1

The recent fatal Philadelphia police shooting of 26 year old Brandon Tate-Brown, in the back
of the head, has ignited long existing racial tensions in the city - buoyed by powerful national
protest against racial violence and police brutality from Florida to Ferguson to New York City.
Subsequent to the Tate-Brown shooting, the U.S. Justice Department released a report on the
use of lethal force by the Philadelphia Police Department, providing a long list of suggested
reforms based on a study of the citys nearly 400 officer involved shootings in the last eight
years, against suspects who were almost always black men 4. Mayor Michael Nutter also announced the creation of an independent board to monitor the implementation of the Justice
Department recommendations.5 We are at an important moment where grassroots movements have forced institutions to look inwards and examine themselves - exposing deeply
rooted systems of racism.
It is within this political climate that the Cordish Companies, a real estate development company with a long history of alleged discrimination against African-American patrons in their
venues (often allegedly enforced by their top executives), is attempting to build and manage
a large casino in South Philadelphia, one that could potentially bring the company a windfall
in profits. The company has already constructed, and continues to manage, the two massive
entertainment complexes at the heart of this report - the over half a million square foot Power & Light District in downtown Kansas City, Missouri and the 350,000 square foot 4th Street
Live! in Louisville, Kentucky. Within the last four years, there have been a shocking number
of lawsuits and complaints filed against the company, detailing how senior executives at
Cordish Companies have allegedly discriminated against African-American patrons.
Cordish Companies currently manages a small strip of bars called Xfinity Live! in South
Philadelphia. In late 2014, the State of Pennsylvania granted a gaming license to Cordish
Companies, allowing them to expand their holdings to build and operate a casino adjacent
to Xfinity Live!

Since 2011, there have been 8 lawsuits and 2 formal complaints filed against Cordish Companies
in their Kansas City and Louisville locations for incidents of alleged racial discrimination. The
allegations span from 2008 - 2014 and involve complaints from 24 separate plaintiffs and testimony
from 5 former employees. What follows is essentially a litany of the allegations made in those
lawsuits and complaints. No representation or statement is made herein as to the merits of such
allegations or the lawsuits or complaints filed against the Cordish Companies in any jurisdiction
or forum. Allegations include:

Senior executives giving explicit instructions to racially discriminate against African

Americans, led by Cordish senior manager, Jake Miller, and Cordish Vice President Reed
Cordish.

The use of rabbits, selective enforcement of dress codes, and other strategies created by senior executives to discriminate against African Americans. A rabbit is an
alleged code word used by Cordish executives and managers for an undercover, white
patron who is paid by Cordish managers to start fights with African Americans, which
would then be used as the reason to kick out African American patrons. Further, dress
code policies at Cordish venues were selectively applied only to African American
patrons or falsely used as an excuse to prevent African Americans from entering premises. A former Cordish general manager estimates at least 200 persons were racially
victimized each week at the Kansas City Power & Light District alone.6 These are just
two of a long list of discriminatory strategies used by Cordish Companies, serving as
a virtual manual of exclusionary policy.

Senior executive Jake Miller routinely used racial epithets when referring to African
Americans, and was one of the managers who primarily ordered the use of rabbits.
Miller, who directly reports to Reed Cordish, has worked for the company since 2005,
and since the first of these allegations surfaced since 2009, has been promoted.

Senior Vice President Reed Cordish, who is Cordish CEO David Cordishs son, used
disparaging language to refer to African Americans. Testimony also indicates that he
was known to have preferred to keep African Americans out of his venues, and even
saw to it personally that African Americans be denied admission to one of the
companys venues.

Punitive measures if managers did not abide by discriminatory practices targeting

African American patrons. A Cordish Companies manager testified that he was fired
for his refusal to implement discriminatory practices directly mandated by senior
executives.

Open discussion of discriminatory practices, even at mid-level management and

marketing meetings, where senior executives were not present, demonstrating a
pervasive culture of discrimination.

Aggressive and violent acts by Cordish employees towards African American

patrons, including testimony that a club manager would routinely, randomly shoot
pepper spray in the direction of groups of African American patrons, further
demonstrating the pervasive culture of discrimination at Cordish Companies.

Testimony from 5 different employees in 2 different cities in 3 different lawsuits shows that Cordish
Vice President Reed Cordish and Cordish subsidiary Executive Vice President Jake Miller (who was
a direct report to Reed Cordish) explicitly gave orders to exclude African Americans from Cordish
owned or managed venues, and that they used racial epithets to describe African Americans.

EMPLOYEE NAME

DATE

ASSOCIATED LAWSUIT

David Skyrm

Whitlock et al v. FSL Management, Inc.

se complaints are 1/1/09
still active.
Allegations include:

ALLEGATION SUBJECT

LOCATION

Jake Miller

Louisville, KY

Glen Cusimano

8/13/13

Cusimano v. Lounge KC, LLC

Reed Cordish, Jake Miller

Kansas City, MO

Garron Williams

7/1/13

Combs et al v. Lounge KC, LLC

Reed Cordish, Jake Miller

Kansas City, MO

Victoria Rush

11/14/14

Combs et al v. Lounge KC, LLC

Jake Miller

Kansas City, MO

Christina Martinez

12/1/14

Combs et al v. Lounge KC, LLC

Reed Cordish, Jake Miller

Kansas City, MO

Since 2008, at least 24 different patrons have sued or filed formal complaints against the Cordish
Companies for racial discrimination related claims.

PLAINTIFF NAME

DATE

ALLEGATION

LAWSUIT/ACTION

CITY

Edward Alfalan

4/17/08

Dress Code

Kentucky Commission on Human Rights

Louisville

Ryan Thomas

5/24/08

Dress Code / Harassment

Ryan Thomas v. Entertainment Concept Investors, et al

Kansas City

Jerome Porter

9/19/08

Dress Code

Proctor et al v. Entertainment Concepts Investors, LLC

Kansas City

Marcus McMiller

9/23/08

Dress Code

Proctor et al v. Entertainment Concepts Investors, LLC

Kansas City

Khianna D. Leapheart

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

Temeshia LaShawn
Black

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

Jewell Steven Ragsdale

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

Leatrice Denita Ragsdale

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

J.D. Bell III

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

Marlo D. Darrington

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

Nina Cerise Hall

8/22/09

Dress Code

Leapheart, et al., vs. The Cordish Companies, Inc.

Kansas City

Robert Jackson

8/28/09

Dress Code

Proctor et al v. Entertainment Concepts Investors, LLC

Kansas City

Jerome Porter

8/28/09

Dress Code

Proctor et al v. Entertainment Concepts Investors, LLC

Kansas City

Kirk Proctor

8/28/09

Dress Code

Proctor et al v. Entertainment Concepts Investors, LLC

Kansas City

A.R. Combs

7/11/10

Dress Code/Harassment

Combs et al v. Lounge KC, LLC

Kansas City

Adam Williams

7/11/10

Dress Code/Harassment

Combs et al v. Lounge KC, LLC

Kansas City

Sharita Cobbs

7/3/11

Harassment

Cobbs et al v. Mexas KC, LLC et al

Kansas City

Felicia Coby

7/3/11

Harassment

Cobbs et al v. Mexas KC, LLC et al

Kansas City

Tremaine Cary

3/31/13

Dress Code

Cary et al v. The Cordish Company

Louisville

Andrew Peters

3/31/13

Dress Code

Cary et al v. The Cordish Company

Louisville

Andrew Peters, Jr.

3/31/13

Dress Code

Cary et al v. The Cordish Company

Louisville

Jeremy Underwood

3/31/13

Dress Code

Cary et al v. The Cordish Company

Louisville

Lewis Underwood

3/31/13

Dress Code

Cary et al v. The Cordish Company

Louisville

Shelton McElroy

10/15/14

Dress Code/Harassment

McElroy v. Cordish Comanies Inc.

Louisville

Arthur Brown

10/29/14

Dress Code/Harassment

Human Relations Department of the City of Kansas

City

Kansas City

Founded in 1910, Cordish Companies is an international real estate and development company from Baltimore, Maryland. It is a family business: CEO David
Cordish took over the company in 1968 from his father Paul Cordish, who took
over the company from his father and company founder Louis Cordish, in 1933.
Davids sons Reed, Blake and Jonathan currently serve as Vice Presidents of the
Cordish Companies.
Reed Cordish is also CEO of Entertainment Consulting International (ECI), a
Cordish subsidiary responsible for managing Cordish Companies larger facilities,
including Fourth Street Live! in Louisville, KY and Cordishs largest US development, The Power & Light District in Kansas City, MO. Jake Miller is the ECI Executive Vice President responsible for overseeing the Kansas City and Lousivlle
venues. Miller reports directly to Reed Cordish.

POWER & LIGHT DISTRICT, FOURTH STREET LIVE!

PREMIER ENTERTAINMENT EPICENTERS
The Power & Light District is an open-air entertainment center in downtown Kansas City,
Missouri. The over a half million square feet development has more than 50 nightclubs, bars,
restaurants and stores.7,8 The project was first announced in 2003, and received public subsidies through the Kansas City Tax Increment Financing Commission, Kansas City Council and
other sources in 2004.9 The District opened in 2008.10
Fourth Street Live is an open-air entertainment center in downtown Louisville, Kentucky,
built at the site of the former Louisville Galleria. The 350,000 square feet development has
over 20 nightclubs, bars, restaurants and stores.11,12 The project opened in phases, with phase
one completed in 2004; it
has been heavily subsidized
through government funding.13 A related expansion
project called the Center
City District was first proposed in 2007, and awarded
extensive public financing,
but was later abandoned by
Cordish in 2015.14,15

In sworn testimony, former employees and managers have stated that senior executives
reportedly utilized racial slurs about African-Americans in the presence of their staff, often
making employees feel uncomfortable, and even causing them to resign. Senior executives
have reportedly seen to it that African-Americans were kept out of Cordish facilities.
Former general manager at 4th Street Live! in Louisville, David Skyrm, testified that Cordish
executive, Jake Miller, stated to him, If he ever saw this many niggers in the building again,
he would chain down the doors and burn it down with me inside.16 Skyrm cited this as the
reason he put in his two-week notice, stating he could not work for someone in a major
capacity who had those sort of views.

Christina Martinez, a former employee of the Power & Light District in Kansas City, testified
that she heard Jake Miller say into a disc jockeys microphone, Get that fucking nigger music
off here.17 She also testified that VP Reed Cordishs code words for African-Americans were
urbans and Canadians. This language was used by management to identify individuals to
be harassed and thrown out of the facilities. 18
Glen Cusimano, a former general manager and security liaison at the Power & Light District
in Kansas City, testified that Jake Miller personally overrode his management decision to
serve African-Americans, ordering him to keep them out. Cusimano stated, Jake Miller made
one of his regular visits to the District and he became even more upset by the presence of
African-Americans...he ordered me to basically remove all black males. 19
Victoria Rush, former bartender at the Mosaic club in the Power & Light District, provided
similar testimony regarding Jake Miller. When asked if Cordish EVP Jake Miller had ever
expressed his views about African Americans, Victoria Rush stated that, one particularly
busy night, Miller asked her if she thought it was getting a little dark in here, referring to
his opinion that there were too many African American patrons in lounge. 20 Rush stated that
her response to Miller was that there was a hip-hop concert nearby. 21 She responded this way
in order to deflect blame from herself and other managers, as she assumed that Miller would
reprimand them for promoting the lounge to African Americans and/or letting too many
African American patrons in the lounge. 22
Garron Williams, former employee the Power & Light District in Kansas City, also testified
that VP Reed Cordish had personally overridden security guards in the Power & Light District
when they attempted to allow African American patrons admittance into the facility. 23
8

Jake Miller continued to instruct me to use the harassment techniques to

keep out the people the Cordish Companies did not want in the District.
Over time, I came to realize that these people were largely made up of just
one group - all blacks. I learned this primarily because Jake would become
visibly upset whenever he saw African Americans in the District. He would
say to me, 'How did THEY get in here?' or 'What are THEY doing in here?'
That was supposed to be my clue to get everyone to tighten up or find a way
to get 'THEM' out.24

Glen E. Cusimano, former GM and Security Liaison

Fourth Street Live!

Cusimano testified that at the annual General Managers meeting he attended in Baltimore,
several GMs from other cities openly discussed strategies they used to discriminate against
African Americans, including the use of rabbits.27 He stated, I remember one GM bragging
that he even kept a spray can of mace in his pocket, and from time to time, when it was dark
and crowded, he would walk through the open area, and fire a shot up into the air above a
group of black males.28

Martinez testified that at a marketing meeting she attended conducted by a sales manager
from Louisville, the manager basically asked what are the code words you use for blacks, and
how do you deter blacks from coming to the Live!Block?29
She explained that in Kansas City, it was a known fact that General Manager of the district,
Jim Watry, did not want African Americans in the Live!Block....Employees of the Live!Block
worked extra-hard to screen out African Americans from the Live!Block when either Reed
Cordish or Jake Miller were in town.African Americans were considered undesired patrons,
and that concept was communicated from the very top of corporate Cordish management
down through the District.30

THE USE OF RABBITS TO ALLEGEDLY TARGET

AFRICAN AMERICANS
Cordish executives and management were allegedly responsible for creating a new
discrimination tactic - hiring an undercover, white patron who is paid by Cordish managers
to start fights with African-Americans, in order to provide a thin justification for ejecting
African-American patrons from the complex. This person was called a rabbit.
Thomas Alexitch, a former rabbit for the Power & Light District, testified regarding his role
within the complex:
Glen told me his superiors were concerned about attracting the wrong type
of crowd to Mosaic. He asked me to keep these people out of the club. I understand now that Glens superiors referred to me as a rabbit, in reference to my
Caucasian race. My job was to start altercations with certain groups of people.
By starting these altercations, I ensured that these groups of people would be
kicked out of the club. Glens superiors told him which groups to target, and he
then passed that information on to me. I would estimate that 90% of the people
that I started altercations with were African Americans. I personally observed
many non-Black groups and individuals that were much more disruptive and
dangerous-looking than the groups I was asked to start fights with.31

Martinez, who worked at the Makers Mark restaurant in the Live!Block from May 2009 to
July 2013, also confirmed her knowledge of the use of rabbits:
Martinez first heard the term rabbit one time when she and the bouncers in
the Tengo at the District were all standing around one time: she became aware
that a rabbit was a white kid who got free drinks to go around the District,
do whatever he wanted, so long as he singled out blacks and started confrontations with them...Martinez overheard Jake Miller ask Cusimano, Have you
found your rabbit yet? 32
10

Dante A.R. Combs, an African-American pharmaceutical sales representative, is currently a

plaintiff in a class-action lawsuit against Cordish companies, stemming from several visits he
made to the Power & Light complex during which he was allegedly victimized by security and
management staff. A legal complaint filed on behalf of Combs describes the use of a rabbit
against him:
Plaintiff was outside a club in the District, texting with friends who were supposed to meet him there. Plaintiff was leaning against a wall and was not in the
way of or obstructing any foot traffic. Suddenly, a caucasian male walked up
and brusquely knocked Plaintiffs cell phone out of his hands and to the ground.
The man then aggressively got in Plaintiffs face and said words to the effect of,
What are you looking at? Within a very short period, several security guards
swooped in and began herding plaintiff towards an exit. The guards repeatedly
told Plaintiff that they understood what happened to him, but that he needed
to leave. The Caucasian man who bumped into plaintiff and acted aggressively was not asked to leave. 33
In a separate incident occurring on a later date, Adam S. Williams, who was having a whisky
his friend, above complainant Dante A.R. Combs, as well as several others, also became the
alleged victim of a rabbit, along with Combs:
At one point in the evening, two female doctors known to Plaintiff Williams
joined them and chatted for a time with Williams/Combs, and/or others. After
perhaps thirty minutes, a Caucasian man walked up to Williams, and then
asked the two female doctors whether they were being bothered by Williams
and Combs. The two women replied that they were not. The [Caucasian] man
subsequently turned to Williams, and made offensive and aggressive remarks.
Williams made a patient and good-natured response, not wanting trouble. The
Caucasian man then started a scuffle, and was quickly joined by several other
Caucasian men, all of whom encircled Williams/Combs. Multiple punches were
thrown and an all-out fight ensued, during which both Williams and Combs
were struck multiple times by the aggressors. 34
The legal complaint continues to describe that security personnel acted in concert with the
rabbit, holding Williams arms while they allowed the rabbit to physically assault Williams.
While the two female doctors attempted to defend Williams and Combs, Williams was
allegedly cuffed by security, detained for 90 minutes, and aggressively interrogated regarding the purpose of his visit to the Power & Light District, before he was let go, with Combs. At
no point were the rabbits detained or questioned. 35
Cusimano, confirms that this was part of Cordish managements security strategy:
Now, while security would eject all participants in the argument, the rabbit
was allowed to walk around the corner and come in a back staircase and up to
Mosaic, where the door guard is to let him re-enter the club. Then, from Mosaic,
the rabbit could go back into The Living Room, and do it again. 36

11

ALLEGED DISCRIMINATORY DRESS CODE POLICIES

According to the consistent testimony of several employees and patrons, management used
a discriminatory dress code policy to keep African Americans out of the Power & Light District and 4th Street Live! Martinez confirmed her awareness that the dress code was used as a
proxy for racism, stating: The dress code was used to keep out blacks because it masked skin
color or ethnicity as the basis for excluding patrons desiring entry.37

One time I saw Jake Miller suddenly walk up and take a picture of a young black
man near the entrance to The Living Room. Then Miller quickly walked away.
The next thing I knew, the dress code was changed to ban what this young black
man was wearing. This led me to believe that Miller studied what blacks wore,
and then outlawed those clothing articles in the dress code.38

Garron Williams, former security, Power & Light District

Since 2011, there have been nine lawsuits and complaints claiming dress code discrimination
filed against Cordishs Kansas City and Louisville locations, with a total of 24 plaintiffs. The
majority of filings have occurred against the Cordish-run 4th Street Live! complex in Louisville and the Power and Light District in Kansas City, MO. Of the nine lawsuits and complaints, three were settled, and two are currently awaiting completion of trial proceedings. In
one case, the Kentucky Human Rights Commission ruled that Cordish Companies violated
the Kentucky Civil Rights Act due to discriminatory enforcement of dress code violations.39 In
another case, the judge threw an arrest of a patron out of court due to the Cordish Companies
being unable to prove that a dress code violation had occurred.40 However, while all charges
were dropped, the plaintiffs false arrest allegedly cost him his job.41
Below are brief descriptions of the lawsuit allegations and complaints:

Ryan Thomas vs. Entertainment Concepts Investors, LLC

May 24, 2008 Ryan Thomas is thrown out of the Kansas City Power & Light District for what is

alleged to be a non-existent dress code violation. Thomas is further alleged to have

been detained against his will by security.

March 17, 2011 Thomas files Ryan Thomas vs. Entertainment Concepts Investors, LLC in Jackson

County, MO Circuit Court.

February 11, 2013 This lawsuit is settled.

12

Proctor et al v. Entertainment Concepts Investors, LLC

September 19, 2008 Jerome Porter is ejected from The Power and Light District and allegedly told his

clothes were too baggy, after initially being allowed in.

September 23, 2008 Marcus McMiller, is denied entry into The Power and Light District after allegedly

being told that his necklace was too long. After McMiller informed the guard that
he would take the necklace to his vehicle, McMiller was allegedly told his shorts
were too long. When McMiller asked if a just-admitted Caucasian man in long
shorts was properly dressed, the guard said, yep. After further questioning, the
guard allegedly stated, they dont want blacks in there, it aint for us.

August 28, 2008 Robert Jackson, Jerome Porter, and Kirk Proctor were allegedly denied entry to

Cordishs The Power and Light District Pavilion after allegedly being told they were
in violation of the dress code and being asked for identification and aggressively
questioned.

February 22, 2011

March 13, 2012

Proctor et al v. Entertainment Concepts Investors, LLC et al is filed in federal court

by Jackson, Porter, Proctor and McMiller.
Plaintiffs and defendants in Proctor et al v. Entertainment Concepts Investors, LLC
submit joint motion to dismiss.

Leapheart, et al., vs. The Cordish Companies

August 22, 2009 The plaintiffs in this lawsuit were allegedly denied entry to a venue in the Kansas

City Power & Light District while celebrating a family reunion. While employees
cited dress code violations, the plaintiffs allegedly observed Caucasian patrons in
violation of the dress code admitted to the venue.

November 2, 2009 The plaintiffs filed a Missouri Commission on Human Rights complaint.
December 1, 2009 The Missouri Commission on Human Rights complaint issues the plaintiffs Right

to Sue letters.

May 21, 2010 Leapheart, et al. vs. The Cordish Companies, Inc., et al. is filed in federal court.
March 25, 2011 Plaintiffs and defendants submit joint motion to dismiss.

13

Combs et al v. Lounge KC, LLC.

Spring or Summer A.R. Combs was allegedly ejected from a Light & Power District venue after a rab2010 or 2011 bit allegedly knocked his cell phone onto the ground and began verbally threaten-

ing him. The rabbit was allegedly not asked to leave.

Summer 2011 Combs was not admitted to a Kansas City Power & Light District venue despite

allegedly having proper attire. While waiting to be admitted, groups of Caucasians

were allegedly allowed to enter. Although he was dressed in a professional suit,
Combs was allegedly told his suit pants were too baggy.

Cary et al v. The Cordish Company

March 31, 2013

June 23, 2014

September 18, 2014

The plaintiffs were allegedly denied entry to a Cordish venue at 4th Street Live! in
Louisville. The venue allegedly cited the groups improper attire. However, Caucasian patrons whose clothing violated the dress code were allegedly allowed entry
while the African American group waited. After asking to speak to the manager, the
plaintiffs were allegedly told the venue was closed.
Cary et al v. The Cordish Company is filed in federal court.
Cary et al v. The Cordish Company is assigned a litigation plan and discovery schedule outline. A pretrial conference is set for October 23, 2015.

McElroy v. Cordish Companies, Inc., et al

14

October 15, 2014

Shelton McElroy was allegedly kicked out of a Cordish managed establishment at

4th Street Live! in Louisville for violating the bar and restaurants dress code, even
though he was reportedly conservatively dressed and white patrons were allegedly
dancing on the bar shirtless at the same time. After management allegedly refused
to refund the cover charge for McElroy, who had entered just a few minutes earlier,
they allegedly summoned an LMPD officer to arrest him. McElroy then laid on the
sidewalk in protest, and he was arrested and charged. A judge threw out the arrest,
in part, because Cordish could not produce evidence that McElroy had, in fact, violated the dress code policy. While the charges against McElroy were dismissed, the
arrest cost him his job as a substance abuse counselor.

April, 2014

McElroy, Shelton, v. Cordish Companies, Inc., et al is filed in Jefferson Circuit Court.

Edward Elfalan
April 17, 2008 The Kentucky Commission on Human Rights rules that a venue within Cordishs

4th Street Live! Development in Louisville violated the Kentucky Civil Rights Act
for allegedly refusing to admit Edward Elfalan, an African-American patron. The
venue claimed Elfalan violated its dress code, but a police officer on duty had reported that white men dressed similarly to Elfalan were allowed to enter the club after
Elfalan was turned away.

HOW LONG HAVE WE BEEN WAITING?

Cordish management allegedly encouraged employees to routinely make African-American
customers wait in line until they gave up on entering the facility or claim they are not on the
VIP list - while letting white customers in without question. African-American customers
inside the entertainment facilities have also complained that they were simply never served.
Cusimano testified that discriminatory techniques included telling people who wanted
into the clubs, the club was overbooked or reserved for a VIP only event, or private party...Sometimes the technique was nothing more than forcing people to wait in line, as they
watched other people bypass them and go in. They would eventually get annoyed and leave,
or voice frustration to the bouncers. At that point, they would be told they had displayed
aggression, and they couldnt get in at all.42
Martinez testified that her black friends were never allowed into Mosaic; they would be told
something is wrong with their clothes, or that they werent on the VIP list, or given some
other excuse.43
In Cary et al v. The Cordish Company, African-American patrons who were denied entry into
a Cordish venue at 4th Street Live!, were reportedly told the venue was closed even after
Caucasian patrons were permitted inside.44
Arthur Brown, an African American patron who was allegedly verbally and physically assaulted by Cordish security in 2014, filed a complaint with the Human Relations Department of the
City of Kansas City stating, ...I have asked around about Power and Light...I learned from
virtually everyone I talked to, including blacks and whites, that the reputation of Power
and Light is that if you are black, you shouldnt go down there, period. You will get hassled,
you will be made to wait in line, they wont serve you, you will keep on waiting, and bad
things can happen.45
As former employees and patrons have testified, simply ignoring African-Americans was allegedly an active institutional technique used to discourage patrons from coming to
Cordish entertainment complexes.

15

IM SORRY, WERE OVERBOOKED

Cordish managers allegedly mandated that reservations desk employees routinely discriminate against patrons over the phone if they sounded black, by telling them that the restaurant had no reservations available on requested nights. If African-American patrons were
able to get a reservation, the host was allegedly encouraged to tell patrons that they had
made an error by overbooking, and that there were no tables available.
Glen Cusimano testified that staff was allegedly encouraged by management to do the following:
I also learned that some General Managers of other clubs were telling their
hostesses or sales managers to handle calls for reservations in the following
manner: If they could tell that the caller had an African-American dialect,
tell the caller that all reservations were taken for the night. If the caller didnt
sound black, go ahead and make the reservation. Then, if someone showed
up for the reservation who was black, tell them that apparently a mistake had
been made, because we had no reservation in their name, and we were entirely
booked.46
Testimony from Cristina Martinez reaffirmed this allegation:
If a persons name sounded African American, like Shaniqua Jones, the Private Dining Coordinators at Makers Mark Restaurant (in the Live!Block) were
supposed to screen them out and not give them tables during promotions, when
tables were freely given to all whites who submitted their names.47

URBAN, CANADIAN, AND TROUBLEMAKERS

Senior executives and management, including VP Reed Cordish, reportedly encouraged the
use of code words and veiled language to identify African-American patrons within the
facilities to be pushed out or violently removed.
Martinez testified that at a marketing meeting she attended, a sales manager from Louisville
asked what are the code words you use for blacks? and how do you deter blacks from
coming into the Live! Block?48 She went on to testify that VP Reed Cordishs code words for
blacks was urbans and Canadians.49
Cusimano testified that Senior Executive Jake Miller wanted to keep trouble makers out of
Cordish venues, only to eventually find out that these people were largely made up of just
one group - all blacks.50

16

ALLEGED DIRECT USE OF INSTIGATION TECHNIQUES

Bouncers at Cordish entertainment venues were allegedly encouraged to excessively question
African-American patrons, in order to instigate individuals to become angry at being unfairly
treated. They then called security to eject patrons, for demonstrating immoderate behavior.
Cusimano explained, Another technique involved bouncers or guards excessively questioning perceived trouble makers, while allowing other patrons to enter clubs without question.
When the targeted trouble maker would finally display annoyance at the unfair treatment,
the guards would accuse them of displaying aggression, and call security to have the patron
ejected.51

A CLICKER FOR AFRICAN-AMERICANS

According to one employees testimony, bouncers were asked to maintain two clickers at the
door of Cordish night clubs, one for the general head count, and one for African-Americans.52
When the nights limit of African-Americans was reached, black patrons would be refused
entry.53

NO HIP-HOP ALLOWED
Senior management allegedly ordered employees to stop playing certain types of music so as
to not attract African American patrons.
Christina Martinez testified that she heard Jake Miller say into a disc jockeys microphone,
Get that fucking nigger music off here.54
Victoria Rush, another Kansas City employee, testified that when Miller was in town, the staff
at the Mosaic club would intentionally play less hip hop music and would be mindful of the
amount of African Americans they were allowing in the club.55 She explained that among
everybody on staff, it wasnt a secret that Miller didnt want African Americans in the club.56
Cusimano reaffirmed this testimony, stating ...I was told [by senior management] to fire
my promoter and sales manager, because the Club was changing direction. The DJ was
ordered to only play Electronic Dance Music from then on, which is a style of music that
blacks do not traditionally like.57
On July 6, 2009, DJ Jazzy Jeff abruptly ended his set at the Power & Light Districts KC Live!
Pavilion and left the stage in anger because he was not allowed to play hip-hop and said he
was told it attracted the wrong kind of element.58

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TOW THE COMPANY LINE, OR YOURE FIRED

In his testimony, Cusimano discussed his internal conflict, as well as the difficulties and pressures he faced, in enacting policies he believed were fundamentally discriminatory.59 However,
Cusimano directly acknowledged his belief that his job would be threatened if he attempted
to oppose the policies, and alluded to the fact that other managers throughout the complex
may have felt similarly.
...Jake Miller made one of his regular visits to the district, and he became even
more upset by the presence of African Americans, especially the males, in
Mosaic, and throughout the District. He ordered me to basically remove all
black males, using the rabbit, and any and all other techniques. I can only
assume he increased the pressure on all the other GMs at the Club in the Living
Room too. And, as the summer progressed, Miller increased the pressure on
me to keep blacks out, telling me that if I couldnt do it, he would find
someone who could.60
After allegedly being ordered again to remove all black males by Jake Miller, Cusimano
stated I abruptly turned my back on him and walked away, in a manner to indicate I would
no longer carry out racist policies.61 Shortly thereafter, Cusimano was attacked by venue
patrons and was injured. Cordish management then allegedly accused Cusimano of attacking
patrons, had him handcuffed by security, and gave him a ticket for non-aggravated assault.62
Days later, Cusimano was terminated and allegedly pressured by Cordish executive Jake
Miller to sign a Non-Disclosure Agreement, covering the entire scope of his employment.
Cusimano alleges he was told he would be charged with and prosecuted for theft if he did
not sign the agreement.63 After Cusimano hired legal counsel for his wrongful termination, he
was allegedly offered a lump sum of money and a higher salary as a consultant, in exchange
for signing a Confidentiality Agreement. Cusimano stated his belief that Cordish executives
were afraid he would spill the beans, and that he had known them to offer such deals in the
past, if employees demonstrated any signs of publicizing their illegal conduct.64

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There have been many reported acts of aggression and violence towards African-American
patrons by Cordish staff.
In a complaint filed with the Human Relations Department of Kansas city, Arthur Brown
reported that he was in the Kansas City Power & Light district watching the final game of the
World Series when he was harassed by security guards. He alleges that while in the venue,
bartenders and bouncers asked him to leave, using several racial epithets throughout this process.65 Brown further alleges that he was harassed by security guards, detained against his
will, and that the guards attempted to intimidate him into signing a false statement where
he would have incriminated himself.66 When he refused to sign the document, he was further
detained against his will but the security guards eventually relented and released Brown.67
Brown filed a formal complaint with the Human Relations Department of the City of Kansas
City alleging Cordish management violated his civil rights.68
In Cobbs et al v. Mexas KC, LLC, the plaintiffs, two African-American women, were allegedly
told fuck you, nigger and called black bitches by a Cordish staff member at a venue within
the Power & Light District, and had ice thrown at them by him:

Cordish employee tells plaintiff Fuck you, Nigger, then says, Fuck you, bitches.
As one plaintiff turned to leave, the Cordish employee, reached into the ice bin
with his right hand, grabbed a handful of ice and threw it, striking Plaintiff
Colby in the back and Plaintiff Cobbs on the arm. After asking the Cordish
employee why he threw ice at them, the employee called the plaintiffs black
bitches, and made an aggressive move to come over the bar towards plaintiffs.69

In the previously mentioned Combs case, the plaintiffs, two African American men, were
allegedly physically attacked by rabbits while Cordish security personnel held down the
arms of one of the plaintiffs.70 After being struck several times, the two men were then
allegedly cuffed by Cordish security, detained for 90 minutes, aggressively interrogated,
and finally released.71
Also as mentioned above, Glen Cusimano testified that a former General Manager bragged
that he kept a spray can of mace in his pocket, and on crowded, dark nights he would spray it
into the air above groups of African-American males.72
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1. Deposition by David Skyrm; Whitlock et. al. vs FSL Management, LLC, et al., p. 5, (2011).
2. Declaration by Attorney Linda Dickens Regarding Former Employee Christina Martinez; Combs et al. v. The Cordish Companies
Inc. et al., p. 2, (2014).
3. Declaration by Former GM and Security Liaison, Glen E. Cusimano; Combs et al v. Lounge KC, LLC., et al., p. 6, (2014).
4. Apuzzo, Matt. Justice Dept., Criticizing Philadelphia Police Force, Finds Shootings by Officers are Common. New York Times.
23 Mar. 2015.
5. Carlin, Sean. Board to monitor changes after Philadelphia police shootings. Washington Post. March 25, 2015.
6. Declaration, Cusimano; Combs et al., p. 6.
7. About Kansas Power and Light District. Retrieved from http://www.powerandlightdistrict.com/index.cfm?page=about
8. About Kansas Power and Light District. Retrieved from http://www.powerandlightdistrict.com/index.cfm?page=about
9. Collison, Kevin. Details of South Loop project quietly hammered out. Kansas City Star. 29 June, 2004.
10. The Kansas City Power and Light District: Honored in Three Capstone Award Categories.
Kansas City Business Journal. Apr., 2009.
http://www.powerandlightdistrict.com/uploads/news/KC_bizJrnl_04_09.pdf
11. http://www.malls.com/us/malls/fourth-street-live.html
12. About 4th Street Live! Retrieved from http://www.4thstlive.com/dine-drink-play.
13. Karman, John R. Economic impact study shows state, local impact of Fourth Street Live. Louisville Business First. 11 Oct.
2012. Retrieved from http://www.bizjournals.com/louisville/news/2012/10/11/economic-impact-study -shows -state.htm
l?page=all
14. http://www.bizjournals.com/louisville/stories/2007/08/27/story2.html?page=all
15. Mann, David A. What the city paid to get Cordish of the Omni deal. Louisville Business First. 6 Jan. 2015. Retrieved from
http://www.bizjournals.com/louisville/news/2015/01/06/what-the-city-paid-to-get-cordish-out-of-the-omni.html?page=all
16. Deposition; Whitlock, p. 5.
17. Declaration, Martinez; Combs, et al., p. 2.
18. Declaration, Martinez; Combs, et al., p. 2.
19. Declaration, Cusimano; Combs et al., p. 4.
20. Deposition of Victoria R. Rush; Glen Cusimano vs Lounge KC, LLC d/b/a Mosaic Lounge et al., p. 19, (2014).
21. Deposition, Rush; Glen Cusimano vs. Lounge KC, p. 19.
22. Deposition, Rush; Glen Cusimano vs. Lounge KC, p. 19.
23. Declaration by Garron Williams; Combs, et. al. vs. The Cordish Companies Inc., et al., p. 3, (2014).
24. Declaration, Cusimano; Combs et al., p. 3.
25. Declaration, Cusimano; Combs et al., p. 6.
26. Declaration, Cusimano; Combs et al., p. 6.
27. Declaration, Cusimano; Combs et al., p. 4.
28. Declaration, Cusimano; Combs et al., p. 4.
29. Declaration, Martinez; Combs et al., p. 2.
30. Declaration, Martinez; Combs et al., p. 2.
31. Affidavit of Thomas Alexitch, Combs et al. v. Lounge KC, LLC., et al., p. 3, (2014).
32. Declaration, Martinez; Combs et al., p. 2-3.
33. Complaint, Combs et al. v. Lounge KC, LLC., p. 10, (2014).
34. Complaint, Combs et al., p. 12..
35. Complaint, Combs et al., p. 13..
36. Declaration, Cusimano; Combs et al., p. 3.
37. Declaration, Martinez; Combs et al., p. 2.
38. Declaration, Williams, Combs, et al., p. 2.

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39. Sonka, Joe. Class-action lawsuit alleges discrimination at Fourth Street Live. Insider Louisville. April 27. 2015. http://insider
louisville.com/business/class-action-lawsuit-filed-cordish-discrimination-fourth-street-live/
40. Sonka, Joe. Class-action lawsuit alleges discrimination at Fourth Street Live. Insider Louisville. April 27. 2015. http://insider
louisville.com/business/class-action-lawsuit-filed-cordish-discrimination-fourth-street-live/
41. Sonka, Joe. Class-action lawsuit alleges discrimination at Fourth Street Live. Insider Louisville. April 27. 2015. http://insiderlou
isville.com/business/class-action-lawsuit-filed-cordish-discrimination-fourth-street-live/
42. Declaration, Cusimano; Combs et al., p. 2.
43. Declaration, Martinez; Combs et al., p. 3.
44. Cary et al v. The Cordish Company, p. 12-13, (2014).
45. Public Accommodation Discrimination Complaint by Arthur Brown, p. 6-8, (2015).
46. Declaration, Cusimano; Combs et al., p. 2.
47. Declaration, Martinez; Combs et al., p. 2.
48. Declaration, Martinez; Combs et al., p. 2.
49. Declaration, Martinez; Combs et al., p. 2.
50. Declaration, Cusimano; Combs et al., p. 2-3
51. Declaration, Cusimano; Combs et al., p. 2.
52. Declaration, Martinez; Combs et al., p. 3.
53. Declaration, Martinez; Combs et al., p. 3.
54. Declaration, Martinez; Combs et al., p. 2.
55. Declaration, Rush; Glen Cusimano et al., p. 20.
56. Declaration, Rush; Glen Cusimano et al., p. 20.
57. Declaration, Cusimano; Combs et al., p. 5.
58. Ellis, Sheila. DJ Jazzy Jeff abruptly stops Kansas City show. USA Today. 9 June, 2009.
Retrieved from: http://usatoday30.usatoday.com/life/music/news/2009-06-09-jazzy-jeff _N.htm
59. Declaration, Cusimano; Combs et al., p. 5.
60. Declaration, Cusimano; Combs et al., p. 4 -5
61. Declaration, Cusimano; Combs et al., p. 5.
62. Declaration, Cusimano; Combs et al., p. 5.
63. Declaration, Cusimano; Combs et al., p. 5.
64. Declaration, Cusimano; Combs et al., p. 6.
65. Complaint, Brown, p. 6-8.
66. Complaint, Brown, p. 6-8.
67. Complaint, Brown, p. 6-8.
68. Complaint, Brown, p. 6-8.
69. Cobbs et al v. Mexas KC, LLC et al., p. 5-6, (2014).
70. Complaint; Combs et al., p. 12.
71. Complaint; Combs et al., p. 13..
72. Declaration, Cusimano; Combs et al., p. 4.
73. Collison, Kevin. Cordish, Sprint Center oppose light rail on Grand Boulevard. Kansas City Star. 28 August, 2008.
Retrieved from: http://article.wn.com/view/2008/08/28/Cordish_Sprint_Center_oppose_light_rail_on_Grand_Boulevard/
74. Declaration, Cusimano; Combs et al., p. 7.

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