DENVER – Actor and comic Marlon Wayans says he’s being unfairly prosecuted for disturbing the peace over a dispute with an airline worker who he alleges focused him due to his race.

Attorneys for Wayans, who’s Black, made the allegations in a court docket submitting Thursday that requested for dismissal of the case stemming from a baggage dispute at Denver’s airport.

Wayans was cited for disturbing the peace, a municipal violation, in June, police stated. In response to the court docket submitting, a United Airways gate agent instructed him he couldn’t get on a flight to Kansas Metropolis with three baggage. The gate agent apparently tried to bodily block Wayans from getting on the flight after he consolidated his baggage into two baggage to evolve with airline coverage, the submitting stated. He boarded anyway and was later requested to get off the aircraft earlier than it departed.

Whereas Wayans labored to rearrange his baggage, the gate agent stored permitting white passengers with three baggage to board the flight, based on the court docket submitting, which included nonetheless pictures of surveillance video of white passengers with yellow arrows pointing to every of their baggage. About 140 folks boarded the flight, it stated, many with three baggage and outsized baggage which violated the airline’s coverage.

Wayans’ attorneys say the gate agent racially discriminated in opposition to him and that Denver prosecutors, by persevering with to pursue expenses in opposition to him, are perpetuating that discrimination and denying his proper to equal safety below the regulation.

“The City of Denver’s position is an affront to constitutional and social equity principles,” Wayans’ attorneys stated.

A phone message and an e-mail to town legal professional’s workplace weren’t instantly returned. United didn’t instantly reply to an e-mail looking for remark.

In an announcement issued by United in June to questions on what occurred to Wayans, the airline stated an unnamed buyer “pushed past” an worker on the jet bridge and tried to board the aircraft.

In response to statements recorded on police physique digicam and cited within the submitting, the gate agent instructed officers that Wayans “shoved” “pushed” or “elbowed” him because the comic boarded the aircraft, which Wayans’ attorneys say is a lie. They are saying Wayans might have brushed shoulders with the agent as he boarded.

The cops who investigated had been uncertain that any crime had been dedicated, based on the submitting, however the gate agent requested that expenses be pursued.

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