Court Dismisses Trump MAGA Hat Public Accommodation Discrimination Lawsuit Against The Happiest Hour

In Piatek v. The Happiest Hour NYC (NY Sup. Ct. NY Cty. Index No. 152578/2017 April 25, 2018), the court dismissed plaintiff Greg Piatek’s lawsuit in which he alleged that West Village bar The Happiest Hour violated New York common law, as well as the New York State and City Human Rights Laws, by refusing to serve him and his friends and ejecting them from the bar because he was wearing a “Make America Great Again” cap.

Plaintiff alleged that the hat (which he wore to the 9/11 memorial before visiting the bar) “holds significant spiritual and symbolic import to” him and “is an essential component of Plaintiff’s overall personal and spiritual expression.”

Judge David Cohen, ruling from the bench, reasoned that supporting Donald Trump is not a protected “creed” under the Human Rights Laws, that the New York State and City Human Rights Laws do not prohibit discrimination based on political affiliation, and that the failure to serve plaintiff and eventual ejection from the bar did not amount to “outrageous” conduct.

Here is the decision:

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