I represent Mr. Sawyer and I strongly encourage you to follow up with him ASAP. We are prepared to file a complaint in federal court in the coming days if we don't hear back from you.
Subject: Pre-Complaint Notice - Denial of Service, Defamation, and Complicity in Civil Rights Violations
Dear April Price (Bearclaw)//Sharlene's Bar Owner
I am writing regarding a serious incident that occurred at your establishment on January 15th, 2025, and March 5th, 2025, during which I was denied service, defamed by your staff, and subjected to discriminatory treatment that resulted in emotional, physical, reputational, and financial harm. In addition, the involvement of the New York City Police Department (NYPD) in this incident has been found to include unlawful and unconstitutional conduct, which is currently the subject of pending legal action and a formal civil rights complaint.
While I am pursuing legal remedies against the NYPD through appropriate channels, I am extending an opportunity for your business to resolve your portion of this matter amicably and without litigation, provided you respond in good faith within ten (10) business days.
Summary of Harm and Incident
I was denied service under circumstances strongly indicating discrimination.
False and defamatory statements were made about me by your staff to others, including NYPD personnel, which contributed directly to my wrongful detainment and public humiliation.
I sustained physical injuries during or because of the incident;
I have experienced documented emotional distress and trauma, supported by a medical evaluation;
My personal property was damaged during the incident.
I suffered a loss of income and opportunities for 5 weeks as a result of injuries, reputational harm caused by your staff's actions, and the false narrative conveyed to law enforcement.
The conduct of your employees--alongside the discriminatory and excessive actions of the NYPD--has triggered a constitutional and statutory crisis, and you should be aware of your legal exposure for your role in what transpired.
Applicable Legal Authority
You and your establishment are bound by the following:
Title II of the Civil Rights Act of 1964 (42 U.S.C. §2000a) - prohibits discrimination in public accommodations based on race, color, religion, or national origin;
New York State Human Rights Law (Executive Law §296(2)(a)) - protects against discrimination in public accommodations based on additional protected classes;
New York City Human Rights Law (Administrative Code §8-107(4)) - prohibits both direct and indirect denial of services;
New York common law on defamation, which includes both slander per se and false accusations resulting in reputational or financial harm;
Fourth and Fourteenth Amendments to the U.S. Constitution, as incorporated through pending legal action involving the NYPD's role in unlawful seizure, detention, and denial of equal protection.
Relevant Case Law
The following precedents underscore the seriousness of this situation:
Seidenberg v. McSorley's Old Ale House, 317 F. Supp. 593 (S.D.N.Y. 1970) - Establishment ordered to serve all patrons after court found discriminatory exclusion violated constitutional protections.
Chesson v. Blind Faith W‑C, Inc., NYS DHR Final Order (2021) - Business found liable for racially motivated denial of service.
Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964) - Supreme Court upheld prohibition of racial discrimination in public accommodations.
Monell v. Department of Social Services, 436 U.S. 658 (1978) - Public institutions (like the NYPD) can be held liable for unconstitutional conduct based on policies or practices, especially when private actors contribute to the violation.
Proposed Resolution
Before proceeding with additional litigation or administrative complaints, I am requesting that your business take the following steps within ten (10) business days:
I want to be readmitted to Sharlene's bar, and I'm willing to put this in the past with no intent to pursue litigation.
A reasonable financial settlement offer addressing:
Out-of-pocket medical or therapy costs;
Damaged personal property;
Lost income or work opportunities;
Emotional and reputational harm.
Legal Action if Unresolved
If you fail to respond in good faith by the deadline, I will proceed with formal filings against your business, including:
A complaint to the New York City Commission on Human Rights (CCHR);
A complaint to the New York State Division of Human Rights (DHR);
A civil lawsuit naming your business as a co-defendant in a broader Section 1983 civil rights claim related to the NYPD's unlawful actions, to be filed in state or federal court.
I strongly recommend you take this opportunity to demonstrate accountability and avoid further legal exposure. I remain open to resolving this through professional dialogue, but I will not delay action to protect my rights. read more
