Actor and comedian Marlon Wayans is claiming that he is facing unfair prosecution for disturbing the peace following an alleged racially motivated incident with an airline employee. Wayans, who is Black, filed a court document on Thursday seeking the dismissal of the case related to a luggage dispute at Denver's airport. In June, Wayans was cited for disturbing the peace, a municipal violation, according to the police. The court filing states that a United Airlines gate agent prevented Wayans from boarding a flight to Kansas City with three bags, even though he had consolidated his luggage into two bags to comply with airline regulations.

The filing goes on to explain that the gate agent attempted to physically block Wayans from boarding the flight. However, he managed to board anyway, only to be asked to disembark before the plane's departure. While Wayans was rearranging his luggage, the gate agent allowed white passengers with three bags to board, as indicated by still photos from surveillance video submitted with the court filing. It is alleged that around 140 people boarded the flight, many of whom violated the airline's policy by carrying oversized bags.

Wayans' lawyers argue that the gate agent racially discriminated against him and that the Denver prosecutors are perpetuating this discrimination by pursuing charges. They claim that continuing to prosecute Wayans denies him his right to equal protection under the law and is an affront to constitutional and social equity principles. The lawyers also criticized the City of Denver's stance, while City Attorney Kerry Tipper declined to comment on ongoing cases.

United Airlines did not immediately respond to a request for comment. In a previous statement issued by the airline in June, they mentioned an incident involving an unnamed customer who allegedly "pushed past" an employee at the jet bridge in an attempt to board the plane. However, statements recorded on police body cameras and cited in the court filing contradict this, with the gate agent claiming that Wayans "shoved," "pushed," or “elbowed” him as he boarded the aircraft. Wayans' lawyers argue that this is a lie, suggesting that there may have been incidental contact between Wayans and the agent during boarding.

The police officers who investigated the incident reportedly expressed doubts about any crime being committed. However, the gate agent insisted that charges be pursued. Attempts to reach the city attorney's office for comment were unsuccessful.