Well, no, Mike, I'm not necessarily saying that's what will happen at THIS PARTICULAR restaurant, but they're already busted.
What I'm suggesting is that if you run the Chinese joint next door and you're doing the same thing, you can respond in two ways. Be even more careful around the white folks, as you suggest, or just split the difference in prices and bring the secret menu out in the open. Go the former route and you can still be sued if somebody overhears you. Go the latter route, and now you've just established yourself as a place where people can come for the real deal. Which makes more sense, especially with the ever-increasing popularity of non-Americanized cuisine?
And moreover, you agree that it's discrimination, but I hope by saying that it's always existed you're not trying to justify it. There's a long history of other types of discrimination in this country as well, but I doubt you'd feel so hands-off about a restaurant in some waspy neighborhood breaking out a pricier menu every time a minority rolled in the front door.
While we can certainly disagree on speculation as to how some kind of court ruling might have a ripple effect, and neither of us are personally offended by the practice of "home team discounts", I'm a little surprised you find it unreasonable that somebody feels something should be done about the fact that they're being charged more beacause of their race.
*Last sentence edited for clarity.
Dominic Armato
Dining Critic
The Arizona Republic and
azcentral.com