Brian R. Mildenberg, Esq. has been named a Superlawyer-Rising Star by Law and Politics Magazine in the years 2005, 2006, 2007, 2008, 2010, and 2011. Only 2.5% of all Pennsylvania attorneys are named as Rising Stars. Read about the selection process here..
FEBRUARY, 2012: Our firm is now known as Mildenberg Law Firm, P.C.
In a nationally recognized case, Mildenberg Law Firm, PC represents children and parents against the Valley Swim Club in a federal class action lawsuit filed by the firm in July, 2009. Other case updates appear below.
UPDATE: JANUARY 8, 2010: NAACP, PHILADELPHIA BRANCH, ET AL., v. US AIRWAYS ET AL. CLASS ACTION FOR RACIAL DISCRIMINATION ON BEHALF OF ALL AFRICAN AMERICAN US AIRWAYS PHILADELPHIA EMPLOYEES FILED BY NAACP, PHILADELPHIA BRANCH, REPRESENTED BY MILDENBERG AND STALBAUM, P.C.
The law firm regularly provides pro bono services in cases of public interest and financial hardship. _____________________________________________________________________
BELOW ARE RECENT UPDATES.
UPDATE- SEPTEMBER 22, 2009
RE: The Valley Club/Swimming Pool Discrimination Case
Today, the Pennsylvania Human Relations Commission (“PHRC”) issued Terms of Adjustment and a formal finding of Probable Cause against the Valley Club and in favor of our clients, an African American mother and her minor child, whose names are being withheld to protect the child’s identity. The decision is a formal finding by the Pennsylvania Human Relations Commission “that probable cause exists to credit the Complainant’s allegations that the Respondent [the Valley Club] refused and denied the Complainant’s child the accommodations, advantages, facilities or privileges of its public accommodation and commercial property, including the use of its swimming pool, due to the child’s race, Black/African American in violation of Section 5 of the Pennsylvania Human Relations Act, 43 P.S. 955.” [PHRC Decision at 32].
In addition, the PHRC decision specifically notes that “in 2009, the Respondent [the Valley Club] had a total if 155 paid memberships, none of whom were African American.” In 2008, according to the decision, there were “179 paid memberships, none of whom were African American.” [PHRC Decision at 5].
In addition, the PHRC decision specifically notes that “in 2009, the Respondent [the Valley Club] made a concerted effort to expand the geographic range of its membership by engaging in a marketing campaign…. The Respondent efforts were mainly directed at areas with overwhelmingly Caucasian populations…. The Respondent made no effort to direct such marketing efforts at areas with significant African American populations….” [PHRC Decision at 31].
GUARDIAN CIVIC LEAGUE, PHILADELPHIA CHAPTER OF THE NATIONAL BLACK POLICE ASSOCIATION, NAACP, PHILADELPHIA BRANCH, and NATIONAL ASSOCIATION OF BLACK LAW ENFORCEMENT
OFFICERS, PLAINTIFFS, V. DOMELIGHTS.COM ET AL., DEFENDANTS
OUR LAW FIRM REPRESENTED THE PLAINTIFF POLICE AND CIVIL RIGHTS ORGANIZATIONS AGAINST THE PHILADELPHIA POLICE DEPARTMENT IN CLAIMS TO STOP A RACIALLY HOSTILE WORKING ENVIRONMENT CREATED BY THE USE AND OPERATION OF A RACIALLY OFFENSIVE WEBSITE, DOMELIGHTS.COM, IN THE WORKPLACE.
PLAINTIFFS FILED A MOTION FOR AN IMMEDIATE FEDERAL INJUNCTION AGAINST THE
PHILADELPHIA POLICE DEPARTMENT AND SERGEANT "McQ," THE FOUNDER OF THE
RACIALLY OFFENSIVE WEBSITE KNOWN AS DOMELIGHTS.COM, TO CEASE DOMELIGHTS.COM'S
CREATION OF A RACIALLY ABUSIVE ENVIRONMENT FOR AFRICAN-AMERICAN PHILADELPHIA
POLICE OFFICERS.
SHORTLY AFTER THE MOTION WAS FILED, IN A VICTORY FOR THE PLAINTIFFS, THE CITY OF PHILADELPHIA BANNED ACCESS TO THE DOMELIGHTS.COM WEBSITE FROM ALL CITY COMPUTERS AND THE SITE WAS BANNED FROM THE PHILADELPHIA POLICE DEPARTMENT. SHORTLY THEREAFTER, THE SITE WAS TAKEN DOWN FROM THE INTERNET AND THE CASE WAS SETTLED. THE FEDERAL COURT HAS RETAINED JURISDICTION OVER THE SETTLEMENT TERMS INCLUDING ENHANCED POLICIES, ADDITIONAL POLICE TRAINING, AND CONTINUATION OF AN INTERNAL AFFAIRS INVESTIGATION INTO THE SITE. THE SETTLEMENT ALSO CONTAINED ADDITIONAL TERMS IN FAVOR OF PLAINTIFFS.
OUR LAW FIRM IS PROUD TO REPRESENT THE PLAINTIFFS IN THIS CASE. ____________________________________________________________________
UPDATE- JULY 12, 2009 MILDENBERG & STALBAUM, P.C. FILES LAWSUIT SEEKING CLASS ACTION STATUS AGAINST VALLEY CLUBREGARDING ALLEGED RACIAL DISCRIMINATION AT VALLEY CLUB POOL ON BEHALF OF AN AFRICAN-AMERICAN MOTHER AND HER 5 CHILDREN
FIRM HANDLES CASE PRO BONO
From: The Philadelphia Inquirer Posted on Sun, Jul. 12, 2009
Swim club in racial flap plans to invite camp back
By Vernon Clark INQUIRER STAFF WRITER
The Montgomery County swim club that sparked a racial furor when it disinvited a Philadelphia day camp of mostly black and Hispanic children last month wants to invite the group back, a club official said today.
"The board decided we would reach out to Creative Steps to . . . get the kids back to the club in a safe environment," John G. Duesler Jr., president of the Valley Club in Huntingdon Valley, said late this evening. A storm of controversy has surrounded the club since it barred a return by Creative Steps' 65 children after the group's first visit there June 29. Asked why the club was reversing course, Duesler said, "Because it's the right thing to do." How the new overture will go over with officials and families at Creative Steps Inc. of Northeast Philadelphia was not clear. Duesler said he had "reached out" with his conciliatory message to Creative Steps director Alethea Wright "in e-mails, phone calls, and texts. I have not heard back yet." "They should have done that before," Wright told CNN this evening. "These children are scarred. How can I take those children back there?"
A lawyer whose firm filed a discrimination lawsuit against Valley Club on Friday on behalf of an unnamed Creative Steps mother with four children said today that the club's overture would put the suit on hold. "We find this to be a very positive development," said the lawyer, David Mildenberg. "We applaud the club's decision."
Mildenberg & Stalbaum P.C. had sued Friday in U.S. District Court for the Eastern District of Pennsylvania.
"We are hopeful that a resolution will be reached that allows these children to return to the club," said Mildenberg, who said his Philadelphia firm was handling the suit on a pro bono basis. On June 29, 65 children from Creative Steps made their first visit to the club and heard members make racial remarks and saw parents escort their children from the pool. On July 3, the Valley Club refunded a $1,950 check to the camp to terminate the deal that allowed the children, from kindergarten through seventh grade, to swim there. Club member Amy Goldman said those at a hastily called meeting at the club yesterday afternoon agreed to reinstate the memberships of Creative Steps and two other day camps as long as safety issues, times, and terms could be agreed upon, according to the Associated Press. The ouster of the children prompted protests at the club the last few days. Other clubs have offered their pools to the campers. The Pennsylvania Human Rights Commission is investigating, and Sen. Arlen Specter (D., Pa.) has asked the Justice Department to see whether the club violated the Civil Rights Act of 1964. ___________________________________________________________________ Our contact information is as follows:
MILDENBERG LAW FIRM, P.C. formerly known as MILDENBERG AND STALBAUM, P.C. Attorneys at Law 123 S. Broad Street, Suite 1610 Philadelphia, Pennsylvania 19109 Tel: 215-545-4870 Fax: 215-545-4871 Email: brm [at] milandstal.com Please check back soon for updates to the site. We look forward to hearing from you.