Jury to decide if airport merchant suffered unfair eviction

Adrienne Packer

Tuesday, June 1, 1999 | 11:25 a.m.

Las Vegas businessman Gary Naseef desperately wanted his coffee stand at McCarran International Airport to be a success under Clark County's disadvantaged business enterprise (DBE) program.

On that, lawyers representing Naseef, the county and the airport master concessionaire Host Marriott can agree.

Why it failed to be certified as a DBE, however, depends on which attorney is making his presentation to the jury seated inside Clark County District Court Judge Michael Cherry's chambers.

Naseef is suing the county and Host Marriott for targeting him when they, according to the lawsuit, continually refused to issue DBE certification and eventually evicted Las Vegas Gourmet Coffee Corp. from the airport terminal.

Naseef believes he should be rewarded $3 million for the loss of his business. The jury, which began deliberating Friday afternoon, might have a ruling as soon as this evening.

"This is a case about the death, the killing of a little business," Naseef's attorney John Peter Lee, said. "How was it killed and who was responsible for its death?"

Naseef was one of several business owners to apply in 1995 for a DBE certificate. The federal government created the program to help minorities start their own businesses. Federal regulations require 10 percent of airport concessionaires to be owned by minorities or women; the county upped its own goal to 20 percent.

The coffee company won a contract in September 1995, after Naseef assured county commissioners his wife, Jackie Turner, who is black, was the controlling owner of their new business.

The couple was given 75 days to receive their certification and open their kiosk, but because it could not be proven that Turner owned more than half of the business they asked for a deadline extension.

In March 1996, the county allowed Naseef to open his business and gave him one year to comply with the DBE requirements. During that year, however, Naseef was divorced from Turner and was desperately trying to bring in minority partners. His deadline was ultimately extended to Dec. 31, 1997.

Naseef's attorney Lee said the business owner never had a chance because county officials told him the only way the coffee stand would be DBE certified was if he pulled out of the operation.

Lee also said county officials discouraged potential business partners from investing in any venture that involved Naseef.

When Host Marriott delivered an eviction notice to Naseef on Jan. 2, 1998, he again asked for an extension and his attorney assured officials that a business transaction was forthcoming.

Naseef's final attempt to receive certification came under the name Coffees of the World Inc., whose main partners were women. The application was turned down.

"Why are we here?" Lee said. "We're coming here because we feel what happened at the airport with this little business was completely unfair."

Lee said Host and the county allowed Naseef to open his business for a year to help meet its 20 percent quota. Host Marriott attorney Paul Hijmanowski said it was simply an attempt by the master concessionaire to help a small business along.

"In return for three extensions, we have a lawsuit against Host and the county," Hijmanowski said.