South Dakota Restaurant Forced Gay Teen To Wear ‘GAY-TARD’ Name Tag


A gay teenager in Yankton, South Dakota has filed a discrimination complaint against the restaurant where he once worked after the manager forced him to wear a name tag with a homophobic slur on it.

Tyler Brandt came out as gay when he was in fifth grade–not an easy thing to do anywhere, especially in South Dakota. In June, 16-year-old Tyler started working the night shift at Taco John’s, a Mexican fast-food chain that is essentially a Midwestern regional version of Taco Bell. However, within just a few days after he arrived, Tyler said that the night manager made him the target of egregiously homophobic behavior. In a letter Tyler posted on the Website of the American Civil Liberties Union–which is filing a complaint with the Equal Employment Opportunity Commission on his behalf–he said that the manager was telling homophobic jokes about him behind his back to other employees. One of his coworkers, Kayla Martian, told KDLT-TV in Sioux Falls that she heard the manager say that Tyler was “so gay, it’s not even funny.”

gay teen gaydar south dakota
Image via tacojohnscalledmeagaytard.com

Tyler learned soon after starting work at Taco John’s that the managers had a reputation for picking on employees. However, nothing prepared him for what happened on the night of June 23. Soon after Tyler arrived for his shift, the night manager called him into the office and forced him to put on a name tag with the word “gaytard” printed on it–and then made him go out into the restaurant with it on. Tyler was so humiliated that when customers came to his register, he tried to stand in a way that no one could see the tag. It was to no avail; for nearly the entire shift, the manager yelled “gaytard” loudly enough for everyone in the building to hear. The next morning, Tyler walked in with his partner and quit. He turned in his uniform, but kept the name tag for evidence. Kayla followed him out the door soon afterward.

When one of his friends, Tara O’Gorman, heard what happened, she posted a note to Taco John’s Facebook page (since deleted) saying she would never eat there again as a result of what happened to Tyler. Within less than 24 hours, the Taco John’s page was filled with complaints. It quickly got the attention of officials at Taco John’s headquarters in Cheyenne, Wyoming. However, their response amounted to a non-response. While CEO Jeff Lenville issued a statement calling Tyler’s allegations “deplorable,” he added that since it was an “employee relations matter,” all corporate officials could do was ask the restaurant’s owner, Michael Scott, to investigate the complaint. General counsel Patricia Hays reiterated this to the Yankton Press & Dakotan, saying that since Taco John’s is a franchised business, it’s the responsibility of the restaurant’s owner to investigate the matter. The Yankton restaurant’s manager, John Scott–Michael’s son–told the Daily Press & Dakotan that the whole thing was actually Tyler’s idea. According to John Scott, Tyler picked “gaytard” as a nickname to go along with everyone else at the restaurant having a nickname.

Tyler Brandt (courtesy KELO-TV)
Tyler Brandt (courtesy KELO-TV)

When I first saw this on the ACLU’s Facebook page, I initially thought it was snark. After all, I found it hard to believe any employer would find this behavior acceptable. After reading more about this affair, I have to wonder if John Scott had a straight face when he claimed that this was Tyler’s idea. Do he and his father seriously expect anyone to believe an openly gay teenager to willfully go along with such a stunt? For their sakes, as well as those of Taco John’s, I hope the Scotts aren’t really planning to peddle this story before the EEOC.

If anything, Taco John’s buck-passing is at least as outrageous as what originally happened to Tyler. You would think that any fast-food chain–or at least any fast-food chain that didn’t have its collective head up its collective rear end–would have investigated the matter itself. After all, Michael Scott’s name isn’t on the front of the restaurant. People aren’t going to say that Michael Scott condones homophobia. They’re going to say Taco John’s condones homophobia–and Taco John’s is being willfully ignorant of this with its inaction in this matter. A 1999 Texas Supreme Court case doesn’t bode well for Taco John’s claim that it isn’t responsible for its franchisees’ actions. In that case, Kirby, the door-to-door vacuum company, was held liable for a salesman raping a woman in her home. Although Kirby’s distributors are independent contractors, the court held that Kirby maintained control over them by requiring them to only sell their products door-to-door.

I’m reminded of Kristy Hammonds and Michael Setzer, those two knuckleheads at a Domino’s Pizza in Conover, North Carolina–an hour north of me–who thought it would be funny to post a video on YouTube showing Setzer sticking cheese up his nose before putting it on a sandwich. Even though none of the food ever went to customers, Domino’s struck fast and hard.


Within hours of corporate officials learning about the video, Hammonds and Setzer were fired. Domino’s corporate also made noises about suing Hammonds and Setzer, but it looks like they backed down after they both pleaded guilty in 2010. Given the beating Domino’s reputation took from this stunt, I doubt it would still be in business if it merely deemed that video to be an “employee relations matter.”

The ACLU has started a Tumblr feed where people can post a selfie with slurs they’ve been called in the past. It’s also launched a petition calling for Taco John’s to issue a real apology to Tyler. Sign here.

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Darrell Lucus.jpg Darrell Lucus, also known as Christian Dem in NC at Daily Kos, is a radical-lefty Jesus-lover who has been blogging for change for a decade. Follow him on Twitter @DarrellLucus or connect with him on Facebook.

Darrell is a 30-something graduate of the University of North Carolina who considers himself a journalist of the old school. An attempt to turn him into a member of the religious right in college only succeeded in turning him into the religious right's worst nightmare--a charismatic Christian who is an unapologetic liberal. His desire to stand up for those who have been scared into silence only increased when he survived an abusive three-year marriage. You may know him on Daily Kos as Christian Dem in NC. Follow him on Twitter @DarrellLucus or connect with him on Facebook. Click here to buy Darrell a Mello Yello.