Greg Piatek, 31, filed a lawsuit against West Village burger and cocktail bar The Happiest Hour in March this year, claiming he was denied service there and asked to leave because he wouldn't remove his Donald Trump campaign cap, with a bartender even calling him "a terrible human being".
Piatek's attorney Paul Liggieri says his client was just "adhering to his closely held spiritual beliefs by adorning the hat in question" and should be regarded as a "protected class."
"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 purpose," Liggieri claimed in a set of court papers filed last week. "Rather, [he] wore his hat to pay tribute to the fallen heroes and victims of Sept. 11, 2011."
The Happiest Hour denied the accusations saying that despite Piatek's claims, they had receipts saying that on the night of the incident he paid his tab and left an approximately 20 percent tip, indicating he wasn't upset with service.
"The plaintiff's arguments are entirely fanciful," Happiest Hour attorney Preston Ricardo told the Daily News. "There is zero case law to support them. This latest filing shows once again that this action is a publicity stunt in the guise of lawsuit."