Hip Hop clothing store owner locked out of leased space in mall

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BROOKLYN CENTER, Minn. -- The Web site for the Brookdale Center mall proclaims the Harold Pener Man of Fashion clothing chain is "Coming Soon!"

But the mall has locked out its tenant, despite a signed lease, until the Kansas City, Mo.-based retailer agrees to limit the amount of "hip-hop" and "urbanwear" carried at the store, according to a lawsuit filed this week in federal court in Minneapolis.

The lawsuit alleges breach of a lease agreement, as well as federal and state civil rights violations. The plaintiffs are seeking unspecified money damages and court action to force the Brookdale and its owner to honor the lease.

"I have 29 stores in malls from Washington, D.C., to Oakland, California ... and this has never happened before. I am completely dumbfounded," said Barry Pener, vice president of the company that bears his father's name and was founded by his grandfather more than 85 years ago.

According to the lawsuit, the dispute began late last month when Barry Pener was contacted by an official of the company that owns the mall, who told Pener that they did not want "an urban store" at the suburban mall.

When Pener asked whether the mall didn't want African-American shoppers, he was told: "We have a $60 million investment to protect," "We have that area covered," and "We don't need any more of that," according to court filings.

Jim Schlesinger, president of Brookdale owner Talisman Companies in Coral Gables, Fla., said he was led to believe by photos of other Harold Pener stores that the retailer primarily carried men's suits.

That was just the kind of store Schlesinger wanted to add to Brookdale, a four-decade-old shopping center that has undergone extensive renovation in recent years.

"I don't need more casualwear," he said. "I needed a suit store at the mall," Schlesinger said. "I don't care whether it's urban or non-urban, or pink, green, blue or orange -- it doesn't make any difference to me."

The mall owner said Thursday that Harold Pener can resume construction of its 5,000-square-foot store after it agrees to revise its lease to allow for a "fair compromise" on the mix of merchandise at the store for a certain period of time.

Harold Pener attorney Jeff Simon said the retailer clearly outlined the range of apparel and accessories it carries on the first page of the 22-page lease.

Suit sales are a "very prominent part" of Harold Pener's business, Simon said, without being more specific. "Our position is, we've got a signed lease with them, and we intend to live up to it and want them to do the same," he said.