SIOUX FALLS, S.D. (KELO) — Two cross-country truck drivers who said they were refused service at the Sioux Falls Denny’s have filed a lawsuit against the restaurant corporation and its franchise owners. The suit filed in U.S. District Court in South Dakota on July 17th alleges the truck drivers were discriminated against on the basis of their race.
According to court papers, the two men from Pennsylvania were tag-teaming their way from the West Coast to the East Coast. We spoke with them in 2023. Damon Whitfield and Hector Madera say it all started when they stopped to grab a bite to eat at the Denny’s restaurant. Shortly after it happened, we spoke with the two men, who stated that the waitress had ignored them and served other customers who arrived after them.
“‘We just want to let you know that we are ready to place an order.’ And then she goes, ‘Well, you know what? I’m not serving you people. As a matter of fact, you can get your stuff and go now, or I’m calling the cops.’ And that’s when I’m like, ‘Are you serious?’ And she snatches the menu and snatches the orange juice, and then she storms off, and then she called, and then she was on the phone,” Whitfield said.
At one point, Madera says he tried to salvage the situation
“You know, I waited for her to finish her conversation, and I walked up to her and I said, ‘Excuse me, I apologize, maybe we got off on the wrong foot. Maybe there was a misunderstanding,’ and immediately she just went from, ‘No, there is no misunderstanding. I want you people out of here. You people need to leave and the police are on their way,'” said Madera.
Denny’s released a statement that, in part, says: “We regret this incident and want to apologize to the guests involved. Clearly, we fell short of our own standards that day and are committed to making it right. As a matter of practice, we do not comment on any specific legal matters, pending or otherwise.”
According to the lawsuit, the two men suffered “economic loss, humiliation, embarrassment, emotional distress, and unlawful deprivation of their federally protected right to enjoy equal treatment.”
“I was humiliated. We were humiliated. I had to walk out of there with my head down, just ashamed of the fact that you know, at this point we can’t put up, I wouldn’t put up any sort of resistance,” Madera said.
The two men are seeking damages of no less than $4,000,000 and additional punitive damages.
They are requesting a jury trial in Sioux Falls.
In 2023, Denny’s released a statement stating that the waitress who refused to serve the men had been terminated and employees at the restaurant had received additional training.
