On October 6, 2005, Angela Stern, a restaurant owner in the Village of Mount Kisco, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging conduct of the Mount Kisco police and New York state liquor control officials. This case ...
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On October 6, 2005, Angela Stern, a restaurant owner in the Village of Mount Kisco, filed a lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York, challenging conduct of the Mount Kisco police and New York state liquor control officials. This case was one of several lawsuits filed against the Village/Town of Mount Kisco, alleging selective enforcement of local laws in an effort to drive Hispanic immigrants out of town. See IM-NY-38, IM-NY-39. This was the second case that Stern filed over alleged harassment caused or instigated by Mount Kisco officials. (See IM-NY-40)
Plaintiff Stern owned two restaurants in Mount Kisco, Au Fun Chinese Restaurant and Café La China. Each restaurant served Spanish type dishes as to cater to the largely Hispanic population of Mount Kisco. In 1999, Stern initiated litigation when her landlord refused to renew the lease of the Au Fun Chinese Restaurant and tried to evict her. Stern alleged that the eviction proceedings were pursued at the urging of Mount Kisco officials, as part of their anti-immigrant campaign. [See Stern v. Resnick, IM-NY-40] That case settled and Stern continued to operate Au Fun Chinese Restaurant.
In 2001, Stern opened a second restaurant in Mount Kisco, the Café La China, which had a predominately Hispanic clientele. Stern's second lawsuit alleged that Mount Kisco police engaged in a pattern of selective and discriminatory law enforcement which targeted Café La China. She alleged that police stopped, detained, questioned and harassed her customers, initiated various liquor control complaints and opened unfounded criminal investigations in violation of her constitutional rights.
Our information on case proceedings is limited, but it appears that the case was settled by the parties, as a stipulation for voluntary dismissal was filed on March 29, 2007.Dan Dalton - 11/08/2007