The Antelope Valley Times

Your community. Your issues. Your news.

Buffalo Wild Wings lawsuit settled

by •

Buffalo Wild Wings Palmdale

PALMDALE – Buffalo Wild Wings and four black men settled the plaintiffs’ lawsuit alleging that a white server at the Palmdale restaurant made a remark with racist undertones before demanding that the men pay or produce a credit card before she would serve them.

Lawyers for De’Andre L. Predom, Terrance Berry, Terry Brown and Darryl P. Douglas filed court papers Tuesday with Los Angeles Superior Court Judge Rita Miller stating that the case was resolved.

Gary Rand and Suzanne E. Rand-Lewis, the lawyers for the four men, released a statement Friday confirming the settlement, adding they could not comment on the terms.

“However, we commend our clients for bringing to light longstanding issues in the region,” the statement read. “We have previously handled other cases involving multiple African-American individuals who were racially profiled at restaurants in the Palmdale-Lancaster area. African Americans were required to pay for food service in advance. In our opinion, this is an institutionalized racist practice which seems to have pervaded the region.”

“Given the worldwide spotlight on the issue of racial profiling, we hope what appears to be a wide spread practice of racial profiling in this region has lessened,” the statement read.

A Buffalo Wild Wings representative did not immediately reply to an email seeking comment.

The suit, filed Jan. 20, named the server, Michelle Rossi, and the restaurant’s manager, Isaac Duran, in addition to Buffalo Wild Wings.

According to the lawsuit, the four men went to the restaurant on 10th Street West on Aug. 12, 2014, and waited until a table was available. After being seated, Rossi approached and took their drink orders, the suit stated.

Predom asked for a beer and his companions requested water, but Rossi told them they had to pay or give her a credit card before she would serve them, according to the lawsuit. The plaintiffs, surprised at the request, asked for an explanation, the suit stated.

Rossi allegedly replied: “I’m not going to pay for anybody’s meal. I’ve had you people run out on me before.”

After Berry told the server they did not feel comfortable paying in advance, Rossi “became upset and walked away in an aggressive manner,” the suit stated.

Reluctant to believe they were being treated different because of their race, the four went to guests at other tables to ask if similar demands were made of them, according to the suit.

“The customers at these tables, all of whom were Caucasian, not of color, advised plaintiffs they had not been requested to do so,” the complaint stated.

The four then complained to Duran, who told them Rossi was adhering to a Buffalo Wild Wings policy and refused to do anything, the suit stated. But after the four told the manager that white guests said they were not treated the same way, Duran apologized and offered them gift cards, which they declined, according to the lawsuit. The four, upset at how they were treated, then left the restaurant, the suit stated.

The alleged discrimination against the plaintiffs contradicts Buffalo Wild Wings’ representations to customers that the restaurant chain wants to “WOW people every day” and for customers to receive “the highest level of satisfaction with an extraordinary focus on friendly service, food, fun and value,” according to their court papers.

–

Filed Under: Business, Palmdale

98 comments for "Buffalo Wild Wings lawsuit settled"

  2. Wow. I can’t tell you how many times I’ve been the target of racially directed comments while living in St. Louis. My son has been called a “cracker” at school, harassed while walking home from school, and alienated from certain events because he’s white. Not to mention the looks I get from “certain” people sends a shiver down my spine. Maybe I should move back to the Antelope Valley, claim racism at a Buffalo Wild Wings, and collect millions? Wait, I forgot that “racism” is a one-sided affair.

    • Racists come in every color. Systemic racism in the US is applied to the advantage of white people.

      • What advantage? Does Affirmative Action apply to white people? No. Was it needed when created? Yes. Is it needed today? No. Is it used as a crutch? Yes. Tell me how being white is an advantage.

      • Hmm. I guess the system is rigged for white success. United White People College Fund? Never heard of it. Only the United Negro College Fund. No White History Month. The systematic advantage is there for whoever wishes to reach for it, but for some of us those rungs aren’t on the ladder.

    • I run a high volume restaurant in Hollywood. We have had 27 walkouts this year alone. We document everyone of them, since its counted as a loss towards taxes. We also have cameras, so we are able to tell who walked out and what they looked like. 7 were Latino. 3 were white, and 17 were black. I’m not discriminating or racial profiling, just listing a statistic from my own experience. It’s a small sample size, but know that we serve everyone from all different backgrounds, it being Hollywood. I would say in a day we serve 200 white, 150 Latino, 100 black, 50 asian, 50 european. So on a percentage basis, you can start to see some parallels.

  3. If I could have, I would of made every one of my guests pay in advance with a 20% tip. But instead I was forced to endure remarks regarding my “whiteness”, my age and a whole lot of “can’t you get a real job?” and pray that the check would get paid and I would get a decent tip to reward my hard work. The general public as a whole are ignorant and really do not need to ever leave their homes. There is no excuse for a customer or a server to be rude and nasty, period. If you can’t afford to pay and leave a good tip then go to Burger King. If you can’t give good service to deserve that good tip then go work at Walmart.

  4. I bet it was the way they were dressed. A well dressed “colored” person will more than likely not be discriminated upon. Please, correct me if I’m wrong. If a “white” person or a “colored” person is wearing a hoodie, pants hanging at or below the buttocks they will more than likely get less than preferential treatment in any establishment, especially a place where there is a dining experience where a pleasant ambiance is expected. Please, correct me if I’m wrong.

    • No correction, but as an observation we have no information on how they were dressed. I always find this interesting though, because my old job was really hard on clothes and I often looked like a ragamuffin, particularly if I stopped for lunch during the day, and I never got discriminated against for it.

      It might also be noted that there was a time that a “pleasant ambiance” was deemed impossible without outright segregation, and we are still cursed with plenty of people who consider those “the good old days.” Hard to say how that relates to this particular situation either.

    • The way Black people dress has nothing to do with stopping discrimination. There are decade old photographs of Blacks who were lynched wearing tailored suits. That is just an excuse to ignore and deflect from the fact that there is systematic racism still corroding this country.

  5. The shoe fits, good for her. Complete joke for a suite four peole looking for an easy buck scaring other patrons. Cheaper to settle than to fiight and the four are laughing all the way to the bank. I’m sure they spent it all already.

    • Amen, Claire. No where is this more evident than here in our beloved Antelope Valley where business, cities, school districts and even VFW posts are subject to ridiculous, costly lawsuits, all borne from greed and lust for power.

    • This “rule of law” stuff definitely sucks. Whatever happened to good old “might makes right” and the big thug gets the spoils?

  7. I honestly think this is ridiculous. While maybe the server poorly chose her words, which she did. This was not a racial issue in my opinion and the fact that all of you are getting so worked up over it just goes to show how these things get blown way out of proportion. Why is this even in the newspaper? It sounds to me like nothing even happened. People are way too sensitive and I do understand that there are a lot of reasons for that stemming from their treatment historically, however this kind of thing only perpetuates the divide.

  8. This saddens me because I was there when this happened and the men lied about what she said and did not even get the full policy. Our policy was to start a tab for any table after 10 pm regardless of race, age, gender etc. because we had been having too many walk outs. That was her first table after ten pm and she was following policy. They were upset about having to produce a card and turned it into a race issue so they could sue and win some money. That’s America for you.

    • If there was an “after ten policy” established there would have been a rock solid defense and no reason to settle.

    • LOL…yeah, poor “whitey.” It’s hard to figure out how us white folks even survive, given the way this entire country is set up against us in so many ways.

      /sarcasm

  10. You people has been used against me a few times and it was a party of 2 other white guys and myself a white guy….. And they asked for a card when we ordered drinks and we asked why we had to open a tab, the comment of you people have ran out on us before….. We joked with her as we people who…. She said guys coming in for drinks only and then bailing….. We laughed and said “damn, our plan has been dashed” and we laughed and handed her a card to open the tab, she laughed and it was nothing…. And on average I probably use a card to open a tab at various restaurants when sitting in the bar area 40% of the time….. In the end of this, the black community as a whole is tarnished even more in this waitresses eyes when instead they could have just given the card to open a tab, told the girl that not all of us black people would run out on you….. They could have been great customers and then a slight chance the girl would have thought twice if she really was racially motivated on what she said…. Which probably happens a lot throughout the country….. But a lawsuit just make more people say and do things racist…. You can’t punish people to not be racist…..

    • Actually, you can. My dad was a flaming bigot. There was no racial slur too ugly to pass his lips…at home. But recognition of potential punishment kept him in check in public. That difference led to me having questions and those questions contributed to who I grew up to be.

      If this waitress is a racist this lawsuit won’t fix her. It may not even change her behavior. But it still works, because ultimately the racists will die off, and corrections (punishments) like this produce questions that will make the people growing up to replace those racists better for it.

    • You’re a flaming bigot Tim! It was passed on to you and you try to pass it on with your comments. Look up the definition Tim and it apples to you. You have said you’re against lawsuits in your past comments, now as you always do, you change your mind because it suits YOUR agenda.

      • Oh, Claire

        Now you’re calling people names when in the past you’ve criticized others for doing that.

        There’s a word for that and here is the definition of it.

        How do you know that Tim Scott and others aren’t here to test your ‘faith’ to see how you respond to others out in the world. I’d say that so far you get an ‘F’.

        1: a person who puts on a false appearance of virtue or religion

        2: a person who acts in contradiction to his or her stated beliefs or feelings

        Does that describe you?

        Of course it does. And the word is ‘h-y-p-o-c-r-I-t-e’ and it fits perfectly…..like a glove.

        Actually, you wear a pair of those tight fitting gloves just to be sure.

        Now, please give us some more examples of your hypocrisy. Your god has blessed you with an endless supply of hypocrisy and little else.

      • Claire, I concede that you have now gotten so deep into irrationality that I can’t even find a way to make fun of you. You are just too far gone.

  11. Blacks bring this upon themselves. They use excuses for committing crimes and then believe they are deserving of no punishment. They steal far more than another other-by far. They are by far the most racist people on the entire planet.

      • Yes this is a complete joke the only discrimination/ racism is reverse. This is a BS lawsuit in this crap state any one can file and claim discrimination but only if it’s reverse. It’s cheaper to settle its a good decision on their part I love BWW. Take the storie of the idiot that stated he only robs white peolpe but yet no hate crime on that. Now reverse that roll and yup Tomscott4mayor you guessed it would be a hate crime. I’m so tired of the BS, discrimination and racism live on because people like you and the other groups won’t let it die. what the heck is with the lame tomtwat4mayor.

  13. I’m well she clearly stated I’ve had you people run out on me before. The article doesn’t say if the guys had eaten there before….s it racist your required to give a card while running a tab up at the bar? No…I bet more than not these guys had ditched on their tab before and that’s what she appears to say. Nothing racist about it. If someone ditch on my tab for sure the next time I’d be holding onto a card before Ibrough them food. I bet they didn’t get much money lol no judge would see this as racist its common sense as a server

    • If somebody ditches and comes back and is recognized they aren’t “you people,” they are just plain “you.”

      The number of people who say “oh, I’m white and I don’t see any racism” would be hilarious if it were not so grotesque. Get some black or brown friends and go places with them and see if you don’t recognize the difference in how you are treated.

    • Nice try Dan, but utter BS. An impartial judge would see this as discrimination. Buffalo Wild Wings probably paid a pretty penny on behalf of Michelle Rossi.

    • The problem is nobody really knows the truth. Though you could be correct- one of them, or all of them, may have very well skipped out on payments prior to this particular visit.. She wasn’t exactly in the right for making that statement.

      I’m positive she doesn’t have to pay out of her pocket when people decide to dash, and if she does I’m pretty sure thats illegal.

      They must really need some money lol

  14. All of these comments missed the point! You want to know why she carded them, experience! I opened the BJ’s Restaurant right around the corner and worked their for almost 2 years. We kept track on purpose those “Dine &Dash”! 96% were Blacks! Yes, it’s sorta wrong to pre~dispose people like that, but those are facts. Most of you will say that’s racist, bcuz that’s what’s been ingrained into your heads. Why is it you can go to ANY MAJOR METROPOLITAN city and ask the police department where is the majority of crime? And they will give you the black neighborhoods? It’s not rocket science people, just a fact of life!

    • Even if the statistics shows that there’s one certain race that will “dine-n-dash,” if you’re going to make a policy, then it needs to pertain to every single customer regardless of race. You can’t discriminate against one race solely based on “experience” which may say that blacks do such-n-such at a higher rate, which means you’re adhering to a stereotype, but if you’re going to punish people you’re to do it to every one equally.

    • Your observations won’t make me say you are a racist. Taking action based on such observation would make you legally liable for being a racist so it is probably a good thing you don’t work there any more.

      As to your experience, your methods aren’t rocket science, or in any way scientific. For example you don’t consider, so certainly don’t control for, influences you may have had on the customers in question.

      I am a pretty heavy tipper and it takes quite a bit for me to get really upset with people who are waiting on me. It seems like EVERY time I go somewhere with a black friend I end up leaving no tip, because we get service from hell. When you say 96% of the people who walked out on you were black I’m not surprised, but I wonder how many were ‘dine and dash’ and how many had just had all they could stand and needed to leave before things got ugly?

      • Your right, Tim, I have had less than adequate service when I come in to an establishment to dine with my “biker” gear on which includes a head bandana as opposed to the usual casual wear. If I go in dressed real nice, I get more than adequate service. By the way, I Am what they like to refer to as “Caucasian” on this planet.

        • The obvious difference being that you get to choose between the biker gear and the well dressed, depending on your needs at the time and how they weigh against your desire for quality service.

          • I am white and my wife is black and we’ve eaten out fairly often over the last 10 years. I can recall having some lousy service from time to time, but never can either of us recall bad service based on race. What I have seen for most of my 50 years of life is that mode often than not, black people create their own ‘racism’ by simply being negative people. In fact, that is so common that it affects people’s baseline reactions. This particular case sounds straight-up racist to be, but those of you claiming that there’s a pervasive culture of racism toward black people in the valley are wrong.

      • Scott, you seem to make alot of excuses trying to justify your comments. How much more scientific can that be? Thousands of customers dine their and 96% who run are black. That’s statistics 101. And no, I wasn’t an influence because I wasn’t a waiter, I was one of several bouncers who was notified everytime a dash occurred. Why is it that blacks always complain that when they shop, they’re always being followed? Those things you try to make excuses for are just reality no matter how you slice it. There’s no argument that the girl made a very poor comment, but not because of being a racist, she was playing the odds just like all those people who follow certain customers around the store. Just experience!! !

        • It’s not scientific because you still make no accounting for outside influences. But I explained that already and you are either unwilling or incapable of differentiating it from your bouncer’s eye view anecdotal “laboratory.” No problem.

  15. So if it was four white guys and a black server..would it have been the same outcome? Ha! Of course not..racism only thrives on because we don’t know when to stop using the “race card”…… Hmmmmmm

    • How does one stop using the race card when we have institionalized racial practices that discriminates against Diners based on their race tm?

  16. it happens to me all the time. The funny part is im married to a beautiful white woman, and this happens when she’s with me. usually we just laugh get up and leave. i wonder when the racist will learn that the world has changed and they are just a old embarrassing relic from a past we would love to forget.

    • Who is this “people” that you suggest should take on this task? What makes you not a people? And if you are not a people, how do you type?

  18. Eat clean. Go home. Pick up a pan. Cook your own food. Problem solved.

    Then when it’s not up to par, you can complain to yourself! They complain of racism, yet there were NO defining descriptors of who the “you people” were. Was she talking about people that suit at the front near the door? Were they intoxicated, maybe she was referring to a drunk. Everyone jumps to the first thing everyone thinks it’s the problem. Have you ever been a front of the house worker? This is pathetic. ” I need monetary gain cause some one hurt my feelings by something that could have been not really harmful. I need the dough.”

    • Said another person who has never been discriminated against, ever.

      If it weren’t so sad, “you people” would be hilariously funny.

      • You’ve not seen nothing like the mighty TIM!

        Hey, Tim? Do you know why my name is Native. It’s because I’m a Native to this town & I’m a card caring Cherokee. Don’t know discrimination. I bet you’re a Washington Red**** fan! Ever hear of Not Your Mascot? No Tim. I’m someone that has been belittled by the likes of your one sided mind all of my life. The thanksgiving assemblies back in school, getting to sing those kindergarten sing alongs that talk about what an “INDIAN” wears. Going to Piute middle school, home off the Braves! Your multi ethnic compassion seems to not acknowledge that it’s seeing RED!

      • You’ve not seen nothing like the mighty TIM!

        Hey, Tim? Do you know why my name is Native. It’s because I’m a Native to this town & I’m a card carrying Cherokee. Don’t know discrimination. I bet you’re a Washington football fan! Ever hear of Not Your Mascot? No Tim. I’m someone that has been belittled by the likes of your one sided mind all of my life. The thanksgiving assemblies back in school, getting to sing those kindergarten sing alongs that talk about what an “INDIAN” wears. Going to Piute middle school, home of the Braves! Your multi ethnic compassion seems to not acknowledge that it’s seeing RED.

        • Not always, and certainly not all, but I know a fair number of blond haired blue eyed people of Native American descent who certainly enjoy the best of both worlds. They can walk into a race discriminating establishment as described here and not lose an iota of the privilege their appearance entitles them to, and then play the abused native card in very practiced fashion as well.

          • So now you are against multiple ethnic backgrounds? Just because my skin isn’t red and I wear a suit means that I’m not one of the true descendants of a group Cherokee moved to Oklahoma and included in the final Dawes Rolls. I see. Your the kind of person that sees everything in black and white!

    • Really so let me get this right ur saying in order to not be discriminated against you should just stay home.Oh ok

      • No. Just get used to the fact that this country is racist. As a native American and a former front of the house worker, I can truly say taking insults about race lightly just comes with the joy of not being full Caucasian.

        If had a dollar everytime the word “Cherokee” invoked the stereotypical hand over mouth movement while making a woo woo woo nose. Been called wagon burner. Red skin. Chief. Savage. Went to Piute, home of the WARRIORS!

        I got used to it because i didn’t have time to potentially ruin someone’s career or take them to court over thing SAID to me! Look up what they did in the past! This is easy street.

        I have bills to pay. Too busy making money and getting ahead to ever look behind!

        The eating clean is me trying to tell you about the cleanliness of the restaurant business! (Insider advice)

      • I’m native American as well, Cheyenne, and in similar aspect, I worked restaurants out in Wyoming where people treated me like garbage because of my ethnic status. I was half breed because my dad was white. You get used to it. It gets old, bit not enough to sue.

      • Im native American as well, Cheyenne, and in similar aspect, I worked restaurants out in Wyoming where people treated me like garbage because of my ethnic status. I was half breed because my dad was white. You get used to it. It gets old, bit not enough to sue.

  19. The worst place in AV to ever dine. Went one time and never again.
    Happy they were sued now maybe they will learn what customer service is all about.

  20. That place has lousy service at best. Was there one time with my daughter & ordered food. Food showed up, but no cutlery.. after a further 15 minute wait we walked out & left the food sat on the table untouched & unpaid for. There were other times when service was just as useless. Gave up going to the place about 4 years ago.

  21. This is sad but how are you guys to say they didn’t have the money there is no way I’m giving somebody my card it to much going on today we can’t trust the workers there they could swipe for something else over charge and u won’t know til it show up . so no I would not give them my card. Smh I really like them to well won’t go to that one anymore av needs to stop n white ppl need stop acting like they better when they’re not .

    • I guess “we” do. Especially as an african american man who pays taxes, pays a little more than my share at times, just to help someone else out. Also, understanding how waiters/waitresses are paid, I usually leave a very hefty tip. It’s different out here, it’s not like eating at Morton’s or Crustacean’s, wait I’ve seen “the privileged” run out at both of these upscale places. So it’s kind of very and I mean very tiny-mined of people to make such lame remarks. When ignorant people say or do ignorant things, consequences follow. I don’t care what ethnicity you are. Have a blessed one.

      Just FYI, it should be as follows:

      “At least those of us with privilege, pay taxes, pay our share and leave a tip.”

  23. That’s discriminating point blank period. If it wasn’t discrimination then the waitress would’ve asked every single person there not just singled the black people out.. We have been going through this for forever so it’s no surprise. Even if it was their policy ask everyone then it wouldn’t have been a issue. Then saying the rude comment after was being racists already. A lot of people never wanna agree but prejudice is sill here and alive and not only do African Americans go through it all races go through it as well.

  24. People stop being so sensitive. If you got money and you’re going to pay give up your card and let the waitress do her job. If that happened to me I would give my card and continue with my meal. It’s really not a big deal. Stop being sensitive…

      • And you know this how? Dude get a life. put the keyboard down, get cable tv, get a dog, anything just walk away.

        • By what was said. The “oh it is no big deal” nonsense is the standard spew from every born on third base “home run hitter” roaming the internet OR the streets of the AV, and believe me I spend plenty of time on both and I am also VERY pleased with my life, thanks.

      • Good on ya Tim for your comment, you are absolutely spot on! Life is far different when you start out with all the benefits of privilege.

        • Thanks. Born on third base, raised by a flaming bigot, not proud of either, but accepting the consequences and trying to use the advantages to good purpose.

  25. I worked at this Buffalo Wild Wings location for over a year and they do have a policy that requires a card to be “pre-authorized” for every table, but that policy only applies when the restraunt is incredibly busy or during special sporting events (Super Bowl, ufc fights, etc.) but I was told when I worked there by a few colleagues that if I am very busy I can or should also ask for cards to pre-authorize to ensure that I don’t have walk-outs. From what I have heard, after I left they put an end to mandatory pre-authorization, but servers do get written up and have disciplinary actions carried out against them if they are walked out on. While I do not agree with what the waitress said, I can attest to the fact that it was a policy, though she should’ve asked all of her tables for cards if she felt it was necessary, not just them.

    • “She should’ve asked all of her tables for cards if she felt it was necessary, not just them.”

      Gee, ya think? How terribly civil rightsy of you. Keep saying things like that people may get the idea that you’ve escaped the first half of the last century.

      • SA-LAPP LMAO. ..come on sheepeople ,every race has it’s dumbasses. U can’t punish the masses for afew Dumbasses ,and you wonder why no intelligent alien life will come to the planet Earth. “But we are so advanced “we can’t even get along on this small planet. Can you imagine spreading “This poison ” through out the galaxy!!!!!… Go figure

  26. Omg, that was so wrong of the restaurant to do such a horrible thing. Yes, people do leave without paying, people of every race and nationality but you can’t blame everyone for the actions of one. Shame on the restaurant, especially the waitress. You would never get me in that place!

  27. This was a lose/lose situation for the server and BWW. If she had served them without them paying first, they probably WOULD have run out on their tab. But since she didn’t, they sued. It probably would have been cheaper just to let them steal the beer and food.

    • what makes you think that they would have? because they’re black? thats the whole point. im black and never would i even thougjt of running out on a check but because im black im expected to? thats total bs

      • Yes J, that is exactly what the racist was anonymously saying. I am as disgusted as you no doubt are.

        • Dude really! ?!? Ok, that’s just like saying all Republicans want to eliminate the middle class, start wars when in office, control oil, lie to the public, keep medical for the rich and and and, some people may think it’s all true ,but I do know “afew of them” and they all aren’t like that. (LMAO ) And for u to classify people because of afew is not only Small minded and shallow but shows how blind u and some people are. Sometimes higher education produces smart people and sometimes. ….we should really
          Re-edge-ah-cate some people n2 the 21st Century

    • Its the “you people” remark that made it racist. Plus, people who file lawsuits on big restaurant chains, aren’t the type that run out after eating and drinking. I’m sure they wouldn’t have declined any free gift cards either. But if you’re looking for a job, I’m sure BWW is hiring now and it seems that you’d fit in just swell.

        • While it is widespread, please accept that it isn’t normal, even here. Like anywhere else we are burdened with our share of racism, maybe slightly more than our share, but there are plenty of people who fight it as well.

          • I went there and waited over 3 hours for the play off for football and put my name on a list and I was number 8 on the list and they gave my table away. I had 15 people in my party that would of spent a lot of money on food and drinks they allowed people to just sit at the table that was there from the last game that had already got there check and was not ordering anything else. I walked out and never returned again. I refuses to give them my money.