Free Response in Opposition to Motion - District Court of Arizona - Arizona

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Case 2:02-cv-02639-SRB Document 161-3 Filed 11/16/2005 Page1 of 3

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°’•”°uR’·“°H' “°'*"¤“ PHOENIX (NNPA) — Nicholas Alozie, a “Y",··· y Qjf§,§*w , S` if Q ( l
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BPICIAL FEATURES forced to close his African—ai’tifacts $7* ·"·/'I a j ei. I { rsi, gig ,_j2 I z· Wi
store in Arizona Mills won $100,000 in Q j= ii gy; *""‘··“ ·~ ‘_A
**°”¤ °'**¤R°*"*’ punitive damages in a lawsuit filed in ii I Q.; ii—r . ° ‘‘` , l ._ ` 1 ~ ~ »
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An all-white jury recently sided with Alozie in his discrimination suit against Arizona Mills and its corporate
ADVURYWNG owner, Mills Corp, but failed to agree with his second claim - that he was forced to close the store. Jurors di
not award him for lost income or emotional distress.
liménw 8 mu "It was racism all the way," Alozie said ofthe malls behavior toward him. There was no award for damages
A E my civil rights. The jury agreed that I was discriminated against, but allowed them (Mills Corp.) to get off eas
my not awarding compensatory damages for my lost revenue and emotional distress.”
Jug; Alozie heads the social and behavioral studies department at Arizona State University's Polytechnic campu
He believes the lack of Blacks and other minorities on the jury explains the results.
JULY
"This explains how a Black man can win a lawsuit of this level and not be made whole by getting enough mi
AUGUST to recover what was taken from him through discrimination," said Alozie. He is also concerned about the
SEPTEMBER message the case sends to other corporations. "The award is less than the monthly rent for one large anchr
store at one of their malls," claimed Alozie. "What type of message does this send to a multi-million dollar
OOTOBER corporation?"
AIozie's attorney, Sabinus Megwa, agrees. "lt's very weird, usuallyally, if someone is discriminated, there's
damages to his civil rights, so I'm surprised there was not an award," he said.
In a statement, the Mills Corp said, "We are pleased that the jury recognized that the plaintiff was not entitle
any recovery on his claims. We believe, however, that neither the nominal award (of $1) nor the punitive
damages that were assessed against the defendants are supported by the evidence?
Alozie said that it is time for Arizona Mills and the Mills Corp. to apologize to the community for their
discriminatory behavior. "They wanted to close my store because it attracted what they believed were the w
type of people?
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The Washington Informer: National Page 2 of 2
Alozie opened the store in July 1999 under a temporary lease. At the end of 2000, he says, the mall
management told him there was no temporary space for his store but that he could stay if he signed a
permanent lease.
His store closed while he waited for a space under a permanent lease. Meanwhile, a competing non-minoril
business, Painted With Oil, was able to keep a temporary lease, as was Tommy Hilfiger, Alozie said.
Alozie did manage to reopen with a temporary lease in June 2001, which lasted until September that year,
when a permanent space was found. His rent tripled to more than $16,000. He stayed there until he was
harassed for failure to pay rent, he said, and he engaged in a dispute over whether he had paid on time.
"The bank’s records showed that they already had deposited my rent check even though they were claiming
that I was late," said Alozie.
His store generated more than $500,000 in sales in 2000, including $100,000 in December, he said. He ma
$41,000 in January 2001, but monthly sales never hit that mark again, he said. He attributed the downturn t
being closed for five months in 2001.
When the Arizona Informant first covered the story in 2002, mall management and the Mills Corp. refused ti
comment on the case or mall policy. Now, they claim to have a zero—toIerance policy for discrimination of ar
kind, and adhere to state and federal guidelines.
However, the mall, which has about 175 stores, has not had any other Black-owned stores and lists very fel
diverse store offerings.
Megwa says the number of minority owners is likely very low. "We‘re hoping this (case) will be a clear mess
to them that they can’t do business as usuaI,“ Megwa said.
Ron Busby, chairman of the Greater Phoenix Black Chamber of Commerce, said the court win is a victory fi
Black·owned businesses that have long complained that landlords change leases or opt not to renew when
business attracts a "certain crowd."
He said the case as set an important precedent.
Alozie plans to open another shop, although he does not where or when. "lt may not be Africana, let it be
another Black-owned business."
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Case 2:02-cv-02639-SRB

Document 161-3

Filed 11/16/2005

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Case 2:02-cv-02639-SRB

Document 161-3

Filed 11/16/2005

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Case 2:02-cv-02639-SRB

Document 161-3

Filed 11/16/2005

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