Laguna Beach Cafe Owners Deny Discriminating Against Muslims

By PAUL ANDERSON and PAIGE AUSTIN

LAGUNA BEACH, CA - Muslim women suing Laguna Beach’s Urth Caffe alleging they were discriminated against because of their religion appealed to the public Tuesday to understand their pain and humiliation.

The seven women were kicked out of the restaurant under police escort in April for allegedly violating the cafe’s busy time seating limit, which asks guests to wrap up their meals within 45 minutes when there is a wait for tables. However, the women claim the cafe was filled with empty tables and they were targeted for being Muslim.

"I felt embarrassed, outraged and shocked by the discrimination my friends and I were subjected to," one of the women, Sara Farsakh, said at a press conference in Santa Ana. "We committed no crime, we violated no policy. Our only offense to Urth Caffe was that we are a group of Muslim women that stood out -- visibly stood out -- tarnishing their image."

Urth Caffe officials have denied any wrongdoing or discriminatory actions, saying the women were asked to leave because they violated a 45-minute seating policy. The restaurant owners appealed to its customers to withhold judgment on the women's assertions "until all of the evidence in this case comes to light."

During the incident, six of whom were wearing hijabs, a traditional headdress worn by Muslim women. They allege the seating policy is being used as a pretext to justify discriminating against them, and that the restaurant was reacting to the community’s increasing hostility toward Muslims.

The restaurant’s "busy time seating limit" is printed on placards placed at each table. It reads: "During our busy rush times, if you have already been at a table for 45 minutes or longer, please share or give your table to someone who is waiting. If tables are available, you are certainly welcome to enjoy Urth for as long as you desire."

The women claim that more than 20 tables were unoccupied when they were told they needed to vacate to make room for other customers. They further accuse restaurant employees of staggering their meals between 7:20 p.m. and 8:15 p.m., then telling them to leave at 8:15 p.m. when some in the group had just begun eating.

Other diners, who were white and had been in the restaurant longer, were not asked to leave, the women claim.

One of the women’s attorneys, Mohammad Tajsar, said the manager who asked them to leave within in 10 minutes laughed off their protests.

Farsakh walked through the restaurant taking a cell phone video, showing a series of empty tables.

"It felt surreal to be escorted out by Laguna Beach police officers ...," another of the women, Soondus Ahmed, said. "We were escorted out and made to feel like criminals."

Ahmed said she was suing the restaurant because "I do not want another individual to be subjected to discrimination. ... I am doing this for all women who wear the hijab."

The lawsuit was filed Monday.

Following the release of Farsakh's video last month, Urth Caffe posted a statement on its Facebook denying claims of prejudice.

"Urth Caffe categorically denies any and all claims of racial or religious discrimination against Sara Farsakh. While a full investigation is still on-going, it appears that Ms. Farsakh and her friends violated company policies and that the staff at Urth Caffe in Laguna properly and justifiably applied company procedures," according to the company.

"Urth Caffe neither condones nor tolerates discrimination of any kind. Urth Caffe workforces, multicultural customer base and in fact, Urth's entire corporate culture, are all reliable indicators that Urth appreciates, encourages and lauds peace and diversity.

"Urth Caffe sincerely hopes that its customers will withhold judgment until all of the evidence in this case comes to light. Once the evidence is fully revealed, Urth believes that everyone will be satisfied that Urth Caffe continues to serve all of its guests with the same respect and admiration."

The restaurant's owner, Shallom Berkman, told ABC7 last week that his wife is Muslim, and he strongly denied any discrimination. He said the restaurant enforces the 45-minute seating limit -- especially on the patio -- to keep things "fair" for all patrons.

However, the woman aren’t buying the explanation.

Tajsar said, however, the treatment of the women "is a throwback to the days of 'whites only' signs and colored water fountains, with Muslims now being the convenient targets of discrimination," said Tajsar.

"Urth Caffe's attempt to whitewash its upscale clientele by using its seating policy as a justification to expel those who outwardly appear Muslim is both immoral and illegal and should have no place in Orange County's diverse community," he added.

Tajsar alleged there were several racially charged incidents targeting Muslims around the cafe in recent weeks, prompting the restaurant's managers to "cleanse" the store of Muslims. The attorney said tires have been slashed and the restaurant has been egged by bigots.

The lawsuit does not cite a specific dollar figure for compensatory or punitive damages, but Tajsar estimated it could reach "the millions."

City News Service and Patch Staffer Paige Austin contributed to this report.