The lawyer representing The Happiest Hour, Elizabeth Conway, argued that he was not discriminated against because only religious, not political, beliefs are protected under state and city discrimination law. Piatek said in his lawsuit that the episode "offended his sense of being American".
In January of 2017, Greg Piatek, 31, of Philadelphia was kicked out of a bar in the West Village area of New York City. Trump supporters are easily recognisable in public, proudly wearing the iconic Make America Great Again caps. The lawyer also told the judge that bar staff should have understood Piatek's religious beliefs based on the hat.
Piatek said that the bartender told him, "Anyone who supports Trump-or believes what you believe-is not welcome here".
"The objective of the hat is that he wore it because he was visiting the 9/11 Memorial", he said.
Piatek had sued the bar and was seeking unspecified damages.
Given Kanye has been posting his unadulterated support for President Trump on social media and even posting photos wearing the signature MAGA hat the rapper may want to steer clear of The Happiest Hour. "He was asked to leave after being verbally abusive to our staff, which is something we don't tolerate regardless of who you are". He was paying tribute to 9/11 victims.
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"At the time (Piatek) wore his hat, the election of President Trump was over and therefore (he) had no reason to wear the hat for any political goal", Piatek's lawyers argued, according to the suit.
"Rather than remove his hat, instead he held true to his spiritual belief and was forced from the bar", Liggieri said.
This is not the first time that a MAGA hat-related incident has made the news.
"Certainly while we respect the judge's ruling, it will have implication for those that wish to express their creed, especially in New York and within New York City", Liggieri said.
"The judge concluded that Piatek "does not state any faith-based principle to which the hat relates" and described the incident as a "'petty' slight".
"At the time (Piatek) wore his hat, the election of President Trump was over and therefore (he) had no reason to wear the hat for any political goal".