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Resturant Racial Discrimination and Profiling

Posted by Mark Nicholson | Sep 21, 2023 | 0 Comments

Black Truckers Denied Service at Denny's

Indiana Civil Rights Attorney
Racial Discrimination

Legal News: Last month, two Black men who had quietly attempted to buy breakfast were not served, according to Damon Whitfield and Hector Madera. Another employee at Denny's phoned 911 on the males when they were not served.


Denny's employee's assertion that Whitfield and Madera were being disorderly and combative was completely untrue. 

They are two hard-working men trying to get a bite to eat before they go back to work just like anyone else. Instead, because they were Black, the waitress treated them unfairly, embarrassed them, and placed them in a dangerous situation. 


The Philadelphia-based Black truckers are described as "unruly" and "very confrontational" in a recently released 911 call. The caller also claims that the men are harassing the team and following them around the restaurant.


Michael Fletcher, a regional manager for Denny's who is also from Sioux Falls, dialed 911. 


Whitfield and Madera are shown quietly seated at their table in the incident's video, while the waitress tends to white guests who entered the restaurant after the Black guys while ignoring them.

Police officers evaluated the situation after they arrived on the spot. After a short exchange, one of the policemen can be heard saying, "I'm sorry that happened to you," to Whitfield and Madera.


This waitress probably thought she could shout 'angry Black men' and the police would just support her bigotry.  These officers are really lucky that they picked up on the dog whistle. Otherwise, a tragedy might have resulted from this.


Indianapolis Civil Rights attorney Mark Nicholson said, “This appears to be racial discrimination. Honestly, after being treated like that, I wouldn't feel comfortable eating there.”

Indiana Civil Rights Attorney

If you or someone you know were discriminated by a restaurant, please contact the Law Office of Mark Nicholson. Call 317-219-3402!

About the Author

Mark Nicholson
Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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