A federal judge has denied AMC Theaters’ request to dismiss a lawsuit filed by civil rights leader Bishop William Barber II, stemming from an incident in which theater employees called police to remove him for not providing proof of a disability.

The ruling clears the way for Barber’s lawsuit to move forward. He is represented by national civil rights attorney Harry Daniels. 

Barber, a pastor for more than 30 years and former chair of the North Carolina NAACP, is also the founder and president of Repairers of the Breach and co-chair of the National Poor People’s Campaign. He currently serves as founding director and professor at Yale University’s Center for Public Theology & Public Policy. 

The incident occurred Dec. 26, 2023, when Barber attended a showing of “The Color Purple” with his 90-year-old mother at AMC Fire Tower 12 in Greenville, North Carolina. Theater staff demanded proof of his disability before he could use his own chair needed to alleviate pain from ankylosing spondylitis, a form of arthritis that inflames the joints and ligaments of the spine. When he did not provide documentation, employees called police, who escorted him from the theater. 

The case has drawn national attention for raising questions about accessibility and discrimination against people with disabilities.