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G&I Clients Cleared of Racism Claims

July 7, 2008

G&I clients, the Town of Henrietta, its former Supervisor James Breese and former Fire Marshal Chris Roth, were cleared of racism claims following a three week trial in United States District Court.  In the case of Cine SK8, Inc. d/b/a Fun Quest v. Town of Henrietta (Judge Jonathan Feldman, 03-CV-6165), the Plaintiffs, operators of an entertainment facility called "Fun Quest", alleged that Henrietta and its officials were motivated by racism when its Town Board voted to amend a special use permit to exclude teen dance activities at Fun Quest following an overcrowding incident on March 9, 2002 which required response by over 41 police cars. Fun Quest went out of business a few weeks later. The Plaintiffs alleged that Fun Quest was evacuated, and that the Town Board later amended the permit, because most of Fun Quest's patrons on that evening were of African-American descent. A federal court jury disagreed and returned a unanimous verdict dismissing all claims based in racial animus. Current Henrietta Town Supervisor, Michael Yudelson, stated that "the Town's actions were not racially motivated but rather by concern for public safety." G&I trial attorney, Joseph B. Rizzo, agreed stating that "the Plaintiffs made a shameful play of the race card, and the jury saw right through their hollow allegations." Said Rizzo, "the jury's verdict vindicated our clients, especially former Supervisor Breese and former Fire Marshal Roth, who were sued in their individual capacities."

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