STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

Transcription

1 STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE THOMAS ZINN and THERESA TAYLOR, Plaintiffs, v. Case No. 04 CZ HON. SUMMIT GROUP OF DETROIT, MICHIGAN, LLC, a South Dakota limited liability company, and EMPIRE EXPRESS ASSOCIATES LIMITED PARTNERSHIP, a Michigan limited partnership, Defendants. / Andrew Nickelhoff (P37990) Cooperating Attorney for the ACLU Fund of Michigan Sachs Waldman, PC Attorneys for Plaintiffs 1000 Farmer Street Detroit, MI (313) Michael J. Steinberg (P43085) Kary L. Moss American Civil Liberties Union Fund of Michigan Attorneys for Plaintiffs 60 West Hancock Street Detroit, MI (313) , ext. 814 COMPLAINT AND JURY DEMAND There is no other pending or resolved civil action arising out of the transaction or occurrence alleged in the complaint. ANDREW NICKELHOFF (P37990) Plaintiffs THOMAS ZINN and THERESA TAYLOR, through their undersigned attorneys, 1

2 complain against the defendants as follows: 1. This is an action under the Elliott-Larsen Civil Rights Act, MCL , et seq., (hereinafter to remedy unlawful discrimination on the basis of age by a place of public accommodation. 2. This Court has jurisdiction under MCL (2). Venue is proper in this Circuit. 3. Plaintiff Thomas Zinn (AZinn@) is a college student who resides in the City of Zeeland, County of Ottawa, State of Michigan. At all times relevant to this Complaint, Thomas Zinn was 20 years of age. Plaintiff Zinn is a member of the U.S. Army Reserves who could be called up any day to serve in Iraq; many members of his unit have already been deployed to Iraq. 4. Plaintiff Theresa Taylor (ATaylor@) is a college student who resides in the City of Zeeland, County of Ottawa, State of Michigan. At all times relevant to this Complaint, Theresa Taylor was 18 years of age. 5. Defendant Summit Group of Detroit, Michigan, LLC, (hereinafter AHoliday Inn Express - Detroit@) is a South Dakota limited liability company authorized to conduct business in Michigan, which operates a hotel called, AHoliday Inn Express Hotel & Suites,@ located at 1020 Washington Blvd., City of Detroit, State of Michigan. Upon information and belief, Holiday Inn Express - Detroit operates the hotel under a franchise or other agreement with InterContinental Hotel Group or a related entity. 6. Defendant Empire Express Associates Limited Partnership (hereinafter AHoliday Inn Express - Birmingham@) is a Michigan limited partnership which operates a hotel called, AHoliday Inn Express Hotel-Birmingham@ located at Woodward Avenue, 2

3 City of Birmingham, State of Michigan. Upon information and belief, Holiday Inn Express - Birmingham operates the hotel under a franchise or other agreement with InterContinental Hotel Group or a related entity. 7. Plaintiffs Zinn and Taylor traveled to Detroit, Michigan to attend a Detroit Tigers baseball game on August 4, After the game ended, the plaintiffs decided that it was too late in the evening to drive safely back to their homes in Zeeland, Michigan. The plaintiffs stopped at the Holiday Inn Express - Birmingham seeking lodging for the night. A sign on the front desk stated that a guest had to be age 21 or older to reserve a room. The desk clerk confirmed the defendant=s minimum age policy. But for defendant Holiday Inn Express - Birmingham>s minimum age policy, the plaintiffs would have obtained lodging with the defendant. 8. On or about September 25, 2004, plaintiff Theresa Taylor contacted defendant Holiday Inn Express-Detroit by telephone and inquired about reserving a hotel room for the night of October 1, When Taylor requested a hotel reservation, she was told that unless she or Zinn were at least 21 years of age, they could not obtain a hotel room. The clerk stated that the reason for defendant Holiday Inn Express-Detroit=s denial of Taylor=s request to rent a hotel room for herself and Zinn was that the hotel had a policy against renting rooms to people under 21 years of age. COUNT I: VIOLATION OF ELLIOT-LARSEN CIVIL RIGHTS ACT 9. Defendant Holiday Inn Express-Detroit is a Aplace of public accommodation@ as defined in the ELCRA, MCL (a). 10. Defendant Holiday Inn Express - Birmingham is a Aplace of public accommodation@ as 3

4 defined in the ELCRA, MCL (a). 11. Section 302(a) of the ELCRA, MCL (a) provides that: Except where permitted by law, a person shall not...deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, sex, or marital status. 12. Each defendant violated Section 302(a) of ELCRA, MCL (a), by denying the plaintiffs full and equal enjoyment of a place of public accommodation because of their age. 13. The plaintiffs are at the age of majority and are fully entitled by law to rent or lease a hotel room in the State of Michigan. 14. As a direct and proximate result of defendants' violation of the ELCRA, the plaintiffs have suffered emotional and physical distress, mental and physical anguish, and embarrassment and the physical manifestations thereof. REQUEST FOR RELIEF WHEREFORE, the plaintiffs request that the Court grant them the following relief: A. Declare that the defendants= actions described in this Complaint violated the ELCRA, MCL (a); B. Order each of the defendants to cease and desist from denying lodging to the plaintiffs on the basis of their ages; C. Award monetary damages from each defendant to each plaintiff in the nominal amount of one dollar ($1.00); D. Award compensatory and exemplary damages; 4

5 E. Award the plaintiffs reasonable attorney's fees, costs and interest; and 5

6 F. Grant such other relief as this Court deems just and proper. Respectfully submitted, Andrew Nickelhoff (P37990) Cooperating Attorney for the ACLU Fund of Michigan Sachs Waldman, PC 1000 Farmer Street Detroit, MI (313) Michael J. Steinberg (P43085) Kary L. Moss American Civil Liberties Union Fund of Michigan 60 West Hancock Street Detroit, MI (313) , ext. 814 PLAINTIFFS= JURY DEMAND The plaintiffs demand a jury trial on all issues triable by a jury. Respectfully submitted, Andrew Nickelhoff (P37990) Cooperating Attorney for the ACLU Fund of Michigan Sachs Waldman, PC 1000 Farmer Street Detroit, MI (313) Michael J. Steinberg (P43085) Kary L. Moss American Civil Liberties Union Fund of Michigan 60 West Hancock Street Detroit, MI (313) , ext

7 Dated: October 20, 2004 O:\General\Nickelhoff\ACLU\Taylor\complaint.wpd 7