ClassAction.com Attorney Michael Hanna
Miami, FL (PRWEB) September 29, 2016
On September 29th, 2016, ClassAction.com civil rights attorney Michael Hanna filed a discrimination lawsuit against Florida restaurant Los Perros, alleging that the restaurant violated state and federal public accommodations and anti-discrimination statutes.
According to court documents, a receipt, upon which a racial slur appears to be printed multiple times, was submitted as evidence in the filing. The customer that allegedly received this receipt is the Plaintiff, Frantz Leger, a black resident of Florida.
Discrimination Allegations
According to the lawsuit, on July 2nd, 2015, Mr. Leger allegedly ordered a meal at Los Perros restaurant in South Beach, Florida, and was given a receipt for the transaction.
According to court documents, the lawsuit alleges that there was a racial slur written twice on the receipt: first, in the section of the receipt that requests the table number, and again in the section of the receipt that requests the order number.
According to the filing, the server, Kissila, who allegedly handed Mr. Leger the receipt, resigned from her employment on her next scheduled shift due to distress about the customer’s discrimination claims.
Los Perros’ Alleged Response to the Discrimination Claims
According to court documents, Los Perros allegedly countered the claims of discrimination by claiming that the racial slurs were printed in error, and at one point allegedly submitted a completely different receipt to the Florida Commission on Human Relations (FCHR).
The receipt alleged as different than the original, as noted by the FCHR in court documents, does not contain racial slurs, and shows a date different from the one on the original receipt. Court documents suggest that the receipt provided by Los Perros as supposed evidence that no discrimination occurred is likely not the receipt originally given to Mr. Leger.
In addition, court documents pertaining to the FCHR investigation allege that Los Perros suggested the racial slur was entered into the computer system unintentionally, as a result of the system’s autocorrect feature. Court documents suggest that the FCHR found Los Perros’ claim that autocorrect was the cause of the racial slur to be unsubstantiated.
Court documents show that the FCHR determined that the Complainant had reasonable cause to proceed with the lawsuit on September 19th, 2016. According to the filing, the designation of reasonable cause indicates that there is reason to believe an unlawful practice may have occurred.
Alleged Violations of Civil Rights Laws
According to court documents, the lawsuit alleges that by printing a racial epithet twice on a customer’s receipt, the Defendant may have violated civil rights statutes designed to protect individuals against discrimination.
As noted in the lawsuit, the Civil Rights Act of 1964 prohibits discrimination on the basis of race in public accommodations. The Florida Civil Rights Act of 1992 echoes federal legislation in its assertion that discriminatory practices are prohibited in public spaces, including “facilities principally engaged in selling food for consumption on the premises.”
According to the filing, the lawsuit alleges that Los Perros violated public accommodation provisions of the Florida Civil Rights Act of 1992, Title II of the Civil Rights Act of 1964, and the Civil Rights Act of 1866.
ClassAction.com is part of the Complex Litigation branch of nationwide plaintiff’s law firm Morgan & Morgan. Michael Hanna is an experienced class action civil rights attorney who has litigated discrimination cases in Florida and throughout the United States.
CASE INFORMATION:
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION
FRANTZ LEGER, individually, Plaintiff, vs. MI COLOMBIA BAKERY, INC., d/b/a LOS PERROS, a Florida For-Profit Corporation, Defendant.
Case 1:16-cv-24158-XXXX
Full Complaint