Filed Date: Oct. 6, 2005
Closed Date: 2007
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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.
Summary Authors
Dan Dalton (11/8/2007)
Melchor v. The Village/Town of Mount Kisco, Southern District of New York (1997)
Stern v. Resnick, Southern District of New York (1999)
Robinson, Stephen C. (New York)
Svetkey, Jonathon (New York)
Ghartey, Mbiabah Lisa (New York)
Spitzer, Eliot (New York)
Robinson, Stephen C. (New York)
Last updated March 24, 2024, 3:07 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Oct. 6, 2005
Closing Date: 2007
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Owner of restaurant that catered to predominately Latino clientele.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
The Mount Kisco Police Department, City
The Town of Mount Kisco (Mount Kisco), City
State of New York Division of Alcoholic Beverage Control, State
Case Details
Causes of Action:
Constitutional Clause(s):
Federalism (including 10th Amendment)
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Discrimination-basis:
National origin discrimination
Immigration/Border: