IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
C.A. No. 99-1604-CIV-ORL-22C
HBE CORPORATION,
d/b/a ADAM'S MARK HOTELS,
Defendant.
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REVISED SETTLEMENT DECREE
I. INTRODUCTION
On May 20, 1999, Plaintiffs Dante Gilliam, Jamie Morrison, Latoya
Straughn, Napoleon Berrian, and Mark Simmonds (hereafter "the Private
Plaintiffs") filed a complaint against defendant HBE Corporation d/b/a
Adam's Mark Hotels (hereafter "HBE" or "defendant") seeking to
represent a class of black persons who experienced race discrimination
at the Daytona Beach Adam's Mark Hotel (hereafter "the DBAMH") during
Black College Reunion (hereafter "BCR") in violation of Title II of
the Civil Rights Act of 1964, 42 U.S.C. §2000a et seq. and 42 U.S.C.
§1981. On December 3, 1999, the Private Plaintiffs filed their Second
Amended Complaint, which added HBE-Florida Corporation (hereinafter
"HBE-Florida") as a defendant. Gilliam et al. v. HBE Corporation d/b/a
Adam's Mark Hotels et al., 99-596-CIV-ORL-22C.
On December 16, 1999, the Florida Attorney General's Office ("State of
Florida") filed a complaint against HBE, HBE-Florida, and Frederick S.
Kummer, Jr., the Chief Executive Officer of HBE, and filed an
unopposed Motion to Intervene in Private Plaintiffs' action asserting
pendent state claims under Florida's Unfair and Deceptive Trade
Practices Act, Chapter 501, Part II. On January 18, 2000, the Court
granted the State of Florida's Motion to Intervene.
On December 16, 1999, the United States filed a complaint against
defendant HBE Corporation d/b/a Adam's Mark Hotels, alleging
violations of Title II of the Civil Rights Act of 1964, 42 U.S.C
§2000a et seq.
In September 1999, all plaintiff parties and defendants voluntarily
SNIPPETS:
IN THE UNITED STATES DISTRICT COURT
HBE CORPORATION,
d/b/a ADAM'S MARK HOTELS, Defendant.
On May 20, 1999, Plaintiffs Dante Gilliam, Jamie Morrison, Latoya Straughn, Napoleon Berrian,
On December 3, 1999, the Private Plaintiffs filed their Second Amended Complaint, which added
Gilliam et al. v. HBE Corporation d/b/a Adam's Mark Hotels et al.,
On January 18, 2000, the Court granted the State of Florida's Motion to Intervene.
On December 16, 1999, the United States filed a complaint against defendant HBE Corporation
On March 21, 2000, the parties in the United States' case and the parties in the Gilliam case
Subject to minor revisions to the Settlement Decree in the United States' case which are
"African American" - shall mean all black persons.
"Black College Reunion" or "BCR" - refers to an event that started in 1984 as a homecoming
The event, which is attended primarily by black persons, has been held annually since 1984 in
F. "Group Events" - shall include any event at an Adams Mark Hotel where the sponsoring group
"Non-managerial Employees" - shall include hourly employees and any other persons employed by
J. "Parties" or "party"- Unless otherwise specified, shall refer to the United States
K. "Public Accommodations" - shall include hotels, restaurants, bars, clubs, lounges, and all
Increasing security measures, and the number of security personnel, based on the race or
Retaliating against any officer, employee or agent for opposing or reporting alleged
isitation, room maintenance and cleaning, and check-out, shall be applied equally to all customers
Within 90 days of the entry of this Decree, HBE shall submit to the Compliance Officer, and
Specific Nondiscrimination Policies Regarding Special Events at Daytona Beach Adam's Mark
The DBAMH shall use its best efforts to provide the same level and type of security for each
If these parties are unable to agree upon such terms and conditions, these parties shall use
Within 60 days of the Effective Date of the Decree, HBE shall inform each current officer,
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