Good point. They couldn't win this one in court, that's not the purpose; the purpose of this is to pressure and smear a company with negative publicity until they can get a settlement. I would be majorly surprised if there is any racist conspiracy at CB.
Other more likely explanations:
1)In many instances the customers themselves were probably obnoxious a-holes, so they got crappy service.
2)Some of the people who served them don't hate black people in particular, they're just rude to everybody.
3)There also may have been those who have dealt with difficult black people in the past, and tend to overgeneralize. For instance--some restaraunt people will know from experience that blacks are far more likely to leave without paying, and are far more likely not to tip, and treat people accordingly.
Its not fair to do. But then groups do bear some responsibility for their own PR. A better way to fight discrimination then lawsuits would be for blacks to improve their standards of conduct, thus defeating the basis for any discrimination.
BTW As I mentioned in another post earlier I and my wife got dropped from the seating list twice at a black run restaraunt, no law suits, I just didn't come back.
Where I live, its not the black people who behave that way, but the rich, spoiled white kids who attend the local colleges.