Copyright © 2001 NLThomas
All Rights Reserved

American Indian Man Refused Service by Applebees; Wisconsin Equal Rights Division Finds Probable Cause for Racial Discrimination.

SUPERIOR, WISCONSIN - The State of Wisconsinís Equal Rights Division found probable cause to believe that Applebeeís Neighborhood Grill and Bar at 3605 Tower Avenue, Superior, Wisconsin, owned by Applebeeís International, Inc., violated Wisconsin's Public Accommodations Law. The State alleges that on November 14th, 2000, because of his race, Applebeeís refused to serve Mr. Michael O'Neill of Superior, a 56 year old man and an enrolled member of the Red Lake Band of Chippewa Indians.

Mr. O'Neill visited Applebeeís on the 14th of November, 2000, with his wife and his sonís fiancee. Mr. O'Neill ordered a brandy drink for himself. He had not been drinking before. The server asked for ID. Mr. OíNeill, however, does not drive, so he showed his official tribal identification card. His ID includes name, photograph, date of birth, social security number, his tribe, his tribal ID number, height, weight, hair color, eye color, and home address. The server showed the ID to the manager, Greg Hartnett. Mr. Hartnett examined the card and refused to allow the waitress to serve Mr. OíNeill a drink. Mr. OíNeill and his party then left Applebeeís, angry and embarrassed.

"This is humiliating," remarked Mr. O'Neill, when asked for a statement on the case. "I want to teach Applebeeís a lesson and make sure that it never happens again." Mr. O'Neill wants the Division to order Applebeeís to change its policy on ID's to include picture ID's from American Indian bands. He wants an injunction to prohibit Applebee's from discriminating like this again. In addition, he wants unspecified damages, costs, and attorney's fees.

Wisconsin statutes list authorized ID's for serving alcohol. Applebeeís claims to follow section 125.085(2) of Wisconsin Statutes to the letter. The law allows "documentary proof of age". Applebeeís Superior restaurant allows Minnesota driver's licenses, although these are not explicitly allowed by Wisconsin law. Applebeeís admits that Mr. O'Neill was in his 30's or 40's, and said that he was not inebriated. Later, Applebeeís, however, served two caucasian men alcoholic beverages, without asking for ID from either one.

The Equal Rights Division has set this matter for a full hearing at 9:00 a.m. on July 17th in City Hall, 1409 Tower Avenue, Superior, Wisconsin 54880, before Administrative Law Judge Gary Olstad. Mr. OíNeill is represented by Peter James Nickitas, attorney at law, at 28 Orme Court, Saint Paul, Minnesota 55116, 651-699-1864.