American Legion Post 76 in Jamaica Plain has agreed to pay $15,000 and to adopt new anti-discrimination policies to resolve allegations of racial discrimination against vendors and patrons at a sweet 16 birthday party last year, Massachusetts Attorney General Maura Healey announced today.
According to the attorney general's office, in January 2015, an African-American woman reserved event space at Post 76 for her daughter's birthday party that June. When her event planners arrived at the venue, a bartender allegedly initially refused to host the party, saying that party attendees could be “gang members” and might “get drunk and shoot the place.”
The staff eventually agreed to host the event, but kept the event space open to the rest of the building instead of closing it off as they normally would because of purported safety concerns. Throughout the night, Post 76 staff were also allegedly overheard making derogatory comments about African-American party guests.
Post 76 has agreed to pay $15,000 in restitution to the family that rented the event space and penalties to the state. Additionally, Post 76 will adopt a comprehensive anti-discrimination policy and require all staff and volunteers to attend training on state and federal public accommodation laws. Under the settlement, Post 76 will also host an event and sponsor a program for students at English High School.
The full press release from the attorney general's office is below.
JAMAICA PLAIN AMERICAN LEGION AGREES TO ADOPT NEW POLICIES, PAY $15,000 TO RESOLVE ALLEGATIONS OF RACIAL DISCRIMINATION
Allegations of Racial Discrimination against Patrons and Vendors at Sweet Sixteen Party; Settlement Also Requires Post to Host, Sponsor Local High School Students
BOSTON – Jamaica Plain Post No. 76, Inc. of The American Legion (Post 76), has agreed to adopt new anti-discrimination polices and pay $15,000 to resolve allegations of racial discrimination against vendors and patrons at a sweet sixteen birthday party, Attorney General Maura Healey announced today. Under the settlement, Post 76 will also host an event and sponsor a program for students at The English High School.
The assurance of discontinuance, entered on Monday in Suffolk Superior Court, resolves allegations of discrimination by Post 76 against African American party guests and vendors based on their race and/or color by harassing them, using derogatory language, and eventually ending the party early.
“This action resolves allegations that guests were treated as suspect and subjected to ignorant and racially discriminatory comments,” said AG Healey. “No one in Massachusetts should be discriminated against based on their race and we need to continue to find ways to reject and end both explicit and implicit bias in all its forms. I am especially pleased that the Post, in addition to taking steps to implement better policies and train its staff, will also give back to the community by supporting local youth at English High.”
The AG’s Office alleges that in January 2015 an African American woman reserved event space at Post 76 for her daughter’s sweet sixteen birthday celebration in June 2015. When her event planners arrived at the venue, a bartender questioned them about the event and initially refused to host the party, saying that those who attended the party—presumably African American teenagers—could be “gang members” and might “get drunk and shoot the place.”
The staff eventually agreed to host the event, but kept the event space open to the rest of the building instead of closing it off as they normally would because of purported safety concerns.
The AG’s Office further alleges that when an African American photographer arrived, he was stopped by the same bartender, who suggested he might be carrying a gun and required him to open his bags so they could be inspected. Throughout the night, Post 76 staff were also overheard making derogatory comments about the African American guests. Post 76 then allegedly ended the party early.
According to the terms of the settlement, Post 76 will adopt a comprehensive anti-discrimination policy and require all staff and volunteers to attend training on state and federal public accommodation laws.
Post 76 has also agreed to host an annual event for The English High School Boston School Cadets Junior Reserve Officers’ Training Corps program and sponsor students to attend the American Legion Boys and Girls State leadership programs.
This settlement also requires Post 76 to pay a total of $15,000 in restitution to the family which rented the event space and penalties to the Commonwealth.
The AG’s Office alleges that Post 76 violated the Massachusetts Public Accommodations Law and Consumer Protection Act. The Public Accommodations Law makes it unlawful for any business that solicits or accepts the patronage of the general public to distinguish among customers on the basis of their race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, or disability. The law prohibits discrimination with respect to both admission into and treatment within places of public accommodation. The Consumer Protection Act prohibits unfair or deceptive conduct in trade or commerce.
This matter was handled by Assistant Attorneys General Shaneka L. Davis and Kimberly Strovink of AG’s Healey’s Civil Rights Division, with assistance from Kristen Salera and Shannon Roark of AG Healey’s Civil Investigations Division.