Lawsuit filed by Muslim family against apple orchard owner for racist exchange caught on video

FOX 2 (WJBK) - A Muslim customer of Erie Orchard in Monroe County has filed a lawsuit after a racist exchange caught on camera.

"Every Muslim that comes in here steals from me," said Steve Elzinga on phone video.

It is the main piece of evidence for some serious allegations which has prompted a lawsuit to be filed on behalf of Joe Mahmoud and his family    

"Elzinga was holding them on the premises for $58 bucks -  threatening police but police were never on the way," said attorney Abdallah Moughni.

Earlier this month Mahmoud brought his family to the Erie Orchard to pick peaches. As they were leaving they were confronted by the orchard’s owner Steve Elzinga.

FOX 2 spoke with both parties on August 15th.

"He goes to the back door and opens the door where my daughter is and goes through her bag," said Mahmoud. "I’m like what are you doing?"

That was when Mahmoud started recording.

"That’s why you are acting like this," Mahmoud said.

"And that why you are going to pay," Elzinga said.

"I blew it," he later told FOX 2. "Obviously a lot my customers are Muslims and they are not all thieves. But there is a contingent that comes here, and for some reason thinks they can pick free. and he’s one of them."

A public apology was posted on the orchard's website to the Mahmoud family and community. But their attorney says the damage has been done - he claims two of his client’s three daughters are seeking therapy to process what happened.

"And understand that not everybody sees them as criminals," said Moughni.

But the attorney claims there was a crime committed here.

"It’s a 15-year felony for falsely imprisoning somebody and that is what this man did," said Moughni.

The attorney also handed the complaint to the Monroe County Sheriff's Office to see if there is enough evidence here for a criminal case as well.

In the meantime he will pursue the civil case and feels others may have had a similar experience at Erie Orchards.

"Please come forward, if not only to help your own case - but to help this family who was traumatized," said the attorney.