DaytonDailyNews.com

COLUMBUS — The Ohio Civil Rights Commission voted unanimously to uphold a probable finding that an Applebee's restaurant in Springfield engaged in an unlawful discriminatory practice when it denied service to a group of 16 black students after a North versus South basketball game.

After the Feb. 9, 2007, game, customers flooded the restaurant on West First Street, but one group of 16 black students was told to leave by restaurant manager Walter Stevenson "because your group of people never pay (your) bill."

The incident led to charges of racism by the students and Applebee's defending its actions by saying it was a case of mistaken identity.

Frank Hearns III, 20, was stunned. "It's embarrassing because my money is just as good as anybody else's," he said.

"We weren't brought up like that. We went to the restaurant with money," said Courtney Portis, a South High School student at the time.

Portis, Hearns and others hired Dayton attorney James R. Greene III and filed charges of discrimination at the Ohio Civil Rights Commission.

Michael Hawkins, attorney for the restaurant, said, "Race was not a factor. It was not a reason for denial of service."

A couple of weeks before the Feb. 9, 2007, incident, a group of white and black students were obnoxious and a handful of kids walked out on their bills, he said. The general manager told staff that those individuals would not be served again.

On Feb. 9, a waitress told her manager some members of the group were back so the students were turned away.

Hawkins complained about the commission's process. "We think this has been a rush to judgment," Hawkins said.

About a dozen of the students attended the civil rights commission hearing in downtown Columbus on Thursday, March 13.

Greene said the case now goes to an administrative law judge for consideration or he can withdraw the matter from the civil rights commission and pursue a case in state or federal court.

Meanwhile, the students and their parents will begin picketing the restaurant, asking Springfield residents to spend their money elsewhere, he said.

"Our message to Applebee's is they need to come to the table and fix it," Greene said.

Maria Averhart, whose daughter Asia was among those turned away for service, said, "I want the truth to come out. And I wouldn't want any other person or group of people to go through what our kids went through."

Jonathan Weatherby Jr., associate general counsel for Thomas and King, Inc., a privately held company which owns 90 Applebee's franchises, said, "We do not and did not deny service based on race. We have a proud record of serving the entire community."

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lbischoff@DaytonDailyNews.com.