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Charles E. Dayton of Hobart, Ind., filed a civil complaint on Wednesday against Taco Bell and two former employees, claiming he was discriminated against because of his sexual orientation and challenged to a fight, reports the Merrillville, Ind., Post-Tribune.
Dayton says he went to the drive-through of the restaurant in December 2005 and was refused service by Taco Bell employee Amber Barnes. He claims Barnes said, "I hope you get AIDS and die," used an antigay slur, and challenged him to a fight.
Dayton called the Taco Bell customer service line the following day and was told the district manager would be made aware of the situation and call him within a few days, but Taco Bell never contacted him.
Later on September 22, Dayton went through the drive-through and says he noticed Barnes pointing in his direction. He claims another employee, Joseph Shinkle, punched him through his open window and called him a name. Dayton then filed a police report, and Shinkle admitted to hitting Dayton, claiming he'd been provoked. Police charged Shinkle with a misdemeanor charge of battery, and a warrant was issued for his arrest on November 21 after he failed to appear in court twice.
Dayton's attorney, Todd M. Conover, says Taco Bell owes his client an apology and that they may file a hate-crime charge with the U.S. Attorney's office. (The Advocate)
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