Black Woman Suing Colorado Chili’s After Being Forced To Pay Upfront

Markesha Futrell-Smith has filed a discrimination lawsuit against Chili's in Denver, Colorado after being forced to pay for her food upfront, allegedly due to her being Black.

A Black woman in Colorado is suing a Chili’s in Denver after being forced to pay upfront for her family’s meal at the dining establishment. The restaurant allegedly refused to take Markesha Futrell-Smith and her family’s order unless they paid first.

The incident occurred on April 30, 2022, with Futrell-Smith filing a federal discrimination lawsuit on Nov. 28 in the state’s capital. Within the complaint, the woman detailed that she, her husband, and two children were the only Black patrons inside the restaurant when they sat down. Upon looking over their menus, a manager stopped by their table to question the family on how they would pay.

According to the document, the manager “demanded that (she) provide a valid form of payment upfront prior to taking her order if she wished to dine at the restaurant.”

Their reasoning, as stated in the complaint, was that the woman skipped out on her last meal at the establishment, an accusation the plaintiff denied.

The woman was a frequent customer of the Denver location as well, with the lawsuit stating that the woman was “frustrated, angry, embarrassed, and humiliated” by the incident. The complaint also detailed that Chili’s has no policy in place that demanded upfront payment from customers who had not paid for meals before, stating that the request violated the state’s discrimination law.

“The incident has caused Ms. Futrell-Smith immense anxiety and fear that when she enters a store or restaurant, she will be falsely accused of shoplifting or thievery, solely due to her African-American race,” the lawsuit states. “Futrell-Smith is genuinely fearful that similar discrimination will occur to her and her children in the future based on their African-American race.”

A spokesperson for Chili’s released a statement on “fostering an inclusive environment” at their restaurants, but refused to comment further on the specific matter,

Futrell-Smith is seeking compensatory damages, as well as additional damages to be determined at the trial.

“We value every Chili’s Guest and take the responsibility of fostering an inclusive environment for all very seriously. We do not condone or tolerate discrimination of any kind, as the safety and wellbeing of our Team Members and Guests is a top priority.”