A Local Restaurant Owner Is Suing TikToker Bryce Hall, Alleging ‘Violence Motivated by Race’

Hernan Fernando has accused the app-famous Sway House star of assaulting him and uttering a racial slur during an October confrontation about vaping

Hernan Fernando, co-owner of LAX-adjacent Mexican restaurant Cinco, is suing TikToker Bryce Hall for assault, battery, and “violence motivated by race.”

According to the complaint provided to Los Angeles by Fernando’s lawyer, in October 2020, a Cinco employee asked Hall and his three friends to stop illegally vaping in the outdoor area of the restaurant. At first they stopped, but the complaint alleges they continued shortly thereafter, and ignored the employee’s second request to stop. Fernando then approached the men and asked them to stop vaping. When they refused, Fernando instructed the table’s waitress to give them their check. That’s when things started to escalate. According to the complaint, Hall took a hit of the vape and blew smoke in Fernando’s face. After Fernando placed his hands on Hall to lead him out of the restaurant, a fight broke out between Fernando, Hall, and Hall’s friend Rory Fitzpatrick.

The complaint claims that Hall also called Fernando a slur and mocked him for speaking Spanish. “Who the fuck are you?” Hall said to Fernando, according to the complaint. “I’m from Bel Air, and you’re just a fat Mexican who works at a restaurant.” Part of the fight was caught on camera by an onlooker and was published by TMZ.


Shortly after the incident, Hall told BuzzFeed News that he didn’t start the fight and security footage from the restaurant would accurately portray that. Cheryl Priest Ainsworth, Fernando’s attorney, tells us security footage doesn’t exist because the restaurant moved outdoors to accommodate customers during the pandemic.

An onlooker confirmed Hall’s claim that the restaurant employees started the fight, according to BuzzFeed News, and Hall told the outlet that he was ready to leave the restaurant after employees asked him to, but was waiting to get his credit card back when an employee “grabbed” him.

“The manager then proceeded to tackle my friend to the ground and that’s when I got on top of him and put him in a head lock in an attempt to get him to stop fighting,” Hall told BuzzFeed News at the time.

Fernando suffered a broken hand, Ainsworth says, and is now worried about intervening on behalf of his staff when necessary. “He has concerns now when there’s an issue with a restaurant and he’s asked to intervene, he obviously does it because that’s his job and he’s one of the owners, as well as management, but he has some trepidation about it,” Ainsworth says. “Is this going to be another situation where he gets attacked or jumped by multiple people?”

“Plus,” Ainsworth adds, “he was understandably depressed and scared and worried and anxious about his business.”

Hall, who recently dated Addison Rae Easterling, the second-most followed person on TikTok, is a member of a content house known as the Sway House. Hall is gearing up for a boxing match in June with fellow social media star Austin McBroom. In May, Hall was arrested on drug-related charges in Texas. In August, the LAPD reportedly shut down Hall’s 21st birthday for breaking COVID social distancing protocols.

Hall’s management didn’t reply to an emailed request to comment.

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