Home > Uncategorized > NAACP Sues Business For Closing During Black Bike Week

NAACP Sues Business For Closing During Black Bike Week

Elliot Millner, J.D.

The NAACP recently filed suit against Molly Darcy’s, a restaurant located on the waterfront in Myrtle Beach, South Carolina, for closing during Black Bike Week, allegedly based on racially discriminatory reasons. The suit alleges that Molly Darcy’s closed during Black Bike Week for the particular purpose of not wanting to cater to Black customers. The plaintiffs are seeking an injunction against Molly Darcy’s to prevent it from continuing the discriminatory practice, in addition to actual and punitive damages for all plaintiffs harmed by the activity.

Without getting into the particular facts of this case, I will say that this type of action is nothing new and something that I have personally observed in Myrtle Beach. I have also heard of similar things taking place during other events with an overwhelming majority of Black attendees in other cities. The difficulty in cases such as these is that the plaintiff must prove that the party being sued acted in a racially discriminatory way, and that there was no legitimate reason other than racial discrimination for the business closing during this time period. In addition, they must show that they suffered some type of actual harm from the business being closed. I’m sure Molly Darcy’s attorney’s are already coming up with dozens of other “reasons” why the business closed during that time period, having nothing to do with race.

I know a lot of people have issues with the NAACP and complain about it being an organization out of touch with the problems Black people are facing today. And I know a lot of people will look at this case and say that if a business doesn’t want to cater to Black customers, then why should we want to give them our business anyway, much less sue to do so? Those points are understandable to a certain extent, however the real issue isn’t about begging to give white-owned businesses our money, it’s about obeying the law and providing equal access to people regardless of race, ethnicity, gender, or any other protected characteristic. It’s much easier to say “just go to a Black business instead” when you’re living in D.C. or Atlanta, but what about if you’re driving through Oregon and that isn’t an option? Doesn’t that sound very much like the existence many of our elders and ancestors were forced to deal with only a few decades ago?

If Black people took repeated instances like this as motivation to patronize Black-owned businesses more regularly, that would be a wonderful outcome. But the issue in this case is something different. Let’s give the NAACP and the plaintiff’s involved the benefit of the doubt before passing judgment.

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Categories: Uncategorized
  1. Chef Alisia
    June 4, 2011 at 3:43 pm

    This is a response I got from a white chef when I posted this:

    “so if the cause is to stop discrimination why fly the black flag on the biker event, call it the all races bike week. Unless the cause is to maintain separation and enjoy the benefits provided by being separated. There is no advantage to blending in, this is for sure. But to say a restaurant is discriminating because they closed is not true.”

    My response was this:

    “private clubs in the south choose to self segregate and that is one thing, closing your business because you don’t want to serve black people is another. Do you not understand the difference? I have dealt with restaurants that give bad service or no service solely based on my color, have you? Until that happens to you, you have NO IDEA what discrimination is!”

    White people still think that when we choose to self segregate that this is discrimination. It’s crazy to me that they think closing a restaurant so they don’t have to serve black people is the same this as black people having their own bike clubs!

  2. Dr. Joyce Royster
    June 5, 2011 at 12:10 am

    I wholeheartedly applaud the NAACP to taking this action. We need to realize that the struggle for human and civil rights is far from over. In fact, white people think they have the WHITE RIGHT to discriminate. They think that they are living in the post civil rights era. Keep us the good work. As a member, I will continue to support.

  3. Larry Hughes
    July 29, 2011 at 2:11 am

    They close because you thugs terrorize their businesses and customers. Then after running up a huge tab, you just walk out, never intending to pay the bill. Not to mention, waitresses wages are based off tips. A tip is money given to your server above and beyond the total bill you were presented based on their quality of service. Spread the word. And stop acting like you guys are well mannered and civil customers. Of course these businesses would stay open if you didn’t cost them money to serve you. What don’t you get?

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