City Settles Lawsuit Alleging Racism

Allegations that Hermosa Beach police officers harassed owners of a nightclub restaurant because it attracted black patrons resulted in a $1.1-million settlement by the city and prompted the police chief to call for all officers to audio record their encounters.

The case centered on Point 705. The club’s owners alleged in a federal lawsuit that police officers manhandled and intimidated people at the restaurant and club. The suit also alleged that officers regularly directed racial slurs at the Korean American owners and angrily challenged them for bringing in African American patrons into the city.

“We don’t like people like you in my town,” one officer allegedly told the son of one of the owners. “I am going to do everything to shut you down.”

The city earlier this month agreed to the settlement but did not admit wrongdoing on the part of the officers, who remain on the force. The deal was brokered by its insurance carrier.

“These are good officers, and I’ve never seen them act with any malicious intent toward any race.” said Corey Glave, attorney for the Hermosa Beach Police Officers Assn. “Based on an investigation, there is no cause for disciplinary action against the officers.”

In a statement, the attorney representing Hermosa Beach called the settlement, which will be paid by the city’s insurance provider, a “business decision,” adding that “the actual and projected future cost of this complex litigation justified settlement at this time.”

But several law enforcement experts questioned that contention, saying government agencies -- especially a small city like Hermosa Beach -- would be unlikely to agree to such a large sum for purely business reasons.

“The amount itself belies the notion that this was a nuisance value settlement,” said Merrick Bobb, who monitors the Sheriff’s Department for the Los Angeles County supervisors. “It may be a business decision in that it may be reflective of a fear that if the case is tried on its merits, the potential damages ... will far exceed $1.1 million.”

Added Bradley Gage, an attorney with 24 years of experience representing police officers: “I think settlements in excess of $1 million speak for themselves, don’t they?”

The episode has renewed talks about making audio recording by police officers mandatory as a deterrent against misconduct, but also to protect officers. Several years ago, the Hermosa Beach Police Department tried to do this, but ran into opposition from the officers union, city officials said. Recording became voluntary.

“If you have a statement that is recorded, then you can refer to the statement, and it would help you see the true character” of what happened, Police Chief Michael Lavin said.

The incidents that led to allegations against the officers and the department spanned several months.

It began in September 2003, according to court records, when two police officers, Kevin Averill and Chris Alkadis, showed up at the Point 705 restaurant to investigate a report of water pooling outside.

Averill allegedly told co-owner Cecil Roberts Jr. he did not like people like him in Hermosa Beach, court papers said. Roberts’ father, also named Cecil, is white, but his mother, Grace, is Korean American,

Cecil Roberts Jr. was ticketed for an alleged “illegal discharge of waste.” About an hour later he was arrested for allegedly falsely identifying himself as owner of the restaurant.

As he sat in the back of the squad car, according to the suit, Cecil Roberts Jr. had a seizure and blacked out, causing him to bite his tongue. Police allegedly told his father he could not check on his slumped-over son.

Averill allegedly poked Cecil Roberts Jr.’s chest to wake him up.

A month later, the charges were dropped.

But in the meantime, according to the suit, the city Fire Department inspected the club and tallied a long list of violations, including faulty sprinkler systems and extinguishers.

Attorneys for the city stated in their motions that police were merely increasing enforcement of overcrowded conditions and other public safety issues in the wake of deadly nightclub fires in Chicago and Rhode Island.

“While other club owners paid the resulting safety fines, and adjusted their business practices with minimal discernible objection, the club Point 705 plaintiffs chose a different course of conduct,” they wrote. “Plaintiffs began claiming that they were being unfairly targeted ... solely ‘because they are Korean American.’ ”

But the plaintiffs said that in late October 2003, a promoter held a function that brought African American customers to the venue.

According to the lawsuit, Averill showed up again and said he could smell marijuana coming from the club.

The officer allegedly told Grace Roberts he was “going to shut this place down” and, referring to the black customers, said, “I don’t like these people. Get rid of them.... Get rid of these troubles.”

About two days later, the club owners met with Lavin, Capt. Thomas Eckert and Lt. Lance Jaakola to complain, the court records said.

According to the lawsuit, Eckert “repeatedly assured plaintiffs that there was ‘no conspiracy’ involved, and that the behavior of the subordinates was a ‘product of their experience’ with other club owners who played ‘shell games.’ ”

Lavin vowed to investigate the incidents and “guaranteed that such incidents would not occur in the future,” the suit said.

But the club operators said the “harassment, discriminatory practices, abuse and retaliation intensified.”

In late December 2003, a birthday party again brought a large number of African American patrons to Point 705.

“At approximately 10 p.m., seven ... officers came to the restaurant asking to walk through because they ‘heard Point 705 has really good music,’ ” the lawsuit said. “The officers parked their vehicles in the middle of the street directly outside of the front of the club with their siren lights on.”

Later that night, a fight reportedly broke out in the restaurant and a manager called the Hermosa Beach Police Department. According to the complaint, the police “intentionally delayed their response” even though the station is “directly across the street from the restaurant.”

When Cecil Roberts Jr., tried to direct Officer Landin Phillips to the people involved in the fight, Phillips allegedly yelled at Roberts Jr., and then struck him “with his baton knocking the wind out of him and causing him to fall backwards,” according to the court papers.

When Roberts Jr., asked another officer why Phillips treated him that way, the officer allegedly told him: “That it was his fault because he brought African American people to Hermosa Beach.”

After another fight broke out in the club, officers allegedly threw a young African American woman to the ground, beat and arrested her.

When Grace Roberts told the officers to stop, according to the suit, Alkadis approached her and allegedly told her that she “knows that the problem is ... you bring these people to our town.”

Point 705 shut down last year, and the property was sold in November 2004 to the owners of what is now Club Saffire on Pier Avenue.

None of the officers named in the most egregious allegations recorded their confrontations, Lavin said. The chief said this showed the need for such recordings.

It is uncertain if such a policy would ever be adopted given the opposition from the union.

“Not all contact with a police officer can be legally recorded,” said the union’s attorney, Glave.

Also, if an officer failed to activate the recorder because of an emergency, he could be disciplined or accused of “hiding something,” he said.

Lead plaintiff attorney Reginald Roberts Jr. of Ivie, McNeill & Wyatt said it was important to recognize the majority of police officers who carry out their job as they should.

“It is equally important for us to maintain a civil system of checks and balances to protect the rights of citizens,” he said, “and to hold accountable those who do not uphold their oath.”