Weitz & Luxenberg, in partnership with Ben Crump Law, filed a lawsuit against Texas Chicken and Burgers for discriminating against five transgender and gender non-conforming customers. According to the complaint, the alleged discrimination occurred on May 27, 2018, at the fast food chain’s Harlem location in New York City.

The plaintiffs and their attorneys announced the lawsuit in front of the historic Stonewall Inn.

“New York law has zero tolerance for transphobia and homophobia,” said attorney Gennaro Savastano. “It is alarming that this type of outrageous conduct could happen anywhere, but especially in New York City. We are eager to seek justice for our clients, and proud to represent them, especially in this current climate where fundamental dignity is at issue and disrespect has been increasingly normalized. You simply cannot discriminate against LGBTQ+ people. And when you do, we will sue.”

The complaint, filed in New York Supreme court on August 9, 2018, indicates the incident took place at the Texas Chicken and Burgers location at 2144 Frederick Douglass Blvd. in Harlem, New York. The complaint alleges that the customers approached the fast food counter and attempted to order chicken wings and chicken tenders, to which the employee replied that both food items were unavailable. When the customers stepped out of line, believing that there was no chicken available at the restaurant, a white cisgender male successfully ordered chicken from the same employee, according to court documents.

In the immediate aftermath of the incident, one of the plaintiffs began recording cell phone video of the cisgender male’s interaction with the employee from Texas Chicken and Burgers. The video shows the cisgender male being served chicken, after the employee allegedly refused service to the plaintiffs, all of whom identify as either transgender or gender non-conforming. 

“Texas Chicken and Burgers must be held accountable for this blatant act of discrimination against the LGBTQ+ community,” said Mr. Savastano. “As president of LGBT Bar Association of Greater New York I am committed to taking action to seek justice for our clients on behalf of the entire LGBTQ+ community to prevent others from being similarly discriminated against in this or any other establishment in the country.”

Weitz & Luxenberg has a strong record of holding corporations accountable for violating consumer rights and safety. Weitz & Luxenberg is a nationwide law firm with decades of experience fighting against irresponsible corporations. Our attorneys have helped consumers get the justice they deserve by holding powerful corporations accountable for their actions. 

Get the Help You Need Today

Free Case Review