Solomon v. Waffle House, Inc.
| Decision Date | 04 November 2004 |
| Docket Number | No. 1:03-CV-2797-ODE.,1:03-CV-2797-ODE. |
| Parties | James SOLOMON; Dara Solomon; Terry Miller; and Hilary Miller, Plaintiffs v. WAFFLE HOUSE, INC. Defendant |
| Court | U.S. District Court — Northern District of Georgia |
Alysa Beth-Ann Freeman, David C. Ates, Miller Billips & Ates, Atlanta, GA, Carolyn P. Weiss, Susan E. Huhta, Washington Lawyers' Committee for Civil Rights and Urban Affairs, Washington, DC, Corie D. Pauling, Henderson Hill, Ferguson Stein Chambers Atkins Gresham & Sumter, Charlotte, NC, Erin P. Drew, Mary E. Kohart, Meghan Cherner-Ranft, Patricia Proctor, Thomas J. Barton, Viktoriya Meyerov, Drinker Biddle & Reath, Philadelphia, PA, for Plaintiffs.
David E. Gevertz, Nancy E. Rafuse, R. Lawrence Ashe, Jr., Sandra Kim, Scott McKown Lenhart, William Bradley Hill, Jr., Ashe Rafuse & Hill, Atlanta, GA, for Defendant.
This race discrimination action pursuant to 42 U.S.C. § 1981 and § 2000a is presently before the Court on (1) Defendant's Motion for Summary Judgment [# 72] and (2) Defendant's Motion for Contempt [# 105].
Unless otherwise indicated, the following facts are undisputed. Plaintiffs Hilary Miller, Terry Miller, Dara Solomon, and James Solomon (collectively, "Plaintiffs") are neighbors and personal friends. Sabrina VanderStappen and Aaron VanderStappen also reside in the same neighborhood and are personal friends of Plaintiffs. Hilary and Terry Miller are Caucasian. Aaron and Sabrina VanderStappen are also Caucasian. Dara and James Solomon are African-American.
On Saturday, April 20, 2002, Plaintiffs, the Millers' ten-year-old daughter (Jessica) and the VanderStappens (collectively, "Plaintiffs' party") attended a wedding held in Vinings, Georgia. On their way home from the wedding, Terry Miller suggested that they stop at the Waffle House located on Arnold Mill Road in Alpharetta, Georgia ("Alpharetta Waffle House"). Plaintiffs' party arrived at the Alpharetta Waffle House around midnight. They entered the restaurant together, turned to the left, and immediately seated themselves at two adjacent booths in the back of the restaurant. Hilary Miller, Jessica Miller, Dara Solomon, and James Solomon sat together in one of the booths ("the Solomon table") while Terry Miller and the VanderStappens sat together in the other booth ("VanderStappen table").
Plaintiffs' party observed three employees were currently working at the restaurant: a white male server (Jerry Wall), a white female server (Petra Corbitt), and a white cook (Melvin Nichelson). Jerry Wall ("Wall") was assigned to a three-booth area, including the Solomon and VanderStappen booths. Petra Corbitt ("Corbitt") appeared to be taking care of all the other tables in the restaurant. Although Plaintiffs' party cannot remember how many customers were already seated in the Alpharetta Waffle House when they arrived, Hilary Miller estimated that there were under ten customers (H. Miller Dep. at 108), and Aaron VanderStappen also estimated that there were eight to ten customers (A. VanderStappen Dep. at 64).
After both tables were seated, they talked amongst themselves for approximately 20 minutes about the wedding. During this time, Wall did not approach either table. Noticing that they did not have menus on their table, the VanderStappen table requested menus from Wall. Wall brought menus to the VanderStappen table and took their drink orders. At that time, Terry Miller informed Wall that the VanderStappen and Solomon tables were together and that Hilary and Jessica Millers' orders should be added to his check. Wall did not say anything in response.
After taking drink orders from the VanderStappen table, Wall walked towards the Solomon table. James Solomon asked Wall if he could bring menus for the Solomon table. Wall, however, continued walking past the table and did not stop. James Solomon does not know if Wall heard his request. According to Dara Solomon, no one at their table was able to make eye contact with Wall as he walked past the Solomon table.
Wall returned after a few minutes1 with drinks for the VanderStappen table and served them the correct drinks. Wall then took the VanderStappen table's food orders and walked away without saying anything. During this second visit to the their table, the VanderStappens both formed the opinion that Wall was slow and may have been mentally disabled. A. VanderStappen Dep. at 58-60; S. VanderStappen Dep. at 57-59. They based their opinions on the fact that Wall was "stumbling around," seemed "confused," and had "no idea what he was doing," and on his complete lack of verbal responses during their interactions with him. A. VanderStappen Dep. at 58-60; S. VanderStappen Dep. at 77.
After taking the VanderStappen table's food order, Wall again walked by the Solomon table without stopping. The VanderStappen table then gave their menus to the Solomon table, and the Solomon table began looking at the menus to determine what they wanted to order.
After approximately twenty minutes, Wall delivered the VanderStappen table's food orders to their table. Terry Miller was completely satisfied with his order, and ate all his food. Sabrina VanderStappen, however, was not satisfied with her order: her eggs were cold, her waffle was burned, and she did not receive her bacon. Wall never brought Sabrina VanderStappen her bacon, even though she let him know that she did not receive it. Aaron VanderStappen did not order any food. Wall then appeared at the Solomon table and the Solomon table gave him their orders for drinks and meals. Wall then walked away.
After some time passed and the Solomon table had not received their drinks, Terry Miller got up and asked Corbitt for the manager on duty. Corbitt told him that Melvin Nichelson ("Nichelson"), the cook, was in charge. Terry Miller then approached Nichelson, who was busy cooking with his back to the counter, and told him that the Solomon table had not received service. In response, Nichelson looked over at Wall and then turned back to the grill.
Wall then returned to the Solomon table and stated something to the effect of "what did you order?" J. Solomon Dep. at 89-90. The entire table was required to give him their food and drink orders again. The entire Solomon table, including James and Dara Solomon, then promptly received their drinks. After the Solomon table requested straws, Wall immediately placed a bunch of straws on the table.
While the Solomon table was waiting for their food, they observed that a party of four white patrons sitting at the third booth in Wall's section had already received some food. They arrived approximately 30 minutes after Plaintiffs' party had arrived. Plaintiffs do not know what this party ordered or whether they were satisfied with the food and service they received.
Hilary Miller and Jessica Miller subsequently received their food. According to Hilary Miller, her food was burned, and Jessica's food was "not fit to eat." H. Miller Dep. at 122. Dara and James Solomon did not receive their food when Hilary and Jessica Millers' orders were served.
Terry Miller then got up a second time, walked back up to the grill and told Nichelson that there was a problem with Wall and that the Solomons had not been served. Nichelson simply gave Terry Miller a blank look. After Dara Solomon suggested that the Solomons could get their food "to go" because everyone else had almost finished eating, Terry Miller stated something to the effect of "I don't think you're getting your food" and "you guys aren't getting — you're not going to get any service." Wall then brought both tables their bills and gave each family a ticket, including the Solomons, even though they had not received their food. Only the VanderStappens paid for their meals.
Both tables then decided to leave the restaurant. On their way out, Dara Solomon and Terry Miller approached the grill to complain to Nichelson. Dara Solomon told Nichelson that Defendant "couldn't treat people like this" (D. Solomon Dep. at 188), and Terry Miller told Nichelson that "blatant discrimination" had gone on (T. Miller Dep. at 144). Both Dara Solomon and Terry Miller raised their voices in anger during this conversation with Nichelson. Other than a blank stare, Nichelson gave no response. Overhearing Terry Miller's statement to Nichelson regarding discrimination, Wall said something to Terry Miller to the effect of "we can take this outside" or "let's step out." Terry Miller claimed he felt threatened.
As James Solomon walked out of the restaurant, he noticed that a party of four, comprised of three Caucasians and one African-American, had seated themselves at the third table in Wall's section. James Solomon does not know if they received satisfactory service from Wall. J. Solomon Dep. at 121. During the time that Plaintiffs were in the Waffle House, the restaurant became increasingly crowded. At the time Plaintiffs left, there were approximately 25-30 customers in the restaurant.
After the Solomons, Millers, and VanderStappens arrived home, everyone congregated at the Miller's house to discuss their visit to the Alpharetta Waffle House. During this conversation, Dara Solomon stated that she wanted to make a formal complaint to Waffle House. Later in the day, the Solomons, Millers, and VanderStappens got together and prepared a written statement describing their visit. On the next day, April 22, 2002, Dara Solomon called the Alpharetta Waffle House and spoke to the unit manager, Carlos Figueredo ("Figueredo"). Although she did not specifically use the term "discrimination" when articulating her complaint to him, Dara Solomon mentioned "the race mix of the party." D. Solomon Dep. at 223. Figueredo apologized to Dara Solomon and suggested that she call the corporate office to make a formal...
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