A Denver Chili’s allegedly refused a Black family dine-in service unless they provided payment upfront, according to a federal lawsuit filed in late November.
Markesha Futrell-Smith alleges in the suit filed in the U.S. District of Colorado against Chili’s parent company Brinker International that the restaurant discriminated against her because she is Black. None of the other customers who were not Black had to provide upfront payment during the April 2022 incident, and the restaurant manager accused her, without proof, of skipping out on meals in the past.
The lawsuit, filed Nov. 28, wants the court to declare the restaurant’s actions described in the complaint are in violation of federal and state law and seeks “compensatory damages to the maximum extent permitted by law.” It also seeks nominal damages and punitive, economic and consequential damages as determined at trial and attorney’s fees and costs.
Futrell-Smith filed a discrimination charge against Chili’s with the Colorado Civil Rights Division which in June issued a for-cause finding that Chili’s violated a state discrimination law.
On April 30, 2022, Futrell-Smith, her husband and their two children went to Chili’s at 3625 S. Monaco Parkway, of which Futrell-Smith was a regular, to celebrate her birthday.
After a hostess led them to their seats, they waited about 10 minutes before a manager came to their table 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.
The lawsuit states Futrell-Smith’s family members were the only Black patrons in the restaurant and no one else was required to pay upfront.
The manager accused Futrell-Smith of not paying for meals in the past but provided no proof of such incidents.
“Futrell-Smith was frustrated, angry, embarrassed, and humiliated in front of her family and the other patrons of the restaurant because of Chili’s false accusations,” the lawsuit states.
Chili’s also does not have a policy that requires upfront payment from people suspected of skipping out on meals in the past, according to the lawsuit.
Futrell-Smith then went to a waiter who had served her several times before to ask if he had reported her for walking out on bills, and he confirmed he had not reported her and that she and her family were “frequent, loyal customers at Chili’s who always paid their bills,” according to the lawsuit.
Futrell-Smith and her family eventually left the restaurant without dining.
A man sitting at the restaurant bar as they were leaving expressed his “condolences for how unfairly” she was treated and said he would file a corporate complaint about the incident.
“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.”
The lawsuit also states Chili’s, as of the case’s filing, had not provided Futrell-Smith a “legitimate non-discriminatory reason” for the denial of service.
Jake Young, a spokesperson for Chili’s, acknowledged the lawsuit but said the company could not comment on pending litigation.
“We value every Chili’s Guest and take the responsibility of fostering an inclusive environment for all very seriously,” Young said. “We do not condone or tolerate discrimination of any kind, as the safety and wellbeing of our Team Members and Guests is a top priority.”
Futrell-Smith is seeking a jury trial. She is represented by Kontnik Cohen LLC in Denver.
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