Couple files discrimination complaint against Falmouth economic agency. What to know

Rachael Devaney, Cape Cod Times
·5 min read

FALMOUTH — Motor coaches pull in and out of the Depot Avenue bus terminal and customers intermittently dart to The Station Grill to grab a breakfast sandwich, or one of Marion Marcellino's jerk chicken hoagies.

Visitors from all over the world frequent The Station Grill, said John Marcellino of Mashpee, who owns the restaurant with his wife Marion. But the local eatery has also become a site of racial tension, he said.

The Falmouth Economic Development & Industrial Corporation is "always practicing quiet racism with us," John Marcellino, a member of the Mashpee Wampanoag Tribe, said.

After a string of what John Marcellino calls "discriminatory incidents," the couple filed a complaint in May 2022 with the Massachusetts Commission Against Discrimination, against the Falmouth Economic Development & Industrial Corporation, the executive director Wayne Lingafelter, administrative assistant Lynne Broderick, and the state Department of Transportation.

John Marcellino and his wife Marion, photographed on Monday, own The Station Grill inside the Falmouth bus station. The Marcellinos have filed a complaint with the Massachusetts Commission Against Discrimination against the Falmouth Economic Development & Industrial Corporation, its staff members and the state Department of Transportation. "We really wanted to make this work," said Marion Marcellino. "But we've been made to feel very uncomfortable."

The state transportation agency owns the building, according to the complaint, but the Falmouth economic development corporation manages the property.

What is the complaint about?

In the complaint, which was amended in October to add Marion Marcellino's name, the Marcellinos allege eight instances of discrimination based on race, color and national origin.

Marion Marcellino, who identifies as Jamaican-American, said the couple has become fearful of Lingafelter, Broderick, and the corporation board, which includes Thomas Feronti, interim chair, Kevin Holmes, Mark Lowenstein, Robert Mascali, Adrian Merryman, Samuel Patterson, Jr., and Colin Reed.

"We really wanted to make this work," said Marion Marcellino. "But we've been made to feel very uncomfortable."

In 2021, John Marcellino said the corporation wanted to terminate the couple's lease. But after outcry from the local community, the corporation agreed to a two-year lease extension.

Attorney Tim Kenneally, representing the corporation, said the agency has gone to great lengths to work with the Marcellinos. John Marcellino is using the media to gain leverage, Kenneally said.

"He wants to be renewed. And that’s the issue. In my opinion, that's his motivation," said Kenneally.

The Marcellinos' claims of discrimination are baseless, said Lingafelter in a telephone interview Monday. Marcellino continues to publicly litigate his grievances with the corporation but the agency won't follow suit, Lingafelter said.

The lease expires Dec. 31.

Couple alleges they were told to hire more white people

The trouble between the Marcellinos and the corporation began after the couple opened on May 15, 2018, according to the complaint. On Nov. 13 of that year Broderick came to the restaurant and told the couple that they needed to hire more white people, the complaint alleges.

"My wife and I were shocked," Marcellino said during an in-person interview with the Times on Monday. "She said that was what the board wanted."

Broderick denies the allegation, according to Kenneally. Kenneally declined further comment Monday because of the investigation of the complaint made to the Massachusetts Commission Against Discrimination.

John Marcellino also alleges that in May 2022, Lingafelter came to The Station Grill and took pictures of a Brazilian employee. The employee isn't named in the complaint. "It was inappropriate and he made her feel really uncomfortable," said Marcellino.

In an email, which Marcellino provided to the Times, Lingafelter denies any interaction with The Station Grill's employee referred in the email as "Millie." In that email, Lingafelter said he purposefully avoids engaging with the restaurant's employees.

Marcellino also complained about being shortchanged due to race in getting reimbursed for cleaning.

No current board members responded to emails from the Times seeking comment.

What were the lease terms for the restaurant?

The lease terms for The Station Grill are also at issue, according to the complaint. When the business first moved in there was no lease for about six months, the complaint says.

Then, the couple learned from the corporation they would be charged $650 a month, John Marcellino said. The monthly rent increased to $850 on Jan. 1, 2022; and rose to $1,150 on April 1, 2022. The rent in January went to $1,250.

The Station Grill owner John Marcellino points on Monday to a video camera that has been installed inside the restaurant at the Falmouth bus station. "My customers, town officials, community members come in here to eat and they are being listened to and recorded," said Marcellino.
The Station Grill owner John Marcellino points on Monday to a video camera that has been installed inside the restaurant at the Falmouth bus station. "My customers, town officials, community members come in here to eat and they are being listened to and recorded," said Marcellino.

Since 2018, the corporation has forced the Marcellinos to perform duties without pay that are outside their purview, John Marcellino said, such as regularly opening and closing the building; greeting bus riders and giving information on bus schedules; and more.

Marcellino provided a handful of emails to the Times that he said show Lingafelter and Broderick instructing him to conduct duties that are not included in the lease agreement. In the complaint, John Marcellino said he feels that Lingafelter forces him to work for free.

John Marcellino and his wife Marion own The Station Grill inside the Falmouth Station. The Falmouth Station is a former railroad station and is now a bus stop.
John Marcellino and his wife Marion own The Station Grill inside the Falmouth Station. The Falmouth Station is a former railroad station and is now a bus stop.

A letter from a restaurant patron

In an undated letter to the corporation from Laurel Hallman of 10 Hillcrest Drive in Falmouth, Hallman said she was dining at The Station Grill when Broderick arrived and addressed Marcellino "as if he were under her tutelage." A copy of the letter was provided to the Times by John Marcellino.

In the letter, Hallman asked the corporation to reflect on the group's makeup of "predominantly white men" and suggested the corporation hire someone to evaluate the agency's diversity, equity and inclusion policies.

Hallman confirmed by phone Wednesday that she sent the letter on Sept. 24.

What happens when a case is filed with the state commission?

Discrimination complaints with the state agency begin with optional, early mediation to establish if a settlement can be made. If mediation isn’t used or doesn't work, agency press secretary Justine Lavoie said cases enter into investigative conference. That’s truly a time for an investigator to have a 20-minute conversation with all parties to ask direct questions, Lavoie said. "This is a time for the investigator to get information to determine whether probable cause can be issued."

Cameras installed on restaurant property

Lingafelter recently installed white Google cameras throughout the property, John Marcellino said. The cameras have recording and audio capabilities.

"My customers, town officials, community members come in here to eat and they are being listened to and recorded," said Marcellino.

The cameras are another attempt to force the couple out, Marcellino said.

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Falmouth restaurateurs seek help from state discrimination commission