HARRISBURG – A federal judge has granted a default judgment of $40,000 against an Annville chicken wing restaurant whose founder allegedly treated an African-American customer with aggressive and racist behavior.
On April 6, U.S. District Court Judge Jennifer P. Wilson entered the judgment in favor of plaintiff Ricky Lee Bugg Jr. and against defendant Just Wing It, LLC.
“Judgment in the total amount of $40,000 is entered against defendant, comprised of $20,000 in compensatory damages and $20,000 in punitive damages. Interest in the amount of six percent per annum will run beginning on May 11, 2020, if the judgment is not paid to plaintiff by that date,” said U.S. District Court Judge Jennifer P. Wilson.
“Plaintiff’s counsel is permitted to file a motion for attorney’s fees and costs by April 30, 2020. Plaintiff’s counsel is directed to ensure that a copy of the memorandum opinion and order is served on defendant, since defendant has not entered an appearance in this action.”
Bugg, a Palmyra resident, first filed a complaint against the defendant restaurant, located in Annville and corporately based in Harrisburg, on Dec. 19, 2018.
Bugg alleged he went into the Just Wing It restaurant on Jan. 22, 2017 to buy wings and placed an order with the owner, Nikki Meyer. After taking Bugg’s order, the complaint stated Meyer then went into the kitchen.
Minutes later, the restaurant’s founder, Christopher Behney, emerged from the kitchen carrying a large amount in hand and allegedly stated, “I own three restaurants and I don’t need you n–––s’ money,” before returning to the kitchen.
Meyer then returned from the kitchen to Bugg’s table and told him that he had to provide payment for his food before he would be served. An African-American, Bugg alleged such treatment was not required of Caucasian customers.
Meyer explained the reason for the treatment was because Bugg allegedly mentioned he would leave without paying for his food, a claim which Bugg said did not occur.
At that time, Behney also returned from the kitchen and began to exchange words and argue with Bugg. In order to leave the restaurant, the plaintiff asked Meyer to return his money, which she did.
“While plaintiff was walking out of the restaurant, Behney stated, “Get out n–––s, Trump’s president now, I can say what I want,” to plaintiff. The police were called to the restaurant and arrived on scene. While plaintiff was giving a statement to the police, Behney repeatedly gave plaintiff the middle finger from inside the window of defendant’s restaurant,” the complaint added.
“Defendant discriminated against plaintiff and humiliated him because of his race. As a result of the defendant’s aggressive and racist behavior, plaintiff was discriminated against and felt he had no choice but to ask for a refund and leave defendant’s restaurant. Defendant created such an aggressive and racist environment that plaintiff was unable to complete his transaction and obtain food from defendant’s restaurant.”
An amended version of the complaint filed on Jan. 27 included a claim for punitive damages, as well as supplemental authority on the amount of compensatory damages to be awarded.
The defendant never responded to the litigation or ever secured counsel, leading to the plaintiff’s motion for a default judgment and the later granting of that motion.
According to Wilson, Behney’s behavior was “completely unacceptable.”
“The intentional and willful act of degrading Bugg because of his race in a manner intended to humiliate and shame him is completely unacceptable behavior in our society. Although there is never a justification for using a racial slur, Behney’s insults are particularly shocking because they were unprompted by any statement or action by Bugg,” Wilson said.
“Behney’s cruelty caused a far greater harm than merely preventing Bugg from enjoying a late-night meal at a local restaurant after a campus party; Behney’s racial slurs destroyed a young man’s sense of acceptance and well-being. Bugg’s wound will not be healed by this judgment, but the court hopes that Behney will learn from this judgment that there was a significant harm caused by his cruelty, which will now impose a financial cost to his business.”
Prior to the default judgment being granted and for violation of the Pennsylvania Human Relations Act and federal anti-discrimination laws, the plaintiff was seeking injunctive and declaratory relief, compensatory damages, together with interest, attorney’s fees, costs and any other relief the Court may deem just and proper.
The plaintiff was represented by Michael R. Kelley and Adam Gordon Klein of Smigel Anderson & Sacks, in Harrisburg.
U.S. District Court for the Middle District of Pennsylvania case 1:18-cv-02399
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com