Natali sues HRC

http://www.ebar.com/news/article.php?sec=news&article=973

Natali sues HRC by Matthew S. Bajko
m.bajko [at] ebar.comLes Natali. Photo: Rick GerharterA Castro bar owner found by a city
agency to have discriminated against women and African Americans filed suit last
week to overturn the findings, claiming they have harmed his reputation and
businesses.
SF Badlands owner Les Natali is suing the city's Human Rights Commission and its
director, Virginia M. Harmon, in San Francisco Superior Court, seeking a court order
to overturn the HRC staff report issued on April 26, 2005.
In his lawsuit, filed Wednesday, June 28, Natali claims that the HRC report is
"unauthorized and factually unsupported" and "wrongly concludes that
[he] and his business have violated San Francisco civil rights laws, harming [his]
reputation and the goodwill of his business." The results have been
"lasting and damaging," Natali claims in the lawsuit.
Natali could not be reached for comment. He has retained the law firm of San
Francisco attorney Dennis Riordan. Riordan said he took the case because he believes
Natali has a valid claim in wanting to clear his name.
"Nothing came of this. None of these allegations were ever substantiated and
yet there are news articles and Internet reports that say he is guilty of
discrimination, which is not the case," Riordan said. "It is a very
damaging thing to have someone plug in your name and find something on the Internet
that says you are a racist. People take what they see as gospel. It is out there and
it shouldn't be. The good and fair thing to do is withdraw the findings."
In Natali's lawsuit, Riordan argues that the HRC had no authorization to determine
that Natali violated city codes, and its only role should have been "to provide
recommendations ... to help eliminate discriminatory practices. Yet the HRC finding
... does not contain a single recommendation."
Larry Brinkin, the HRC staff member who oversaw the agency's Badlands investigation,
disputed Natali's and his attorney's argument that the city commission had no
jurisdiction in the matter.
"We did a very thorough investigation. It is authorized by city ordinance. The
issuance of a report following an investigation is the logical outcome. And we did
our job," said Brinkin. "We are very disappointed he is opening this up
again."
According to Brinkin, Natali's lawsuit is the first time in the 42-year history of
the commission that someone has sued to overturn its findings.
"It is not typical," Brinkin said of the legal action.
For more than two years Natali has denied the allegations brought forth by former
employees and patrons of his bar on 18th Street. The group originally called itself
Is Badlands Bad? and later, And Castro For All.
In an e-mail, a spokesman for the group defended the HRC finding as valid. "The
San Francisco City Attorney's office reviewed, revised, and ultimately signed off on
the city's original Finding before it was released in April of 2005," stated
AC4A co-founder Don Romesburg.
The group filed its complaints against Natali in June 2004 with both the city's HRC
and several state agencies. The state Department of Alcoholic Beverage Control
dismissed the charges after conducting a yearlong undercover investigation at the
bar.
Only the city commission found evidence to support the charges but the HRC lacked
any authority to place penalties on Natali since he is not a city contractor. In the
meantime, as the group of eight complainants pressed Natali to enter into mediation
to settle the matter, And Castro For All staged weekly Saturday night pickets
outside his bar.
Former Mayor Willie Brown, at the behest of Mayor Gavin Newsom, eventually mediated
a confidential settlement between both sides that was finalized in January. As part
of the agreement, the complainants withdrew their claims against Natali. In return,
Natali asked the HRC to reconsider its findings.
In April, the HRC denied that request, leading Natali to file his lawsuit. Along
with withdrawal of the findings against him, Natali is seeking attorney fees and
"whatever additional relief may be
warranted."http://www.ebar.com/news/article.php?sec=news&article=973

To join the movement for greater inclusion in the Bay Area, visit
http://www.andcastroforall.org.