A Black woman named Markesha Futrell-Smith from Colorado has filed a federal discrimination lawsuit on Nov. 28 against Chili’s, claiming that the restaurant refused to serve her and her family until they paid upfront. Futrell-Smith, who was celebrating her birthday with her husband and two children, a 6-year-old and a 9-year-old, at a Chili’s in Denver, alleges that they were the only Black customers in the restaurant that day, The Denver Post reported. The family visited the location at 3625 S. Monaco Parkway, of which Futrell-Smith had been a regular.

According to the complaint filed in Denver federal court on Nov. 28, 2022, after the family was seated, a manager approached their table and insisted that they provide a valid form of payment upfront before taking their order. This demand, the suit claimed, was not made to any other patrons in the restaurant that day. The complaint accuses Chili’s of racial discrimination and contends that the restaurant unjustifiably accused Futrell-Smith of skipping out on a previous meal, an accusation she denies. Despite Futrell-Smith’s efforts to dispute the claim, Chili’s did not take their order that day. The woman first filed a discrimination charge with Colorado’s Civil Rights Division, which found Chili’s in violation of state discrimination laws based on her accusations. Subsequently, she was granted the right to file a federal lawsuit, The Sacramento Bee reported.

Chili’s parent company, Brinker International Inc., is named in the lawsuit. Futrell-Smith is seeking unspecified damages and relief, including punitive damages, for the alleged discrimination and the distress it caused her and her family.

The incident, as described in the complaint, left Futrell-Smith feeling “frustrated, angry, embarrassed, and humiliated in front of her family and the other patrons of the restaurant.” She also expressed concern that similar discrimination could happen to her and her children in the future solely based on their race.

“The incident has caused (her) 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 complaint says. “She is genuinely fearful that similar discrimination will occur to her and her children in the future based on their African American race.”

Chili’s Grill & Bar (Photo: press release, PR News Wire, https://www.prnewswire.com/news-releases/chilis-iconic-logo-undergoes-colorful-change-benefitting-st-jude-childrens-research-hospital-301920542.html)