Case of the "McStinkyNigger" Orange County Restaurant Receipt Settles

McHenry Steakhouse cdm.jpg
Landmark Steakhouse McSettles after racist receipts
A federal lawsuit filed by a successful African-American businessman against a Newport Beach steakhouse that repeatedly listed him on credit card receipts as "McStinkyNigger," "McNigShit" and "McCottonwood" has been mutually dismissed, according to records at Ronald Reagan Federal Courthouse in Orange County.

Court files show that lawyers representing plaintiff Mark McHenry and Landmark Steakhouse of Corona del Mar agreed to a stipulated settlement of the lawsuit on Feb. 2 -- a month before the case was scheduled to be heard by a jury.

No terms of the settlement were revealed. But you can guess any payment to McHenry is going to be financially substantial. It is against federal law for a public business to brazenly discriminate against a customer based on race.

And there was this: The 10-month-old case ended after McHenry's lawyers at Reed Smith LLP in Los Angeles uncovered an additional 12 inflammatory examples of racists comments and after U.S. Magistrate Judge Victor B. Kenton rejected the restaurant's strenuous attempts to thwart the lawyers from inspecting 167,000 other customer receipts to check for a systematic, widespread use of racial epithets.

In a deposition, Mario Marovic, a partial owner of CDM Restaurant, Inc. which includes Landmark Steakhouse, said that he does not "discriminate against any group of people on any basis whatsoever."

The court files reviewed by the Weekly show that Marovic was shocked by McHenry's allegations, conducted an investigation and ultimately blamed the racist incidents on a bartender, Michael Cederoth. Though Cederoth did not confess, Marovic believed he'd given "inconsistent" answers during interviews and fired him a week after the lawsuit was filed, according to court records.

A customer during dozens and dozens of visits, McHenry had considered the restaurant enjoyable, took friends there and was a generous tipper. After one visit he returned home, saw an inflammatory receipt and discovered older receipts were similarly despicable. When confronted, restaurant employees including manager Dustin Caratello repeatedly apologized and attempted to downplay the bigotry, according to court records.

Landmark Steakhouse Racist Receipt 6.jpg
What likely would have been Exhibit A in an upcoming federal trial.

At the time of the McHenry incidents, the Orange County Young Republicans chose Landmark Steakhouse as their "favorite spot" for monthly drink mixers. We know this because both sides in the litigation tied the group to the dispute in their official filings, and the federal judge noted their presence as well, according to court records.

Just weeks after McHenry filed his lawsuit, an elected member of the Orange County Republican Party emailed fellow Republicans a doctored photograph of Barack Obama that portrayed the president and his parents as chimpanzees.

Obama is scheduled to attend a Thursday Corona del Mar campaign event just blocks away from the Landmark Steakhouse.

In December, an Irvine fast-food restaurant gave two Asian Americans order receipts that referred to them as "Ching" and "Chong."

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--R. Scott Moxley / OC Weekly

(email: rscottmoxley at ocweekly dot com)


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790 comments
dfgs33455
dfgs33455

Mc Nigger is touchy isn't he.

Andrew Nava
Andrew Nava

wow...lol...these people must hang out at....*drumroll*....the slidebar!lol

Bill Martin
Bill Martin

fuck that steakhouse and any other one they own fucken liars

stinkymonkey
stinkymonkey

This is a bunch of shit. The article says that Mc stinkynigger tipped generiously. Everyone knows that niggers don't tip. If I was the judge I would have thrown it out of court and heald stinky nigger in contempt.

neorenartstudio
neorenartstudio

I used to work in Orange county and I am not black. Actually I am white but happen to be a foreign born citizen. The people at the company were nice to me until one guy asked me why I was fluent in so many other languages. I told him I was not born in the US. The attitude changed. I got called a foreigner and told to get out. When I protested and said I was a US citizen, I was told: Foreigner- not born here. Anyway, the person who was mocking me became promoted and I had to leave. I did not sue or anything,

It is just sad, The US just cannot be one nation under God after two and a half century. Still full of primitive tribal hatred. Citizens just cannot treat each other as just Americans. And that at the time when we have so many enemies. Sad indeed.

Tina
Tina

Thank you for publishing this story.  This kind of action needs to be known about and talked about and for everyone to see and hear about it.  Absolutely, McHenry had to go back again and again.  The whole point is that, well I can only speak for myself, I don't want people to be excluded because of skin color.  Yes, even in a privately owned restaurant.

Hang Em Man
Hang Em Man

You know what is really sad? This guy gave was a regular customer and got this kind of treatment despite his generous tips ;(  Anyways, business is business. Don't ever make a paying customer feel unwelcome.

Tom12
Tom12

Im not racist, I just observe, that server should go to jail for hate crimes

Tom12
Tom12

He left a.good tip...... I'd understand if he didn't tip, I'd never do that, but where I'm from 3 white tables outta a full resturant is the norm, and getting tipped 0-5% from African Americans is the norm even to African-American servers, I dunno if they don't know we only make $2 an hr.....I really don't.think they care, but its sad to have $500 in sales and leave w/ less than $20, usually $10-$15 after tipout......yeah we have to.give.our tips to ,.foodrunners, bartenders, busboys, and hostess.......yeah so when we should leave w/ $150 we get 10%, now 10 to15% of African-Americans do tip! some nights I thank god for them when they make up for the other ppl who haven't , they aren't the only bad tippers, red necks don't tip if they do its coin change, canadians don't tip a dime, servers make $10 hr in Canada.........Jus my obervation after 10 yrs serving in south Carolina........sad

Carol Brower
Carol Brower

i dont understand why or how they were able to add that to the receipt. is that what they typed instead of table number or bar stool number? if thats the case then it's pretty unnecessary. if this guy was a regular they should have known his name of maybe his favorite food and could have jokingly labeled him "ribs" or "hamburger" or whatever. also have none of you people posting looked at the $10 tip he gave? 

Maria
Maria

So much for California being progressive.  

BibleEqualsFairytale
BibleEqualsFairytale

Racism in Newport Beach?  No way.  Can't you fools stick to wearing Affliction and getting tattoos of barbed wire?  Dorks.  

Evie
Evie

This just makes me sick. I can't believe that in this day and time some ignorant jerk thinks he can get away with this type of behavior! I have seen racism happen on both sides of the color lines -- but it's real origin is pure evil.

Herb Toker
Herb Toker

All due respect here - it was probably the "rogue" bartender at fault and not the restaurant in general.  Is this, or the Ching and Chong thing really all that racist?  I'll acknowledge that it was very stupid for the employees to type those "slurs" into their computer system.  Shit man, I joke around and say the word "nigga," but I'm not a racist, nor would I discriminate against someone of another race in hiring someone, or for any other reason.  Should we lighten up a little and stop being so overly PC?  It's not like they told they guy "Get out, we don't serve black people in this establishment..."  Well, just my $0.02 - and don't call me a racist - my wife is Filipino for crying out loud!  And come on - we have to admit that most racist jokes are pretty funny... aren't they??

gdfhdfhf
gdfhdfhf

Eh, I hope he didn't get TOO mujch money.He deserves legal fees plus $65 total.

African Americans tend to be VERY sensitive and whiney about these kind of things.I was at Popeyes once and an African American employee called me a 'cracker'.

Did I sue? No. Because I'm better than that.

But I could have. Hopefully this restaurant didn't have to pay any more than legal fees + the cost of the meal...

Then again our courts, police, judges, and politicians are corrupt. So they probably had to pay a ridiculous amount.

Either way next time I hear the word 'cracker' directed in my direction. You can expect a lawsuit :)

militarylover
militarylover

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Carolyn Taylor
Carolyn Taylor

Seriously? in this day in time??? Some days I'm embarrassed to be white.

guest
guest

just sue them then u will be nigga rich

MMLee
MMLee

Funny...We, ASIANS  are considered CHING AN CHONG  because of our chinita eyes.!!!  am not offended anyway...Ching and Chong are good MATHEMATICIANS unlike that stupid AMERICAN MONKEY who got us named to a such...'funny names or words.'

dav
dav

I am wondering if A, he saw the comments and continued to go to the place in order to get a nice settlement. B, he did something to piss off a waitress or some other obnoxious behavour (which still doesn't justify the comments) There's more to this story than we're hearing. Who ever wrote this on his bill is a total moron anyway and taints all the other employees.

CHERYL
CHERYL

You know I'm reading these comments and I'm ashamed! WE ALL have prejudice of some sort. But to blatantly be disrespectful to someone is IGNORANT! We all say horrible nasty things about people behind their back. Dont lie.For those that say the gentle man needs to get a thick skin-screw you! When youve been called  McStinkyNigger," "McNigShit" and "McCottonwood, basically the N word. How often or on what day should this be ignored?! We turn our head ignore alot. Sometimes, I just dont feel like it. Now if he had of responded by confronting or fighting. Then it would have been 'oh, another dumb,ghetto ass black man. Stop the madness, we do right by the law were wrong. We do wrong its whats expected. 

Juvenal451
Juvenal451

Not only is the bartender a racist, he does not know how to treat a customer who tips almost 20%...

Valnj20
Valnj20

How come the bartender didn't get punched right away? Smth is fishy!

Bsmith
Bsmith

The negro received treatment comensurate with its skin color.

Hardehardehar
Hardehardehar

The gratuitous comment about Republicans emailing a picture of Obama made to look like a chimp brings to mind how Democrats did precisely the same thing with Bush Jr.

Claimguy20
Claimguy20

I regret that you cannot legislate racism out of existance. I also dont believe taking people to court every time a disparaging remark is made will improve racial tensions. If i make a remark against a black i am labled a racist, its labled a hate crime and i am subject to severe financial penalties. What happened to freedom of speach? I don't have to like what is said but everyone should have the right to make stupid comments without the courts getting involved.

Brandonmuthafenbartlett
Brandonmuthafenbartlett

Hahahahahahahahaha Mcstinkynigger! Thats as classy as it gets. If i was a nigger and a server gave me that receipt i would laugh and tip him extra for makin me laugh. People are way to sensitive these days

promogod
promogod

 It is obvious that the intelligence level on this little blog is zero. However, I will leave you with this little bit of info:

Racism has been fueled in this country since the civil rights movement by the media. It will never end until we stop letting it run our social world. There will always be stupid people that cannot get over a persons skin color. However, why continue to divide people with stuff like "50% of black people feel that OJ is not guilty while 75% of white people think he is guilty". Those numbers are false, but this is exactly how the media broke it down. Whycan't we say "60% of Americans feel that OJ is guilty" and leave race out of it. Remember the story about the black teens down south (I think Alabama) that died because they couldnt swim and all the adults couldnt swim to save them.The media took the story in the dirction of how many black people couldnt swim vesus white people. What the heck does that have to do with anything. Another example was a story about how disperity in dental coverage between blacks and whites is why blacks have trouble in school. They cannot concentrate because of dental pain. Really, you have to be racist or a complete moron to think that holds any kind or reality. WISE UP AMERICA, STOP RACISM BY FIGHTIN THE MEDIA BIAS> TAKE THE FIGHT TO THE MEDIA. WE ARE ALL AMERICANS!!!  

Jeremy Corlis
Jeremy Corlis

Now, I agree it's wrong, but why would he continue to go to a place that made him uncomfortable. And technically, if they served him with the same prices they served other people then they technically didn't discriminate.

Lee_blake
Lee_blake

Kind of strange all this stuff is happening in California - land of everyone loves everyone.

THEBEAST
THEBEAST

evryones replys are so long i just want to say amen

Apostrophe-abuse
Apostrophe-abuse

There's nothing wrong with a word - nigger - so what? But for a customer to be called _anything_ he doesn't like, is inconsiderate.

Ldammond
Ldammond

I am disgusted with so many of these comments!!  it is 2012, anyone who has a problem with people of a different background(for that reason only) need to go back to the hole they crawled out of!!  get a life you hateful SOB's!!!!!!!!!!!!!!

Shekwanmandingojones
Shekwanmandingojones

Irish porch-monkeys can be extremely dangerous. always use caution when you see one creepin' up. let's just hope he does somthing resposible with the windfall.like maybe a new caddie with pink fur on the dash and a big purple swan on the hood. but hey, good for you Sir. only in America can ya get that kinda green for a receipt malfunction. I would've sued the shit outta them cracka-ass-crackas. but my case would've been laughed out of court for being called Mr McHonkey.

stand up
stand up

so happy he sued them! Yup, you hire a racist who gives racist service to your customers, you should pay. It's not having a "thin skin." It's sticking it to those assholes who take our money while laughing behind our backs. And it's a form of justice. That bartender deserved to be fired from here to the moon!

creed diddy
creed diddy

lol GR82BSTUPID as smart as u think u are ur as dumb as that bartender. hang yourself

GR82BYT
GR82BYT

GR82BYT.....that's the real cakifornia issued lincense plate on my BLACK truck. I AM a white male racist.....It's my choice. I think I am better than any black, brown, yellow, or red person out there. NOT because I'm WHITE, just becasue I'm me :). I don't suffer from low self-esteem or guilt for the rich culture that I come from, nor do I think anyone else should. Unfortunatly the history of this country had a little problem called "slavery". Wasn't my idea, wouldn't say that I'd want to be one, or own one for that matter. But it happened in this country. America is the ONLY country to have niggers in it, other countries have black people. Not my fault, not my rules, just the way it is. As a white man in America I have/had some serious advantages over others. I didn't ask for them, but again, its the way it was. I'm sure if I went to China I'd have a hard time getting a job or a place to live as I'd be the outsider there. Unfortunatly the term "racist" is easily apllied to white people, while many Asians, Latinos, etc. have just as strong feeling about other races. Heck Latinos from the north hate lations from the south....I don't get it, but that's their culture and there choice. To me it's all very simple, Dogs will always chase cats, just part of nature, one color of human will always have issues with a different color. maybe not always,  but many times. I don't think it make anyone "ignorant", which is ALWAYS the buzz word when it comes to race, I think it just make people different. As long as we're not killing each other, who cares??? If I own a business (I actually own several) why shouldn't I be able to hire only white people? Every seen anyone other than a Chinese person working in a Chinese resturant? Didn't think so. Ever seen a a black Sushi chef? Doubt it.....I don't see that as a problem, just a fact. We don't all need to love each other, and that fact that we choose not to, doesn't make us ignorant, it makes us normal, which may turn out to be the biggest thing we all have in common.....

YouAreIlliterate
YouAreIlliterate

Are you illiterate?  

"After one visit he returned home,saw an inflammatory receipt and discovered older receipts were similarly despicable. "

Climp Jones
Climp Jones

so as long as a nigger is calling a nigger a nigger that's acceptable? 

Energizer2112
Energizer2112

Tip is nice, but he must have seriously upset the bartender and probably other staff. Something's up with this story that the knucklehead race-baiting reporter won't mention.

dav
dav

I think the customer went back over and over in order to save these comments on his bill as evidence for a nice settlement.

JoeDeleon
JoeDeleon

In your case it would read Mr. Asshole!

Rick Miller
Rick Miller

You make some great points but I must mention the fact that you are wrong about no other country having niggers only blacks. The truth is there is no such thing as blacks, they are ALL niggers where ever they group. You just need to widen your news sources.Both Canada, Paris and England are experiencing the same nigger problems we are if not worse because they are all much more liberal.

CETCollective
CETCollective

Hey GR82BPU-trid, What, were you Heinrich Himmler in a past life? Your spelling is passable for a 3rd grader, your argument is beyond stupid.Good luck on hiring only white people in your three businesses, what did you say their names were? If you had even just one testicle you'd put your $ where your pie-hole is and tell us all the names of these three thriving establishments  :)I am thinking a business you'd like would be "Cletus' the Slack-jawed Yokel Whitewashing LLC" or "Bubba's Monster Truck Accessories" or "Adolf's Geneology for White Folks."

tpashwill
tpashwill

His name was Heinrich Luitpold Himmler wasn't such a bad guy and actually tried to negotiate peace with the allies prior to the fall of Berlin in order to prevent casualties.  Collective, you probably haven't ever even left your home town.  I have seen and dealt with black people all over the world.  From CA to FL to Paris, to Shanghai and they are all nothing but trouble.  They are just different then we are.  The vast majority of them just don't want to work and live productive lives.  They want to hustle and weasel their way out of working and it has had a negative impact on every society that refuses to admit that.

 

In the 1950s (before affirmative action and welfare) black unemployment was actually lower than white.  Also, child birth out of wedlock was also lower for blacks than whites.  This is because the the welfare mentality hadn't set in and they were forced to take care of themselves or literally starve to death.  Now that the government will take care of them no matter what, you have them running amok.  Just look at Detroit: after the riots of 1968 it is basically all black people and run by black people and the city is falling apart.

 

Race is an interesting thing and poses a lot of complex questions.  I certainly don't have all the answers but I would argue neither do the liberals and often the policies enacted by liberal governments always have the opposite of the intended effects.

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