Ryan Marlatt, Teddy Eggers, and three other friends had stopped for lunch at a McDonald’s restaurant on East Market Street on July 26, 2008 while visiting Louisville for the weekend.  

The men say that while they waited for their food to be prepared, an employee behind the counter referred to them as “faggots” to another employee. 

Marlatt and Eggers then approached the cashier, said they didn’t come to the restaurant to be insulted, and asked to speak with a manager.  

As they waited for the supervisor on duty to appear, the employee who had called them “faggots” started arguing with them, repeatedly calling them “faggots” in front of other customers and calling one of them a “cocksucker” and “bitch” according to the American Civil Liberties Union which is representing the two men.

Last September, Eggers and Marlatt filed an official complaint with the city of Louisville’s Human Relations Commission.

Under the agreement reached between McDonald’s and the ACLU of Kentucky, the company will provide diversity training for management at 30 of its Louisville-area restaurants and pay Eggers and Marlatt $2000 each.

“The reason we made such a big deal out of this to begin with was because we didn’t want it happening to anyone else, so I’m very glad McDonald’s management is going to be having these trainings,” said Eggers of Indianapolis, Indiana.  

“We were hurt and upset, but at least we’re adults and can handle being called names.  We hated thinking that this kind of harassment might also happen to someone young and vulnerable who would really take it to heart.”

Marlatt and Eggers say that the supervisor on duty refused to refund the group’s purchase, claiming that only the restaurant’s general manager could authorize a refund. 

Marlatt said he attempted several times in the following weeks to contact both the general manager of the McDonald’s and the corporate offices.  Though he filed reports with a corporate customer service number for McDonald’s, Marlatt said, he never received any sort of response, and every time he called the McDonald’s where the incident took place, the staff hung up on him.

“While we’re fortunate to have a law banning sexual orientation discrimination in Louisville, this goes to show that it’s still important to speak out and do something about it when your rights are violated,” said Michael Aldridge, Executive Director of the ACLU of Kentucky.

In addition, a company employee appointed to the chamber’s board of directors has resigned.

McDonald’s incurred the wrath of the AFA after it made a $20,000 donation to the chamber, and Richard Ellis, who until last month was vice president of communications for the chain, was named to the chamber’s
board of directors.

The company at first resisted AFA’s demands that it sever ties with the chamber. In a July response to the conservative group that fights LGBT issues nationwide, McDonald’s Global Chief Diversity Officer Pat Harris said: "We have a well-established and proud heritage of associating with individuals and organizations that share our belief that every person has the right to live and work in their community free of discrimination."

But now in an e-mailed memo to franchise holders, the company said it has dropped ties with the chamber.

"It is our policy to not be involved in political and social issues. McDonald’s remains neutral on same-sex marriage or any ‘homosexual agenda’ as defined by the American Family Association." 

Richard Ellis is no longer with corporate headquarters.  He is now with the company’s Canadian operation.

The e-mail said that Ellis stepped down from the chamber’s board "voluntarily."

"We appreciate the decision by McDonald’s to no longer support political activity by homosexual activist organizations," the AFA said in a statement to its members calling off the boycott.

The AFA previously boycotted Disney for several year’s over its support for Gay Days at Disney World, although the company was not an official sponsor of the event.

It boycotted Cincinnati-based Proctor and Gamble over the company’s support for the repeal of a city charter amendment that prevented Cincinnati city council from enacting any laws that would recognize gays and lesbians.

The group boycotted Kraft for its support of the Chicago Gay Games and threatened to boycott Wal-Mart over its involvement with the National Gay and Lesbian Chamber of Commerce.

The boycotts resulted in little impact on the companies.

The AFA boycott of Ford was heralded as a success by the organization which noted that it had resulted in a drop in sales and share value.  But most financial analysts said that Ford’s problems were really the result of vehicle designs that failed to impress the public. 

The conservative Christian group launched a nationwide boycott of Ford in 2005 over the automaker’s support for LGBT issues, briefly put it on hold, and then reinstated it.

The AFA claimed victory when Ford began pulling its ads from LGBT publications, but industry observers and the company said the ad pullout was part of a downsizing of expenses.

Daniel Carver, 46, withdrew the suit “with prejudice” meaning he cannot legally reinstate it and court documents do not indicate why he decided not to proceed.

In a reply to the lawsuit, franchise holders Glenn and Lois Karpinske denied Carver’s claims and said that he was fired because of poor work performance and excessive absenteeism.

Neither Carver nor his attorney have spoken with the media.  An attorney for the Karpinskes would say only that “the case has been satisfactorily resolved.”

It also is not known if Carver has withdrawn a complaint made to the Iowa Civil Rights Commission.

In his original filing, Carver said he had worked for the franchise for about four months, but was fired in February.

He alleged that after management learned he was HIV-positive, he was denied promotion, had his hours reduced and was subjected to derogatory remarks, violence and death threats.

The filing claimed that Carver on one occasion was punched in the stomach by a manager and in another instance was slapped in the face by an employee who called him homophobic names.

“In November 2007, I was threatened by other employees because of my HIV status and my sexual orientation that I, ‘better watch my back or I might get shot,”‘ Carver said in his claim to the commission.

Under Iowa law, it’s illegal to discriminate against an employee because of perceived sexual orientation or a disability, which includes HIV status.

McDonald’s has not commented on the case. Earlier this year, the fast-food chain announced its support for the National Gay and Lesbian Chamber of Commerce, giving the organization a grant and placing an employee on the Chamber’s board of directors.

The action resulted in a boycott call by the conservative American Family Association.

Ryan Marlatt, Teddy Eggers, and three other friends had stopped for lunch at a McDonald’s restaurant on East Market Street on July 26, 2008, while visiting Louisville for the weekend. 

The men say that while they waited for their food to be prepared, an employee behind the counter referred to them as “faggots” to another employee.

Marlatt and Eggers then approached the cashier, said they didn’t come to the restaurant to be insulted, and asked to speak with a manager. 

As they waited for the supervisor on duty to appear, the employee who had called them “faggots” started arguing with them, repeatedly calling them “faggots” in front of other customers and calling one of them a “cocksucker” and “bitch” according to the American Civil Liberties Union, which is representing the two men.

“Nobody should be treated the way my friends and I were at that McDonald’s,” said Eggers of Indianapolis, Indiana in a statement released Tuesday by the ACLU. 

“When we finally got to speak with a supervisor, she said she didn’t see what the big deal was.  I couldn’t believe what was happening.”

Marlatt and Eggers say that the supervisor on duty refused to refund the group’s purchase, claiming that only the restaurant’s general manager could authorize a refund.

Marlatt said he attempted several times in the following weeks to contact both the general manager of the McDonald’s and the corporate offices.  When he filed reports with a corporate customer service number for McDonald’s, Marlatt said, he never received any sort of response, and every time he called the McDonald’s where the incident took place, the staff hung up on him.

“It may just be a few dollars for a Big Mac and some fries, but if I’m going to spend my hard earned money anywhere I should be able to do so without being verbally abused,” said Marlatt.  “The original name-calling was bad enough, but the fact that McDonald’s refuses to do anything to make this right just adds injury to the insult.”

The city of Louisville’s anti-discrimination ordinance includes gays.

“Even though [McDonald's] won’t return Mr. Marlatt’s phone calls, we hope the Human Relations Commission will convince them to finally respond to this.  It shouldn’t be considered a tall order to expect businesses to treat customers with basic human dignity,” said Christine Sun, a senior staff attorney with the ACLU Lesbian Gay Bisexual Transgender Project who is representing Marlatt and Eggers.

Marlatt and Eggers say all they want is an apology, a refund of the $28 they spent on the McDonald’s meal, and appropriate disciplinary action for the employees involved. 

The men said that they would like to see one employee – the cashier who originally handled their order – be commended. 

“The cashier was the only person behind the counter who seemed to get that this was wrong, and she was trying to get the woman who was calling us names to stop,” said Eggers.  “We really appreciated that she was at least trying to do the right thing when nobody else would.”

In a separate case, an Iowa gay man says he was fired by a McDonald’s franchise in Dyersville after it was learned he was HIV-positive.

Daniel Carver, 46, earlier this month filed a complaint with the Iowa Civil Rights Commission and has served notice to the franchise that he intends to sue for wrongful dismissal.

Earlier this year McDonald’s announced its support for the National Gay and Lesbian Chamber of Commerce, giving the organization a grant and placing an employee on the Chamber’s board of directors.

The action resulted in a boycott call by the conservative American Family Association.