Cordish Unwelcome Report
Cordish Unwelcome Report
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:
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.
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
ALLEGATION SUBJECT
LOCATION
Jake Miller
Louisville, KY
Glen Cusimano
8/13/13
Kansas City, MO
Garron Williams
7/1/13
Kansas City, MO
Victoria Rush
11/14/14
Jake Miller
Kansas City, MO
Christina Martinez
12/1/14
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
Louisville
Ryan Thomas
5/24/08
Kansas City
Jerome Porter
9/19/08
Dress Code
Kansas City
Marcus McMiller
9/23/08
Dress Code
Kansas City
Khianna D. Leapheart
8/22/09
Dress Code
Kansas City
Temeshia LaShawn
Black
8/22/09
Dress Code
Kansas City
8/22/09
Dress Code
Kansas City
8/22/09
Dress Code
Kansas City
8/22/09
Dress Code
Kansas City
Marlo D. Darrington
8/22/09
Dress Code
Kansas City
8/22/09
Dress Code
Kansas City
Robert Jackson
8/28/09
Dress Code
Kansas City
Jerome Porter
8/28/09
Dress Code
Kansas City
Kirk Proctor
8/28/09
Dress Code
Kansas City
A.R. Combs
7/11/10
Dress Code/Harassment
Kansas City
Adam Williams
7/11/10
Dress Code/Harassment
Kansas City
Sharita Cobbs
7/3/11
Harassment
Kansas City
Felicia Coby
7/3/11
Harassment
Kansas City
Tremaine Cary
3/31/13
Dress Code
Louisville
Andrew Peters
3/31/13
Dress Code
Louisville
3/31/13
Dress Code
Louisville
Jeremy Underwood
3/31/13
Dress Code
Louisville
Lewis Underwood
3/31/13
Dress Code
Louisville
Shelton McElroy
10/15/14
Dress Code/Harassment
Louisville
Arthur Brown
10/29/14
Dress Code/Harassment
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.
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
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
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
11
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
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:
March 17, 2011 Thomas files Ryan Thomas vs. Entertainment Concepts Investors, LLC in Jackson
12
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.
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
Summer 2011 Combs was not admitted to a Kansas City Power & Light District venue despite
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.
14
April, 2014
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.
15
16
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
17
18
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
19
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
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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
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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
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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.
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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.
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74. Declaration, Cusimano; Combs et al., p. 7.
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