A same-sex couple in Houston say an Uber driver kicked them out of the car for sharing a “quick kiss.”

Randall Magill, 28, and his fiancé Jose Chavez, 26, told KTVU they believe they were singled out because they were gay.

The incident happened last month after leaving a holiday event at a friend’s house, they told KPRC in Houston. The couple had been drinking and decided to take an Uber. Magill and Chavez said they were in two seperate seats in a minivan with an aisle between them.

The couple, who got engaged early December, said everything was fine until they went for a kiss. Magill and Chavez say the driver told them he couldn’t take them anymore.

“He said, 'I can’t take you no more.' He was like, 'I’m going to have to drop you guys off,' and we said, 'That’s fine,'” Chavez told Click2Houston. “I was upset. I’ve never been told not to kiss or anything.”

The driver then pulled off the freeway and dropped them off at an intersection.

“He proceeds to pull off the freeway, not in any safe space place or anything , leaves us on the corner of 59 and New Castle, right next to the concrete sound barrier,” recounted Magill.

He said he had never heard of someone being asked to stop kissing anywhere, especially when it’s “just a peck on the lips.”

“I wasn't doing anything that I wouldn't have done in public,” Magill said. “I’m not going to embarrass myself or my fiancé by any means.”

The driver told the couple he had previously told a heterosexual couple to stop kissing, however Magill and Chavez said they don’t believe him.

After they were booted off the ride, the couple called for another Uber to take them home.

“I’ve never had a bad experience with Uber, this was probably, I’ll never use them again,” said Magill. “I was super disappointed. Everyone I have ever ridden with has been very nice, very respectful. Even the ones I could tell were not so comfortable with carrying us, they were very respectful.”

Uber’s Community Guidelines does have a policy against physical contact. The rules say riders should not “touch or flirt with other people in the car.” However, the company said that it does not tolerate discrimination. Uber also said it is investigating the incident and will take appropriate measures after the probe.

Uber’s nondiscrimination policy states:

“Uber seeks to ensure that safe, reliable, and high-quality transportation options are available to everyone. Uber and its affiliates therefore prohibit discrimination against riders or drivers based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any of these characteristics. Any rider or driver found to have violated this prohibition will lose access to the Uber platform.”

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