Denny’s target of $28 million bias lawsuit

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Seven Arab American men filed a $28 million lawsuit against a Denny’s restaurant in Florida, saying the manager had them ejected after saying, “We don’t serve bin Ladens here,” their lawyer said Thursday.

Seven Arab-American men filed a $28 million lawsuit against a Denny’s restaurant in Florida, saying the manager kicked them out and told them, “We don’t serve bin Ladens here,” their lawyer said on Thursday.

They sued the restaurant owner, Restaurant Collection Inc., and former manager, Eduardo Ascano, saying they were harassed, humiliated and refused service at the Denny’s in Florida City, southwest of Miami, in January 2004.

Lawyer Rod Hannah said the men had not ruled out an additional lawsuit against the Denny’s chain, which paid about $54 million in 1994 to settle a discrimination suit filed by black customers.

Denny’s said the allegations were without merit. Restaurant Collection could not be reached for comment.

The Florida lawsuit said the men visited the restaurant early in the morning of Jan. 11, 2004, and after long delays, were seated, given menus and served drinks.

‘Bin Laden is in charge’
After waiting more than an hour for their food while later customers were served, they asked twice about their order. The lawsuit said Ascano told them, “Bin Laden is in charge of the kitchen.” Asked about the reference to the al-Qaida leader, he swore and told them, “We don’t serve bin Ladens here” and ordered them to leave, the lawsuit said.

The lawsuit said that violated Florida’s Civil Rights Act by discriminating in public accommodations and that the owner was negligent in retaining a manager with a record of treating customers rudely and in a discriminatory manner.

The lawsuit was filed in Miami-Dade County Circuit Court on April 22 and asks for $4 million for each of the seven men, who live in the Boca Raton area. They are of Egyptian, Lebanese and Syrian descent and all but one are U.S. citizens, Hannah said. One owns a restaurant.

“They are all earning a living and are respectable and respectful citizens,” Hannah said.

Conflicting accounts
The two sides gave conflicting accounts of police involvement in the incident.

The lawsuit said a police officer who was a patron in the restaurant shouted at the plaintiffs to “Get out! Get out!” and threatened to arrest them when they asked her to make out a police report about the restaurant manager’s behavior.

Denny’s Corp. said “the guests became so enraged with the franchise manager trying to address an unfortunate delay in service that a police officer who happened to be dining in the restaurant during the late-night incident found it necessary to eject the party for their extreme behavior.”

No arrests were made, and the plaintiffs’ left after paying for their drinks, their attorney said.

Restaurant Collection is a Florida company that owns the Denny’s franchise where the incident took place. Denny’s Corp., a chain based in Spartanburg, S.C., has 549 company-owned and 1,036 franchised restaurants in the United States.

Company denies allegations
Denny’s Corp. said in a statement that the discrimination allegations were without merit and that it was confident the company would be vindicated.

After the 1994 settlement with black patrons who said they were denied service or made to pay in advance, Denny’s apologized and has greatly increased minority ownership of its franchises and minority hiring at restaurants and suppliers.

The men first filed a complaint with Florida’s Commission on Human Relations, which said in January there was reasonable cause to believe they had been discriminated against.

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