Shavelle Devine pulled up to the drive-through window at a Faribault Burger King on Halloween and found the employee working the register with her face covered in dark makeup. Devine recorded the encounter, and in the video the employee tells her, “I'm just Black today,” later adding, “I just wanted to be Black.” Devine has since filed a discrimination charge against the restaurant under Minnesota civil rights law.
According to CBS News Minnesota, the charge alleges race and color discrimination in public accommodations and business under the Minnesota Human Rights Act. Devine is represented by attorneys David Schlesinger and Lucas Kaster of Schlesinger Kaster, PLLC, who announced the filing. As MPR News reports, Devine posted video of the encounter to Facebook, and per Schlesinger, next steps could include an investigation by the Minnesota Department of Human Rights.
A Clip That Spread Far Beyond Faribault
The footage did not stay local for long. MPR News reports the Facebook video received 13 million views, while PrimeTimer reported the clip had garnered more than 11 million views on Facebook — a discrepancy in the two outlets' counts that has not been resolved. Either figure points to a video that, per MPR News, went viral and drew coverage from national outlets.
That reach has come with a cost for Devine personally. The same report states she has received messages targeting her race and accusing her of seeking money from Burger King. Devine said the incident and its aftermath have been traumatic, and she said she is prioritizing her mental health while the matter plays out.
What Burger King and the Franchisee Have Said
Burger King has said it is aware of the video and takes the matter very seriously, according to the MPR News report. The company said the Faribault location's franchisee is addressing the situation with the restaurant's team, manager and the employee involved, and that the franchisee aims to ensure everyone involved understands the conduct is unacceptable and will not happen again. Burger King did not confirm whether the worker remains employed or has been disciplined.
CBS News Minnesota reports that the employee's name has not been confirmed, and that the attorneys' release does not specify whether the charge names Burger King itself, the restaurant's franchisee, the employee, or whether the Minnesota Department of Human Rights has taken any action on the filing.
How Minnesota's Civil Rights Process Works
Under the Minnesota Human Rights Act, the state's civil rights statute makes it an unfair discriminatory practice to deny someone the full and equal enjoyment of a public accommodation because of race and color, among other protected traits, according to the Minnesota Revisor of Statutes. The Minnesota Department of Human Rights will determine whether the incident is covered by the Act and will open an investigation if it is, per the MPR News report. The department's own guidance notes that businesses open to the public are barred from discriminating based on race, religion, national origin, disability, sexual orientation, gender identity and other protected identities.
Charges with the department generally must be filed within one year of the incident, according to the Minnesota Department of Human Rights. Merriam-Webster defines blackface as dark makeup worn to mimic a Black person, especially to mock or ridicule Black people, a definition MPR News cited in its coverage of the Halloween incident.
For her part, Devine said she hopes people stop and think about their actions. The charge remains in its early stages, and it is not yet clear how the department will ultimately resolve the case.
