The suit, filed on behalf of bartender Michael L. Bolden, claims that McFadden's and its parent company, East Coast Saloons, have created a culture where "racism and racial segregation are not only tolerated, but mandated."
A manager on duty last night said that Wyrsta had left for the day, and declined to comment; and a woman who answered a number listed for East Coast Saloons, in New York City, also declined to comment. An attorney for McFadden's could not be reached.
Attorney Laura Mattiacci, who is representing Bolden, declined to comment or explain how she had obtained text messages and e-mails from McFadden's managers.
According to the complaint, only five of the bar's 75 employees are black, including Bolden and the "man and woman who work in the bathroom handing out towels." Bolden, 29, is a full-time lawyer with the nonprofit Community Legal Services, and has been employed at McFadden's since 2007.
The complaint alleges that in June, in an effort to draw bigger crowds during slow summer months, McFadden's hired Everett "Mr. Hollywood DJ" Jackson and a promoter named "Alexis," both of whom are black. The move turned out to be a "resounding success," the complaint alleges, and many of the bar's new patrons on Wednesday nights were "non-white."
By August, however, McFadden's made deliberate steps to "dismantle" the Wednesday-night scene, the complaint alleges, as their usual crowd of "white individuals" was returning from college break or the Shore.
"I'm not really a good finger-pointer, but I did get the same vibe," said Jackson, 27, who is not a plaintiff. "Wednesday was a predominantly black crowd, and it was really weird how they pulled the Wednesday. We never had any fights or any incidents."