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A gay New York City brace say they were addled and asked to leave a restaurant this ages because of their sexuality.

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Nelson Ayala and Jamel Brown Jr., who alive in the Bronx, say the adventure happened at the adjacent Puerto Rican restaurant La Isla Cuchifrito. They say a woman who formed abaft the adverse fabricated homophobic animadversion afterwards they had ordered.

In a video taken by Ayala and aggregate with NBC News, the agent can be heard adage “hombre, mujer” repeatedly, which translates into “man, woman.” She again says, in a mix of English and Spanish, “Everything actual my family: hombre, mujer, nino y nina,” abacus the Spanish words for boy and girl. In a abstracted video attempt by Ayala, the woman can be heard again apologizing.

The restaurant has back accursed the employee, and Boyd Cole, a about of the owner, said, “In no way do they disregard the comments fabricated by their above employee.”

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Ayala, however, said that he and Brown don’t acquire the apology.

“They apologized, and they offered us a meal, but this is not article that should aloof go away,” he said.

Because the adventure happened in New York City, the men accept acknowledged recourse.

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“New York accompaniment law and New York City law prohibit animal acclimatization bigotry in accessible apartment such as restaurants,” Richard Saenz, an advocate at the LGBTQ civilian rights accumulation Lambda Legal, told NBC News. “In NYC, if you acquaintance discrimination, you accept a appropriate to book a complaint with the NYC Commission on Human Rights.”

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Ayala and Brown said they plan to book such a complaint.

While those who are discriminated adjoin in businesses and added accessible apartment accept recourse in New York City and New York state, that’s not the case beyond the country.

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There are currently 21 states, including New York, that absolutely prohibit bigotry based on animal acclimatization and gender character in accompaniment law, with bristles added that adapt their absolute sex bigotry prohibitions in accessible apartment to accommodate bigotry based on animal acclimatization and gender identity, according to the Movement Advancement Project, an LGBTQ anticipate tank. The activity additionally addendum that in states after state-level protections, municipalities may accommodate nondiscrimination protections at a bounded level.

Last month, for example, NBC News appear on a same-sex brace in North Carolina who were told by an agent of a bells area in Winston-Salem that the business does “not host same-sex alliance ceremonies.” Rick Su, a law assistant at the University of North Carolina, said the brace had little achievement of acknowledged recourse.

“North Carolina has no accompaniment law on accessible apartment not accompanying to disabilities and no anti-discrimination laws attention LGBT identity,” Su told NBC News at the time. “Given there is no federal law attention LGBT [people] either, this would beggarly that the bells area is chargeless to discriminate.”

And until this month, North Carolina municipalities were clumsy to canyon bounded ordinances banning such discrimination, admitting that has afresh changed. Following the cessation beforehand this ages of a yearslong moratorium, several North Carolina cities and towns anesthetized their own LGBTQ-inclusive nondiscrimination ordinances.

While advocates are hopeful the Biden administering will canyon added nondiscrimination protections, until that happens there will abide be a check of laws beyond the U.S. back it comes to anti-LGBTQ bigotry protections in accessible accommodations. To advice LGBTQ Americans cross this patchwork, several advancement groups action chargeless resources: Lambda Acknowledged has a acknowledged advice desk, while Movement Advancement Activity has a abundant action map.

As for Ayala and Brown, they said there accept been rallies with LGBTQ activists alfresco La Isla Cuchifrito, and they achievement the protests will animate businesses owners and managers to accommodate bigger training for advisers and let the association apperceive that if addition abroad is discriminated against, “this will be the outcome.”

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“We will all appear calm as one, and will let bodies apprehend our voices,” Ayala said.

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