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The Exponent

Cactus under fire

By WIL COURTNEY Staff Reporter,

2024-03-17
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After the owners of Neon Cactus said they are shifting the establishment back to a country bar, music choices have led to backlash amidst some employees. David Hickey | Senior Photographer

After allegations of race discrimination, “forbidding Black music” and “a pattern of discriminatory behavior,” Neon Cactus bar has been plagued with controversies, including a federal lawsuit by a former general manager.

Former General Manager Taylor Hardy filed a lawsuit last Monday, suing Neon Cactus for “discrimination against him on the basis or face and retaliation against him for his complaint of race discrimination.”

According to the court documents, Hardy began working for the Cactus in December 2022 and worked there until March 11, 2023, when he was fired for allegedly raising complaints about race discrimination with Ethan Brown, one of the owners.

“Specifically, he raised issues about discriminatory racial bias, racist comments and a work environment that was saturated with hostility toward African Americans who failed to satisfy Brown’s expectation that African Americans be assimilated to white Midwestern culture in order to fit into his bar,” said the complaint, filed against the bar's business name of EHB LLC.

The Exponent reached out to Hardy for comment but was deferred to his lawyer.

Brown said the claims against him are not true.

“There's no ounce of racism that has gone on in Neon Cactus in any way. ... These claims are all completely bogus,” he said.

According to the complaint, owners Ethan and Angela Brown made several racist comments to Hardy during his time as general manager.

“I can’t be racist, I have a black general manager,” Ethan reportedly said in the complaint.

The document also says a DJ at the bar, Scott “Trey” Fisher, “noted the concerns about racist behavior from the bar’s ownership and the uncomfortable position it put him in.

“Fisher’s discomfort centered upon the owners of Neon Cactus … scolding him for and/or forbidding him from playing 'black' music or 'banger' music,” the complaint said.

“We said ‘play happier music,’” Angela said Wednesday afternoon. “Never did we say not to play 'black music.' I don't even know what 'black music' would be.”

She said they wanted more upbeat music and were trying to “gear it toward country.”

“A lot of the DJs are having trouble with that because they're accustomed to the music of today,” Angela said.

Ethan said the bar is trying to play more country music because historically they have gotten a great response to country themed nights and concerts.

The complaint also said Ethan Brown connected “black music” with violence.

Hardy allegedly confronted Ethan and said his comments “ignorant” and “racist.”

Ethan reportedly said hip hop music makes people violent and “one shooting shuts me down,” according to the complaint.

Hardy also allegedly objected to being treated as “the token black manager.”

“Ethan Brown got defensive and fired Hardy for his complaint about the racist behavior exhibited by the owners of Neon Cactus,” the complaint said.

“He's lying and saying that we fired him,” Angela countered. “We have a police report saying he quit.”

The Exponent has not yet been able to independently verify the police report.

Neon Cactus has 20 to 50 days to “answer” the lawsuit, said Hardy's attorney, Jason Ramsland. After they respond, a pretrial hearing will be scheduled.

“Statistically, courts and lawyers and mediators will tell you that most claims don't go to trial, but I prepare for every one as though it will,” Ramsland said.

Angela and Ethan Brown said they have plans to meet with their lawyer to countersue.

“He won't leave my staff alone is the biggest thing,” Ethan said. “And we would like him to just stay away from us and he will not.”

DJ fired

Isaiah Neil, known as DJ Endy, was fired after Neon Cactus refused to repair his reportedly damaged laptop and his manager allegedly called the Browns and threatened a lawsuit.

Neon Cactus’ Facebook page posted a statement that Neil’s laptop was damaged after somebody threw a drink at it.

“I told him to turn off the laptop and turn it back on, which he did, and the laptop did come back on,” Angela said Tuesday. “He claims it was ruined. I don't believe it was.”

Neil said when he turned on his computer, it flickered back and forth between on and off.

Neon Cactus said Neil asked that they pay $2,500, but the business declined and said he should have had his equipment insured. Neil denies that he ever put a price on the repairs.

According to Angela, DJs at their establishment are W9’s, meaning they are contractors.

“My response is you can go Walmart, buy one for a couple hundred,” she said.

The facebook post said the next day, the owners received a call from someone claiming to be Neil's manager and threatening to sue.

“After complaints on his performance every night lately and recent negative attitude towards customers requesting songs and refusing to follow direction on what the club wanted, we decided not to bring him back,” the company said on the post.

Neil has a similar story but a different account for how the phone call with his manager went.

“Standing up for myself after management's call to play a different genre of music was met with hostility by some patrons who in turn threw drinks at me and my equipment, damaged my gear,” Neil said on a Facebook post. “The management staff of the Neon Cactus said they would lend no support for repairs or replacements.”

Neil said his manager, Ashton Morgan, called Neon Cactus the next day and talked to Angela.

“(Angela) assures me that my manager threatened to sue, which my manager says never happened,” Neil’s Facebook post said. “My manager did say that they would like to speak to their lawyer and have their lawyer speak to them … The word 'sue' was never mentioned by my manager.”

Neil said on the post that he was fired for wanting fair treatment and that Neon Cactus feared a lawsuit due to the fact that they have an ongoing racial lawsuit and he is allegedly their only African-American DJ.

"I was never treated as an equal," Neil said. "The owner made several racial comments to me. ... (A co-owner) said, 'I keep Endy on a tight leash.'"

Neil said this is one example of a pattern of discriminatory behavior at Neon Cactus.

“The owners of Cactus basically made me switch who I am as a DJ because they wanted to keep a certain crowd of people out of their establishment,” Neil said. “ I’ve had several racial remarks about the type of music that was played to keep a certain crowd of people out of there."

When asked whether he would file a lawsuit, Neil said he did not feel comfortable answering at this time.

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