NJ fines Asbury Park restaurant $5K over sleeveless shirt in nonbinary dress code fight

Michael L. Diamond, Asbury Park Press
Updated ·2 min read
16
Brando's Citi Cucina in Asbury Park.
Brando's Citi Cucina in Asbury Park.

Brando's Citi Cucina in Asbury Park agreed to pay $5,000 to a nonbinary customer who said they were denied service because they didn't comply with the restaurant's dress code, resolving a civil rights complaint, the state Attorney General's office said Friday.

The business also will adopt a gender-neutral dress code for customers and employees at Brando's and the four other New Jersey restaurant that it operates — Beach Tavern and Osteria Molo in Monmouth Beach, Osteria Cucina Rustica in Marlboro and Feast Italian Kitchen in Old Bridge.

"In New Jersey, we refuse to tolerate discrimination against any LGBTQ+ individuals,” Attorney General Matthew Platkin said in a statement. “Today’s resolution is the result of the hard work we’ve committed to doing so that no one is mistreated in New Jersey because of their gender identity or gender expression.”

The case shined a spotlight on Brando's previous dress code, which barred men — but not women — from wearing sleeveless shirts.

LGBTQ battles: Barnegat joins growing wave of school districts repealing transgender student policy

Restaurateur Steven Botta of Freehold Township, shown in 2016 in the dining room of his Brando's Citi Cucina in Asbury Park.
Restaurateur Steven Botta of Freehold Township, shown in 2016 in the dining room of his Brando's Citi Cucina in Asbury Park.

A patron filed a complaint with the Division on Civil Rights against the restaurant in 2023, saying they were denied service for not adhering to the dress code for men even though they previously told the staff they were nonbinary, authorities said.

The restaurant group's owner, Steve Botta, couldn't immediately be reached for comment.

LGBTQ lessons in the classroom: Teachers are willing to talk about race, survey finds. LGBTQ issues? Not so much

The consent order calls for Brando's to pay a financial penalty to the customer and adopt a gender-neutral dress code.

In addition, Brando's agreed to:

  • Pay a $5,000 civil penalty to the New Jersey Division on Civil Rights.

  • Arrange for training on the New Jersey Law Against Discrimination.

  • Refrain from discriminating against anyone on the basis of gender identity of expression.

Michael L. Diamond is a business reporter who has been writing about the New Jersey economy and health care industry for more than 20 years. He can be reached at mdiamond @gannettnj.com.

This article originally appeared on Asbury Park Press: Asbury Park restaurant hit with $5K fine in nonbinary dress code fight