The state attorney general has launched a probe into Barneys and Macy's after four complaints about alleged racial profiling at the New York City shopping havens surfaced in the past week, the Daily News has reported.
Eric Schneiderman's office on Monday sent letters to both retailers seeking an array of information on their policies for stopping, detaining and questioning customers based on race.
They have until Friday to comply, according to the letters obtained by The News.
"Attorney General Schneiderman is committed to ensuring that all New York residents are afforded equal protection under the law," Kristen Clarke, who heads the AG's civil rights bureau, wrote to Barneys CEO Mark Lee and Macy's Chief Stores Officer Peter Sachse.
"The alleged repeated behavior of your employees raises troubling questions about your company's commitment to that ideal," Clarke told both.
Clarke wrote in the letter to Sachse that Macy's alleged actions are even more egregious because it has been accused of profiling black customers in the past.
In 2005, the state attorney general's office, then under Eliot Spitzer, filed a federal lawsuit against Macy's that claimed racial discrimination of black and Hispanic customers.
Macy's at the time denied any wrongdoing, but the suit was resolved after the company agreed to pay $600,000 in damages, create a position of security monitor, develop regulations on handcuffing, and keep a database of records of all detentions.
"Given this prior settlement agreement, these new allegations are particularly troublesome," Clarke's letter says.
In addition to the two most recent cases of alleged profiling at Macy's over the past week, Clarke wrote that Schneiderman's office had received "a number of similar complaints."
In her letter to Barneys, she cited news reports that two black customers may have been falsely accused of committing credit card fraud.
She said the reports and "additional information" that her office reviewed "suggest that Barneys may be engaging in a potential pattern of unlawful racial profiling of customers."
Clarke warned in her letters that the stores may be in violation of state and local civil rights law prohibiting "racial discrimination in places of public accommodation."
A Macy's spokeswoman, Elina Kazan, said she was unaware of the letter and had no immediate comment. Barneys did not immediately respond for comment.
The attorney general's office refused comment on the probe.
The "shopping while black" complaints have sparked an outcry, leading the Rev. Al Sharpton to threaten a boycott of Barneys unless it takes action to address the issue.
Lee is slated to meet with Sharpton Tuesday morning at the National Action Network in Harlem. They will be joined by Kirsten John Foy, president of NAN's Brooklyn chapter.
The allegations have also stirred up criticism of Jay Z, the Brooklyn-born rapper who's partnering with Barneys for a holiday sale of luxury merchandise that debuts Nov. 20.
An online petition has garnered more than 16,000 signatures calling for the rap mogul to pull out of the deal.
Schneiderman's office has ordered Macy's and Barneys to turn over the total number of stops and detention of customers between Oct. 15, 2012, and Oct. 15, 2013, sorted by race and national origin, and all documents pertaining to those incidents.
In addition, the office is seeking all complaints of customer discrimination received in the past year, as well as the anti-discrimination policies in place as of Oct. 1, employee training on those policies and copies of all contracts with private companies that provide store security.
Clarke gave both stores until Oct. 30 to contact the AG's office to set up face-to-face meetings on the matter.
The News on Monday reported that Art Palmer, 56, filed a grievance with the Civilian Complaint Review Board after he said he was surrounded by NYPD cops outside Macy's Herald Square store after making a legitimate purchase of shirts and ties on April 24.
Last week, Rob Brown, a 29-year-old actor in the HBO show "Treme," said he was handcuffed and detained for an hour on June 8 after being falsely accused of using a stolen credit card to buy his mother a $1,350 watch at Macy's.
Trayon Christian, 19, sued Barneys after he said he was detained by cops for using his debit card to buy a $349 Salvatore Ferragamo belt at the store in April.
And Kayla Phillips, 21, said she was stopped by undercover police and accused of credit card fraud after she bought a $2,500 designer bag at Barneys on Feb. 28.
None of the four was charged.
Meanwhile, state Sen. Ruben Diaz (D-Bronx) on Monday called for investigations by the U.S. attorney's office as well as by the city and state human rights offices.
He said he had just learned that a Hispanic shopper was allegedly detained on suspicion of shoplifting after trying to return a coat legitimately purchased with cash at Macy's 34th St. flagship store in 2009.
Brooklyn pastor Clint Miller will lead a picket of Barneys midtown store on Wednesday afternoon.
State Attorney General Eric Schneiderman's office is seeking the following information from Barneys and Macy's:
1) The total number of stops and detentions of customers by race or national origin between Oct. 15,2012 and Oct. 15, 2013.
2) All documents pertaining to stops and detentions.
3) Customer discrimination complaints received within the last year.
4) Store policies pertaining the stopping, detaining and questioning of customers.
5) Policies and procedures for contacting law enforcement regarding its customers.
6) Copies of contracts or agreements with private security firms, law enforcement agencies or other entities that provide store security.
7) Training materials for store personnel.
8) Anti-discrimination policies in effect as of Oct. 1, 2013.
9) A copy of Macy's "Trespass Notice."
- NYDN
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