Restaurant Settles Out-Of-Court After Receipt Identifies Customer As “McStinkyNi**er.”
Newport Beach, California
A businessman in Orange County really liked visiting the Landmark Steakhouse, but found their treatment of him was peculiar. On one occasion, a steakhouse employee reportedly said to Mark McHenry, who happens to be black, that “black is the new white.” McHenry shook it off and continued to visit, tip generously and even bring friends.
Most businesses dream of having regular customers like McHenry. However, the Landmark Steakhouse isn’t just another business. Following one visit, McHenry took notice of his receipt that referred to him as “McStinkyNigger.” He then dug out other saved receipts only to see himself referred to as “McNigShit” and “McCottonwood.”
In a deposition, Landmark Steakhouse co-owner Mario Marovic said his business does not discriminate “against any group of people on any basis whatsoever.” Furthermore, the restaurant attempted to block McHenry’s lawyers from inspecting the entire history of customer receipts for similar instances. Despite the restaurant’s pleas, U.S. Magistrate Judge Victor B. Kenton allowed the inspection, which resulted in the discovery of an additional 12 instances where receipts included racist comments.
While preparations for the case were underway, a bartender who was identified by management as being responsible for the incidents attempted to reach McHenry to let him know that it was just a big joke and to plead for his job. One voicemail recorded the bartender saying, “Yo Mark. Hey it’s [NAME WITHHELD]. Give me a call when you get a chance man. Just wanted to apologize for that tab, dude. You know we were totally jokin’ around.” In a text message on Christmas Eve, he said, “merry christmas! hope to see you soon. we miss you! please forgive us for being stupid. its not the same without you there. luv u bud!” A third message mentioned his dependent family and mortgage.
The case was scheduled to be heard next month. Instead, the two sides have reached an agreement. There was no report on the terms of the agreement, but it is expected that the damages were ‘substantial.’ The bartender who feared of losing his job has also been fired.
Landmark Steakhouse co-owner Mario Marovic |
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