A gay Chicago couple is continuing their fight against a cab company after they claim a driver tried to kick them out of his taxi for kissing in the backseat.
Matthew McCrea and Steven White filed the lawsuit against Sun Taxi this week. Their original complaint, filed with the Illinois Department of Human Rights in October, was dismissed because the department said it had no jurisdiction over corporate entities.
"It's ludicrous to suggest that a cab company is not responsible for the discrimation enacted by its drivers," the couple's lawyer, Christopher Clark, said. "They should be liable under the law for the conduct of their agents."
The suit claims the driver, who is not named in the suit, complained the men were "making sex" in the cab in May 2013. McCrea and White, who were heading into the city from O'Hare, say the driver began flashing the interior lights of the vehicle and then swerved on to the shoulder of the Kennedy Expressway and demanded they get out miles before their intended destination.
The couple says they refused to get out and called police, prompting the driver to get off at the nearest exit and park in a grocery store lot until officers arrived.
"This is a clear violation of the Illinois Human Rights Act which prohibits discrimination on the basis of sexual orientation," Clark, said.
The Department of Business Affairs and Consumer Protection, which regulates Chicago taxis, scheduled a hearing for the driver last summer, which he skipped. He was issued several violations, including unsafe driving, refusal of service and discourteous conduct, and was fined around $2,000.
Neither Sun Taxi or its attorneys responded to requests for comment.