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 Jonathan Corbett, Civil Rights Attorney

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Flash Factory Pays $10K to Settle Groping Lawsuit

Flash Factory SettlementGoing out on a Friday night shouldn’t involve having a security guard grab you between your legs “for your safety.”  And when nightlife security does it without obtaining the informed consent of each patron before the search, it’s sexual assault.

Now-defunct New York City nightclub Flash Factory learned this lesson the hard way as it agrees to pay out a $10,000 legal settlement to civil rights advocate and yours truly Jonathan Corbett, and co-plaintiff Elise Domyan, on top of a $50,000 default judgment already levied against its security contractor Ward Security Inc., owned by Walter Degolyer of Lake Grove, N.Y.  A motion is pending before New York County Supreme Court to hold Mr. Degolyer personally liable in the 2017 lawsuit.

Ms. Domyan relayed the following to me in response to the case closure:

“Sexual assault happens every day, and it is quite common for survivors to feel like they don’t have any recourse or a chance for justice.  I know that one lawsuit won’t change the world, but maybe it will give nightclub owners and security firms a moment’s pause in the future, or encourage other survivors to pursue legal action against their attackers.”

The settlement and judgment indeed offer strong incentive for bars and clubs to respect the physical autonomy of their patrons.  Hiring an independent security company does not absolve the establishment of liabilitynot in the Court of Yelp, and not in a court of law.  It is unclear why Flash Factory owners Michael Satsky and Brian Gefter closed, and then sold, their establishment late last year, but having a 2 out of 5 rating due to abusive staff, absurd lines for pre-paid ticket-holders, and $18 drinks, probably didn’t help.

As for Ward Security and Mr. Degolyer, who also go by Alpha 1 Security Group, Inc. and “AAA Security,” so far we’ve collected $10,000 from their surety bond, which New York requires from all security companies, and we work to collect the remaining balance through a variety of means available.  (If I were Mr. Degolyer, I’d be getting in touch to work out a settlement of the matter ASAP.)

$50K Judgment Awarded Against NYC Nightclub Security Firm for Groping During “Security Search”

Default Judgment against Ward Security Inc.A year ago yesterday, I filed suit against now-defunct New York nightclub “Flash Factory” and their security firm “Ward Security Inc.” (of New York, no apparent relation to same-name security firms in Florida and England) for an invasive door search policy that involved full-hand grabbing of the genitals of male attendees and inside-the-bra searches for female attendees, all with no advanced warning of the nature of the search.  A girlfriend and I were shocked to encounter their “actually worse than TSA” pat-down on the way into a music event in December 2016 and were groped before we had a chance to refuse consent.  A search of the Internet showed at least a dozen complaints about this by others and they refused our attempts to try and settle the matter with a policy change, so we took it to the courthouse.

Last week, N.Y. Supreme Court Judge Gerald Lebovits awarded my co-plaintiff and I a default judgment of $50,000 against Ward Security after they refused to show up in court despite repeated service and notice.  The order, dated January 11th, 2018 but entered on February 8th, 2018, thanks to the efficiency of the New York court system, further orders that the case continue against Flash Factory itself, which has shown up to court and appears to be using the, “it’s not our fault what our own security did” defense.  As I previously posted, this defense simply doesn’t work, even if you call your security “independent contractors” and shut your eyes to what they do.  It doubly doesn’t work when you’re on notice that a dozen other people have complained about the same thing.

Our goal is to get these practices to stop, and the only tool at our disposal is a request for money damages, as an order requiring them to stop would require us to show potential future harm to us.  But, money damages have the same effect, as once one party gets a judgment, the company knows that if it doesn’t stop, it will have more of the same.

“I’m thankful for this partial victory. It’s good to know that someone is listening to us, but we’re not done fighting by any means. These practices have to change, and venues like Flash Factory need to know that.”

~ Elise Domyan, Co-Plaintiff

A word to the wise: if your business gets sued and has any assets, including accounts receivable (that is, it’s still doing any business whatsoever), ignoring a lawsuit is a bad way to go.  New York law allows a process for collection against businesses similar to the garnishment of wages against individuals, whereby I can require Ward Security’s clients to withhold payment for services, but the process against a business requires them to withhold 100% of the pay instead of a fraction as they do in wage garnishment.  Security firms are also required to post a surety bond at the time they apply for a license — I’ll be taking that, thank you very much.

Corbett & Domyan v. Flash Factory – Default Judgment Granted against Ward Security, Inc. (.pdf)

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