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Posted on Thu, Jan. 22, 2004 | |
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Airline not liable in suit over rhyme Jury rules quickly in discrimination case
A Southwest Airlines flight attendant's variation of the “Eenie, meenie, minie, moe” rhyme did not discriminate against two black passengers, a federal jury decided Wednesday. The eight-member jury in Kansas City, Kan., deliberated for less than an hour before ruling in favor of the airline. Louise Sawyer of Merriam and Grace Fuller of Lenexa, who are siblings, had sued the airline over an incident on a February 2001 flight from Las Vegas to Kansas City. As the two women struggled to find seats on the crowded plane, Southwest Airlines flight attendant Jennifer Cundiff said over the intercom, “Eenie, meenie, minie, moe; pick a seat, we gotta go.” Sawyer, 46, and Fuller, 49, said the rhyme immediately struck them as a reference to an older, racist version in which the first line is followed by “catch a n--- by the toe.” The two women testified at the two-day trial that they were embarrassed, humiliated and frustrated. Fuller testified that she suffered a small seizure on the flight home, which was triggered by the remark. Later at home, she said she had a grand mal seizure and was bedridden for three days. Cundiff, 25, testified that she never had heard the racist version and that she was only trying to inject humor to make the flight more enjoyable and memorable. She wanted passengers to take their seats so the plane could leave. Outside the courtroom, Fuller said there was enough evidence for the jury to find in favor of her and her sister. “There is no justice in America for blacks … ” Fuller said. “It's a shame that the jury pool we had to draw from did not have one black and not one minority. Something has to be done to make sure there is justice in America for blacks.” The jury consisted of seven white men and a white woman. Scott A. Wissel, a Kansas City lawyer who represented Sawyer and Fuller, declined to comment about the verdict. John W. Cowden, a Kansas City lawyer representing Southwest Airlines, said he and his client were pleased with the jury's finding. “All along, Southwest Airlines has contended that it did not intentionally discriminate against the two ladies,” he said. “We are pleased the jury agreed and vindicated Southwest and its flight attendant, Jennifer Cundiff.” Cundiff, who lives near Dallas, said she was relieved and thought that the jury had reached a fair and just verdict. She maintained that the rhyme had been directed at several passengers, not just Sawyer and Fuller. “When I first heard they complained about what I said, I didn't know what they were talking about,” said Cundiff, who, at the time, had been an attendant for eight months. While Cundiff said she probably would never use the rhyme again, “I will not tell anyone not to say it.” In court testimony, the two women said they originally had sent letters to Southwest Airlines complaining about the use of the rhyme and how they thought it was racially offensive. They wanted Southwest Airlines to stop using it. However, they said they decided to file their lawsuit out of frustration when Southwest Airlines did not take their complaints seriously. In their lawsuit, they alleged that Southwest violated a 1981 civil rights law that prevents businesses from discriminating against minority customers by treating them differently from white customers for the same service. They contended that they suffered physical and emotional distress because of the rhyme. Wissel said in his closing argument that Cundiff's use of the rhyme was tantamount to a racial slur. He said the action prevented his clients from enjoying the same privileges and conditions as the white passengers. Cowden, on the other hand, argued that Cundiff's use of the rhyme was an innocent attempt at humor. “At best, this is an argument that something is not politically correct,” Cowden told jurors. “At worst, it is nothing. Certainly, this does not support a violation of a federal statute, because these words were spoken.” To reach Robert A. Cronkleton, Wyandotte County police and courts reporter, call (816) 234-5994 or send e-mail to bcronkleton@kcstar.com. |
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