NorthPark Mall and Management Subject of Class Action Lawsuit for violations of the American's With Disabilities Act

If you, or anyone you know, has been discriminated against by employees, staff or contractors of the following entities:

NorthPark Mall
NorthPark Management
NorthPark Security
Jack Boles Parking 


please send me an email by clicking on the link below: 


Ad your voice to those with disabilities discrimated against by NorthPark Dallas Texas


Documentation of their discrimination against me, with evidence and their offer to settle with me (I refused) can be seen on my full blog:

http://randomobservationsfromdallas.blogspot.com
Please support the advertisers whose fees for making using of my blog page make it possible for my blog, and blogs by anyone else, to contribute to public debate. I do not need the minimal income generated by your "clicking through" these ads to support myself. However, I could never afford the expense of supporting such a blog site on my own and your viewing those advertising sponsors' messages does make this forum available to all. These ads are no security risk to your computer or your privacy for multiple reasons. First, I have absolute and total control over what ads and advertisers appear on my blog. I have nothing to gain from your visiting an advertisers site and finding as a result that your computer is infected or your privacy infringed upon. Second, these ads are placed and serviced by a reputable sales organization - AdSense. They would quickly go out of business if readers who click through the ads they place on this blog became the least bit dissatisfied by the results. Finally, Google and Blogspot.com have nothing to gain from damaging your computer or infringing on your privacy and everything to lose if they do.

Department of Justice Will Sell You Out Like A Prostitute

This article is intended to alert you readers of how your government, through the Department of Justice will allow you to spend our own money to do the job they are already paid to do.

I urge you to contact the following Department of Justice individuals, as well as your Representative in the House of Representatives and U. S. Senators in protest of the way they allowed a high-profile retail and real estate group to discriminate against the disabled for nearly three years while the DOJ leaned on me heavily and pressured me into participating in their "mediation" process, then years-long negotiations with the company - NorthPark Mall and NorthPark Management company - all the while allowing these companies to continue to discriminate against the disabled.

The two individuals at the Department of Justice are:

Jana Erickson email:  Jana.Erickson@usdoj.gov
Carmen Romero email:  Carmen.Romero@usdoj.gov

You can locate your United States Representative and Senators at:

Contact my U.S. Congressional Representative
Contact my U.S. Senators


To complain directly to the management and ownership of NorthPark Mall:

vtolbert@northparkcntr.com,
 kgibbins@northparkcntr.com
 amilton@northparkcntr.com

To contact the owners of Neiman-Marcus and P.F. Changs, who benefitted directly from NorthParks discrimination against disabled persons:

 Gabrielle_DePapp@neimanmarcus.com,
 Mackay_Boynton@neimanmarcus.com,
 Melinda_Lee@neimanmarcus.com,
 Ginger_Reeder@neimanmarcus.com,
 kzotaley@oco.com

Now, here are the details of how the Department of Justice will sell your soul like a prostitute in order to get your problem out of their faces, which you can also find on separate pages of this blog.

This a fictional representation of how one might be expected to be treated during the Department of Justice's "mediation" process; though the gist of the story is a sad, but all too real, event in which the Department of Justice, it's appointed mediator, my attorneys and a certain high-profile Dallas attorney conducted himself during mediation.

Imagine if you will . . .

You and your attorneys arrive on time. Each in separate cars and each paying the $20 parking fee to park in the respondent's attorney's parking garage.  All three of which are paid by you.

You arrive by elevator, many stories high, in the plush and well-appointed offices of the respondent's attorney's offices.  Where you wait, for over 30 minutes at about

$350 per hour of your attorneys' fees.  This is to prepare you for paying even more during the actual mediation, and achieving just about the same results.

You are called into the conference room by the Department of Justice's "mediator" who seems, for the moment, to be disposed to be even-handed in his efforts.

You spend about 30 minutes of your attorneys' billable hours while the "mediator" drones on about the importance of participating in this mediation process in "good faith."  And, then you all agree to sign a non-disclosure agreement wherein you agree "in good faith" not to disclose any of the details of the "mediation" process about to begin.  Believe me folks - this is where the Department of Justice screws you over for having had the effrontery of having filed a complaint with them and expecting them to actually accomplish something for your tax-dollars which pay them.  You are screwed from the start.  You should never be here.  You should pass "GO" in the mediation process, refuse mediation and demand a full investigation by the DOJ and not waste your money on attorneys.  Everyone in this process makes money or otherwise benefits than you.  I repeat, if you have reached this point, you have been screwed.

By this time you have already expended several thousands of dollars in consultations with your attorneys, their research, their unending communications back and forth with all parties involved, and their having prepared, filed, revised and refiled all of your legal motions, in triplicate expense, and providing them with proof (courier fees, certified mail, etc.) to ensure that everyone and their pet goat knows what and when you are complaining hereof.

However, the "mediator" insists that you as the complainant state your complaint again to the respondent and attorney only to find that the respondent's attorney refuses to say anything about the "mummy" next to him who supposedly represents his client.  That's right folks.  Other than her name you get nothing.  He refuses to say what her position within her organization is, what she does for the organization, what her authorization to proceed in the mediation proceeding is.  In fact, she is a body occupying a chair with a name on a business card and that is absolutely it.  Nothing more.

When pressed on the matter the respondent's attorney responds, exclusively and without any further elaboration, that they are at mediation "to listen, but will not answer questions or make any statements in response."

That is it folks.  Yep.  Bring down the curtain.

The mediator will ring his hands at this lack of "acting in good faith" and then call his supervisor and his contacts at the Department of Justice and everyone will take a break of 30 minutes of your attorneys' time at $350 an hour.

Then the respondent's attorney and his "mummy" company representative will refuse to return to the conference room and the "mediator" will announce there is nothing further he can do and ask if you would like to move on to the process of requesting a formal investigation by the DOJ.  You have just come full circle to where you should have never got on this merry-go-round of legal bureaucracy in the first place.  Except you are out several thousand dollars, the DOJ is relieved that they have filled the pockets of a supposedly independent "mediation" service staffed by former DOJ employees, your attorneys have made a lot of money sitting on their butts and accomplishing nothing, the respondent can say they "participated" in mediation and you can write a check to pay for the whole "you stroke me and I will stroke you" legal process and then file a request for a formal investigation by the Department of Justice, which should have been your first choice.

The Department of Justice's "mediation" process is a meaningless trough from which former DOJ employees feed, make a lot of money for very little product and then walk away into the sunset all the while knowing you, the complainant, the person injured, got screwed before you got to mediation, got screwed in mediation, and will get screwed in the future if the DOJ has anything to say about it.

I got an offer to settle and agree not to sue the respondent in the amount of $1,000.  I refused so that I could tell you here, now, in writing not to participate in the DOJ "mediation" process at all.  Demand a formal investigation of your complaint from the very beginning.

Read the full portion of my blog and the emails from the Department of Justice threatening me if you have any doubts.

Please support the advertisers whose fees for making using of my blog page make it possible for my blog, and blogs by anyone else, to contribute to public debate. I do not need the minimal income generated by your "clicking through" these ads to support myself. However, I could never afford the expense of supporting such a blog site on my own and your viewing those advertising sponsors' messages does make this forum available to all. These ads are no security risk to your computer or your privacy for multiple reasons. First, I have absolute and total control over what ads and advertisers appear on my blog. I have nothing to gain from your visiting an advertisers site and finding as a result that your computer is infected or your privacy infringed upon. Second, these ads are placed and serviced by a reputable sales organization - AdSense. They would quickly go out of business if readers who click through the ads they place on this blog became the least bit dissatisfied by the results. Finally, Google and Blogspot.com have nothing to gain from damaging your computer or infringing on your privacy and everything to lose if they do.

Herman Cain and the EEOC Complaint

I guess attacking a black candidate for the highest office in the land based on his race is all fun and games until some Republican gets hurt.

Now I don't for a moment believe the suggestion that the reason Mr.Cain is having problems related to his previous EEOC problem is that he is black.  Running for national office, particularly in these partisan times, is a nasty business in a nasty arena filled with some very influential and very nasty people.

Mr. Cain and his advisers were naive to think that the subject would not be pounced on by the press and public. They are even more naive if they think he will ever reach the position of the Republican candidate for the office of President without every detail of the complaint somehow, legally or illegally, becoming public.

Personally, I think Mr. Cain lied when he said he didn't know of any settlement and if there was one he hoped it wasn't for much money because he did not do anything wrong.  The reason I say that is because if there was an EEOC complaint filed and then investigated by the EEOC there is no possible way Mr. Cain escaped noticing it. I say this from some personal experience with the filing, investigating and resolving of EEOC complaints.

Let me relate that experience here and you can decide if Mr. Cain lied here and now, without ever knowing what was in the EEOC complaint or the non-disclosure agreement that settled the complaint.

I filed a complaint with the EEOC here in Dallas, Texas sometime in 2008. If the filing and investigation process differs from place to place or has changed over time I am unaware of it.  What I relate now generally reflects what happened there and then.

First, just getting in to file a complaint works against anyone motivated enough to go through the effort.  The Dallas office did not take appointments and it did not receive potential complaint filers with open arms.  It was strictly first come first serve and limited to hours of the day during which persons wishing to make a complaint are even allowed to try to file.  If you don't get there on time, or you get there on time but the office runs out of time to review your initial statement during the hours allowed, you are tough out of luck and welcome to return the next day and every other day thereafter, during their appointed hours, until such time as you are worn out from trying or the staff tells you up front and to your face that they are not going to accept your complaint for investigation.

I spent a lot of money on private investigation and legal advice prior to taking my turn among the throng of people attempting to file complaints within the limited time available.  I still had to return three days before I got my information into the hands of the staff that performs the initial review of complaints.   On that day there were maybe a dozen or so others, out of maybe a hundred potential complainants, who were asked to remain for further questioning by staff.  Everyone else was told to go home and if they felt sufficiently motivated to return another day.

As mentioned, I came with a good deal of preparation and documentation, so I waited a very long time in the outer office as an investigator went through the documents I submitted in support of my complaint before I was called back into the inner offices to be interviewed by a member of their staff.

That was only the beginning.  Contrary to popular belief one is not greeted with open arms by the EEOC investigators or staff and there is not a huge cavalry of white knights on horses just begging to be let go to come to your rescue.  The burden of proof is on the complainant and it is truly a burden.  The initial interview is detailed, long and something like being cross examined on the witness stand.  The interviewer looks for inconsistencies in your statements, documentary support that your complaint involves something more than just getting your feelings hurt by hard or cruel commentary from your employer and any shred of evidence that you are attempting to use the EEOC to vindictively strike out at your employer.

Presuming the initial interview does show a significant level of reason to believe that the law may have been broken and you might have been discriminated against or sexually harassed, your information will be passed even further into the recesses of the EEOC offices to an investigator who will then determine if you have something that you can legally refer to as a "complaint" filed with the EEOC.  Then you wait, wait and wait some more as the investigator gathers information by shuttling information and further requests for information between you and the person or company against whom you have complained.  At the start of this process the EEOC will inform you in no uncertain terms that they do not have the power to fine, reprimand, or impose the law or a settlement on any entity involved in the complaint, those actions are for the courts should the EEOC choose to send your complaint to the court.  They will further inform you that they are not your personal legal advocate.  If you want one of those, you are entitle to one at your own expense.

While it appears that nothing is happening during this time in fact a great deal is being done by the EEOC staff to gather evidence of facts which indicate that some portion of the law has been violated.  When that is done you finally get the important results - something loosely referred to as a Letter of Finding and the right to sue.
The EEOC will issue a letter saying that in their view the law was or was not broken and you were or were not injured as a result of it.  If the finding is the law was broken they may offer to mediate a settlement.  In a very very small percentage of cases they may determine that the complaint raises such important legal questions or is so egregious that the matter will be referred to the court for prosecution without an offer of settlement.  Getting a letter of determination that a violation occurred is rare indeed but I got one.  Everyone receives notification that the EEOC's determination is not your final option.  They will tell you that the laws of due process give you the right to take the matter to court on your own if even if the EEOC does not find in your favor.  In my case they very kindly arranged a settlement between myself and those against whom I complained.  That settlement includes a negotiated non-disclosure agreement in most cases.

That non-disclosure agreement is very important and serves both sides equally well in that it prevents either party from later "cherry picking" from the complaint and investigation information out of context so as to make the one party or other appear right or wrong.  Basically, you agree to say nothing other than that the matter has been settled and leave it at that.  Therein, lies Mr. Cain's problem.


He has already released some information from the complaint, but without context.  On the national news he stated something to the effect that a portion of the complaint against him related to his commenting on the height of the complainant being very similar to that of his wife.  The problem is, outside of the full context of the complaint he chose to mention a portion that on the face of it seems petty and perfectly tame.  However, out of context, we don't know if he made the statement over a microphone at a team building exercise or in the confines of an elevator, alone, late at night on the way this his hotel room as thinking he was complimenting the woman on her height because is made it so much easier to unclasp her bra.

By doing so Mr. Cain makes the woman seem petty and the complaint trivial.  But, as I have attempted to relate through the telling of my own experiences, no complaint that reaches the point of a settlement with a non-disclosure agreement could be petty or trivial.  The EEOC would never have let the matter get that far in the first place.  Further, there is no way that the complaint could have reached the point of settlement and non-disclosure without Mr. Cain know the terms of the settlement and non-disclosure agreement.  He would have had to have signed it or given his legal team the authority to signed it for him.  So, for Mr. Cain to say he doesn't know if there was a settlement and if there was one he hopes it was a small one is a flat out lie and good enough reason for anyone not to vote for him whether they ever find out the full content of the complaint.


Since he took the first step in revealing something contained in the non-disclosure agreement I think the matter should be fair game for the complainant to speak freely thereon herself.  Why she has had her attorney request permission from the National Restaurant Association to speak on the subject I don't know.  Probably because she doesn't have the same level of funds available for a legal fight which the association and Mr. Cain do.

One way or another though, the information will come out - legally or illegally.

Interestingly, in my non-disclose agreement I was specifically granted the right of disclosing information in the agreement to members of my immediate family and household.  Since nothing I signed or could ever give me the right to constrain these individuals from relating what they may know or suspect about the settlement, I suspect there are similar individuals in Mr. Cains settlement and non-disclosure agreement.

I suggest the public press find out if there isn't such a person.

Whether they do or not let's make some things perfectly clear.  Mr. Cain was involved in some manner of sexual harassment complaint filed with the EEOC, entered into a settlement and agreed to non-disclosure of the nature of the complaint and settlement in the future.  He lied about that, he broke the non-disclosure agreement just enough to make the complainant look small, petty and trivial and now seeks to retreat back into the protections granted him in the non-disclosure agreement he so flagrantly denied to the woman who complained about him.

His actions are contemptible and his statements on the matter lies and prevarications.

Good enough reasons not to vote for him whatever his race, color creed or political affiliation.