Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
AYMAN JARRAH, a/k/a DAVE
)
YURMAN, LAND GUARDIAN,
)
INC., formerly d/b/a GASLAMP,
)
and currently d/b/a 360 MIDTOWN,
)
)
Defendants.
)
___________________________________ )

CIVIL ACTION NO. 4:16-CV-2906

COMPLAINT
The United States of America alleges:
1.

This action is brought by the Attorney General on behalf of the United States to

enforce Title II of the Civil Rights Act of 1964, 42 U.S.C. 2000a, et seq.
JURISDICTION AND VENUE
2.

This Court has jurisdiction over this action pursuant to 42 U.S.C. 2000a-5(a)

and 28 U.S.C. 1345.

3.

Venue is proper in the Southern District of Texas pursuant to 28 U.S.C. 1391(b)

because (a) a substantial part of the events giving rise to the claims alleged herein arose in this
District, and (b) Defendants reside in and do business in this District.
DEFENDANTS
4.

Defendant Ayman Jarrah, a/k/a Dave Yurman, lives in Houston, Texas.

5.

Defendant Land Guardian, Inc., is a registered domestic company in Texas. At all

times relevant to this complaint, Defendant Land Guardian, Inc., has operated a bar, restaurant,
1

Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 2 of 7

and/or nightclub located in Houston, Texas. That establishment was formerly known as
Gaslamp, located at 2400 Brazos Street in Houston, Texas. The establishment is now known
as 360 Midtown, which is located at the same address and in the same physical space as
Gaslamp.
6.

Defendant Ayman Jarrah is the president, director, registered agent, and corporate

shareholder of Defendant Land Guardian, Inc. Defendant Ayman Jarrah has authority to act on
behalf of Defendant Land Guardian, Inc., and is responsible for the management and operation
of all activities of Defendant Land Guardian, Inc.
7.

At all times relevant to this complaint, Defendants Ayman Jarrah and Land

Guardian have owned and operated a three-story establishment located at 2400 Brazos Street,
which was formerly called Gaslamp and is now known as 360 Midtown.
8.

The establishment known as Gaslamp included a bar and grill located on the first

floor, a nightclub located on the second floor known as Elysium, and a rooftop nightclub
located on the third floor known as Gaslamp Terrace.
9.

The establishment known as 360 Midtown includes a bar on the first floor, a

nightclub located on the second floor known as The Hampton Room, and a rooftop nightclub
located on the third floor known as Skybar.
10.

At all times relevant to this complaint, Gaslamp sold food and alcohol for

consumption on the premises while it was in operation.

11.

At all times relevant to this complaint, 360 Midtown has sold alcohol for

consumption on the premises.

12.

A substantial portion of the food and/or drinks served by Gaslamp and 360

Midtown have moved in interstate commerce.

Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 3 of 7

13.

At all times relevant to this complaint, Gaslamp and Midtown 360 have offered

patrons, including out-of-state travelers, entertainment such as in-state and out-of-state televised
sporting events, a disc jockey, dancing, live music, and games such as Magnet Pong and Ring
Toss. A substantial portion of the materials used in the operation of Gaslamp and 360 Midtown
including, for example, plates, glasses and utensils, tables and chairs, kitchen appliances,
music and disc jockey equipment, televisions, games, and hookahshave moved in interstate
commerce.
14.

The establishment formerly known as Gaslamp and currently known as 360

Midtown is a place of public accommodation within the meaning of 42 U.S.C. 2000a(b).

15.

The operation of the establishment formerly known as Gaslamp and currently

known as 360 Midtown affects commerce within the meaning of 42 U.S.C. 2000a(c).
TITLE II VIOLATIONS
16.

Since at least October 2014 to the present, the Defendants, through their own

actions or the actions of their officers, employees and agents, implemented policies and practices
that deny African-American, Hispanic, and Asian-American patrons, on account of their race,
color, and/or national origin, the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of the establishment formerly known as Gaslamp
and currently known as 360 Midtown. These policies and practices have included (1) charging
African-Americans, Hispanics, and Asian-Americans a cover charge to enter the establishment
while not imposing such a charge on similarly situated white patrons; and (2) otherwise
discouraging and/or denying African-American, Hispanic, and Asian-American patrons
admission to the establishment while offering admission to similarly situated white patrons.

Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 4 of 7

17.

Defendant Jarrah was responsible for devising, implementing, and instructing

employees and agents to carry out the discriminatory practices and policies described above at
the establishment formerly known as Gaslamp and currently known as 360 Midtown. In
providing such instructions to employees and agents, Defendant Jarrah used racial slurs, such as
n**ger, and/or other derogatory terms when referring to African-American, Hispanic, and/or
Asian-American patrons.
18.

Consistent with Defendant Jarrahs instructions, in numerous instances since at

least October 2014, Defendants charged African-American, Hispanic, and Asian-American

patrons a cover charge (ranging from at least $10 - $20) to enter Gaslamp when similarly situated
white patrons were not charged such a fee. For example, in November 2014, a Gaslamp
employee charged a group of four Asian-American patrons $10 per person to enter Gaslamp.
Within minutes, the group observed a Gaslamp employee charging African-American patrons
but permitting white patrons to enter without paying. Similarly, on September 11, 2015, a
Gaslamp employee charged three African-American patrons a $20 cover charge, which the
African-American patrons declined to pay. Approximately 30 minutes later, these AfricanAmerican patrons observed (1) white patrons entering Gaslamp without being charged; and
(2) other African-American, Hispanic, and Asian-American patrons being charged a cover and/or
being denied entrance to Gaslamp. Moments later, when one of the three African-American
patrons again attempted to enter Gaslamp, the Gaslamp employee again attempted to charge him
$20. The African-American patron did not enter the establishment.
19.

Consistent with Defendant Jarrahs instructions, since at least October 2014,

Gaslamp denied numerous African-American, Hispanic, and Asian-American patrons entry

based on alleged dress code violations when similarly dressed white patrons were permitted to

Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 5 of 7

enter. For example, in October 2014, an African-American patron was denied entry for wearing
a midriff shirt and high-waisted pants. Moments later, Gaslamp permitted another white patron
to enter even though she was wearing a similarly-styled midriff shirt and high-waisted pants. At
the time of the incident, Gaslamp did not have a dress code posted and the Gaslamp website did
not contain a dress code. At the time of the incident, photographs appearing on social media
platforms promoting Gaslamp contained images of white Gaslamp customers wearing similarlystyled midriff shirts.
20.

The Defendants conduct described in Paragraphs 16 through 19 constitutes a

pattern or practice of resistance of the full and equal enjoyment by African-American, Hispanic,
and Asian-American individuals, on account of these individuals race, color, and/or national
origin, of rights secured by 42 U.S.C. 2000a, et seq., and the pattern or practice is of such a
nature and is intended to deny the full exercise of such rights.
PRAYER FOR RELIEF
WHEREFORE, the United States requests that the Court enter an Order:
1.

Declaring that the discriminatory practices and policies of the Defendants violate

Title II of the Civil Rights Act of 1964, 42 U.S.C. 2000a, et seq.;

2.

Enjoining the Defendants, their employees, agents, and successors, and all other

persons in active concert or participation with them, from engaging in any act or practice which,
on the basis of race, color, or national origin, denies or abridges any rights secured by Title II of
the Civil Rights Act of 1964, 42 U.S.C. 2000a, et seq.; and
3.

Requiring the Defendants, their employees, agents, and successors, and all other

persons in active concert or participation with the Defendants, to take such affirmative steps as

Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 6 of 7

may be necessary to remedy the effects of past unlawful conduct and to prevent the recurrence of
discriminatory conduct in the future.
The United States further prays for such additional relief as the interests of justice may
require.
This 28th day of September, 2016.
Respectfully submitted,
LORETTA E. LYNCH
Attorney General

s/Vanita Gupta
VANITA GUPTA
Principal Deputy Assistant Attorney General
Civil Rights Division

KENNETH MAGIDSON
United States Attorney
Southern District of Texas
DANIEL DAVID HU
Assistant United States Attorney
Chief, Civil Division

s/Jimmy A. Rodriguez
JIMMY RODRIGUEZ
Assistant United States Attorney
Southern District No. 572175
Texas Bar No. 24037378
Attorney-In-Charge
1000 Louisiana, Suite 2300
Houston, TX
Phone: (713) 567-9532
Email: Jimmy.Rodriguez2@usdoj.gov

s/Sameena S. Majeed
SAMEENA S. MAJEED
Chief
Housing and Civil Enforcement Section

s/Elise Sandra Shore

TIMOTHY J. MORAN
Deputy Chief
ELISE SANDRA SHORE
Georgia Bar No. 557131
Trial Attorney
Housing and Civil Enforcement Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue N.W.
Northwestern Building
6

Case 4:16-cv-02906 Document 1 Filed in TXSD on 09/28/16 Page 7 of 7

Washington, D.C. 20530

Phone: (202) 305-0070
Email: Elise.Shore@usdoj.gov
Attorneys for Plaintiff United States of
America

JS 44 (Rev. 0/16)

Case 4:16-cv-02906 Document 1-1 Filed in TXSD on 09/28/16 Page 1 of 1

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

UNITED STATES OF AMERICA

AYMAN JARRAH, a/k/a DAVE YURMAN, LAND GUARDIAN,

INC., formerly d/b/a GASLAMP and currently d/b/a 360 MIDTOWN
Harris County
County of Residence of First Listed Defendant

(b) County of Residence of First Listed Plaintiff

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Jimmy A. Rodriguez, Assistant United States Attorney, 1000 Louisiana,

Suite 2300, Houston, TX 77002

II. BASIS OF JURISDICTION (Place an X in One Box Only)

u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Timothy Sutherland, Bank of American Center, 700 Louisiana, Suite

3950, Houston, TX 77002

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
u 4
u 4
of Business In This State

Citizen of Another State

u 2

Incorporated and Principal Place

of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
u
u
u
u
u
u
u

u
u
u
u
u

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure

of Property 21 USC 881
u 690 Other

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

u
u
u
u
u

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)

u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

u 8 Multidistrict
Litigation Direct File

Title II of the Civil Rights Act of 1964, 42 U.S.C. 2000a, et seq.

VI. CAUSE OF ACTION Brief description of cause:

Defendants discriminated against non-white individuals on account of their race, color, and/or national origin

DEMAND $
u CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE Keith P. Ellison
DATE

CHECK YES only if demanded in complaint:

u Yes
u No
JURY DEMAND:
DOCKET NUMBER 4:15-cv-3181

SIGNATURE OF ATTORNEY OF RECORD

s/Jimmy A. Rodriguez

09/28/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE