In the case, Tommy Martin, Mount Holly, claimed the food restaurant violated his civil rights by not putting enough hashrunder on his plate.
The 58-year-old Martin, who is black, claimed that his complexion caused him to be served fewer of the fried potato breakfast.
He filed the handwritten lawsuit on Friday at the US District Court in Charlotte. Martin said the incident, which happened in 2018 on a Hardee in Gaston County, made him feel stupid and gave him a fear of food.
Martin told Charlotte Observer that he felt he was in a scene from the segregated 1
"It's not a money problem," he told Observer. "I just want to be treated fairly."
Hardee has refused to comment and says lawsuits are against an independently owned and operated franchise.
The company told Huff Post that it is aware of the matter and "we take these claims seriously."
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