In a federal lawsuit filed in Milwaukee on Tuesday, Hamilton, a 40-year-old black man, says his 35-second venture to the restroom on April 18 was an emergency and Delta's decision to remove him represents racial discrimination—as another passenger previously suggested.
Hamilton explains he waited in his seat for 15 to 20 minutes before trying to use the restroom for the first time as the plane sat on the tarmac in Atlanta, per the Milwaukee Journal Sentinel. After a flight attendant told him use of the restroom would forfeit the plane's position in line for departure to Milwaukee, Hamilton says he returned to his seat. Unable to wait, however, he used the restroom 10 minutes later.
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