Muslim man files federal lawsuit claiming orchard owner harassed him

A Muslim man who said a Monroe County cider mill owner harassed him and made Islamophobic comments over the price of peaches filed a lawsuit Tuesday in federal court.

Ypsilanti resident Joseph Mahmoud claims in the 20-page suit filed Tuesday in U.S. District Court for the Eastern District of Michigan that Steve Elzinga, the owner of Erie Orchards and Cider Mills in Erie, made the comments while Mahmoud visited the orchard Aug. 13 with his wife and 8-year-old daughter.

According to the suit, Mahmoud had purchased about $70 worth of goods from the orchard before asking about getting some peaches. An employee told Mahmoud that the orchard didn't have many peaches left, but that he and his family were welcome to look for some and were free to take them without charge, the lawsuit said.

Instead, Elzinga demanded payment for the peaches the family had collected, the lawsuit said. During an argument over the price of the peaches, Elzinga "became irate and started spewing words of racism, islamophobia, and discrimination," the lawsuit said. "Unbeknownst to (Elzinga), Mahmoud began to record the unimaginable racist outburst."

Mahmoud posted portions of the recording on social media a day after the alleged incident.

"On the recording ... Elzinga could be heard telling (Mahmoud), 'Every Muslim that comes here every week steals from me … and that’s why you’re going to pay,'" the lawsuit said.

When Mahmoud tried to leave the orchard, he claims in the suit that Elzinga physically barred him from exiting, although Mahmoud said he eventually was able to leave.

Attempts to reach Elzinga late Tuesday were not successful, although he posted on the orchard's website: "My sincere apologies to Joe Mahmoud, his wife, family, and the whole community for my remarks and actions on Sunday, August 13. I am very sorry.

"As a family business we have made a conscious effort to be a welcoming place for all in an often fractured world, and Sunday’s incident, sadly, did not reflect that. What occurred does not align with my values, beliefs, and heart of inclusion for everyone. I sincerely regret this and offer my deepest apologies."

The lawsuit seeks $25,000 for "loss of earnings and earning capacity; physical pain and suffering including medical treatment and expenses; psychological and emotional injury; and degradation, humiliation, mental anguish, suffering and embarrassment."

In addition to $25,000, the lawsuit seeks costs, interest and attorney fees, as well as punitive and/or exemplarydamages so wrongfully incurred, as the court deems just," the suit said.

ghunter@detroitnews.com

X (formerly Twitter): @GeorgeHunter_DN