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 Man Claims Gay Bashing By Taco Bell
Workers
by 365Gay.com Newscenter Staff
Posted: February 1, 2007 - 9:00 pm ET
(Hobart, Indiana) A Hobart, Indiana man is suing
a Taco Bell franchise and two former employees alleging he has was the victim of
a homophobic attack.
Charles E. Dayton is seeking $1 million in
damages in the civil suit, filed in Lake Superior Court. He claims in the
lawsuit that in December 2005 he was refused service because of his sexuality by
an employee named Amber Barnes.
Court documents filed by Dayton's attorney claim
used an anti-gay slur and then said, "I hope you get AIDS and die."
The lawsuit alleges that Barnes then challenged Dayton to a fight.
According to the lawsuit Dayton called the Taco
Bell customer service line the following day and was told that he would be
contacted within three days by a district manager. The court papers say
Dayton never received a call back.
The suit then alleges that on September 22 when
Dayton attempted to place an order at the drive-through he saw Barnes through
the closed window point at him and say something to other workers.
According to Dayton's lawsuit an employee
identified as Joseph Shinkle, punched him in the face and called him a derogatory
name.
Dayton filed a complaint with Hobart police.
According to a police report obtained by the Post-Tribune Shinkle admitted he
struck Dayton, but claimed he had been provoked.
Shinkle was charged with misdemeanor
battery. A warrant for his arrest was issued in November when Shinkle
failed on two occasions to appear in court.
Dayton's attorney, Todd M. Conover, told the
paper that he may seek to have a hate crime charge filed with the U.S.
Attorney's office.
The Taco Bell franchise has declined to comment
on the case.
©365Gay.com 2007
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