# Black Man Served Empty Plate at High End Steakhouse



## Everything Zen (Jul 22, 2022)

Lawsuit alleges racial discrimination in incident at Fleming's steakhouse in La Jolla
					

A server at Fleming’s Prime Steakhouse & Wine Bar in La Jolla is being sued on allegations of racial discrimination after an exchange with a Black patron at the restaurant in May.




					www.lajollalight.com
				





Lawsuit alleges racial discrimination in incident at Fleming’s steakhouse in La Jolla​





Fleming’s Prime Steakhouse & Wine Bar in La Jolla is at 8970 University Center Lane.
(Ashley Mackin-Solomon)
BY ASHLEY MACKIN-SOLOMON
JULY 17, 2022 2:45 PM PT

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A server at Fleming’s Prime Steakhouse & Wine Bar in La Jolla is being sued on allegations of racial discrimination after an exchange with a Black patron at the restaurant in May. The business also is a defendant in the case. 
The suit, filed July 5 in San Diego County Superior Court, seeks damages to be determined at trial, “but not less than $8,000” for legal expenses, along with “punitive damages … sufficient to punish, penalize and/or deter [the] defendants from further engaging in the conduct.”
According to the suit, plaintiffs Mychel McKillian, who is Black, and Denise Grimaldo, who is Hispanic, were dining with others at the Fleming’s location at 8970 University Center Lane on May 29 to celebrate Grimaldo’s brother getting engaged.
“McKillian, Grimaldo and Grimaldo’s mother each ordered a salad and a steak plate for dinner,” the suit states. “Grimaldo and Grimaldo’s mother received a salad, but McKillian did not. When the dinner plates began to arrive at their table, Grimaldo received a hot plate of steak, but McKillian and Grimaldo’s mother did not. Instead of steak, McKillian was served an empty hot plate sprinkled with parsley. McKillian’s plate was delivered by a male server. While delivering the empty plate, [the server] looked at McKillian and said: ‘You’re probably used to a loud sizzle with your hot plate, but ours is silent. Enjoy.’”
The lawsuit did not identify the server by name.




Mychel McKillian’s lawsuit says he was served this empty plate at Fleming’s Prime Steakhouse & Wine Bar in La Jolla. 
(Courtesy of Arthur Kim)
When McKillian asked where his food was, the server walked away without answering, according to the suit.
“McKillian never received an explanation on why he did not receive his steak [and] never received an apology from anyone in the restaurant,” the suit states.
The suit adds that the server asked McKillian whether he had ever been in theater and told McKillian that he had once “spilled a drink on a Black guy” while working as a bartender and thanked McKillian for “your good behavior for not acting out.”
Representatives of Fleming’s did not immediately respond to the _La Jolla Light_’s request for comment.
“McKillian felt belittled, humiliated and racially profiled,” according to the suit. “Grimaldo felt her husband was being stereotyped, humiliated and discriminated against, as he was the only African American guest in their party. ... Grimaldo sat in her chair feeling humiliated in the presence of her family but didn’t leave for the sake of not ruining her brother’s engagement dinner.”
The average cost of dinner at Fleming’s is about $80 per person, including food, beverage, tax and tip, according to the restaurant’s website.


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## awhyley (Jul 22, 2022)

I really have no words for this.  An empty plate?  Did they really think that they would get away with this in 2022?


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## fluffyforever (Jul 22, 2022)

So the family just ate and carried on their party while a member of their dinner party was being humiliated and not given anything to eat? Engagement party or not, the restaurant ruined the vibe and there would be no way I would continue to eat and definitely not pay any bills there.


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## Everything Zen (Jul 22, 2022)

Well he knows his wife and in laws are trash for just sitting there and continuing to eat. #blackandbrowncoalition


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## Crackers Phinn (Jul 22, 2022)

I'm not going to be more upset about this than the woman he was there with and her peoples.  This reminds me that I got a $150 gift card right before the pandemic and ain't used it.  Hopefully it's not one of those lame ones where the balance gets eaten by fees.


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## Everything Zen (Jul 22, 2022)

But they let momma sit there with no steak either - that’s messed up


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## Black Ambrosia (Jul 22, 2022)

Where’s the part where he asks for the manager? It’s hard to believe a manager would let two people sit without their food while the server acts shady.


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## Evolving78 (Jul 22, 2022)

I won’t judge the man. The restaurant needs to make it right.


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## Evolving78 (Jul 22, 2022)

Black Ambrosia said:


> Where’s the part where he asks for the manager? It’s hard to believe a manager would let two people sit without their food while the server acts shady.


Yeah the math doesn’t add up. I have a bunch of questions. But if he didn’t receive any food and was purposely served a hot plate of nothing, then he needs some justice. His family is a hot mess for allowing that to go down as well.


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## lavaflow99 (Jul 22, 2022)

This has to be a spoof.  From the Onion maybe?  How did the whole table let this go on?


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## SoniT (Jul 22, 2022)

That is weird. So he just sat there after getting a hot plate sprinkled with parsley? He didn't ask for the manager? And the mother only got a salad. Did she ask what happened to her steak? There are details missing from the article.


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## Iwanthealthyhair67 (Jul 22, 2022)

I wasn't staying there party or not.


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## King of Sorrow (Jul 22, 2022)

awhyley said:


> I really have no words for this.  An empty plate?  Did they really think that they would get away with this in 2022?



Right?! Is this cheaper and more effective than traditional marketing methods?


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## Ganjababy (Jul 28, 2022)

‘You’re probably used to a loud sizzle with your hot plate, but ours is silent. Enjoy.’ I read this in a beachy nasally gay voice


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