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Children's Nursery Rhyme Triggers Racial Discrimination Lawsuit
CNSNews.com ^ | April 16, 2003 | Marc Morano

Posted on 04/17/2003 6:18:32 AM PDT by Pern

(CNSNews.com) - A Southwest Airlines flight attendant's use of a popular children's rhyme - "Eenie, meenie, minie, moe" - has resulted in a federal racial discrimination lawsuit against the airline filed by two African American women asking for unspecified financial damages.

One of the two women suing over the allegedly offensive nursery rhyme claims hearing the rhyme caused her to be bedridden for three days and suffer from "unexplained memory gaps," according to court documents.

The trial was supposed to start Tuesday in Kansas City, Kan., but U.S. District Court Judge Kathryn Vratil delayed the case until Sept. 29.

Southwest Airline passengers Louise Sawyer and Grace Fuller allege they suffered racial discrimination on the flight in February 2001 when flight attendant Jennifer Cundiff said over the plane's intercom, "Eenie, meenie, minie, moe; pick a seat, we gotta go." The two women say they were the only passengers standing in the aisle at the time.

Sawyer and Fuller said that as soon as they heard the rhyme, they were reminded of the racist version that starts with the phrase: "Eenie, meenie, minie, moe; catch a n***** by his toe ..."

A more modern version of the nursery rhyme substitutes the offensive phrase with the words, "Catch a tiger by the toe." The rhyme is traditionally used by children to pick someone who will be "it." According to at least one word and phrase historian, the original rhyme using the n-word dates back to about the mid-19th century.

Sawyer and Fuller, who are sisters, had also originally alleged physical and emotional distress as a result of the nursery rhyme but earlier this year, Judge Vratil dismissed that aspect of the lawsuit, narrowing the complaint to the issue of discrimination.

"The court agrees with the plaintiffs that because of its history, the phrase 'eenie, meenie, minie, moe' could reasonably be viewed as objectively racist and offensive," Vratil stated in court papers. "The jury, however, must decide whether Cundiff's remark was racist or simply a benign and innocent attempt at humor."

Cundiff, who is white, disputes that Sawyer and Fuller were the only ones standing on the crowded flight. Cundiff said she had been using the rhyme on several different flights as a humorous way to get passengers to sit. Southwest Airlines employees are known for their folksy manner and casual atmosphere.

Scott A. Wissel, the Kansas City, Mo., attorney representing Sawyer and Fuller, declined to comment for this article.

But according to court documents, Sawyer said she was "infuriated by the [nursery rhyme] comment" and said fellow passengers giggled after it was said, making her feel alienated.

'Unexplained Memory Gaps'

Fuller believes Cundiff intentionally singled out her and her sister. "It was like I was too dumb to find a seat," Fuller complained in the court papers.

Fuller, who has epilepsy, said she was so unnerved by the nursery rhyme that her hands trembled during the trip and she has experienced "unexplained memory gaps" about the flight ever since.

Fuller also maintains that the nursery rhyme incident caused her to be bedridden for three days because she suffered a "grand mal seizure." However, Fuller said she could not medically verify the incident because as a result of lacking health insurance, she did not seek medical help for the seizure.

Cundiff wrote a report about the incident as part of a Southwest Airlines' internal investigation.

"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," Cundiff wrote. "Maybe those that run around pointing fingers yelling racist should stop and turn that finger around."

Southwest agreed with Cundiff and does not believe the phrase was racist or that she acted inappropriately. Even though Southwest did not ask her to stop saying the rhyme, Cundiff said she stopped because of the controversy.

Wissel said he is trying to get the courts to prohibit Southwest Airlines employees from using the nursery rhyme and force the airline to provide employee training to prevent future racial controversies.

Wissel's clients, Sawyer and Fuller, are seeking an unspecified financial amount in compensatory and punitive damages.

'Ridiculous Lawsuit'

The lawsuit has provided critics of the American legal system more ammunition for their tort reform battle.

"Seems sort of a ridiculous lawsuit, but this is the rise of this litigious culture, where people look to sue at the most insignificant remark," said Steve Lilienthal, spokesman for the Free Congress Foundation (FCF). The group just hosted a seminar last week on Capitol Hill focusing on what it considers the explosion of frivolous lawsuits in America.

"There is no real racist connotation in the phrase. How can you view [that phrase] as being racist? It just doesn't make sense. Most people would look at this lawsuit and be dumbfounded," Lilienthal said.

He sees this lawsuit as part of a larger cultural problem, "one more sign of people who are simply looking to sue," Lilienthal explained. "There is a whole grievance industry set up based on the increasing use of litigation."

This is not the first time the "eenie, meenie, minie, moe" nursery rhyme has come under fire. In 2002, government officials in University City, Mo., a suburb of St. Louis, printed a calendar that had a cover photo of the feet of five children, one bare and the others with shoes with a caption reading, "Eeny ... meeny ... miny ... moe" (alternate spelling). Most of the kids in the photo were African American.

After a city employee complained that the calendar was racially offensive, the city reprinted all 18,000 copies of the calendar with the photo deleted, according to the Kansas City Star.


TOPICS: Culture/Society
KEYWORDS: eenie; lawsuit; lawsuitabuse; meenie; memoryloss; minie; moe; questionofsanity; racebaiting; racialdivision; racism
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To: dead
I watched CM as well. They're making another one, and I will probably watch that one as well. : )
41 posted on 04/17/2003 7:18:33 AM PDT by YourAdHere (Jenna will win Survivor)
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To: Pern
Can we still say "All the boys in france, wear peanuts in their pants"?
42 posted on 04/17/2003 7:19:38 AM PDT by small voice in the wilderness
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Comment #43 Removed by Moderator

To: Pern
I've seen these kind of people before, we all have."

You don't know anything about her, and you are sure she is on welfare and has a "lazy ass". That's really crass.

44 posted on 04/17/2003 7:22:16 AM PDT by Lijahsbubbe
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To: chiefqc
Speaking of that infamous phrase...did ya hear that Mr. King is back behind bars after wrecking yet another vehicle after a (suspected) under the influence high speed wreck (over 100 MPH), wound up crashing into a house.
45 posted on 04/17/2003 7:24:30 AM PDT by IYAS9YAS (Go Fast, Turn Left!)
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To: dead
Filing a lawsuit is not 'demonstrated behavior'. To prove behavior you have to have more than one incident over a period of time.

Since when is everyone who files a lawsuit, frivolous or not, said to be on welfare?

46 posted on 04/17/2003 7:27:04 AM PDT by Lijahsbubbe
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To: Pern
Grow a skin ladies, doesn't matter which color it is. Just needs to be thicker. That goes for many and in all walks of life.
47 posted on 04/17/2003 7:30:20 AM PDT by RGSpincich
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To: Lijahsbubbe
You don't know anything about her...

True, but you can't honestly believe that these women are 'shining examples of honesty and integrity' in their community, can you? I don't believe it for a minute. If they had any shred of honesty this incident wouldn't have headed to the courts.

I follow the old rules, if someone says something that pisses you off, tell them about it, then piss them off. Granted, I've come to blows with some people because if this practice, but that's as far as it got. No court room or sleezy lawyer needed.

48 posted on 04/17/2003 7:32:14 AM PDT by Pern
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Comment #49 Removed by Moderator

To: HamiltonJay
Well, yeahhhhhhhh. There are more whites than blacks....duhhh.
50 posted on 04/17/2003 7:34:39 AM PDT by shiva
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To: PatrioticAmerican
"Coulda been the nursery rhyme, coulda been the crack"

And you say "thanks" to someone who posted this. And your screen name is Patriotic American?

51 posted on 04/17/2003 7:37:54 AM PDT by Lijahsbubbe
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To: Pern
The nursery rhyme incident caused her to be bedridden for three days


I totally agree with Pern. This woman probably spends most of her wretched life bedridden. She's just another "something for nothing" person as far as I'm concerned.
Let's face it. We would all like to have something for nothing, but some of us have to much decency to ever go through with something like this.

I'm half Irish and half Hispanic. Let me tell you some of the jokes I've heard:


What is one mile long, all green, and has an IQ of 12?

The entire Saint Patricks day parade.

Why was drivers education cancelled in Mexico?

Because the donkey died.

I don't take myself so seriously that I find this stuff offensive.
I actually think they're kind of funny.
52 posted on 04/17/2003 7:39:28 AM PDT by dagoofyfoot
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To: Lijahsbubbe
The battle may not always be to the strong, nor the race to the swift....
But it is the way to bet.

Would you bet a $1000 that she is not on welfare, given the evidence presented?

53 posted on 04/17/2003 7:48:01 AM PDT by eddie willers
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To: TheSpottedOwl
They would also sue if the Goldfish they were served wasn't dolphin safe.
54 posted on 04/17/2003 7:48:12 AM PDT by sticker
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To: eddie willers
What evidence? That she filed a lawsuit? What about betting on the fact that she has a "lazy ass" and is on crack?

It might seem frivolous to you, maybe not so to her.
55 posted on 04/17/2003 7:52:28 AM PDT by Lijahsbubbe
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To: Pern
I agree that the best way to deal with ignorance is to call the person on it right then and there.

If this flight attendant had a microphone, do you think the women could have felt humiliated in front of everyone?

Sometimes people may have integrity and file a lawsuit that may seem frivolous to others.

Perhaps the women have heard alot in their lifetime. Like walking thru a store and hearing someone say "yeah, you have to tie everything in the store down or those niggers will steal it." Or maybe they were getting ready to move into a new neighborhood and someone called the old owner and said "don't let those niggers move in here." Or maybe one of them got pulled over by the police in a nice suburb and asked "what are you doing in this neighborhood?"

Being subjected to remarks like this will cause you to assume the worst sometimes.

Perhaps this attendant never heard the rhyme with the word 'nigger' in it. But maybe she has. I really don't understand why she chose that rhyme myself. It doesn't fit the situation.





56 posted on 04/17/2003 8:13:31 AM PDT by Lijahsbubbe
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To: shiva
How do you know who's on welfare where you live? Do you work for Human Services? If they're poor, how do you know they're not working poor? Have you been in everyone's house, seen their checks?
57 posted on 04/17/2003 8:16:03 AM PDT by Lijahsbubbe
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To: Lijahsbubbe
Now who's making unsubstantuated assumptions?
58 posted on 04/17/2003 8:17:13 AM PDT by eddie willers
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To: eddie willers
Pertaining to?....
59 posted on 04/17/2003 8:18:18 AM PDT by Lijahsbubbe
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To: Lijahsbubbe
I really don't understand why she chose that rhyme myself. It doesn't fit the situation.

It rhymes.

60 posted on 04/17/2003 8:22:07 AM PDT by TexRef
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