PARSIPPANY — Lake Hiawatha resident Justice Fitzgerald, a 21-year-old Muslim man, has filed a lawsuit against Homestead Bar & Kitchen, 10 Dehart Street, Morristown, alleging discrimination for wearing a turban, which he wears for religious reasons.
On June 22 at 12:20 a.m., Fitzgerald claims he attempted to enter Homestead Bar & Kitchen but was stopped by Mr. Luis Gomez, who demanded he remove his turban. Justice told Gomez that his headdress was a turban worn for religious observance. According to the lawsuit filed on July 24, Gomez informed him that the establishment’s policy only allowed baseball caps as headwear.
During the exchange, Justice asked Gomez if he were Jewish and wearing a Yarmulke, he would be required to remove it, to which Gomez replied that a Yarmulke would be allowed.
Despite explaining that his turban is worn for religious purposes, Fitzgerald alleges he was still required to remove it to gain entry. He complied but later realized he had been discriminated against. After re-tying his turban in the bathroom, he sat down but was approached by Gomez, who instructed him to leave the premises. After being told to leave the bar, Justice requested a glass of water, which he was denied.
The suit states that Gomez and employee Eric Fernandez forcibly grabbed Fitzgerald by the arm and slammed him against a wall after ordering him to leave. Although police were present outside Homestead Bar & Kitchen, Fitzgerald was not charged with any offense.
In removing Justice, Gomez and Fernandez slammed Justice’s left arm, left hand, and left side of his head into the wall, which caused a laceration to his right elbow and a burst blood vessel in his right eye.
Homestead Bar & Kitchen did not immediately respond to our request for comment.
Fitzgerald is suing Homestead Bar & Kitchen for violations of the New Jersey Law Against Discrimination, negligence, assault, and battery, as well as civil liability for a bias crime. The suit asserts that the staff’s actions were driven by religious bias.
In addition to seeking monetary damages, Fitzgerald’s attorneys are demanding that Homestead Bar & Kitchen adopt and amend anti-discrimination policies and provide proper employee training on these policies.
Homestead Bar & Kitchen is a tavern, restaurant, and bar that serves food and drinks. It is open to the public and is a “public place accommodation” as defined under the New Jersey Law Against Discrimination.
