Lawsuit: Fishbone's mistakes woman for man, ejects her

A woman who says she was mistaken for a man while trying to use the women's restroom at Fishbone's Rhythm Kitchen Cafe in January has filed a lawsuit against the Detroit eatery, claiming she was injured when a security officer physically ejected her from the restaurant.

Detroit resident Cortney Bogorad said in the lawsuit filed Wednesday in Wayne County Circuit Court that the incident happened about 11 p.m. on Jan. 23 after she and some of her friends ate dinner at Fishbone's in Greektown.

Fishbone's owner Nico Gatzaros declined to comment, saying, "I can't comment on anything like that."

Neither Bogorad nor her attorney could be immediately reached for comment this morning.

Bogorad is suing the restaurant for "whatever amount above $25,000," to which she is found to be entitled on eight separate counts, ranging from civil rights violations to intentional infliction of emotional distress.

Bogorad said after she paid for her food, she went to use the women's restroom prior to leaving the restaurant, and while she was in the bathroom, she heard someone shout: "Whatever man is in the restroom, come out now!"

According to the lawsuit, Bogorad continued to use the restroom and ignored the shouting because she wasn't sure who was being addressed. Moments later, a man, who Bogorad believes was a security guard, entered the restroom and again shouted, "This is a woman's bathroom, if you are a man, come out!"

Bogorad said she responded by telling the guard she was a woman, not a man.

"Defendant John Doe did not listen to plaintiff and did not allow plaintiff to show him her identification to prove that she was female," the lawsuit states. "Defendant John Doe instead approached Plaintiff, inches away from her face, and shouted, 'Get out of the women's restroom!'"

Bogorad claims she again tried to tell the guard that she was a female and offered to show her ID, to prove it.

"Both communications were fully ignored by defendant John Doe, who continued shouting at her to leave the women's restroom," the lawsuit states.

Bogorad's friend, who was also present in the women's restroom during the altercation, also attempted to tell the guard that Bogorad was a woman, but he ignored her as well, according to the lawsuit.

Bogorad said the guard placed his hands on her shoulders and "aggressively pushed her out of the restroom, into the restaurant."

After she was pushed out of the restroom, Bogorad saw someone who she said may have been the restaurant's manager and attempted to explain the situation and again offered to show her ID. The individual also ignored her, she said.

The guard then "proceeded to aggressively hold a badge inches away from plaintiff's face and shouted loudly at her, telling her that he was a security officer," the lawsuit states.

Bogorad then swatted the badge away from her face. The guard then picked her up "against her will by her hooded sweater and bra," according to the lawsuit.

The guard carried her to the front of the restaurant and physically threw her out onto Monroe Street, Bogorad said. Her upper torso was exposed to all of the patrons that were sitting inside the restaurant.

"... In the process she sustained physical damages including contusions, wrist injuries, shoulder injuries and scarring which required medical treatment," the lawsuit stated. "As a direct and proximate result of the defendants' wrongful acts, plaintiff not only suffered physical damages, but suffered severe embarrassment, humiliation, shock and mental and emotional distress and anguish."

Bogorad's attorneys are suing the restaurant based on eight counts: violation of the Elliot Larsen Civil Rights Act, violation of the Equal Accommodations Act, intentional infliction of emotional distress, negligent infliction of emotional distress, assault, battery, gross negligence, and negligent hiring and retention.

"Plaintiff is claiming damages for said deprivation and loss of enjoyment of her life," the lawsuit states. "All of these losses and damages continue to this day and will continue into the future, some permanently."

Contact Katrease Stafford: kstafford@freepress.com or 313-223-4759. Follow her on Twitter @KatreaseS_Freep.