Two Black Men File Lawsuit Against Manhattan Apple Store After Being Told “I Don’t Want Your Kind Here”

- By Bossip Staff

Looks like Apple may have to come off some of that gwap!

Two black men are accusing Apple of racial discrimination following an incident that happened in December at the Upper West Side Apple Store. 34-year-old Brian Johnston and 25-year-old Nile Charles have filed suit against Apple, Inc claiming that on December 9, 2010 they visited the Apple store at 1981 Broadway around 3:20 pm to purchase headphones. The lawsuit makes note that Charles and Johnston, who are both black, were wearing “baggy jeans and large sweaters with hoods” when they were approached to an Apple employee, a white male, approximately 6-foot-2 and 225 and in his 50s.

According to the suit, the Apple employee confronted the customers in an “intimidating fashion,” invading their “personal space,” and said to them, “You know the deal. You know the deal.”

The employee then allegedly told Johnston and Charles they had to leave the store unless they planned to make a purchase or see a Mac Specialist, but before they could respond, he told them they were not welcome there because of their race:

“And before you say I’m racially discriminating against you, let me stop you. I am discriminating against you,” the lawsuit claims the employee said. “I don’t want ‘your kind’ hanging out in the store.”


It doesn’t stop there.

The plaintiffs claim they were “shocked and humiliated” by the alleged experience. They were reportedly using their cell phones to record the incident when they allege that another Apple store employee approached them.

“Now you have to go,” one of the employees is claimed in the lawsuit to have said. “If you want to know why, it’s because I said so. CONSIDER ME GOD. You have to go.”

They’ve got to be kidding. Um… Please show them the money because this is just outrageous and unacceptable. And it gets even worse.

Johnston and Charles said they asked to speak to a manager, but the store’s head of security ignored their request. They reportedly found a manager on their own, and made allegations of racial profiling, but instead of sympathizing, the manager asked the store’s head of security to call 911.

“In order to further harass, degrade, humiliate, and discriminate against Plaintiffs, the manager asked Defendant’s Head of Security to call 911,” the complaint reads. “Defendant interfered with Plaintiffs right to purchase personal property because of their race.”

Johnston and Charles filed their lawsuit against Apple, Inc. in February in New York Supreme Court. The filing was made public after the case was moved to U.S. District Court in the Southern District of New York.

The lawsuit accuses Apple of discrimination under both New York and federal civil rights laws. The plaintiffs seek punitive damages, and originally argued that those damages exceed the jurisdictional amounts of all lower courts. They assert they are entitled to damages due to ongoing “emotional pain, suffering, inconvenience, loss of enjoyment of life, and other non-pecuniary losses.”

We’re with them… We can’t imagine in this day and age being treated this way for wearing baggy jeans and hoodies. Unless they’re leaving some important details out about wrongdoing on their part it sounds like it’s time for Apple to pay the fawk up for that racist BS.


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  • nissan

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  • Hannibal


    • AMBER

      ive met several undesirable black people. Those who adhere to stereotype’s, are easier to spot out. im guessing that the hoodies and glazing stare of two unwashed black men, made some PAYING customers – uncomfortable.

    • Hannibal

      I AGREE!

    • rose by any other name 350 8914 ™

      Hi Hannibal.. How are you ? now stfu with that crap!bye!!!

    • Hannibal


    • kerry (wanna play mafia wars? I WIN B!TCH)

      Hannibal you are still an idiot.
      Amber, unwashed?? What gave you that impression? Not everyone stands in front of their sink and wipes there underarms and tw@t and calls it a bath you filthy c!nt.

    • kerry (wanna play mafia wars? I WIN B!TCH)

      there=their, I was overcome with your stink and got confused.

    • jenene

      White men in suits have stolen waaaaay more than any black men in hoodies and Timbs – yet we let them in all time.

    • Kevin O

      Hello Hand on Balls and Amber! We share a similar experience: I’ve met several desirable white chics. Those who adhere to my middle organ type, are easier to spot out. Im guessing that my large woodie and glazed, unwashed log, made them uncomfortable.

    • J. Hall

      Are you stupid or something? You must be white because you THINK you have the right to judge someone by their clothes. Would they have done that with two white guys dress the same way? NO

    • the_goddamn_batman

      Wow, brilliant insight from someone who types in all caps. How is the mid-west doing anyways?


    They looked and dressed like hoodrats so what do you expect? I wouldn’t let them into my store either.

  • NudeBlackBeautyWeb

    I want to see/hear what they recorded. Some people think they can get away with this kind of behavior because they don’t think people will sue them.

    • Fear of a Black Nation

      I’ve seen footage people have taken when in the presence of the police,you trying to tell me know one had footage of this shyt,and im sure if they went in there with mullets,dirty feet,stained tshirts the same would happen again

  • Monique

    Stand your ground,Don’t let them get away with racist act.

  • Dashiki Fawntaquita

    Stay in your place negroes

  • CHY

    This is crap guys! Why do these guys go around menacing people with their gangsta look, hooded tops and baggy jeans and generally looking shady? Truth is, even I a black woman is often afraid around these guys. Truth be told, they must have looked really shady. The court is bound to throw this case out as there is no merit in it.


      There isn’t a dress code to purchase an item from any store. They need to call Al Sharpen…

    • jsilk59

      OK I understand not liking the way someone looks keep an eye on them then. But what did they do besides dress a way the employees did not like.Does that give the employees the right to confront them and verbally abuse them with out provocation? I think not.
      If what the 2 guys are saying is true Apple deserves to be sued and issue an apology.

  • Nic


  • true

    That’s hard to believe. I live and been in that store plenty of times and I must say the employees there are very polite and I see all times of races going into the store and everyone receives the same courteous treatment. Sounds to me like these guys are using a get rich quick scam and using their race as an excuse.

    • Wow!!!

      White ppl do it l the time. And just because you experince great customer service dosen’t mean they did. Older white ppl are the biggest racist on this planet!

    • Juan Carlos de Borbon

      WOW, that was a pretty racist statement. You can’t defeat racism by being a racists.

      I pray some day you’ll evolve beyond this and be able to view people for who they are and not their race.

  • SabrosaPaKLoSepan

    well….if they have this conversation recorder they bout to get paid right??

  • Matix B

    I bet they wouldn’t treat a young white kid rocking the same outfit like that. Black males aren’t the only people who dress like that, but they are the only people who get crucified for it. they won’t get an exorbitant amount of money but they do have a case.

  • me

    What’s up with all you loosers commenting on this site! What a lame life you lead…. To wake up, log on, read stories about people you claim to hate (but everyone can tell you obviously envy) and spend HOURS commenting on these same folks you hate so much! WOW…. please find a spouse,life,job, all of the above! At first you guys were annoying… Now it’s just SAD!! I feel like the loony bin must have internet in their lobby- where else did these psychos come from…. Real talk!!

    • ShawnNeverSettles

      I know right, and to think these people are around us probably on a daily basis.

    • Guest 18

      You’re the lame one! Why don’t you learn to spell “loser” before going on an internet tangent!

    • I'm ze true silver hare

      Its funny cause that means everyday you log on yourself to read the people’s comments about how much they hate celebrities day in and day out. So for you to know that these people are on here that often must mean that you come here just as often. And reading other people’s comments and coming up with some rude criticism is even more pathetic than those who come and comment.

    • Wow!!!

      But yet and still you on here as well!LMAO!!!!

    • BossipIsStupidFormerlyKnown as Equinox

      @ WOW, your reply to silver hare made me burst out laughing!!!

    • jsilk59

      @me first of all it’s “losers” not “loosers” Idiot.
      And how do you know of what you speak if you are not on here everyday yourself reading the comments.You are also replying aren’t you?
      What does that make you? I say a hypocrite.If you really want to see a loser look in the mirror…Real talk! And that goes for your tag along co-signer also.

  • Candycane1

    Some of these comments make me sick to my stomach…I don’t care what the hell they were wearing, it’s not right to discriminate period…ruining it for other customers? Please…and it’s sad that no one points at the fact the other races steal just as much as society claims black people’s all just bullshit..the Apple store employees were wrong for what they did period..

  • bossip Is Full of sh!t

    Always blocking my dam comments!!!

  • Chase The Jock

    I doubt this case has any validity..

  • Mega

    Even is they are unkept or unrepresentable, its still discriminatory for a store to profile you, and then mistreat you. A good manager would of asked them if they needed help finding anything, like the headphones, and they can make thier purchase and leave…
    Leave the pre-crime Bu11sh!t out of it…

    • QueensBoogie

      I agree with you… wtf dresses up and goes all out of their way to buy some headphones?? or buy anything or that matter of fact. It’s allegedly about customer service right?


    Well as a black man in the IT field, I can tell you that racism dominates this field, its one thing for whites to think that you are dumb just because you are black, but I have seen cases where black men with degrees in Computer Science are overlooked because of skin color(fyi computer science degree is better than a computer information systems degree and that degree is better than an information technology degree), I cant tell you how many managers I have had that didnt know JACK about network engineering, yet this is my superior? You wanna know why I have had so many? Cause if you dont know what you doing, Imma take the network down, and compromise the security, and you my dear incompent manager friend are about to get fired and the second HR brings in another admin who shouldnt be in charge of my department, is the second that the network is compromised again

    • AMBER

      so evil… i love it !!!lol

    • Juan Carlos de Borbon

      @HARDMIKE–with an attitude like that, who would want to hire you? Your last statement justifies it. You are a liability regardless of your race.

      I’m surprised that someone hasn’t formed an all-African American IT consulting group. There are many, many black-owned companies who would probably prefer working with an organization like that.


      My company hired me, and they feel that I am a valued employee, thus the reason I remain employed, however, our HR manager is not the one who hired me, which is why we are constantly changing administrators, cause our HR manager is hiring people he feels comfortable with

      And hiring someone who cant even tell where the point of origin is for a network threat is a bigger liability than I could ever be, I mean if you cant keep the network safe, you shouldnt have the job.
      Do you have any idea how many certifications I had to get for my job?
      Network +

      And you mean to tell me that I should listen to someone who didnt even go to school for network engineering, just “management”has to say?

  • always knew

    Well, good for these brothers.

    If they were really informed, they might not want Apple products in the first place. I know it’s the newest craze, but the fact of the matter is, the minerals and materials, used to make those iphones, come from Africa, (it’s the only place where they can obtain, the needed resources).. There are plenty articles about them exploiting Africans and the land in Africa, same as blood diamonds…No one cares about that though..

    I’m glad and I hope they win their suit..

    And I do agree with hardmike about the IT field and how they, regard and treat all blks, in that field, whether they are well versed or overqualified..

    You gotta love America.

    I’m glad that there are remedies (court), to make it right.. Although, it doesn’t help change the overall perspective of us..

  • doug

    Sorry Candycane, but you don’t know what the Apple employees did or why they did it so you can’t say they were wrong! Just like I can’t say they were right. Don’t take sides in this till the facts are in, that’s how these things get over blown!
    My guess is that if this makes it to court, there is a lot of data these two left out and we will hear it, if it gets settled, the employees screwed up and stepped over the line.

  • me

    @ True…. I used to be a religiuos customer @ the Neiman Marcus outlet near my house for 6 yrs! 2-3 times a week. For 6 yrs never had any type of problem, knew most of the employees just loved the store. Than one day… Out the clear blue, an employee accused me of steeling MY stroller that my baby was sleeping inside at the time. I had on a nice brooks brothers outfit, looked very professional that day. They ran up on me when I left the store, made me walk back w/ walkie talkies blasting “we got her, on the way back”…. I was in total shock! When we got back to the store it turns out an empolyee saw me leave w/ a bugaboo stroller and figured I must have stolen it, how could I possibly afford one??? So my baby and I were made to stand in front of everyone, security, managers and other customers… Only to be told sorry you can leave now!! You NEVER know!

  • Really

    @ Dashiki Fawntaquita Really, for real though you sound like a cyber punk. You will post it on a blog, but won’t say it in person.

  • resurrected

    freedom is never free and you always has to show a person, company or corporation that you are not playing with them. Hope that they have a good case to built on.

  • Showza

    Black people in Manhattan? Next thing ya know the Indians will want to come back.

    Bruthas shouldn’t have been casing that store.

  • its2011stfu

    Who gives a rats a** what they were wearing that doesn’t give any excuse to say that to them…now u gonna tell the arabs stop wearing their turbans bc they gonna be discriminated against? I dnt think so! Those ppl in the store were dead wrong for that

  • Chris

    I hope they do get an exorbitant amount of money. This kind of thing happens way too much.

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