How do you know it is free?[/quote]
Because I get it for free.
Yes, often times, I have to ask. I don’t insult the fortune cookies though; I quite like them. Plus, sometimes they give me the dessert AND the fortune cookies on account of my kids. 
That’s why if the restaurant has it, they are usually not automatically offered to the non-Chinese patrons.
No VIP pass needed. You don’t need to be a regular to the restaurant. Just ask them. If they have it, they’ll bring it. As for racism, I agree, it’s not that at all. A Chinese family speaking English to each other and to the waiter will get fortune cookies. A Chinese speaking family may be asked whether they’d like to have the dessert.
This is akin to restaurants having specialty dishes written/posted on the wall purely in Chinese. The thinking is the same as offering the desserts – those immersed in western culture probably won’t appreciate these food items, so no point offering them or writing it out in English.