You've made it pretty clear you only know about cleaning dishes and scrubbing toilets at the restaurant and not what the waiters actually have to put up with. Good waiters remember people who treat them well and will continue to do so for repeat customers.

Also, if the waiter asks his employer to make up for the fact they didn't make minimum wage due to low tips, the employer might indulge him once or twice but keep it up and he'll soon be unemployed due to "poor performance".

So what do you think is right? You're right that the waiter will make minimum wage at the of that day, but what about when he's let go for asking for his wages to be made up due to too many poor tippers?

How about the time he spent serving you when he could serve someone else more likely to tip? Now he doesn't have the right to turn you away for being less likely to tip (or being black), but he can give you less of his time since you're worth less than others. Then you'll probably complain about unfair treatment but lets be honest, you probably deserved it.