Legal Question in Civil Rights Law in Florida

Discrimination against Seniors, Veterans and Motorcycle riders?

My wife and I are obvipusly Seniors, I had on a Vietnam Veterans tank top and we both had do-rags on, the type most associated with motorcyclists.

A few months ago my wife and I were riding our motorcycle and stopped at McDonalds� on Rt 436 in Casselberry.

We were discriminated against by en employee who was rude and sarcastic. She obviously hates Senior Citizens, Military Veterans and Motorcycle Riders *.

When I tried to order she was argumentative and combative. No matter what I said, she had a smart answer or comment. I asked to speak to her manager and she refused, saying she was handling our order. Well, I have never been spoken to that way in any type of establishment and because this had worked it's way up to being a serious confrontation, I said get your F___ing manager. A woman came over and asked what I wanted. I began explaining the situation and about then the female who started arguing with us went down the aisle with a few other females and you could hear them giggling back there. The 'manager' didn't seem to mind these people not working and instead trying to further insult me and my wife. The 'manager� took the order - did not apologize - and we ate and left. I later called to speak to the owner and got a man who claimed to be a manager who informed me that he would have asked us to leave! He then stated he never wanted us to come back into his location!! I told him I wished to speak to the owner and he hung up on me. A day or so later a man called who claimed to be the owner and was very rude and hostile toward me and repeated the order for us to stay out of his location, forever and hung up on me.

A few weeks later we received a post card from McDonald's in Altamonte Springs, FL offering a free medium extra value meal and thanking us for contacting us with our concerns and offer their sincere apologies for the inconvenience. Signed by Timothy Wright, who may have been the man who claimed to be the owner of the Casselberry location.

* We have asked some of our Senior, Veteran and Motorcycle riding friends if they have ever been insulted or given poor treatment in that location or other McDonalds in Central Florida and many asnwered "yes!".


Asked on 9/08/11, 12:37 pm

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

Dear Fellow Vet:

You certainly were treated rudely and inappropriately.

Was a "tort" committed against you? Probably not from the fact pattern you have given me.

I have had treatment like this in restaurants and I've raised the roof - about the only thing one can get is an apology, and hope the kid is trained correctly.

I think the first thing you did incorrectly was to stoop to the level of the employee by using the f-word. The employee probably uses it every other time she opens her mouth - however, the manager could have asked you to leave - especially if there were young children present.

When I am faced with a situation like this, I always go into a super-nice mode - so the employee can't complain about my behavior. When you are gracious and are met with disdain, in most cases the employee either apologizes or is fired. I also don't want to loose my temper and risk a heart attack.

The owner gave you a free-bee - he didn't have to do anything. Most companies when dealing with an abusive customer will not respond.

The only thing you and your friends could do would be to picket the restaurant - on public right of way, not on the restaurant's property. Do it peacefully and don't use any curse words. Call the press and tell them why you are picketing - one hour of picketing will cost the restaurant many dollars and may get the kid fired and the others trained. Ask the owner to train his employees about treating all people with respect.

There was no crime or any type of legal "tort" (something for which you can sue in court for) committed by the restaurant or the employee.

Stay away from the restaurant. Tell your friends and let any Vet you meet about the treatment Vets get at McDonald's in that area. Picket - use your First Amendment rights to let other people know how you were treated.

No civil rights violation occurred. In order to have a civil rights complaint you would have had to have been denied service based upon the fact you were a "Vet," a "Biker," or "Dressed Differently."

Good luck and don't let the ignorant people get you down.

Sam Mutch

2114 NW 40th Terrace, Suite A-1

Gainesville, Florida 32605

former sailor

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Answered on 9/08/11, 12:58 pm


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