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‘We won’t be serving you tonight’: Restaurant takes family’s food away from table after finding out they have autistic child

‘I’m gonna have to ask you to leave.’

Photo of Stace Fernandez

Stace Fernandez

Server picking up food and text that says 'kicked out of a restaurant because the waiter anticipated my friends autistic child would become disruptive' and 'all right I appreciate it'(l), Woman with young child and same text(c), Same waiter and text with additional 'actually going to cut this short tonight'(r)

This woman and her autistic son were kicked out of a restaurant. Viewers are split about whose side they’re on.

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Bringing kids out to a restaurant can be tricky for parents. On one hand, they want their kids to learn how to behave in a public setting, especially since being a parent shouldn’t mean you can’t ever go out to eat without having to leave the kids with someone.

On the other hand, especially when kids are younger, it can be difficult to get them to not be disruptive.

Some restaurants—like Olive Garden and IHOP—are used to accommodating children, even having color cooks, crayons, and kids menus at the ready.

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But others, especially higher-end ones, tend to discourage them. Here’s what happened at one New Jersey restaurant.

Why were the mother and child kicked out?

“Kicked out of a restaurant because the waiter anticipated my friend’s autistic child would become disruptive,” the text overlay on the video, posted by @worldkingdom123 (a popular repost account) read. The Daily Dot reached out to @worldkingdom123 via TikTok direct message and comment to get the original poster’s handle.

The viral video hit a sore spot for many people, gaining an astounding 10.4 million views and counting.

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In the clip, the waiter takes away what looks like an untouched appetizer and full glass of wine from the table, saying, “In that case, we’re actually going to cut this short tonight.”

Based on the comments section and location shared on the video, this appears to be Houston’s in Bergen County, New Jersey. The Daily Dot reached out to the restaurant’s parent company via email.

“Sorry, but we won’t be serving you tonight. All right, I appreciate it. Have a good night,” the server says, walking away.

The mom and her child, who’s sitting next to her calmly, are in disbelief.

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“For real?” the friend says.

“I’m gonna have to ask you to leave at this point,” the server says.

The mom walks out, putting her child in his stroller.

“Not all kids are the same,” she exclaims at the server. “[Expletive] you guys.”

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But the women didn’t let the experience sour their night and went to another restaurant where the mom and her child were filmed playing and laughing.

“Couldn’t let a stupid thing ruin the night. The food was much better anyway,” they wrote in the text overlay.

@worldkingdom123 This place is kinda wack for this … at least there is a happy ending! #momsoftiktok #momtok #fridaynight #rude #waiter ♬ original sound – worldkingdom123

The restaurant’s dining guidelines on children

In a follow-up video, the mom clarified via text overlay that when they put their name on the waitlist, the restaurant was fully aware that they had a 2-year-old child with them. After waiting an hour and a half for their table, the mom said they requested a high chair. But she said the server said the restaurant didn’t have any.

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She explained that her son is autistic and needs to be safely strapped in to remain seated. Otherwise, he has a tendency to dart away. As an alternative to the high chair, she asked if they could have the stroller at their table or be moved to a table where it wouldn’t be disruptive for staff or diners.

That’s when the viral video of them being kicked out allegedly comes in.

She added that the boy briefly cried when they first sat down but quickly settled in once he got his book.

“At no time was the child excessively disruptive,” she wrote.

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Houston’s dining guidelines hint that it doesn’t prefer young children in its restaurants:

“Our restaurants are generally not the best environment for young children. We welcome families, but we ask parents to keep children at the table and calm vocal infants or youngsters outside of the dining room. We do not offer child seating nor do we allow strollers in the dining room.”

Can a child legally be kicked out of a restaurant for being autistic?

Businesses have the right to refuse service to anyone as long as they’re not part of a protected class under the Civil Rights Act or the Americans with Disabilities Act. Protected classes include:

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  • Race or color
  • National origin or citizenship status
  • Religious beliefs
  • Sex
  • Age
  • Veteran status
  • Disability or pregnancy
  • Sexual orientation
  • Gender identity

Autism is classified as a disability by the federal government, but given that Houston’s policy is clearly stated and doesn’t single out any specific kinds of kids (except for saying it’s not the best environment for young kids), it’s likely in the clear.

And this isn’t the first time an autistic child was kicked out of a dining establishment. This reportedly happened to a Philadelphia family at a Friendly’s, and another mom said she felt unwelcome with her kids at a Rouxpour.

One mom even alleged that she got charged an “unruly children” fee at a restaurant.

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Commenters react

Viewers felt there was more to the story than what was featured in the video.

“The outburst at the end tells me a lot more happened that wasn’t filmed and there is more to this story,” the top comment read.

“What happen before hand is the real question restaurants dont just ask u to leave for that,” a person said.

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“It’s kind of a silent rule you just don’t bring kids younger than 5, unless they can sit tight. Do I agree with it, no. Have I been turned away for having 3 under 3, yes. This is just the way they operate. Your circumstance is even more sad. I’m sorry this happened,” another wrote.

 
The Daily Dot