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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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Perfect example of why we need a loser pay system.

These women should have to cover SW Airlines legal bill in fighting this ridiculous suit.

1 posted on 01/22/2004 7:23:31 AM PST by Republican Red
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To: Republican Red
When I was a very young child, I recited the rhyme as "Eenie, meenie, miney mo; Catch a tiger by the toe." Is that racist, too?
2 posted on 01/22/2004 7:26:13 AM PST by mountaineer
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To: mountaineer
It's tigerism.
3 posted on 01/22/2004 7:27:00 AM PST by dagnabbit (Tell Bush where to put his Amnesty and Global Labor Pool for American Jobs- Vote Tancredo in Primary)
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To: Republican Red
I learned it as "Catch a tiger by the toe" and didn't find out about the "other" version until high school. Does that mean I was a "specist" for 16 years? Man, I hope those tigers don't have a good lawyer!
4 posted on 01/22/2004 7:27:26 AM PST by 50sDad (Hey Vegans! More people were killed this year by dirty onions than by Mad Cows!)
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To: Republican Red
Jury says airline not liable in suit over 'racist rhyme'


Thank God!

5 posted on 01/22/2004 7:28:15 AM PST by haywoodwebb (American, Negro, Conservative!)
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To: mountaineer
"When I was a very young child, I recited the rhyme as "Eenie, meenie, miney mo; Catch a tiger by the toe.""


So did I, and of course it isn't racist. But I have to guess that there was an old version that substituted "tiger" with the N word or some similar slur. Still, it was a ridiculous lawsuit.
6 posted on 01/22/2004 7:28:38 AM PST by AuH2ORepublican (Extremism in the defense of liberty is no vice, moderation in the pursuit of justice is no virtue.)
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To: Republican Red
I'd heard that she actually had used the n- word. Anyway, people who bring ridiculous lawsuits like this deserve to lose more than just a few bucks. They should be publicly humiliated.
7 posted on 01/22/2004 7:29:11 AM PST by WinOne4TheGipper (Don't worry, this won't hurt a bit. MWAHAHAHAHA.)
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To: Republican Red
Perfect example of why we need a loser pay system.

AMEN!!!!!!!

8 posted on 01/22/2004 7:29:17 AM PST by biblewonk (I must try to answer all bible questions.)
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To: mountaineer
You remember the same version I do.

I can not see people being held accountable for what others think rather than what they do. IIRC, the tune that is now used for "Yankee Doodle" was from British drinking song - should Alcoholics Anonymous sue every time someone sings "Yankee Doodle?"
9 posted on 01/22/2004 7:30:37 AM PST by RebelBanker (Deo Vindice)
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To: Republican Red
These women should have to cover SW Airlines legal bill in fighting this ridiculous suit.

Otherwise it is like getting lottery tickets for free. The uppidy bitches hoped to get rich over this stupidity.

10 posted on 01/22/2004 7:30:42 AM PST by biblewonk (I must try to answer all bible questions.)
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To: AuH2ORepublican
I didn't hear the "n-word" version until I was much older, thought it was rude, and never recited it. I don't suppose it occurred to these two offended airline passengers that the flight attendant was thinking of the "tiger" version. Then again, it doesn't really matter what she thought, intended to say or actually said - only that they were offended. Good grief.
11 posted on 01/22/2004 7:31:39 AM PST by mountaineer
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To: Republican Red
Reminds me of the line "You're the pot calling the kettle black" which was said by a white woman (on the Apprentice reality show) to a black woman. The black woman went ballistic.
12 posted on 01/22/2004 7:32:04 AM PST by sarasota
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To: Republican Red
These women should have to cover SW Airlines legal bill in fighting this ridiculous suit.

No doubt about it, tort reform in this country is long overdue.

U Sue ...
U Lose ...
U Pay ...

13 posted on 01/22/2004 7:32:53 AM PST by BluH2o
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To: RebelBanker
You remember the same version I do.

I just found out last year the alternate name for Brazil Nuts ('"N"-toes' for those of us who were not brought up in the South). Does that mean if I offer a black person Brazil Nuts (or as they call them in Brazil, "Nuts") I am being racist?

14 posted on 01/22/2004 7:34:09 AM PST by freedumb2003 (Thank you Democrats: I can now call someone a Kerrying Clymer!)
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To: mountaineer
"IIIIIIIII'LL SUE!"


15 posted on 01/22/2004 7:34:42 AM PST by ItsOurTimeNow ("By all that we hold dear on this Earth I bid you stand, men of the West!")
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To: Republican Red
Southwest attendants are notorious for silly rhymes, folks need to lighten up a bit.

Once, after sitting on the tarmac for a 1/2 hour because a "light on the dashboard" did not come on, the plane took off after the captain said he "tapped it". When we got to cruising altitude, over the load speakers came "We've been working on the airplane, all the live long day. . ."

I was not amused. Still, I did not sue them.
16 posted on 01/22/2004 7:35:34 AM PST by Roughneck (". . .For there is going to come a time when people won't listen to the truth. . .")
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To: Republican Red
Perfect example of why we need a loser pay system.

I'm all for that. Something has to be done to get these rediculous lawsuits to go away.

17 posted on 01/22/2004 7:36:04 AM PST by CougarGA7
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To: biblewonk
Not sure but I think the original version was "catch a Negro by the toe". Rhymes better than the N word version anyway. The tiger by the toe is an obvious effort to clean it up, after all tigers don't have toes.
18 posted on 01/22/2004 7:37:02 AM PST by ItsTheMediaStupid (Keep)
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To: will1776
Trying to find the original on this, but no reports were that the "N" word, or any other offensive word was used. The "ladies" inferred that the whole rhyme was offensive because it could be used that way. They were upset over soemthing that didn't happen. Glad to see a jury with brains.
19 posted on 01/22/2004 7:37:07 AM PST by Hillarys Gate Cult (Proud member of the right wing extremist Neanderthals.)
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To: ItsOurTimeNow
Doubly offended:

20 posted on 01/22/2004 7:37:59 AM PST by mountaineer
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