DENVER (AP) — Actor and comedian Marlon Wayans He says he is being unfairly prosecuted for disturbing the peace over a dispute with an airline employee who allegedly targeted him because of his race.
Lawyers for Wayans, who is Black, made the allegations in a lawsuit Thursday that asked for the case to be dismissed Due to a dispute over luggage At Denver Airport.
Wayans was cited for disturbing the peace, a municipal violation, in June, police said. According to the court filing, a United Airlines gate agent told him he couldn’t board a flight to Kansas City with three bags. The gate agent apparently tried to physically prevent Wayans from boarding the plane after he packed his luggage into two bags to comply with airline policy, the filing said. He boarded the plane anyway and was later asked to get off the plane before it left.
As Wayans worked to rearrange his luggage, the gate agent continued to allow white passengers with three bags to board, according to the court filing, which included surveillance video still images of the white passengers with yellow arrows pointing to each of their bags. She added that about 140 people boarded the plane, many of whom were carrying three suitcases and large suitcases, which represents a violation of company policy.
Wayans’ lawyers say the gate agent racially discriminated against him, and that Denver prosecutors, by continuing to pursue charges against him, are perpetuating that discrimination and depriving him of his right to equal protection under the law.
“The City of Denver’s position is an affront to the principles of constitutional and social justice,” Wayans’ attorneys said.
A phone message and email to the city attorney’s office were not immediately returned. United did not immediately respond to an email requesting comment.
In a statement issued by United in June in response to questions about what happened to Wayans, the airline said an unnamed customer “pushed” an employee at the jet bridge and tried to board the plane.
According to data recorded on a police body camera and cited in the file, a gate agent told officers that Wayans “pushed” or “elbowed” him as the comedian was boarding the plane, which Wayans’ lawyers say is a lie. They say the Wayans may have interacted with the agent while he was on the rise.
The investigating police officers were suspicious of foul play, according to the file, but the gate agent asked to pursue charges.
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