By Megan Sayles
AFRO Business Writer
msayles@afro.com
District Court Judge George L. Russell III recently dismissed a discrimination lawsuit lodged against Atlas Restaurant Group (Atlas), owner of Ouzo Bay, by Baltimore real estate planner, Marcia Grant.
Grant sued the company in July 2020 after she and her nine-year-old son, Dallas, were prohibited from dining at the upscale Harbor East restaurant. At the time, staff asserted that Dallas’ athletic shorts were a violation of the establishment’s dress code, which was posted at the entrance. In response, Grant recorded a now viral video showing a similarly aged White boy dining at the Greek restaurant who appeared to be wearing a similar outfit, but with “khaki shorts” instead of basketball shorts.
Now, years later, a decision has been handed down.
Atlas President and CEO Alex Sm[1] [2] [3] ith released a statement after the court ruling saying his team was pleased with Russell’s decision.
“While incredibly unfortunate, we have long maintained the 2020 incident was purely a customer service issue and most certainly was not a case of discrimination or racial bias in any form, which was confirmed by the court today,” said Smith.
“Atlas Restaurant Group will continue embracing the core values of diversity, equity, inclusion and belonging,” said Smith. “These foundational pillars create Atlas’s strong work culture and vibrant Baltimore community. Atlas will continue building and promoting a culture that celebrates diversity in all its forms.”
Russell ruled that Grant did not have sufficient evidence to prove that Atlas intentionally discriminated against her and her son based on their race and granted the hospitality group’s motion for summary judgment, forgoing a trial.
“I respect the court’s decision. There was some disappointment in the outcome, but it was short-lived,” said Grant. “I quickly resolved that the win is in the pursuit of what’s right. The win is progress. It can never be said that I didn’t make an impact, that I didn’t move us forward.”
Much of Grant’s case centered around whether the White child was wearing gym shorts, like Dallas. At the time, Atlas’ dress code, which was amended after the incident, prohibited activewear, gym clothing and gym shorts. Russell concluded that while Dallas was wearing basketball shorts, the White child was wearing khaki or “Bermuda shorts,” according to court documents.
Grant also alleged that Atlas, as a restaurant group, had engaged in a known pattern of discrimination. During the case, affidavits from two former employees of other Atlas restaurants recounted perceived incidents of discrimination.
One alleged that they witnessed Loch Bar deny service to a Black woman wearing leggings and a button-down shirt over a tank top, which they believed to be because of her race. The other asserted that Azumi was on “higher alert” with the attire of patrons of color when compared to the dress of White customers.
An employee that worked for Ouzo Bay during the incident, Rafael Coppolla, also made an affidavit claiming that he complained to a manager about a server who avoided waiting on a Black couple, but was told he was exaggerating.
The court ruled that these statements were hearsay and conclusory opinions, which are not admissible evidence.
“‘Not guilty’ does not mean ‘innocent.’ It simply means that after administering the rules set forth by the court, which is usually a high bar and rightfully so, the court could not find guilt,” said Grant. “That is a very important concept and distinction that must be understood.”
“In a similar fashion, the judge presiding over our case that it did not meet the bar that is set forth to proceed with a federal discrimination suit,” she added. “This means just that and nothing more. It does not mean that this was not discrimination. Guilty people walk everyday, especially when they have the means to be well-represented.”
Since the incident, the restaurant group revised its dress code policy so that children aged 12 and younger, who are accompanied by an adult, do not have to follow it.
Megan Sayles is a Report For America corps member.
