Federal lawsuit filed against Varsity Tavern in Fort Worth alleges racial discrimination
A federal lawsuit was filed Wednesday against popular Fort Worth bar Varsity Tavern alleging the bar violated the law by refusing to serve a black man.
Stephen Acheampong of Philadelphia filed the suit after he says he was twice turned away in March 2018 for alleged dress code violations while non-black patrons were admitted wearing the same clothing.
The complaint filed in a Fort Worth federal court also alleges that Varsity Tavern, 1005 Norwood St., has often denied people entry because of their race.
Officials with Varsity Tavern could not be reached for comment.
“Being kept out of Varsity Tavern because of my race was embarrassing and made me feel defeated,” Acheampong said in a Thursday news release. “I didn’t feel like I had the same right to enjoy the bar as everyone else did.”
Acheampong, who was a student in a pre-medical school, was visiting Fort Worth on spring break in March 2018 when he was turned away twice, according to the suit. He was told he couldn’t enter the bar because he was wearing Air Jordans, he said.
Acheampong and a white friend later switched shoes, so the white friend was wearing the Jordans. They returned and the white friend wearing Jordans was allowed inside, and Acheampong, who was now wearing boat shoes, also was allowed inside, according to the lawsuit.
Once inside, they switched shoes back, but a bouncer then told Acheampong to leave because he was wearing the Air Jordans.
The complaint also alleges that Varsity Tavern was negligent in hiring, supervising and training employees who denied certain patrons entry into the bar.
In 2017, Christopher Smith, who is black, tried to go in Varsity Tavern, but bouncers told him he could not come in because of his tan ankle boots, according to the lawsuit. His cousin was turned away for wearing ripped jeans although they could see white patrons inside of the bar wearing ripped jeans, the suit says.
A year later, Smith tried again and a bouncer looked at him, saw he was an African-American and told him to go, according to the lawsuit.
The federal lawsuit also quoted public online reviews of Varsity Tavern to provide further accounts of racial discrimination, saying one review noted the bar “won’t let certain people in based on race or what they’re wearing.”
Former Varsity Tavern chef Aaron Austin, who is white, said in the lawsuit that he recalled being told by a manager that he could sit at the bar and order a drink when he was on break, but that black or Latino kitchen workers could not. If Latino or black workers wanted to buy drinks, the manager required they take them back to the kitchen and drink them there.
Acheampong and other men filed charges of discrimination with the Fort Worth Human Relations Commission.
Officials at Varsity Tavern have attempted to defend their dress code policy as necessary to curb gang activity, according to the lawsuit.
Fort Worth Officer Rick Harn of the department’s gang unit disputed any link between gangs and particular types of clothing, telling HRC during its investigation that it is “impossible to say gangs wear this,” the lawsuit stated. Harn noted everyone wears Jordans, “so you can’t say they are associated with gangs,” according to the lawsuit.
Attorney Rebecca Livengood of Washington, D.C., one of Acheampong’s attorneys, said Thursday the HRC did reach an agreement with Varsity Tavern involving training for employees and signage.
But Acheampong was not a party to the agreement and complaints about race discrimination have persisted since the agreement, Livengood said in an email.
This story was originally published March 19, 2020 at 2:11 PM.