Detroit Avenue Merchant Drops Lawsuit Against City

A former Detroit Avenue merchant has dropped its federal racial discrimination lawsuit against the city.

Just 4 Girlz, a Detroit Avenue women’s clothing store — that closed earlier this year — filed a based on a building department inspection.

Filed by Just 4 Girlz co-owner Steven Kessler, the lawsuit claimed that city inspector Kevin Kelley made racist remarks during an August building inspection.

The city — as well as Kelley — has vehemently denied the accusations.

Kevin Butler, the city’s law director, who was one of nine city employees named in the lawsuit, called the allegations “absurd.” 

“It proves the point that people can just make up allegations,” Butler said last year.

On Thursday, Kessler dismissed the case “with prejudice,” meaning that the lawsuit will not be re-filed.

The lawsuit alleges that the city “violated federally secured rights on the basis of race protected under the First Amendment of the US Constitution, the Fourteenth Amendment and tortious interference with prospective business relationship.” 

The Kesslers, both Huron residents, opened the store in August 2011. It closed earlier this year, when Curve Appeal took its place.

Among building departments’ findings during an inspection was that the number of signs displayed in the storefront window violated the sign code.

“The city has gotten anonymous complaints that the signs were an issue,” Butler said. “Kevin Kelley went out there and had a friendly exchange with the employee. He didn’t even issue a correction notice.”

The next day, co-owner Gloria Kessler went to Lakewood City Hall and agreed to take the correction notice, Butler said.

Then a couple weeks later, the lawsuit was filed in US Northern Ohio District Court.