Lawsuit Alleges Racial Discrimination in Incident at Fleming’s Steakhouse

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.

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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.’”

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When McKillian asked where his food was, the server walked away without answering, according to the suit.

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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.”

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“McKillian felt belittled, humiliated and racially profiled,” according to the suit. {snip}

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