Last month, Alex Iovine and Emma Pichl, a same sex couple, were kicked out of an Uber ride while traveling from a Brooklyn restaurant to a birthday party in Manhattan.

On their route, the two say they shared a kiss in the backseat, which they described as a “peck.” Soon after, the Uber driver, Ahmad El Boutary, pulled over and allegedly said, “Get out of my car, you’re not allowed to do that.” Some of the curbside argument that ensued was captured on video by Iovine.

According to the judge, New York City’s Taxi and Limousine Commission “provided no evidence that this refusal of continued service was based on the sexual orientation of these passengers.” He went on to say that the customers’ conduct “violated Uber’s policy prohibiting sexual contact between passengers.”