DARRELL CANNON, Complainant,
AMBROSE/LOVETINSKY, d/b/a TYCOON'S I.C.,
FINDINGS OF FACT
1. The Complainant, Darrell
Cannon, timely filed verified complaint CP# 02-84-11376, on February
7, 1984, charging Respondent Ambrose/Lovetinsky d/b/a The Stadium
with aiding or abetting in the area of public accommodation. The
complaint was amended on the 12th day of May 1986, changing the
name to d/b/a Tycoon's I.C.
2. The case was investigated, probable cause found, conciliation unsuccessfully attempted and the case proceeded to public hearing with Notice of Hearing issued on December 31, 1986. The Notice was sent to:
1700 Griffith Park Bldg.
Hollywood, CA 90026,
his address of record. The
certified number was 029941. The Notice was returned unclaimed.
The Notice was resent by regular mail upon the advice of Attorney
Baustian in that Mr. Cannon was unable to get to the Post Office
to pick up certified mail.
3. The hearing was scheduled
for 9:00 A.M. on Tuesday, June 23, 1987.
4. On January 26, 1987,
the Commission received a pro se appearance by Respondent. This
was given to the Hearing Officer. Evidently no copy was given
to the AAG.
5. On May 28, 1987, the
AAG filed a Request for Admissions, with a copy to Rick Jirsa,
P.O. Box 3103, Iowa City, Iowa, 52244 (Manager for Respondent).
6. On June 19, 1987, the
AAG filed an Application for Continuance noting that Respondent
had not filed an Answer and that Mr. Cannon who then resided
in California had a work schedule and financial condition which
would not permit him to travel to Iowa for the hearing.
7. The Application for Continuance
was received by Respondent on June 22, 1987. No ruling had been
made because the application was not timely and Respondent appeared
for the Hearing on June 23rd as scheduled. Respondent was allowed
to put his resistance to the Application for Continuance in the
8. Respondent waived his
right to have the Complainant, who was not present, present his
evidence first and proceeded with his defense.
9. Respondent who appeared
pro se was allowed to submit his reply to the Request for Admissions
after the hearing. That reply was received on June 29, 1987.
10. The Stadium (Tycoons)
was a bar in Iowa City owned by Harry Ambrose. Rick Jirsa and
Randy Phillips were hired as managers. Darrell Cannon was hired
part-time as a DJ. Jirsa and Phillips had the authority to hire
and fire employees. They did fire Cannon on January 25, 1984.
11. The reason given for
firing Cannon was his refusal to play the records management recommended
for their program and that he would do what he wanted to do instead
of what management requested. He also played his own records,
which was not practice, and those records were primarily "Black
rap" records which were generally unknown in the Iowa City
area. It was alleged that because of the type of music Cannon
insisted on playing, patronage fell off on the night he was DJ.
In the beginning of his work with Respondent, it is admitted that
he was an excellent DJ.
12. Cannon, in his charge
of discrimination, alleges that he was terminated because he failed
to discourage Black customers from coming into Respondent's bar.
13. The Hearing of June
23, 1987, was continued pending ruling on the Application for
14. On the 21st of August
1987, it was ruled that the continuation of the Hearing be held
at 9:00 A.M. on Thursday, September 24, 1987, either in person
or by telephone conference call. Harry Ambrose received a copy
of the Ruling by certified mail and a copy was provided Attorney
Baustian as attorney for Darrell Cannon.
15. The Hearing was held on September 24, 1987. Complainant did not appear. Respondent did not appear. Attorney Baustian was present and stated that she had not been able to reach Cannon at the phone number which he had provided, that at different times she left messages on a telephone answering machine and received no response. She stated that she had not spoken to Cannon since the Ruling had been issued. Attorney Baustian stated further that she was fairly certain that had she been able to contact Cannon he would not have been able to attend the hearing and actively participate in the prosecution of his complaint.