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28 Feb 2011

US gay couple beaten by Burger King employees awarded US$3.15 Million

A gay couple in New Jersey, US who were chased and beaten by Burger King employees following a 2007 altercation have been awarded US$3.15 million in a civil suit.

NJ.com reports:

A Hudson County jury has awarded a gay Union City couple US$3.15 million after the couple were chased and beaten following a dispute over their order at a Union City Burger King.

"Violence against anybody, including gay people, cannot be condoned. The jury spoke to this issue," Nutley attorney James F. Fine of the compensatory and punitive award awarded to Peter Casbar, 43, and Noel Robichaux, 46.

"Honestly, my clients were unable to speak. It was a very emotional moment for them," said Fine who handled the "gay bashing" suit with River Edge Attorney Joseph R. Donahue.

Casbar and Robichaux testified emotionally during the civil trial that began Feb. 7, saying the dispute with the person taking their order in the 2007 incident escalated and other Burger King workers became involved after they had already left the restaurant.

"The manager and a group of angry restaurant employees chased the couple and then mercilessly kicked, beat and spat upon the two men while screaming hate-filled anti-gay invectives," Fine said in a statement.

The couple alleged they were victims of a violent hate crime and brought the suit under New Jersey's Law Against Discrimination.

The jury rendered its verdict at 7 p.m. Wednesday and the award includes $1.7 in punitive damages. The $3.15 million must be paid by Food Service Properties Corp. and Union City Restaurant Corp. which own seven Burger Kings, including the one at 3501 Bergenline Ave. in Union City.

United States

Reader's Comments

1. 2011-03-01 04:48  
A whopping refund. That'll teach them.

(See additional facts in "Whopper of a hate crime" on Outinjersey.net),
2. 2011-03-01 12:43  
We are not at the scene and we are not sure what started this whole incident.

Mind you , I experience it first hand in the course of my work as an order taker , not all PLU are nice and polite people to serve. Not sure if the couple has provoked the employee to want to retaliate and get even. Because sometimes PLU drives me up the wall that I feel like doing the same.

Whatever it is bashing and violence is not the answer. I feel sorry that this has happened.
3. 2011-03-01 16:37  
Wow... it's like winning the lottery!

They don't need to work for the rest of their lives

Very lucky guys, those two!
4. 2011-03-01 19:21  
#2 your last sentence is most welcome.... since obviously not everything "depends on perspective" and some principles are just plain and simple, such as : "whatever it is, bashing and violence [are] not the answer". We fully agree on that one !

Can we stick to such principles and avoid over-generalizing ? i'm sure you will agree that there are "polite" and "impolite" people in every social group, simply because we (you, me) can be polite now and impolite the next minute. Polite to a person and impolite to another depending on a millions factors. Or polite according to us and impolite according to the other party... etc.

Generalizing is a common plague, and it is the "evil twin" of categorizing. We categorize because we try to make sense of the world around us. Often we "over categorize" and that's when we generalize. No one can resist it permanently but the problem is that it short-circuits the brain and somehow turns it into a machine. The result, more often than not, is the source of unfathomable evil and suffering in the history of humanity. Minorities are on the front line, as they are always the object of excessive generalization.

#3 I beg to differ, it is NOT like winning the lottery, because to win the lottery you need only buy a ticket. You need not be gang-bashed, insulted and spat upon by a group of hateful guys (whom you may or may not have "provoked" in the first place). The stigmata left by the bashing are impossible for us to evaluate unless we read the minutes of the trial. The notion of "damages" and "punitive damages" (not the same thing technically speaking) is a very interesting one, and there is no doubt that it has led to outrageous abuse. Inevitable I suppose. Read John Grisham on this, his books are full of fascinating insight on American Law and are very recreational at the same time.
5. 2011-03-01 20:50  
*yawn*...... (and its not the article that is tiresomely boring)
Comment edited on 2011-03-01 20:54:47
6. 2011-03-02 09:26  
Hi Yveserwan

Totally agree. Don't get me wrong , I totally agree and condone that violence is not the way to go.

But I tend to agree and have experienced that PLU tend to be more demanding and they tend to drive us ( more like me up the wall ). And mind you I get a good and fare share of rude and demanding people in my course of work. And I am not generalising , I know what I am talking about !! Never mind if you do not agree. Cheers ! Have a great week ahead.

Matahari _gar( Garduda )
7. 2011-03-03 00:37  
"the award includes $1.7 in punitive damages"...a dollar and seventy cents?...surely some mistake...
8. 2011-03-03 05:38  
Dear #6

" But I tend to agree and have experienced that PLU tend to be more demanding and they tend to drive us ( more like me up the wall ). "

Are you 69 years old? You sound like 16 years old. Be mature. Your above statememt is unacceptable. "PLU tend to be more demanding and drive...." Please speak to yourself, Do not include all gays. You seem very demanding n driving all PLU/gays crazy with your statement. Aren't you?
9. 2011-03-03 12:52  
Nr. 5: Totally agree *yawn*
10. 2011-03-03 12:56  
Now they can buy the Burger King at 3501 Bergenline Ave. in Union City, and change it into "Burger Gay King"........:p
11. 2011-03-03 20:08  
Actually #8,

If you read his original comment (no.2), he originally said "not all PLU are nice and polite people to serve" which simple says he is taking into account that there ARE nice PLU also. But more to the point. this article doesn't give enough facts. How do we know the staff threw anti-gay expletives at the couple? Was there a 3rd party witness? How do we know the couple weren't assholes to begin with and provoked the staff?

I'm not condoning the act of violence. Any act of violence like that should be punishable. But assuming this is a hate crime based on limited facts from this dismal article is rather jumping the gun, don't you think? And even if it were, it doesn't give enough facts as to how the fight "escalated". If the gay couple was being difficult to the staff then i would say both parties have been justly punished for screwing each other over.
12. 2011-03-04 21:45  
the NJ.com link says "two employees of the Union City Burger King, have already pleaded guilty to aggravated assault in connection to the attack on Casbar and Robichaux." and irrespective of whether they were some what stroppy to the Burger King staff which is not reported or indicated in any thing I read on any of the links the attack would still be totally disproprtionate a responce, out in jersy.net states they asked for a refund on a product they paid for which was not available...fair enough.. no doubt people play up trauma when it comes to legal proceedings but still it's a good lesson to business to ensure they employ intelligent diciplined staff and train them better to protect their brand name.
13. 2011-03-07 18:14  
leeboy its very sad for you to say that, what a low educated. its a mental harassment and physical. abused just because being gay, its one of the saddest part ever.

its not about money its only 3.15 million usd, its not much. its not like winning lottery. winning lottery you dont need to be beaten. how shallow you are.
14. 2011-03-08 09:14  
Hi No 8 , I did not say all PLU are rude , but I just would like to share that I do encounter many in the course of my work and sometimes I feel they deserved it. Of course violence is not the way to go. But you know what , even I feel like beating them up. I know this is wrong.

Whether I am 16 or 69 makes no difference , age is only a number. What's important is the substance in your grey cells. Thanks for sharing your thoughts.
15. 2011-03-15 18:41  
Uhm, what's a PLU?

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