress codes' a cloak
for racial discrimination?</font size><font size="4">
New issues of attire vex Kansas City's
downtown Power & Light District</font size></center>
A complaint alleges that on Aug. 22, Khiana Leapheart and six relatives tried to
enter the Mosaic Lounge wearing these clothes but were told they did not pass
the dress code.
The Kansas City Star
By LYNN HORSLEY
and MATT CAMPBELL
November 5, 2009
A dress code controversy in the Power & Light District flared again Thursday when an African-American family filed a complaint saying it was discriminated against.
Seven members of the family have complained to the Missouri Commission on Human Rights that a district nightclub barred them while allowing similarly attired white patrons to enter.
Also Thursday, Kansas City’s Human Relations Department issued a report of its own investigation of the district. It found that the dress code was not consistently enforced among whites and minorities.
The report, which was prompted by complaints, did not conclude that the district discriminates, but it did recommend ways to ensure that the dress code is fairly enforced.
Zed Smith, national director of operations for Cordish, insisted Thursday that the entertainment district complies with city ordinances and “does not discriminate in any form or fashion in the execution of our dress code.” He said that the district has hosted 6 million patrons in the last year and that complaints are rare.
But Smith said the company will work with the city on its recommendations to provide more training, more monitoring and more video cameras.
“We want to make sure we get this right,” he said.
City Council members said that they were concerned about the continuing allegations of unequal treatment at the entertainment district and that they will get a public update from human relations officials on Nov. 19.
Councilwoman Beth Gottstein reminded her colleagues that Kansas City plays host next year to the 10,000-delegate NAACP national convention and said the city has to get a handle on this problem.
“This is exactly what we don’t want to happen,” she said.
<font size="4">Family’s complaint</font size>
In a news conference Thursday outside the Power & Light District, civil rights lawyer Arthur Benson accused Cordish and its tenants of <SPAN style="BACKGROUND-COLOR: #ffff00">using the dress code to regulate the number of minorities in an establishment in order to keep it from getting “too dark.”</span>
According to the first of several discrimination complaints expected to be filed, Khiana Leapheart, an African-American, and six relatives were celebrating a family reunion at the Power & Light District on the evening of Aug. 22.
They tried to enter the Mosaic Lounge, the complaint said, but employees said they did not meet the dress code requirements. The members of the Leapheart group said they did in fact meet the requirements, and they observed similarly dressed whites given permission to enter.
The complaint said treatment of the Leapheart group was the result of “a pattern and practice of racial discrimination against minority members of the public, especially African-Americans.”
At the news conference, family members said they were denied entry to the club ostensibly because J.D. Bell III of Kansas City did not have his shirt tucked into his pants. Bell said he tucked his shirt in, but the entire group still was denied admission and was not given any further reason.
“They blew us off and told us to get out of line,” Bell said.
The filing of a complaint to the Missouri Commission on Human Rights is required prior to the filing of a lawsuit. In a letter to the commission’s executive director, Alisa Warren, Benson has asked the commission to expedite the charges and issue right-to-sue letters as quickly as possible.
Smith attended the news conference and spoke on behalf of the district’s local managers. He said he could not specifically address the incident.
Smith said that every tenant in the district has its own dress code interpretation but that all are expected to comply with a city ordinance that says such codes cannot be used to arbitrarily deny people access.
He noted that the family members were allowed into the communal area of the KC Live block within the Power & Light District.
Smith added that Cordish has an extensive training program for its tenants as well as a program to test compliance.
<font size="4">City’s test</font size>
As a result of complaints like those by Benson’s clients, the Human Relations Department tested the Power & Light District’s enforcement of the dress code on the weekend of Sept. 18 and 19. It found that <SPAN style="BACKGROUND-COLOR: #ffff00">white patrons were all allowed in but that minorities were denied 44 percent of the time based on an assessment that their clothes were too long or baggy.</span>
“KC Live employees do not consistently admit patrons based upon the adopted dress code policy,” the report said.
The department did find that the district has significantly increased the number of African-American employees who are determining whether patrons are allowed in.
“Although the hiring of more African-Americans is significant,” the report said, “more needs to be done in terms of inclusiveness of all patrons.”
In a written response to the report, Smith said he had concerns about the validity of the test. The fact that three African-American testers were admitted but two were not pointed more to flaws in the consistency of their attire than inherent racism, he wrote.
He said Cordish remains fully committed to working with the city “in a positive and constructive manner.”
The Human Relations Department issued a number of recommendations — which Cordish has agreed to — including more employee training and funding from KC Live for an independent agency to conduct dress code testing at least twice per year.
Tension over the dress code began soon after the entertainment district began to grow in early 2008. Some City Council members said they were besieged with complaints that the rules — including prohibitions on baggy pants, neck chains on men and white T-shirts — discriminated against African-Americans.
Other provisions banned untucked T-shirts, work boots and baseball caps worn with the bill sideways.
Cordish officials have defended the dress code as an effort to set a standard of attire for all patrons and create a safe and welcoming atmosphere.
But there were concerns that the controversy could jeopardize the huge investment Kansas City has made in energizing its downtown.
The City Council began exploring ways to limit dress code provisions in publicly subsidized developments. Cordish contended the proposed legislation was targeted at the Power & Light District and therefore was unconstitutional.
A compromise adopted last spring said subsidized developments cannot use dress codes to arbitrarily deny people access. But businesses were allowed to continue to bar sagging pants or excessively baggy clothes as long as the rules were enforced uniformly.
Businesses also could regulate the length of an exposed shirttail and ban athletic apparel unless there is a major Kansas City sports event.
http://www.kansascity.com/105/story/1552387.html
Are 'dress codes' a cloak
for racial discrimination?</font size><font size="4">
New issues of attire vex Kansas City's
downtown Power & Light District</font size></center>
A complaint alleges that on Aug. 22, Khiana Leapheart and six relatives tried to
enter the Mosaic Lounge wearing these clothes but were told they did not pass
the dress code.
The Kansas City Star
By LYNN HORSLEY
and MATT CAMPBELL
November 5, 2009
A dress code controversy in the Power & Light District flared again Thursday when an African-American family filed a complaint saying it was discriminated against.
Seven members of the family have complained to the Missouri Commission on Human Rights that a district nightclub barred them while allowing similarly attired white patrons to enter.
Also Thursday, Kansas City’s Human Relations Department issued a report of its own investigation of the district. It found that the dress code was not consistently enforced among whites and minorities.
The report, which was prompted by complaints, did not conclude that the district discriminates, but it did recommend ways to ensure that the dress code is fairly enforced.
Zed Smith, national director of operations for Cordish, insisted Thursday that the entertainment district complies with city ordinances and “does not discriminate in any form or fashion in the execution of our dress code.” He said that the district has hosted 6 million patrons in the last year and that complaints are rare.
But Smith said the company will work with the city on its recommendations to provide more training, more monitoring and more video cameras.
“We want to make sure we get this right,” he said.
City Council members said that they were concerned about the continuing allegations of unequal treatment at the entertainment district and that they will get a public update from human relations officials on Nov. 19.
Councilwoman Beth Gottstein reminded her colleagues that Kansas City plays host next year to the 10,000-delegate NAACP national convention and said the city has to get a handle on this problem.
“This is exactly what we don’t want to happen,” she said.
<font size="4">Family’s complaint</font size>
In a news conference Thursday outside the Power & Light District, civil rights lawyer Arthur Benson accused Cordish and its tenants of <SPAN style="BACKGROUND-COLOR: #ffff00">using the dress code to regulate the number of minorities in an establishment in order to keep it from getting “too dark.”</span>
According to the first of several discrimination complaints expected to be filed, Khiana Leapheart, an African-American, and six relatives were celebrating a family reunion at the Power & Light District on the evening of Aug. 22.
They tried to enter the Mosaic Lounge, the complaint said, but employees said they did not meet the dress code requirements. The members of the Leapheart group said they did in fact meet the requirements, and they observed similarly dressed whites given permission to enter.
The complaint said treatment of the Leapheart group was the result of “a pattern and practice of racial discrimination against minority members of the public, especially African-Americans.”
At the news conference, family members said they were denied entry to the club ostensibly because J.D. Bell III of Kansas City did not have his shirt tucked into his pants. Bell said he tucked his shirt in, but the entire group still was denied admission and was not given any further reason.
“They blew us off and told us to get out of line,” Bell said.
The filing of a complaint to the Missouri Commission on Human Rights is required prior to the filing of a lawsuit. In a letter to the commission’s executive director, Alisa Warren, Benson has asked the commission to expedite the charges and issue right-to-sue letters as quickly as possible.
Smith attended the news conference and spoke on behalf of the district’s local managers. He said he could not specifically address the incident.
Smith said that every tenant in the district has its own dress code interpretation but that all are expected to comply with a city ordinance that says such codes cannot be used to arbitrarily deny people access.
He noted that the family members were allowed into the communal area of the KC Live block within the Power & Light District.
Smith added that Cordish has an extensive training program for its tenants as well as a program to test compliance.
<font size="4">City’s test</font size>
As a result of complaints like those by Benson’s clients, the Human Relations Department tested the Power & Light District’s enforcement of the dress code on the weekend of Sept. 18 and 19. It found that <SPAN style="BACKGROUND-COLOR: #ffff00">white patrons were all allowed in but that minorities were denied 44 percent of the time based on an assessment that their clothes were too long or baggy.</span>
The department sent 11 similarly dressed males, ages 22 to 32, to the district. Three were white, five black and three Hispanic. They visited the central courtyard area and the Lucky Strike bowling lanes.
- The test showed that <SPAN style="BACKGROUND-COLOR: #ffff00">white patrons were allowed in 100 percent of the time</span>, even though one white male improperly wore long athletic shorts.
- The test also showed that the <SPAN style="BACKGROUND-COLOR: #ffff00">males of color were allowed to enter nine times out of 16 visits, or 56% percent of the time</span>.
“KC Live employees do not consistently admit patrons based upon the adopted dress code policy,” the report said.
The department did find that the district has significantly increased the number of African-American employees who are determining whether patrons are allowed in.
“Although the hiring of more African-Americans is significant,” the report said, “more needs to be done in terms of inclusiveness of all patrons.”
In a written response to the report, Smith said he had concerns about the validity of the test. The fact that three African-American testers were admitted but two were not pointed more to flaws in the consistency of their attire than inherent racism, he wrote.
He said Cordish remains fully committed to working with the city “in a positive and constructive manner.”
The Human Relations Department issued a number of recommendations — which Cordish has agreed to — including more employee training and funding from KC Live for an independent agency to conduct dress code testing at least twice per year.
Tension over the dress code began soon after the entertainment district began to grow in early 2008. Some City Council members said they were besieged with complaints that the rules — including prohibitions on baggy pants, neck chains on men and white T-shirts — discriminated against African-Americans.
Other provisions banned untucked T-shirts, work boots and baseball caps worn with the bill sideways.
Cordish officials have defended the dress code as an effort to set a standard of attire for all patrons and create a safe and welcoming atmosphere.
But there were concerns that the controversy could jeopardize the huge investment Kansas City has made in energizing its downtown.
The City Council began exploring ways to limit dress code provisions in publicly subsidized developments. Cordish contended the proposed legislation was targeted at the Power & Light District and therefore was unconstitutional.
A compromise adopted last spring said subsidized developments cannot use dress codes to arbitrarily deny people access. But businesses were allowed to continue to bar sagging pants or excessively baggy clothes as long as the rules were enforced uniformly.
Businesses also could regulate the length of an exposed shirttail and ban athletic apparel unless there is a major Kansas City sports event.
http://www.kansascity.com/105/story/1552387.html
