A Black woman has filed a lawsuit against Atlas Restaurant Group after she was denied service at a Baltimore restaurant because of her son’s “athletic” wear.

Marcia Grant recorded the incident and it has since went viral on social media. In the video, the Ouzo Bay restaurant manager, who has since been fired, told her and her 9-year-old son Dallas that they would not be seated because of his choice of clothing. Dallas was wearing a Jordan brand t-shirt and basketball shorts.

However, in Grant’s video, there was a young white boy, wearing an almost identical outfit, who was allowed service at the restaurant with his family.

Grant, her son and her attorney spoke to TMZ to announce the forthcoming lawsuit. “An apology is not sufficient and it also misses the mark,” said Attorney Donte Mills. “Also, what they did is they said they changed their dress code policy. This is not about the dress code, you have the right to have a dress code. We’re saying apply it evenly.”

Mills also referenced the recent killing of George Floyd, saying, “This is the one step before tragedy. Imagine if Marcia reacted differently and police came to the scene and something happened and now we have another hashtag.”

Since the incident, Ouzo Bay has issued an apology. “NOW is the time for change,” the statement says. “And we believe that change begins at home — with introspection and self-reflection. We are committed to listening. We are committed to engaging in open, honest dialogue about discrimination and racial inequality — with our team, colleagues, family, friends and community. We are committed to educating ourselves, to bettering ourselves and to creating a company culture that celebrates diversity and stands against discrimination in any form.” They have also updated their website to eliminate dress codes for children accompanied by adults.

Catch the video of the incident below and tell us what you think.