Comedian Marlon Wayans says he is being unfairly prosecuted over a dispute with a United airline employee who he alleges targeted him because of his race.
As we previously reported, the White Chicks actor was cited for disturbing the peace, a municipal violation, back in June.
According to the court filing, a United Airlines gate agent told him he could not get on a flight to Kansas City with three bags. The gate agent apparently tried to physically block Wayans from getting on the flight after he consolidated his luggage into two bags to conform with airline policy, the filing said. He boarded anyway and was later asked to get off the plane before it departed.
While Wayans worked to rearrange his luggage, the gate agent kept allowing white passengers with three bags to board the flight, according to the court filing, which included still photos of surveillance video of white passengers with yellow arrows pointing to each of their bags. About 140 people boarded the flight, it said, many with three bags and oversized bags which violated the airline’s policy.
The defense team for Wayans accuses the gate agent of racial discrimination against the actor. By continuing to pursue charges against him, they argue that Denver prosecutors perpetuate that discrimination and deny his right to equal protection under the law.
“The City of Denver’s position is an affront to constitutional and social equity principles,” Wayans’ legal team said.
A telephone message and an email to the city attorney’s office were not immediately returned. United did not immediately respond to an email seeking comment.