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AZA Gets Lawyer’s Discrimination Lawsuit Against Post Oak Hotel Tossed
January 30, 2025

HOUSTON – A federal judge this week dismissed personal injury lawyer Willie Powells’ lawsuit against the Post Oak Hotel that claimed he was asked to remove a baseball cap only because he is Black, even though the hotel’s dress code bans baseball caps, beanies and bucket hats.  

U.S. District Judge Lee Rosenthal tossed the 2023 lawsuit, finding that Mr. Powells incorrectly insisted the “but for” reason he was asked to remove the cap is because he was the only Black person in the hotel’s bar. The judge found the evidence showed the “but for” reason Mr. Powells was asked to leave was because he failed to remove the cap, which violated the hotel’s dress code that employees were trained to enforce.  

Mr. Powells, who is known for his “Win with Willie” billboards around town, complained that all other patrons of the hotel’s H Bar that day were white, and some were wearing cowboy hats and ripped jeans and were allowed to stay. He was there for a business meeting and wearing a suit with his cap. 

In granting the summary judgment AZA requested, the judge noted that cowboy hats were specifically allowed by the hotel dress code. She noted in her ruling that in Texas, cowboy hats are accepted even at many formal and business events while baseball caps are considered less formal and less appropriate headgear for some occasions. 

“In Texas, cowboy hats are often made of expensive materials, including felt consisting of fur and wool, and are hand-tooled and decorated. Such hats are fashion accessories, not work clothes,” Judge Rosenthal wrote in denying Mr. Powells’ federal discrimination claim. His claim for pain and suffering had already been dismissed by the court. 

AZA lawyers provided the judge copies of the hotel training slides for employees that clearly showed which hats were acceptable under the dress code and which hats were not. The Post Oak Hotel and H Bar are owned by 1600 West Loop South, LLC, the legal entity Mr. Powells sued. The hotel is owned by Tilman Fertitta, chairman and CEO of the Landry’s empire. 

“We are glad Judge Rosenthal recognized that the hotel had a clear headgear dress code that was explained to Mr. Powells by hotel staff that day. Actual racial discrimination is important to address, but this was not an example of that serious problem,” said lead AZA lawyer Sammy Ford IV. He handled the case with AZA partner John Zavitsanos and associates Karina Sanchez-Peralta and Jarmonique Smith.  

The case dismissal has been covered by Bloomberg in “Houston Bar Prevails Over Black Lawyer’s Baseball Cap Bias Suit.”  The lawsuit drew considerable media attention when it was filed in October 2023. Mr. Powells even provided some media representatives with video of a portion of the conversation, which he recorded on his phone.  

The lawsuit is Willie Powells v. 1600 West Loop South, LLC, U.S. District Court, Southern District of Texas case number 23-cv-3790. 

AZA, or Ahmad, Zavitsanos & Mensing, is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, healthcare, intellectual property and business dispute cases. AZA is recognized by Chambers USA 2024 as among the best in Texas in commercial law and intellectual property; has been listed by Best Lawyers’ Best Law Firms as one of the country’s best commercial litigation firms for 13 years; has been named Litigation Department of the Year by Texas Lawyer three times; and was previously dubbed a Texas Powerhouse.   

1221 McKinney St, Suite 2500, Houston, TX 77010 | (713) 655-1101
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1221 McKinney St, Suite 2500
Houston, TX 77010
(713) 655-1101

© 2025 All rights reserved.

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