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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: Paved Paradise
HA! My wife has you beat at 4'11''
That's ok though, all the good parts are close together ;)
41 posted on 01/22/2004 7:55:27 AM PST by CygnusXI (Where's that dang Meteor already?)
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To: Moose4
"If we had jurors of our peers then we would have won the case today, and we should have won the case today, with all the evidence shown," she said.

She might be correct about that, except that a jury of HER peers would have been too dumb to figure out where the courthouse was and show up for jury duty. Besides, the "jury of ones peers" applies to criminal trials, not civil (and even if it did apply in civil cases, it would be more fair to apply it to the defendant like in criminal trials, not to the plaintiff). Duh!

42 posted on 01/22/2004 7:56:14 AM PST by Still Thinking
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Comment #43 Removed by Moderator

To: freedumb2003
I just found out last year the alternate name for Brazil Nuts

I heard both the eenie, meenie and Brazil nut n-versions, and I didn't grow up in the south. I had an uncle who was fond of such language. We called him Uncle Bigot.

If you really want to confuse people, call them Brazil toes!

44 posted on 01/22/2004 7:59:00 AM PST by Jeff Chandler (2004: The Neocons vs. The Neocoms)
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To: Baynative
Then he accused Bush of being a racist elected by racists because his middle initial is the same letter that WHITE starts with.

That sort of caller is a gift to a talk show host!

45 posted on 01/22/2004 8:00:17 AM PST by Jeff Chandler (2004: The Neocons vs. The Neocoms)
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To: NewHampshireDuo
Working lunch at White Castle!
46 posted on 01/22/2004 8:01:19 AM PST by stainlessbanner
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To: NewHampshireDuo
I had a black woman (an engineer no less) in my group quite a few years ago who refused to attend a meeting in a conference room that had the word "white" in it.

Was Bing Crosby's White Christmas playing on the music system?

47 posted on 01/22/2004 8:02:08 AM PST by Jeff Chandler (2004: The Neocons vs. The Neocoms)
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To: Baynative
Let's call a spade a Spade!

48 posted on 01/22/2004 8:07:33 AM PST by Jeff Chandler (2004: The Neocons vs. The Neocoms)
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To: Baynative
he accused Bush of being a racist elected by racists because his middle initial is the same letter that WHITE starts with.

He also had a problem with Rickey Williams, Willie Mays, Whitney Houston and Barry White.

49 posted on 01/22/2004 8:08:58 AM PST by mountaineer
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To: Jeff Chandler
(Source of photo: films)

50 posted on 01/22/2004 8:10:09 AM PST by Jeff Chandler (2004: The Neocons vs. The Neocoms)
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To: mountaineer
I'm dreamin of a black Christmas...
Just like the ones we used to know...

Sort of puts a new meaning to the song...
51 posted on 01/22/2004 8:10:45 AM PST by Hotdog
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To: will1776
I'd heard that she actually had used the n- word.

Nope. Believe she said, "Eeenie, meenie, minie, moe...pick a seat we've got to go." Or something close to that.

52 posted on 01/22/2004 8:11:51 AM PST by PBRSTREETGANG
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To: Baynative
You couldn't make this stuff up.

Well the caller managed to make it up.

53 posted on 01/22/2004 8:13:59 AM PST by ItsTheMediaStupid (Keep)
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To: Roughneck
Southwest attendants are notorious for silly rhymes, folks need to lighten up a bit.

These women were just looking to win the lottery ... nothing more.

Just like another poster wrote ...

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

54 posted on 01/22/2004 8:20:09 AM PST by clamper1797 (Conservative by nature ... Republican in Spirit ... Patriot by Heart ... and Anti Liberal BY GOD)
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To: Republican Red
Eenie Meenie Miney Mo, catch a monkey by his toe That is the version we used. I have broached the question of Brazil Nuts to a friend of mine, who is a bit darker complected than I. He calls Brazil Nuts N-toes, as do all of his relatives, friends etc....Just what they are called...sorry.

I miss the days when the Italian could be called a "wop", the Irish a "Mick" etc, and it was an affectionate way of speaking amongst our mixed groupings.

55 posted on 01/22/2004 8:20:25 AM PST by jeremiah (Sunshine scares all of them, for they all are cockaroaches)
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To: Republican Red
On a very serious note, if anyone wants to know why there is still discrimination in hiring they need only look at this article. I understand and agree that years ago, there was blatant unreasonable discrimination. Today, the problem is that even if an employer wants to be fair, he always has to have stories like this in the back of his mind.

Every time there are lawsuits over stuff like this I wonder why anyone would hire a person who could turn out to be a hypersensitive employee in a legally-protected class. Imagine having either one of these two women in small business. The possibility of a frivolous lawsuit just because one of them was "offended" is too great a risk to take.

The legal fees and the drain on the owner's time would be enough to sink any small business.

And, the owner would probably have to keep employing and paying the disruptive employee or risk a further discrimination suit.

56 posted on 01/22/2004 8:20:55 AM PST by CurlyDave
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To: NewHampshireDuo
I don't blame them, I wouldn't sit in a room named after anything from Dungeons and Dragons either! Star Trek, maybe.
57 posted on 01/22/2004 8:21:41 AM PST by conserv13
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To: Republican Red
Don't even get me started on the centuries of oppression of rillah-rahs by the hutsut Ralstons.
58 posted on 01/22/2004 8:21:43 AM PST by P.O.E. (So sigh not so, but let them go and be you blithe and bonny - Shakespeare)
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To: Republican Red
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.

I agree, but there'd have to be some sort of mechanism to determine frivolity, or tons of legitimate lawsuits would never occur, on fear of losing.

MM

59 posted on 01/22/2004 8:24:00 AM PST by MississippiMan
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To: will1776
I'm offended by all of these offended people. Can I sue?

Your offense offends me. You are SO sued.
60 posted on 01/22/2004 8:24:56 AM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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