A federal discrimination lawsuit alleges that a Chili’s restaurant in Denver refused to serve a family of Black customers unless they paid in advance.
The complaint states that Markesha Futrell-Smith went to the restaurant on April 30, 2022, to celebrate her birthday with her husband and two children. When she and her family were seated, the manager approached them and “demanded that Ms. Futrell-Smith provide a valid form of payment upfront prior to taking her order if she wished to dine at the restaurant,” according to the lawsuit filed on Nov. 28.
To justify that request, the manager accused Futrell-Smith of not paying for her meals during previous visits, a practice known as dining and dashing. However, the complaint goes on to say that the manager couldn’t provide any evidence to back up those claims.
Futrell-Smith then approached a waiter named Jacob, who had served her family on different occasions at the restaurant, and asked him point-blank if he had accused her of walking out on her bills. The suit states that Jacob never reported her and said she and her family were “frequent, loyal customers at Chili’s who always paid their bills.”
The complaint also says that Futrell-Smith and her party were the only Black diners in the restaurant that night, and no other customer had been asked to pay for their meals upfront.
As a result of the manager’s actions, Futrell-Smith was left “frustrated, angry, embarrassed, and humiliated in front of her family and the other patrons of the restaurant,” the complaint says.
“As of the date of filing this complaint, Chili’s has been unable to provide a legitimate non-discriminatory reason that (the woman) … was singled out, accused of theft, and denied service without a valid form of payment up front.”
A Chili’s spokesperson sent a statement to the Denver Post, which first reported this story, stating that the company is aware of the lawsuit.
“We value every Chili’s Guest and take the responsibility of fostering an inclusive environment for all very seriously. We do not condone or tolerate discrimination of any kind, as the safety and well-being of our Team Members and Guests is a top priority.”
Colorado’s Civil Rights Division declared Chili’s violated state discrimination laws and allowed Futrell-Smith to proceed with her lawsuit after filing a discrimination charge.
“The incident has caused Ms. Futrell-Smith immense anxiety and fear that when she enters a store or restaurant, she will be falsely accused of shoplifting or thievery, solely due to her African American race,” the lawsuit states. “Futrell-Smith is genuinely fearful that similar discrimination will occur to her and her children in the future based on their African-American race.”
She seeks a trial by jury and wants the court to rule that Chili’s violated both federal and state law. She also seeks compensatory, nominal, economic, consequential and punitive damages and other forms of relief.
