Second Suit Filed Against Red Sox Over Green Monster Race Discrimination

A second Boston Fire Department fire prevention employee has filed suit against the Boston Red Sox claiming security officers refused to allow him access to the historic Green Monster during Game 1 of the 2013 World Series on account of his race.

Fire Inspector Rhoan Dalmar filed suit last week claiming that a Red Sox security employee demanded additional identification from him and another employee, Robert Cox. While the complaint does not identify Dalmar’s race, according to a lawsuit filed by Cox earlier this year, both Dalmar and Cox are black.

The suit claims that Cox and Dalmar were single out for the additional security scrutiny on account of their race because a third inspector who is white, Ronald Ingemi, was allowed in without any additional scrutiny. Dalmar claims the trio needed to enter the Green Monster to conduct an “inspection”.

When Dalmar objected to having to provide additional identification when Ingemi did not, he and the security officer got into a heated exchange. As the argument continued, Boston Police were called resulting in Dalmar being escorted out of the park.

The suit alleges defamation and a violation of Massachusetts General Law Chapter 272 Section 98, that prohibits discrimination in “public accommodation, resort or amusement”.

  • Section 98. Whoever makes any distinction, discrimination or restriction on account of race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, deafness, blindness or any physical or mental disability or ancestry relative to the admission of any person to, or his treatment in any place of public accommodation, resort or amusement, as defined in section ninety-two A, or whoever aids or incites such distinction, discrimination or restriction, shall be punished by a fine of not more than twenty-five hundred dollars or by imprisonment for not more than one year, or both, and shall be liable to any person aggrieved thereby for such damages as are enumerated in section five of chapter one hundred and fifty-one B; provided, however, that such civil forfeiture shall be of an amount not less than three hundred dollars; but such person so aggrieved shall not recover against more than one person by reason of any one act of distinction, discrimination or restriction. All persons shall have the right to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, resort or amusement subject only to the conditions and limitations established by law and applicable to all persons. This right is recognized and declared to be a civil right.

Here is a copy of the complaint: Dalmar-v-Boston-Red-Sox

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

BREAKING NEWS: Second Circuit Upholds FDNY’s No Beard Policy

The Second Circuit Court of Appeals has reversed a lower court decision that concluded that FDNY has to allow firefighters with a skin condition an accommodation to have beards. In doing so the court concluded: “An accommodation is not reasonable within the meaning of the ADA if it is specifically prohibited by a binding safety regulation promulgated by a federal agency.”

Another Suit Filed Against LA County Fire Over Kobe Bryant Crash Photos

The Los Angeles County Fire Department is now facing a fifth lawsuit arising out of the photo-taking scandal surrounding the Kobe Bryant helicopter crash. The January 26, 2020 crash killed nine people including Bryant and his daughter.