Female Chipotle Customer Faces Consequences for Food Tossing Incident
A viral video showcasing a woman, Rosemary Hayne, verbally abusing a Chipotle employee named Emily Russell, and then tossing food at her, gained widespread attention following the incident. Hayne, a 39-year-old mother of four, subsequently admitted to assault charges and received her sentence last week in a court in Parma, Ohio. Judge Timothy Gilligan provided her with two choices: 90 days in jail or 30 additional days in jail along with 60 days working at a fast-food establishment.
During court proceedings, Gilligan posed a question to Hayne: "Do you want to spend two months in her shoes and learn how people should treat each other, or do you want to go to jail?" Hayne answered, "I'd like to be in her shoes."
CNN reported that Hayne had yet to secure employment by that point. Her lawyer, Joseph O'Malley, expressed her regret over the altercation and her previous lack of criminal history. "Give her a chance and don't allow this day to define the rest of her life," he said to CNN.
According to O'Malley, judicial approval would be necessary for Hayne to work within the fast-food industry, and she would be required to put in 20 hours per week. O'Malley confirmed that Hayne was currently unemployed.
Judge Gilligan also mentioned that he gave the idea of an unusual sentence careful consideration in the days leading up to the hearing. "Every time you watch this video, you'll get more and more upset. I thought, 'What else is left for me to do than to send her to jail?'"
When asked about Hayne's potential job prospects in a fast-food restaurant, Judge Gilligan shared his belief that Hayne would not face any significant challenges in securing employment. "I don't think she's at any higher risk than someone who's just out of work," he said. He added that Hayne appeared to have lost control.
Gilligan mentioned that this was his first time imposing such a sentence, but it was not his first encounter with an incident such as this one. He recalled a case that took place a few years ago in which a customer became violent after not receiving a Happy Meal cookie from a McDonald's drive-through window and was subsequently sentenced to 90 days in jail. "I've seen these cases more often than I enjoy," Gilligan said, having served as a judge for 30 years.
Chipotle responded to the incident, stating that the safety and well-being of their employees is their highest priority and that anyone who fails to respect their team members is rightfully confronted with justice.
Hayne declined O'Malley's invitation for an interview, while Russell reported that she continues to battle stress from the incident and has since left her job at Chipotle, securing employment elsewhere. Additionally, a friend of Russell started an online fundraising campaign for her, which has raised over $7,300 (as reported last week when the verdict concerning Hayne's sentence was shared).
Russell shared her satisfaction with Hayne's sentence with WJW in Cleveland, saying, "She's going to get what she deserves. She didn't get hit in the hand. She's going to learn how to work in the fast food industry, and hopefully, it will all work out for her."
Judge Gilligan required Hayne to pay a fine of $250 and placed her on probation for two years. He expressed uncertainty about the sincerity of Hayne's remorse during the court proceedings, mentioning her continued complaints about the food offered to her in jail.
"She still doesn't realize that it was inappropriate," Gilligan stated to CNN. "You didn't get the bowl of burrito to taste like you wanted, is that your response?" He hinted that the food Hayne would receive in prison likely wouldn't satisfy her.
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