water_boy1999

Sorry if this has been posted, ran a search and didn't see it....

http://www.sfgate.com/cgi-bin/articl...430EST0629.DTL


Trial set in 'racist rhyme' lawsuit accusing Southwest Airlines of discrimination

Monday, February 10, 2003

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(02-10) 17:33 PST KANSAS CITY, Kan. (AP) --

A judge has set a trial date in a discrimination lawsuit filed against Southwest Airlines by two black passengers who were upset when a flight attendant recited a version of a rhyme with a racist history.

Grace Fuller, 48, and her sister Louise Sawyer, 46, were returning from Las Vegas two 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 its racist version that dates to before the civil rights era: "Eenie, meenie, minie, moe; catch a n----- by his toe."

"It was like I was too dumb to find a seat," Fuller said. Sawyer said fellow passengers snickered at the rhyme, which made her feel alienated.

The sisters are seeking unspecified compensatory and punitive damages.

U.S. District Judge Kathryn Vratil last week dismissed the sisters' claims of physical and emotional distress but set trial for March 4.

"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. The second line of a modern version of the rhyme usually goes, "Catch a tiger by the toe."

Airline attorney John Cowden said there was no intent to discriminate against any passenger.

Cundiff, who is white and was 22 at the time of the incident, said she had never heard the offensive version of the rhyme. She said she learned the Southwest version from co-workers and used it as a funny way of getting passengers -- who are not assigned seats on Southwest -- to sit down.

Plaintiffs' attorney Scott Wissel said the sisters also want Southwest to stop using the rhyme and provide employee training to prevent such incidents.



These women should be banned from flying forever! I was listening to the radio this morning and heard that Southwest wanted to settle out of court and offered quite a large sum.....the two sisters rejected the offer and wanted to take them to court to win more. Well, the judge and jury said it was yet another frivolous lawsuit and didn't award them ANYTHING!!!! I'll try to find the link....

Bobaphat

absofarking rediculous. Its lawsuits like this that give legitimate ones bad names. I wish people would learn to censor themselves sometimes.

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ratbastid

I've heard that rhyme used on Southwest flights before. Maybe it's just my White Middle Class Anglo Saxon showing, but I didn't think anything racial about it at all.

I was raised on the "tiger by the toe" version of that poem, incidentally.

water_boy1999

I never even knew the original version....and my family comes from the DEEP South.

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Doh!!!!


-Homer Simpson

feelgood

Heard both version but I heard the 'catch a tiger by the toe' more often. These couple are just scum, money sucking slackers...

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Looking out the window, that's an act of war. Staring at my shoes, that's an act of war. Committing an act of war? Oh you better believe that's an act of war

Prince

Ridiculous. These claims should get laughed at and thrown out of court in record time... Waste of the taxpayers' money and the court's time. I'm sure there are legitimate claims to handle, this one's just bullshit. I don't understand why they even allow these bullshit cases in court.

I think the threshold for suing someone in America is way too low. It seems as though there are no prerequisites that are to be met; you can sue anyone for anything at all.

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Phaenx

Indeed. Wish I were a judge, I'd invite them to stfu.

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ARTelevision

In my opinion, the right to bring suit is a citizen's right worth preserving intact. Caps on awards can be helpful if you're interested in controls. But the basic right is best left inviolate.

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create evolution

mb99usa

Learn something new everyday.. I was unaware there was an offensive version. Still do not see how that applies to this as nothing racial was expressed.

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So, what's your point?

It's not an attitude, it's a way of life.

yournamehere

I heard it first in its original version - but the word had no meaning to me as a child. When I DID learn what the word meant later on, it just seemed stupid because it didn't make any sense. Of course - many chiildren's rhymes ARE nonsense.

Simple use of yet another frivolous lawsuit as a ticket to Easy Street, IMO. I hope they have to pay both sides' court costs.

<i>"It was like I was too dumb to find a seat," Fuller said</i>
Pretty obvious, if you were the only two still standing when they were trying to leave the gate. The other passengers were snickering at your stupidity, not your skin color.

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Sho Nuff

Jesus Christ people. Let it go already.

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johnnymysto

At least (according to the above story) they weren't awarding anything. FINALLY, a judge and jury recognize a frivolous suit when they see one!

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"I'm disinclined to acquiesce to your request." - Capt. Barbossa

tinfoil

Hrm, I understand your pov here, but is it worth preserving if the system is being bent and twisted into such frivolous suits?

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Get off your fuckin cross. We need the fuckin space to nail the next fool martyr.

jujueye

Death will part me from the idiots of the world,
who lie in wait, for meaning uncurled.

Cynthetiq

see and that's what makes groups so CORPORATE... Southwest tries to be innovative and fun, and what happens, someone cries foul for some illegitimate or silly reason.

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j8ear

oooops, didn't read everything before adding comment.

My contribution already provided.

-bear

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It's alot easier to ask for forgiveness then it is to ask for permission.

water_boy1999

The general concept of being able to sue is fine. I agree.

However, when it is taxpayer money that is continually spent on these types of lawsuits, I feel that the people suing should have some sort of penalty for using and abusing the system.

Yalaynia

Its really stupid that they would even consider that being rasist. I mean come on I remember when I was like 5 and 6 years old using it when we were trying to deside who was it for tag and hide and seek. I saw this on the news when it happened and they were interviewing both white and black people and none ever thought of it being rasist, and some laughed because they never heard it sung in either form.
I think its quite funny if you ask me just shows that people can have a sense of humor in the work place.
As far as being centered out black or white if there were 2 people or 5 people standing she would have said the same thing.
I have nothing against black people at all never have and never will. I just dont understand when ever some think that they are getting treated differently they scream rasist. Besides I m sure they wouldnt have a problem if it was a black flight attendant that said it.

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I couldnt think of anything to put here , but I guess anything would do

Reese

I think it was Gakface that mentioned this a few days ago, and probably countless other people before him.
We need common sense rulings in court. If a guy falls through your roof while robbing you and sues for damages, it should be thrown out of court in 2 seconds.

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ARTelevision

tinfoil,
yes, I do think it is.
There are very few opportunities available to citizens for leveraging individual power in opposition to inequity. I believe we accept a lot of nonsense in the name of free speech - and it is generally understood that fact doesn't diminish its significance as a legally protected right. I see the right to bring suit as equally crucial and necessary to defend.

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create evolution

bermuDa

I've never heard the racsist version before... does that mean i should've been sued if i said it to a black person?

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AfterBurn

That's probably the most rediculus reason to sue. The women that filed charges should be charged for being that uptight. I must give them props though for picking up on that and making really easy cash.

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Fire

I hadn't heard the "bad" version - and if the attendant is 22 chances are she hasn't either...... Gee, maybe we could let the negative conotations die, and move foreward as a society- no wait, instead, lets CASH IN.....

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aintyoboyfriend

This is exactly the problem with the world today.

Half of the population has probably never heard that silly rhyme used in any "negative" connotation before. Rather than letting it die, it has to be brought up again, so someone can attempt to cash in because they assume everyone is out to get them

Latch

Pretty much echoing the above...

I grew up learning "catch a tiger by his toe".. it wasn't until people made big deals of the "old" version that I knew of it. If people would just let it die instead of publicising it like this, I don't think it'd be long before the bad version would just be recorded in some history book somewhere.

DEI37

I'd never heard the "offensive" one before, either. Personally, if they think it was aimed at them...guess who's just turned racist? No body else thought of that. Only the black ladies. They just turned any possible sympathy away. I think that's just fucked up. If I'd have been judge in that court, I think I'd have laughed my ass of. Of course, then, since I'm white, I probably would have lost my position for being racist. Idiots.

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Generally speaking, if you were to get what you really deserve, you might be unpleasantly surprised.

Hedgehog

Point #1. The rhyme is "catch a tiger". Just because someone teased this woman as a child with different words doesn't make it racist.

Point #2. Since when are you entitled to sue for being offended? Offending someone isn't a crime, and it doesn't entitle someone to damages. What damages?

Point #3. There is no point #3.


"This court finds for the defendants. Case is dismissed with prejudice. Furthermore, the plaintiffs' attorneys are found in contempt and sentenced to 3 years in prison. Furthermore, the plaintiff will pay the defendant's legal fees, and we find for the defendant in the countersuit that this court filed for them yesterday, in the amount of one million dollars. Take your offended asses out of my courtroom and learn some tolerance for your fellow human beings. Next case!"

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Mr.Deflok

I feel sorry for the Tigers, being put into a rhyme for no reason, hell, how would you like it if the Tigers had a rhyme involving humans in a disrespectful manner?
"RAWR! HUMAN! DIE! RAWR!
MEAT! RAWR! DIE! RAWR!"

moonstrucksoul

people suck. period

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onodrim

Very funny.

I also had never heard the offensive version before, and if the other passengers were 'laughing' I'm sure it's because they were thinking of the innocent version of the rhyme, and thought it was a funny way to get them to their seats. Some people are just far too sensitive. :\

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-Carl Sagan

wry1

IMHO: There are just some people out there who are always going to find the "race" issue in anything said or viewed.

It's sad, as until people begin to look past these issues, they will continue to have power over society.....