Mistrial Declared in Racial Bias Suit
A mistrial was declared Friday in most of the racial discrimination lawsuit against Lola’s Restaurant, a popular West Hollywood hangout accused of refusing entry to some African Americans.
After a 3 1/2-week civil trial in a downtown Los Angeles courtroom, jurors deliberated for 12 days but failed to reach a verdict on 70 of the 72 allegations. In two instances, they cleared Lola’s employees of wrongdoing.
The lawsuit alleged that between August 1999 and January 2000, Lola’s employees told two dozen African Americans that they lacked reservations or were inappropriately dressed. The suit charged that those reasons were pretexts for a racially discriminatory policy to keep blacks out of the Fairfax Avenue business.
Superior Court Judge J. Stephen Czuleger polled jurors by a show of hands Friday and found deadlocks on most of the lawsuit against the restaurant, its owner and three employees. The jury cleared one employee of refusing to allow a black woman to hold a birthday party at the restaurant and another employee of battery against a potential customer.
“As to the remaining facts, the court declares a mistrial,” Czuleger said.
Afterward, lawyers for both sides expressed confidence about winning the expected retrial.
“My belief is that the jury’s intent was not to find any misconduct,” said Dale B. Goldfarb, the attorney for Lola’s and its owner, Loren Dunsworth.
The plaintiffs’ attorney, Carl E. Douglas, said: “We will prevail.”
Plaintiff Nedra Jenkins alleged that Lola’s employees rejected her plans for a 30th birthday party at the establishment after learning that she was black.
“Doing the right thing doesn’t always guarantee that the right result will happen, but you still have to do the right thing,” Jenkins said after the verdict.
Dunsworth, claiming vindication, said that the club’s dress code might have kept people out, but that there was no discrimination.
“I’m in the middle of West Hollywood. Do you think we would be this popular if we discriminated against anyone?” she said. “I could fill a courtroom with white people who didn’t get into Lola’s.”
Jury members complained Friday about contradictory instructions, vote-changing and general confusion. “I’m upset. Upset that people were changing their votes at the last minute,” said foreman Brian Carino after the jury was dismissed.
At one point, all seven men and five women were sent back to the jury room to retrieve their verdict sheets; at another, a visibly frustrated juror threw his sheet to the floor.
