Marlon Wayans says he is being unfairly prosecuted after being racially profiled by a gate agent. Wayan’s attorneys made the charges in a court filing Thursday seeking dismissal of the lawsuit resulting from a baggage dispute at Denver International Airport.
Wayans was ticketed in June for disturbing the peace, a municipal infraction, according to police. According to the court petition, a United Airlines gate agent informed him he couldn’t board a trip to Kansas City with three bags.
According to the petition, the gate agent reportedly sought to forcibly prevent Wayans from boarding the aircraft after he consolidated his baggage into two bags to comply with airline regulations. He boarded the aircraft nevertheless and was subsequently asked to exit before it took off.
According to the lawsuit complaint, which contained still photographs of security footage showing white passengers with yellow arrows pointing to each of their bags, as Wayans struggled to reorganize his baggage, the gate agent continued to let white customers with three bags board the aircraft.
According to the airline, around 140 persons boarded the aircraft, and many had three or more baggage, violating the company’s regulations.
Wayan’s attorneys claim that the gate agent discriminated against him and that Denver prosecutors are perpetuating that prejudice and depriving him of his right to equal protection under the law by continuing to seek charges against him.
“The City of Denver’s position is an affront to constitutional and social equity principles,” Wayans’ attorneys added.
The city attorney, Kerry Tipper, said her office does not comment on ongoing matters. An email requesting comment from United was not immediately returned.
In response to queries about what happened to Wayans, United stated in June that an anonymous customer “pushed past” an employee at the jet bridge and tried to board the aircraft.
According to remarks captured on police body cameras and quoted in the petition, the gate agent informed authorities that Wayans “shoved,” “pushed,” or “elbowed” him as the comedian boarded the aircraft, which Wayans’ attorneys claim is a fabrication. Wayans is said to have rubbed shoulders with the agent as he boarded the plane.
According to the complaint, the police officers who investigated were skeptical that any crime had been committed, but the gate agent requested that charges be pursued.
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