The five activists were wearing t-shirts with phrases like "homo sex is sin," "abortion is murder," and "Planned Parenthood murders babies," and in the encounter Rich Penkoski recorded, one employee is shown admitting the shirts were the reason she refused to serve the group.
"We didn't say anything to her," he asserts. "We didn't make a fuss; we didn't make a scene."
Aside from seeking clarity, Penkoski says they did not push the issue or cause a commotion. He now, however, plans on pursuing legal action against the sandwich chain "because of Jack the baker."
As AFN has reported, Christian business owner Jack Phillips has been in and out of court for years, the target of nuisance lawsuits over his refusal to create cakes with messages that do not align with his biblical beliefs about marriage and gender.
"Why is it that we can't refuse service to homosexuals, but we're expected to just take the discrimination from them?" Penkoski poses. "Don't they want equality? Should [we] sue them the way they sue us? Isn't that equal?"
Subway's discrimination policy for employees states that workplaces should be free from discrimination, harassment, and abuse. The franchise also has a statement on human rights, which states that employees, franchise owners, and suppliers should respect human rights and treat all people with dignity and respect, regardless of cultural, social, or economic background.