Last April, when Markesha Futrell-Smith and her family went to Chili’s to celebrate her birthday, they were told to pay before they could be served, according to a recent lawsuit they filed. The manager also reportedly accused the birthday girl of previously dining and dashing at their location, despite having no proof that this had actually occurred.
After she filed a discrimination charge with the Colorado Civil Rights Division, a for-cause finding was issued in June “that Chili’s violated a state discrimination law.”
And on Nov. 28, Futrell-Smith filed a lawsuit “in the U.S. District of Colorado against Chili’s parent company Brinker International that the restaurant discriminated against her because she is Black,” The Denver Post reports.
This is uncannily similar to another incident ESSENCE covered wherein Denny’s reportedly tried the same tactics back in 2020 with “a group of Black male diners…at the Federal Way, Washington restaurant” location.
Futrell-Smith’s lawsuit says that she and her husband along with their two children were seated by the hostess after arriving. They then waited approximately ten minutes before a 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.”
The lawsuit also notes how the Futrell-Smiths were the only Black diners in the restaurant at that time, and none of the other patrons had been asked to provide proof of payment before ordering.
“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 reads.
“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 suit adds. “Futrell-Smith is genuinely fearful that similar discrimination will occur to her and her children in the future based on their African-American race.”
Futrell-Smith is seeking “compensatory damages to the maximum extent permitted by law.”
Chili’s spokesperson Jake Young issued the following statement. “We value every Chili’s Guest and take the responsibility of fostering an inclusive environment for all very seriously,” said Young.
“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,” Young continued.
