Waffle House must face racial discrimination claims for a white manager accused of calling a couple and a child “fucking Mexicans,” among other slurs, and providing a takeout order that was covered with trash.

Ruling on summary judgment, Judge J.P. Boulee of the U.S. District Court for the Northern District of Georgia said the claims for discrimination, tortious misconduct and attorney’s fees could proceed against the restaurant, but threw out claims for negligence, intentional infliction of emotional distress and punitive damages.