Brand name bill up for legislative talks

Kyle Ferguson

A new bill open for discussion, House File 221, would prevent bar and nightclub owners from keeping people out of their establishments based on the brand of clothing they are wearing.

“People can’t be kept out of a bar because of their clothing brand name,” said State Representative Wayne Ford, D-Des Moines, the author of the bill. “You can’t tell me I can’t get in because I’m wearing FUBU.”

The idea for the bill came seven years ago, when Charles Lovelady, a black man, was killed in a fight with two nightclub bouncers in Des Moines. The scuffle started after Lovelady was dismissed from the establishment because of the brand of clothing he was wearing.

To prevent events similar to the Lovelady incident from happening again Ford created both HF 221 and a companion bill, which require all individuals hired as bouncers to go through a training program.

“I told Charles’ mother that I would do all I could to make sure he didn’t die in vain; that I would make this right,” Ford said.

While bars and clubs in Des Moines and Iowa City have a history of problems with the issue, Ames deals with this on a smaller scale.

“Des Moines has passed that ordinance, but Ames has not, as of yet,” Ford said.

One location in Ames, Club Element, 2401 Chamberlain St., has a dress code.

“We don’t have much of a problem with this issue; it really doesn’t affect us,” said Scott Davis, manager of Club Element. “This bill will get rid of any dress codes that don’t allow certain brands, and that doesn’t have anything to do with our dress code.”

There have been concerns raised, however, about the true purpose of this legislation and of the club dress codes.

“The question is: Is discrimination based on race, really? What is going on here?” said Barbara Mack, associate professor of journalism and communication. “If bar owners started prohibiting people with cornrows from getting in, and 99 percent of people with cornrows were black, is that rule against cornrows or black people?”

Mack also noted an interesting fact about HF 221.

“We are the only state that has tried to create legislation on this issue,” she said. “But every state has discussions about this issue and whether this is a subtext for racial discussions or a legitimate attempt to keep fights from breaking out in bars.”

State Representative Beth Wessel-Kroeschell, D-Ames, who was on the commission that approved HF 221, said this bill has just one goal.

“The point is to explicitly state that you can’t allow one name brand and not another into any kind of public accommodation,” she said. “People that I’ve talked to who were African-American said that they felt discriminated by this action.”

Although this bill may not have much of an impact felt in Ames now, that may change in the near future.

“The color of Ames is changing as we speak,” Ford said. “You have people from all over the country coming there and living there. There was a huge city council meeting about that not too long ago.”

Regardless, Ford said this is a step in the right direction for racial equality.

“This is trying to make sure that all black people will be able to keep their civil rights protected, in terms of how they dress,” he said. “When white people can get into a club but their black friends cannot, that should send out an alarm to people that we still have work to do.”