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Jury says airline not liable in suit over 'racist rhyme'
AJC.com ^

Posted on 01/22/2004 7:23:30 AM PST by Republican Red

KANSAS CITY, Kan. -- Southwest Airlines is not liable for a flight attendant who upset two black passengers by using a version of a rhyme with a racist history, a jury determined Wednesday.

The two passengers, sisters Louise Sawyer and Grace Fuller, were heading home from a Las Vegas vacation nearly three years ago when flight attendant Jennifer Cundiff, trying to get passengers to sit down, said over the intercom, "Eenie, meenie, minie, moe; pick a seat, we gotta go."

The sisters say the rhyme was directed at them and was a reference to a racist version that dates to before the civil rights era.

The sisters filed a federal lawsuit against the airline claiming they were discriminated against and suffered physical and emotional distress. Judge Kathryn H. Vratil ruled last year that the case could proceed to trial, and it began on Tuesday before an eight-member jury.

The jury returned its verdict in favor of the airline Wednesday evening.

Attorney Scott A. Wissel, representing the two women, said in his opening statement that they were humiliated and degraded when Cundiff used the phrase, and decided to sue out of frustration after Southwest Airlines would not take their complaint seriously.

Cundiff, who is white, testified that she had used the rhyme before on other flights. She said Southwest Airlines encourages employees to use humor to help make flights more fun and memorable.

She testified that she was confused why someone would complain about the rhyme. It was not until later that she learned about the racist version, she said.


TOPICS: Culture/Society; Miscellaneous; News/Current Events; Politics/Elections
KEYWORDS: eenymeeny; hypersensitivity; lawsuit; swa; thinskin; walkoneggshells
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To: CygnusXI
I'll have to share that one with my hubby for a good laugh.
101 posted on 01/22/2004 10:23:41 AM PST by Paved Paradise
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To: MississippiMan
Sorry. Both I and the English language exhibit limitations at times.

I meant to express irony, not sarcasm, about SW's letting this go without countersuing for the subject abuse of process. All the best, MM.....

102 posted on 01/22/2004 10:24:50 AM PST by tracer
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To: Bloody Sam Roberts
I knew the singer but didn't recall that the song was positive. I guess I just remember being harassed by other people who only repeated the refrain. I was really kidding about rights for short people. My point is that many people have something that could easily be used as a "discrimination point" so why do they make such a big deal.
103 posted on 01/22/2004 10:27:42 AM PST by Paved Paradise
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To: Republican Red
"If the verse doesn't fit, you must acquit."
104 posted on 01/22/2004 10:28:03 AM PST by Tall_Texan (Some day I'll have a rock-hard body - once rigor mortis sets in.)
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To: Tall_Texan
Y'all just wait until Michael Jackson's true defense strategy comes out. It's gonna be "You better acquit cuz if you don't the nephews gonna riot so bad it gon' make OJ look like a picnic at Neverland."
105 posted on 01/22/2004 10:31:23 AM PST by johnb838 (Write-In Tancredo in your Republican Primary)
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To: johnb838
I mean it's going to make Rodney King look like a picnic.
106 posted on 01/22/2004 10:31:56 AM PST by johnb838 (Write-In Tancredo in your Republican Primary)
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To: tracer
Best to you, as well, Tracer. :-)

MM
107 posted on 01/22/2004 10:34:43 AM PST by MississippiMan
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To: Moose4
"It's a shame that the jury pool we had to draw from did not have one black and not one minority," she said.

The implication that blacks and other minorities would have accepted her asinine argument is as racist as anything to be found in the Kloran of the Ku Klux Klan.

108 posted on 01/22/2004 10:36:54 AM PST by steve-b
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To: mountaineer
LOL!!!!
109 posted on 01/22/2004 11:09:48 AM PST by cyborg
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To: TheBigB
wow
110 posted on 01/22/2004 11:10:25 AM PST by cyborg
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To: MPJackal
Thought they had a different name for the Tigers toe. The orginal version used the word Negro which rhymed, Tiger doesn't rhyme. Nor does the N word.
111 posted on 01/22/2004 11:15:30 AM PST by ItsTheMediaStupid (Keep)
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To: conserv13
At least they weren't being niggardly with the peanuts!

Isn't that true! Airlines have become extremely niggardly with any kind of snack. Especially peanuts because of the few who have very extreme allergies to peanuts.

112 posted on 01/22/2004 11:18:47 AM PST by ItsTheMediaStupid (Keep)
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To: MPJackal
I find it difficult to believe anyone that took the time to create a nursery rhyme would also try to degrade a race.

You have to know that racism was at its hight during the reconstruction of the South. The northern politicians were giving land, money and mules away to the blacks, but white rednecks (the original sharecroppers not the Foxworthy type) got nothing. So blacks were seen as the enemy of their and welfare and freedom. Before the war blacks were looked on with pity.

113 posted on 01/22/2004 11:32:00 AM PST by ItsTheMediaStupid (Keep)
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To: ItsTheMediaStupid
They are with the adult beverages too I might add
114 posted on 01/22/2004 11:32:22 AM PST by cyborg
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To: ItsTheMediaStupid
Libs have been playing people against eachother for a LONG time haven't they? Hillary Clinton is my senator so I consider that payback for the carpetbaggers!
115 posted on 01/22/2004 11:34:19 AM PST by cyborg
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To: johnb838
The word is a dialectical version of the Spanish word "Negro" (pronounced Nay-gro) which was the accepted description of the race at that time.

Actually although Negro is Spanish for black its also Latin for black, Negro is the correct scientific name for that race. I thought the N word came from the country Niger and Nigeria, from which many of the slaves came. Since Negro is the correct scientific name maybe we should revert back to that to avoid the Got ya game?

116 posted on 01/22/2004 11:38:54 AM PST by ItsTheMediaStupid (Keep)
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To: sarasota; MotleyGirl70
***** Seinfeld reference alert!


The "Cigar Store Indian" was a great episode treating the hazards of innocent racial-ethnic references. I'll look for some quotes.
117 posted on 01/22/2004 11:40:17 AM PST by Larry Lucido
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To: Larry Lucido
[Street outside Winona's (an Indian, er, Native American girl)]

WINONA: It's just that it's a very sensitive issue for me.

JERRY: And well it should be. I think if you spent any time with me at all,
you'd see I'm very sensitive to these matters as well. You wouldn't be hungry by
any chance, wouldya?

WINONA: (smiling) I guess I could go for a bite.

JERRY: You like Chinese food, 'cos I once went to a great Szechwan restaurant in
this neighbourhood. I don't remember the exact address... (he spots a mailman
crouched emptying a box) Uh, excuse me, you must know where the Chinese
restaurant is around here.

The mailman stands, turns and is revealed as Chinese. He takes offence.

MAILMAN: Why must I know? Because I'm Chinese? You think I know where all the
Chinese restaurants are? (adopts hackneyed Chinese accent) Oh, ask honolable
Chinaman for rocation of lestaulant.

JERRY: I asked because you were the mailman, you would know the neighbourhood.

MAILMAN: Oh, hello American Joe. Which way to hamburger, hotdog stand? (storms
away)

JERRY: I didn't know that...

WINONA: You know, it's late. I should probably just go home.

JERRY: I, I had no idea.

A cab drives by. Kramer leans out the window, along with the top of the Indian.

KRAMER: (yells) Hey Jerry! (thumps cab door with his palm) Look what I got!
(begins doing war-whoops)

Winona looks offended again. Jerry is mortified, and can find nothing to say.
Winona storms back into her building.
118 posted on 01/22/2004 11:43:05 AM PST by Larry Lucido
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To: Republican Red
>>>>>Eenie, meenie<<<<<<

Actually, I'm height impaired, and this appears to be a slur about my height. I think I'll sue!
119 posted on 01/22/2004 11:44:33 AM PST by aShepard
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To: Republican Red
Why, oh why was this ever allowed to go to trial in the first place?
120 posted on 01/22/2004 11:47:44 AM PST by ShandaLear (Howard Dean STILL isn't any safer!)
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