Posted on 02/11/2003 7:05:55 AM PST by Gorilla44
A widely recognized rhyme -- and how it was used on a flight -- are the focus of a case headed for trial in federal court in Kansas City, Kan.
Louise Sawyer, 46, of Merriam, and Grace Fuller, 48, of Lenexa, have sued Southwest Airlines alleging that they were discriminated against and suffered physical and emotional distress on a crowded February 2001 flight after an attendant uttered the rhyme.
Trying to get passengers to take their seats, Southwest Airlines flight attendant Jennifer Cundiff said over the intercom, "Eenie, meenie, minie, moe; pick a seat, we gotta go."
The two African-American women, who are siblings, contend they were the only passengers standing in the aisle at the time. Cundiff has contended that several others were in the aisle.
Sawyer and Fuller said the rhyme immediately struck them as a reference to the original, racist version, which begins with the words: "Eenie, meenie, minie, moe; catch a n----- by his toe...."
Cundiff, who is white and was 22 at the time, said in court papers that she had never heard the offensive version of the rhyme and that she had used the phrase on several flights as a humorous way of getting passengers to sit down.
The second line of a modern version usually goes, "Catch a tiger by the toe."
The rhyme is part of a counting-out expression used in children's games to determine who will be "it" among a group of players.
On Wednesday, U.S. District Judge Kathryn H. Vratil ruled in Kansas City, Kan., that the case could proceed on the plaintiffs' claim that Southwest discriminated against them. Vratil ruled in favor of Southwest on another point, however, by dismissing the plaintiffs' claims for intentional and emotional distress.
"The court agrees with plaintiffs that because of its history, the phrase `eenie, meenie, minie, moe' could reasonably be viewed as objectively racist and offensive," Vratil wrote in her ruling. "The jury, however, must decide whether Cundiff's remark was racist, or simply a benign and innocent attempt at humor."
Also, the jury will have to decide whether Southwest denied Sawyer and Fuller the same enjoyment that others experienced on that flight.
The trial is scheduled for March 4.
John W. Cowden, a lawyer with the Kansas City law firm of Baker Sterchi Cowden & Rice, which represents Southwest, said the flight attendant was not discriminating against Sawyer and Fuller.
"Southwest denies anyone intended to discriminate against any passengers, let alone these two ladies," Cowden said Friday.
This is not the only time a variation of the rhyme has raised complaints.
Last November, University City, Mo., reprinted 18,000 copies of a city calendar for residents after a city employee found it racially offensive.
The complaint centered on the calendar's cover photo of five children's feet -- one bare, the others with shoes. A finger is touching one of the shoes. A majority of the children taking part were black.
A statement under the picture read, "Eeny...meeny...miny...moe."
The woman who took the picture, Tamara S. Walker of St. Louis, said at the time that she was surprised by the controversy. Walker, who is black, said that while growing up, she used the word "tiger" in the rhyme. It was not until she was an adult that she heard the racist version.
A city official for University City, a suburb of St. Louis, apologized and ordered the calendar reprinted. The new version had no photo on its cover and did not include Walker's photo inside.
Although many books that trace the history of words and phrases do not contain an entry for "eenie, meenie, minie, mo," at least one does.
The Facts on File Encyclopedia of Word and Phrase Origins by Robert Hendrickson dates the rhyme to the mid-19th century and says that the original version was "insensitive at best." Hendrickson adds that "happily, the second line is much more frequently today `Catch a tiger by the toe.' "
Sawyer and Fuller said Friday that their case against Southwest evolved from a vacation to Las Vegas. On the return trip, they failed to arrive at the gate at least 10 minutes before departure and were not allowed to board.
They were placed on "priority standby" for the next flight. After boarding, they had trouble finding seats. As they stood in the aisle, Cundiff said the rhyme over the intercom.
"I was infuriated by the comment," Sawyer said Friday. She said fellow passengers snickered at the rhyme, which further made her feel alienated.
Fuller said that she, too, felt that the rhyme was directed at her. "It was like I was too dumb to find a seat," she said.
Fuller, who has epilepsy, said the comment upset her so much that her hands shook during the flight and that she has "unexplained memory gaps" about the flight. Later that night, she said, she had a "grand mal seizure" and was bedridden for three days. Because she did not have health insurance, she did not seek medical attention, she said.
After Sawyer and Fuller complained to Southwest, the airline investigated the incident and asked Cundiff to write a report.
In her report, Cundiff wrote, "The statement I made on Flight 524 was not racist or discriminating, and I am offended that because I have white skin suddenly I am a racist. Maybe those that run around pointing fingers yelling racist should stop and turn that finger around."
Cundiff, according to court documents, had used the rhyme on other flights after learning it from co-workers who, like other Southwest attendants, frequently employ humor on flights. Cundiff, who grew up in Texas, said she only used the rhyme when flights were full and passengers were in the aisle.
According to court documents, Southwest did not believe the phrase was racist and did not reprimand Cundiff or ask her to stop using it. However, Cundiff no longer uses it because of the incident.
Sawyer and Fuller filed the lawsuit, without an attorney, in August 2001 after they didn't get a satisfactory response from Southwest.
Scott A. Wissel, a lawyer with the Kansas City law firm of Lewis, Rice & Fingersh, which is representing Sawyer and Fuller at no charge to them, said they are seeking injunctive relief to have Southwest stop using the rhyme and to provide employee training to prevent such things from happening again.
They are also seeking an unspecified amount in compensatory and punitive damages.
That's not how I remember it from "Pulp Fiction."
I know it neither rhymes or scans properly, but as in modern education, the concept is the important thing. Screw the lawyer. Screw his clients. Good for Southwest Airlines. Did I miss anything?
Congressman Billybob
Click for latest column, "Those in Peril on the Sea," also up on FR and UPI.
In her report, Cundiff wrote, "The statement I made on Flight 524 was not racist or discriminating, and I am offended that because I have white skin suddenly I am a racist. Maybe those that run around pointing fingers yelling racist should stop and turn that finger around."
She's a FReeper? ;^)
This should never have gotten past the first idiot judge.
Yep.
More'n likely. I'm 55 and first heard it with the "n" word, then I heard it revised to "tigger" (a justifiable reference to the pooh bear character), and then finally changed to "tiger" to avoid even rhyming with the "N" word.
Sheesh, These people would be real happy to learn the first definition I learned for the acronym NAACP.
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