It's a stereotype that foreign diners in the US are bad tippers. Whether this is true or not varies from restaurant to restaurant, but it isn't difficult to see why waiters and waitresses might expect people who aren't used to tipping their servers 15-20% at the end of a meal to simply not do it. If a waiter gets stiffed on the tip, the only real recourse is to curse at bad luck before continuing on to the next table. But the manager of the restaurant Aquagrill in New York decided that something should be done about this perceived issue. He decided to add an automatic 18% gratuity to the bill when the diners were foreign, because "foreigners don't tip."
In this instance, the party that was taxed consisted of four diners who all reside in the US, ordered in English and conversed amongst themselves in French during their meal. Their "foreignness" was apparently identified because they all spoke French, so the tax was applied. Adding a tax to a bill without informing the diners in advance is illegal, at least in New York City, where the Department of Consumer Affairs allows a 15% gratuity to be added to parties of 8 or more, as long as notification is conspicuously printed on the menu. The group confronted the manager and eventually paid the bill, noting that they would not return to the restaurant.
The owner of the restaurant, Jennifer Marshall, has since refunded their bill in full and blamed the poor judgment of the manager for the gaff.
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