Filed Date: March 23, 2022
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This is a case about a hotel and bar that plaintiffs alleged refused to serve Native Americans, committing intentional race discrimination. On March 23, 2022, an individual who is Native American and NDN Collective, a non-profit that educates, funds, and organizes people "engaged in Native American issues," filed this lawsuit in the U.S. District Court for the District of South Dakota. Their case sought class action status for a class of all Native Americans who have or will visit the Grand Gateway Hotel and/or Cheers Bar, in Rapid City. Represented by a private law firm, they sued the corporation that owned the hotel and bar under 42 U.S.C. § 1981, seeking compensatory and punitive damages and an injunction. The case was assigned to Chief Judge Roberto Lange.
Section 1981 provides that all persons within the jurisdiction of the United States shall have “the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.” The complaint explained that the owner of the hotel and bar had earlier made a post on social media that said "Do [sic] to the killing . . . that took place at Grand Rapid Hotel... plus all the vandalism... We will no longer allow any Native American on property". The complaint also alleged other similarly discriminatory statements by the owner. Subsequently, the complaint alleged, the hotel denied service to the individual plaintiff, allegedly because she was Native American, and to NDN's members, for the same reason.
Not much has happened in the case; the plaintiffs filed an amended complaint (with differences not relevant to this summary) on March 24, 2022; the defendants have answered.
Michelle Landry (5/23/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63181901/parties/ndn-collective-v-retsel-corporation/
See docket on RECAP: https://www.courtlistener.com/docket/63181901/ndn-collective-v-retsel-corporation/
Last updated May 23, 2022, 9:42 a.m.
State / Territory: South Dakota
Filing Date: March 23, 2022
Case Ongoing: Yes
There are two plaintiffs. NDN Collective is a non-profit organization organizing those engaged in Native American issues. In addition, there is an individual Native American plaintiff. They bring this lawsuit on behalf of themselves and of All Native Americans who have or will visit the Grand Gateway Hotel and/or Cheers Bar.
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Causes of Action:
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Type of Facility: