BANGOR – An Old Town man’s discrimination lawsuit has moved a step closer to trial after a federal judge recommended the denial of a Dunkin’ Donuts motion for summary judgment.

Anthony Watkins, 51, is seeking $50,000 in compensatory damages and $250,000 in punitive damages from Lovely Development Inc., the Newport firm that owns the Old Town Dunkin’ Donuts franchise.

He also is seeking a jury trial and a $10,000 fine under the Maine Civil Rights Act.

Watkins alleges that Dunkin’ Donuts in Old Town refused him service because of his race, according to the lawsuit filed last year in U.S. District Court in Bangor.

U.S. Magistrate Judge Margaret Kravchuk concluded last month that facts in the case are in dispute and the circumstances surrounding the alleged incident should be decided by a judge or jury to determine if discrimination occurred.

Her decision is subject to review by U.S. District Judge D. Brock Hornby.

Lovely’s attorney, Kevin Libby of Portland, said Wednesday that he would file an objection to Kravchuk’s decision and seek a hearing before Hornby.

Old Town businessman Watkins, who is black, and his 6-year-old son allege that they were in the store March 14, 2003, when clerks ignored them for at least five minutes to wait on other customers, according to the complaint filed in U.S. District Court in Bangor.

“In my opinion, there is a genuine dispute of facts material to the question of whether Caucasian customers who were similarly situated received preferential treatment in service when compared with Watkins and his son,” Kravchuk wrote.

The judge also wrote that Lovely’s attorney had failed “to provide the court with any basis for making a determination … [for] a legitimate, non discriminatory reason for Marshall’s conduct. … If you believe Watkins and [a witness], Watkins presented himself for service in the open register line in a manner that was not unduly disruptive to the store, as did white customers. Only Watkins and his son were denied service.”

When other customers saw Watkins and his son waiting, they offered to let the pair in line ahead of them, according to court documents. At that point, Dunkin’ Donuts’ personnel allegedly accused Watkins of cutting in line.

Watkins disputed that and had to raise his voice to be heard over the televisions that were playing loudly in the coffee shop, his attorney Brett Baber of Bangor said earlier this year.

Libby argued in his motion for summary judgment that Watkins went to a register that was closed instead of the two that were open.

When told the register was closed, Watkins argued with employees until other customers let him in line in front of them, according to court documents.

He refused to give an order in that line, and because of his behavior, employees called the police to have Watkins removed.

Watkins claimed that when he complained about his treatment, store personnel called Old Town police. He was not arrested and police did not issue him a summons.

Coincidentally, Kravchuk issued her decision on Oct. 24, the day after civil rights activist Rosa Parks died.

“It shocks me to say that in 2005 in America, there are still places where African-Americans are being told to step to the end of the line,” Baber said last week.

Libby disagreed and called the incident a “misunderstanding.”

“We believe there’s no evidence of any racial animus in this incident,” he said Wednesday. “The evidence will show that Mr. Watkins sought service from a line that was closed, and, then, refused to move into a line into which other customers were being served.”