Continuing my quest to call out music and nightlife companies that think their patrons should bend over and accept any rule dreamed up, however offensive and illegal, today a friend of mine and I filed suit against New York nightclub “Flash Factory,” located in the Chelsea neighborhood in Manhattan.
The basis of the suit is this: we were heading to a concert at Flash Factory, never before having been to this relatively new venue. On the way in there was a pat-down, which we assumed was just a quick check of pockets for weapons as some New York nightclubs do. But, both of us were shocked when a security guard, without warning, lifted my friend’s bra off her chest to feel her breasts, and likewise, decided to flat-out grab my genitals. I don’t mean TSA-style “sliding hands up your legs until they ‘meet resistance,'” often bumping the sides of their hands into your crotch. I mean straight-up, full palm and fingertips checking out my junk.
After the incident, I immediately wrote to, and my friend called, Flash Factory, and both of us were entirely ignored. No apology, no acknowledgement, no response at all. No one should have to deal with sexual assault to get into a nightclub. It is atrocious that they feel the need to treat their customers this way, so, a new lawsuit against them for battery and negligence was filed in New York County Supreme Court.
Corbett & Domyan v. Flash Factory et al. – Verified Complaint (.pdf)
Good luck ignoring that, Flash Factory.
[Edit – Since posting, numerous people have shared their story of being molested by Flash Factory. I’ve created a separate Web site dedicated to posting stories of abuse at Flash Factory.]
Professional Troublemaker ® 
Just curious how those things work in court. You say they did something, they deny. Now what? Obviously you did not videotape or took pictures at the time the crime took place. So what are the options?
In a civil case, if it’s the plaintiff’s word against the defendant’s, the jury will get to decide who is more credible. In this case, there may well be a video tape (I did ask them to preserve any video evidence, and if they failed to, the jury will be allowed to infer that it would have worked against them). There will also be testimony by others who entered the club as to similar incidents.
This is absolutely absurd. Flash Factory hires a separate company for security. Security guards aren’t idiots and would choose not to “grope” an individual simply because dealing with bullshit like what you are pulling here isn’t worth the lawsuit or their job. Stop trying to scam a business. Earn your money like everyone else or take out a loan.
If you click through to the lawsuit, you’ll notice that the security company was sued as well. In a situation where a security guard commits a battery upon a patron, the guard herself, the security firm, and the company that hired the security firm are all jointly and severally liable.
I don’t think the guards are “idiots” — I think they were doing what their bosses told them to do. We spoke to many other patrons that night, and all of them confirmed that they, too, were subject to a similarly invasive security search.
But hey, let’s give the sexual abuser the benefit of the doubt and make the victim out to be a liar, eh?
Except that the security guard DID reach up UNDER MY BRA, and and then she TOUCHED MY BREASTS with her fingers.
Stop trying to call every woman who finally takes a stand about sexual assault a liar. You’re not helping anyone, but you ARE being part of the problem by continuing to support rape culture.
Taking a stand against sexual assault means reporting it immediately to the police and not going into a club after you have been “assaulted”. You are not helping us women by filing frivolous lawsuits seeking money after you chose not to report this “crime” and then go inside anyway.
It’s interesting how “Pam Sanderson” and “Samanta S.” are posting from the same IP address. 🙂
Well, either you accept Islam is responsible for TERROR or you don’t. If you don’t accept Islam as a Terror actor, then you will be proud of the wonderful legal arguments allowing TERROR free access to your country. The reason you had your genitals groped by Nightclub security is that they feared another MUSLIM TERRORIST might have access to their premises, just as the TSA so fears. You are likely to lose this suit despite a friendly jury, because if you win, it would create precedent in filing against government perpetrators of the genital grope. So you carry on and invite TERRORISTS into your country, proud and smug in your legal triumph and wonderful arguments, as the security people continue to fondle your private parts. You have failed to notice the west is actually at war with Islam and you continue to deny the truth.
Er, no. The last person to shoot up a nightclub was a Mexican drug cartel associate in Playa del Carmen, not a Muslim, and he gained access to the club by shooting security. No pat-down policy is going to fix that, and your attempt to tie this back to my opposition to Trump’s Muslim ban is bordering absurd.
Next time you go to a bar, pull your pants down, bend over, and spread your ass cheeks. Cuz, ya know, they’re just doing their job and we don’t want them to think you’re a TERRORIST.
It clearly seems that you are just out to sue anyone and everyone God damn make money the normal way and quit crying about every way u feel mistreared
Or maybe — just maybe — companies who sexually assault people should be held accountable. If you don’t mind security playing with your balls, good for you, but I do.
That’s an excellent idea Nick l. Let’s just let the government, security companies, our bosses and everyone else abuse us as much as they like without suing them, crying or feel mistreated. Good luck with your life with this approach.
Nick, you don’t even know me. You cannot possibly make an assumption about me as a human being.
I was sexually assaulted at Flash Factory by a security guard. So was Jonathan. It just so happens, however, that we have a way to fight back against what happened to us, which is precisely what we have chosen to do.
But you know, feel free to gaslight victims and tell us we’re liars. Every person who has ever been sexually assaulted will thank you.
I think it’s time for patrons to push back – this has been going on since the 90s. They are not looking for weapons, they are looking for drugs. Everyone is guilty until proven innocent. I stopped attending events at Space after a female security staff member rearranged my balls looking for something.
Sounds like a money grab
Dismiss
Sounds like no one gives a shit what John Doe thinks.
Maybe we can hook up John Doe with Jack Shit and they can have a gay olde time.
Very glad you guys are taking a stand!! Will be watching this case with close interest. All the best!
Have fun pretending to be a lawyer and enjoy paying all of the filing fees, etc. while you waste your time until one day a jury gets a chance to see and hear you and throw you out of court. P.S. Andy Warhol called from the grave and said according to his Timex you have about 8 minutes left………..
Hi Pam, thank you for your analysis. I’d actually love to hear why you feel that my lawsuit is legally insufficient. That is, have I misunderstood the law, or are you just telling me your lay opinion of the case and assuming that jurors will feel the same way you do? Thanks! 😉
Pam, I can only wish you go through a similar experience (any experience where you feel you were abused, sexually or non-sexually) and when (if) you decide to fight back people will tell you to stop wasting your time. Come back then and tell us how it feels.
I could tell you one thing – if this actually happened to me and my date, I certainly would not have gone in the club. I would have called the police immediately and not cried over it on a blog after I had already partied the night away inside without making any complaints immediately.
You might be surprised to learn that in New York, sexual assault requires that the perpetrator intends to sexually gratify themselves. Given that the perpetrator could say that her intent was security, not sexual gratification, there would be insufficient evidence to criminally charge them with anything greater than the lowest level of battery, a misdemeanor. Also in New York, police won’t arrest for a misdemeanor that was not committed in front of an officer. In short, if we called the police, they would have taken no action.
We tried to make the best of our night after that experience. We were unable to and left after an hour or so. The next day, we filed complaints with the NY Division of Licensing, NY State Liquor Authority, and the local community board. While those groups may look into our complaint and take some action, filing this suit is the only way we can vindicate our legal rights. You might consider in crying on a blog, but I consider it making a public statement against sexual assault and holding the perpetrators accountable.
Actually, you are wrong on that. I did my 20 and know more than an online law student about the Penal Law………
Ah, so you were a cop… that explains why you’re both a know-it-all and an asshole.
Sexual abuse in the third degree is the lowest level of sex crime, a B Misdemeanor.
NY Penal Law S 130.55: “Sexual abuse in the third degree. A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter`s consent.”
What is “sexual contact?”
NY Penal Law S 130.00(3): “‘Sexual contact’ means any touching of the sexual or other intimate parts of a person FOR THE PURPOSE OF GRATIFYING SEXUAL DESIRE OF EITHER PARTY.”
Emphasis mine.
Go find something better to do with your retirement, “Pam.”
The “subway rule” gives you an A misd under 130.52 Forcible touching without the exclusivity of gratification……
Try again, Pam.
S 130.52 Forcible touching.
A person is guilty of forcible touching when such person
intentionally, and for no legitimate purpose:
1. forcibly touches the sexual or other intimate parts of another
person for the purpose of degrading or abusing such person, or for the
purpose of gratifying the actor’s sexual desire; or
2. subjects another person to sexual contact for the purpose of
gratifying the actor’s sexual desire and with intent to degrade or abuse
such other person while such other person is a passenger on a bus,
train, or subway car operated by any transit agency, authority or
company, public or private, whose operation is authorized by New York
state or any of its political subdivisions.
For the purposes of this section, forcible touching includes
squeezing, grabbing or pinching..
Forcible touching is a class A misdemeanor.
I was assaulted at a club recently in NC it’s calles mansions. The female security guard grabbed my breast with no much pressure it took my brain a while to process it. I want to stand up to them and even went there to speak to someone and was met with aggression and lies. Do you have any suggestions on what to do ?
Hi Jay, sorry to hear that. I hope you consider filing a police report, contacting the media, and/or contacting an attorney.