Saturday, October 10, 2009

Louisville's Fairness Campaign wants to boycott Woody's Tavern, but Woody's may not be legally operating in Kentucky

After David P. Norton apologized in August for racist and sexist comments made about a year ago, Louisville's Fairness Campaign, a champion for LGBTI civil rights in Jefferson County, is again boycotting the bar owned by David Norton.

David Norton, owner of Woody’s Tavern, went public in August to apologize for comments made a year ago to University of Louisville students and a professor, saying “What came out of my mouth was pure filth.” Now, the Fairness Campaign is pushing for a boycott of his bar, Woody’s Tavern, because of more racist comments he allegedly made there last month.

Checkout their inactive Myspace profile, and the graphics on it. (more)

We conducted a search for Woody's Tavern with the Corporation's Division of the Kentucky Department of State and found no business in the Commonwealth currently or previously incorporated under the name "Woody's Tavern," nor it is listed as an assumed named of any business authorized to transact business in Kentucky, a violation of Kentucky law.

According to Kentucky Alcoholic Beverage Control, David P. Norton holds the alcohol license for Woody's Tavern, and is doing business as "Woody's Tavern," even though he is not registered (and therefore, not authorized) to transact business in Kentucky.

David P. Norton leases Woody's Tavern (the actual site), and even if he is incorporated in Indiana or any other state, he is still in violation of Kentucky law and not authorized to transact business in Kentucky because he has failed to register as a foreign corporation with the Kentucky Secretary of State.

You can get into serious trouble for doing business in Kentucky and not being registered, and thus, authorized. (see Commonwealth of Kentucky Court of Appeals No. 2005-CA-000196-MR)

When not authorized to transact business in Kentucky, or if the Secretary of State revokes your authority to do business in Kentucky, you are personally liable for your actions; there is no "corporate veil" to protect you (a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed).

From the Kentucky Department of State:

Who must file an Annual Report?
Each domestic and foreign corporation, domestic and foreign limited liability company, domestic and foreign partnership, and domestic and foreign business trust must file an Annual Report.

Why must I file an Annual Report?
To assist the Secretary of State in providing the most accurate information to the public, corporations and companies conducting business in the Commonwealth of Kentucky are required by law to file annual reports with the Secretary of State. Failure to file an Annual Report by June 30 will result in a status of bad standing. Failure to file the report by Oct. 31st will result in administrative dissolution or revocation of authority.

Also, the Kentucky Attorney General's Office may pursue and fine companies doing business in the Commonwealth who are not properly registered, or their certificate of authority from the Kentucky Secretary of State's Office has been revoked.

Regardless, if the owner is making sexual and/or racial slurs, as a community we should stand united and boycott it.


Anonymous said...

I agree that we must stand united as a community just as the blacks did when they did not have equality.

Anonymous said...

doi you think they care about a boyicott?

Anonymous said...

the bar is under new ownership, its going to be turned into a latin club now! wooo

curtis said...

I'm not an attorney, but Mr. Norton's business is a sole proprietorship, as opposed to a partnership or a corporation, I don't think he is required to be registered the Secretary of State.

Michael Thomas said...

According to Kentucky Revised Statues, ALL businesses, even a sole proprietorship but be registered because a sole proprietorship is a corporation!

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