A nonbinary person is suing Manhasset restaurant Toku Modern Asian and its owner, Poll Restaurant Group, for allegedly discriminating against them after accusing restaurant management of prohibiting them from using the women’s bathroom.
Joseph Gerbino, who uses they/them pronouns and identifies as nonbinary, alleges in the suit that in January 2024 he had visited the Manhasset restaurant as he frequently does and went to use the women’s bathroom. Gerbino was joined in the bathroom by two female friends, the suit states.
While Gerbino and their friends were greeted by the bathroom attendant, according to the suit, another female diner in the bathroom blocked them from entering the bathroom stall. The suit contends she told them they were not welcome in the bathroom, used profanity towards them and said she would bring the issue to the manager.
The suit alleges that a female restaurant management then ordered them to leave the bathroom, saying that they could either leave the restroom or be banned from the restaurant.
While leaving Toku, the suit says the female manager then got close to Gerbino’s face and insulted them. A different male manager then told Gerbino they were not welcome back to Toku, grabbed Gerbino’s shoulder and “shoved them” out.
Efforts to solicit comment from the Poll Restaurant Group were unavailing.
The suit, filed in Nassau County Supreme Court, alleges they have since been denied service at the restaurant when they attempted to return on April 28.
The suit claims this violated Gerbino’s human rights, as protected under state and county law, and is seeking $5 million in damages. Injuries reported in the suit include “serious and severe” injuries that required psychiatric and mental health treatment.
Toku Modern Asian is one of Poll Restaurant Group’s many restaurants on Long Island. It is located in Manhasset’s Americana.
