Lawsuit against Fresno moves forward after judge rules in Granite Park civil rights case
A federal judge has ruled the Granite Park operator’s lawsuit against the city of Fresno can move forward, despite the city’s motion to dismiss the case.
U.S. District Judge Dale A. Drozd ruled that Terance Frazier’s civil rights violation claim against the city can move proceed. Drozd also allowed Frazier and his attorney 21 days to amend the complaint and resolve deficiencies for claims that the city defamed Frazier and broke state law. Drozd dismissed Frazier’s claim that the city of Fresno discriminated against him based on race.
The ruling was handed down Friday.
Frazier is the president of Central Valley Community Sports Foundation, which operates Granite Park.
Drozd wrote in his ruling that Frazier’s allegations only suggest race may have played “some role” in the city’s decisions, but there was insufficient evidence to meet the legal standard to move forward with that claim.
Frazier’s attorney, Kevin G. Little, said he and Frazier are happy to see movement in the case since it was filed shortly before the onset of the coronavirus pandemic.
City officials declined to comment for this story.
Little said he plans to file an amended complaint before the May 5 deadline to include new claims against the city, including how a Brown Act investigation prevented a Fresno City Council vote on a settlement and the recent city demands that Frazier provide higher insurance coverage for Granite Park.
“There are different rules that apply when it comes to Granite Park,” Little said about the city.
“The bottom line is that at some point, the city is going to have to explain — most likely before a judge and a jury — why we’re getting this special treatment as opposed to any other businesses that are doing business with the city,” Little said.
The lawsuit, which originated as a 2019 claim against the city, alleges former city officials discriminated against and defamed Frazier by prematurely releasing an incomplete and improper audit of Granite Park’s financial practices.
Former Fresno Mayor Lee Brand’s administration wanted Frazier out of the contract for Granite Park so officials could offer the stadium to Fresno Football Club or another developer, according to the lawsuit. The Fresno Foxes left the city in late 2019.
The lawsuit is requesting unspecified damages.
The city owns Granite Park and pays Frazier’s nonprofit to lease and maintain the property.
Frazier and city of Fresno officials have been at odds since the audit was released in 2018. The conflict is politically charged since Frazier is the fiance of Fresno City Councilmember Esmeralda Soria and former Congressman TJ Cox previously was Frazier’s partner for the foundation.
Granite Park quit selling alcohol Friday because it could not provide the amount of alcohol insurance coverage that city officials demanded. Frazier has struggled to meet the city’s requirements and said he would comply with the city’s demand not to sell alcohol until the insurance issue is resolved.