January 22, 2004
It looks like a Southwest Airlines attendant is not guilty of discriminating against two passengers:
A Southwest Airline flight attendant's variation on a rhyme with a racist history did not discriminate against two black passengers, a federal jury decided. The U.S. District Court jury of seven white men and one white woman deliberated less than an hour Wednesday before reaching its verdict.

How did this flight attendant discriminate against these women? What terrible act did she perpetrate on their personages?

Grace Fuller, 49, and her sister Louise Sawyer, 46, both of suburban Kansas City, filed the suit over comments flight attendant Jennifer Cundiff made after they boarded a Southwest flight to return from a Las Vegas vacation three years ago next month.

As the two were trying to find seats on the crowded plane, Cundiff said over the intercom, "Eenie, meenie, minie, moe; pick a seat, we gotta go."

Sawyer and Fuller said the rhyme immediately struck them as a reference to an older, racist version in which the first line is followed by the words "catch a n——r by the toe." They testified at the two-day trial that they were embarrassed, humiliated and frustrated. Fuller said she suffered a small seizure on the flight home, which said was triggered by the remark. Later at home, she said she had a grand mal seizure and was bedridden for three days.

Discrimination is treating people differently because of a bias in favor or against some characteristic they possess. I discriminate on a daily basis. If I am at a door and there are ladies persent, I open the door and hold it until all of them have entered. I do not treat men with the same courtesy (which I'm quite certain they appreciate).

I do not understand why these women felt they were discriminated against simply by the attendant encouraging all the passengers on the plane to be seated. They do not have to appreciate the particular rhyme used. They can even be offended by it, if they so choose. Offense is not equal to discrimination, and the rhyme was not directed in a discriminatory (selective) manner toward them. It was selective only in that is was directed towards passengers who were cushion impaired (those not yet seated).

I, for one, had never heard of the alternative version of the rhyme. It was always 'tiger' when we were choosing who was destined to become 'it'. (On the advice of my attorney, I respectfully refuse to admit ever personally voicing this nefarious verse.) It sounds like the flight attendant also was unaware of any racial connotation to the rhyme:

Cundiff, 25, of Argyle, Texas, testified that she had never 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.

Cundiff, who had been a flight attendant for eight months at the time, said she had used the rhyme before on other flights. She said that it was not until she showed her mother the letters complaining about what she said that she learned about the racist version of the rhyme.

Fortunately, judicial sanity prevailed. I pray that this starts a new legal precedent where offence alone is no longer sufficient for litigation.

Little known fact: Freedom from offence is not one of rights granted by the Constitution of the United States. Unfortunately, it seems these two litigants remain unware of this:

Fuller said after the verdict that there was enough evidence for jurors to have found she had her sister had been discriminated against.

"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.

"It's a shame that the jury pool we had to draw from did not have one black and not one minority," she said. "Something has to be done to make sure there is justice in America for blacks."

Justice is something that is judged on a case by case basis. The ruling against these sisters is not evidence of a lack of justice for blacks. It merely shows how unfounded (and unjust) this specific case was.

It would be interesting to know what the actual dollar figure was on the lawsuit. My research has only revealed that they were suing for "unspecified financial damages." Perhaps the were not interested in placing an upper-limit on the potential fortune to be gained from Southwest Airlines.

Flying Southwest airlines is a little crazy, but the humor provided by the attendants helps lighten up the trip. They need to continue to provide it, despite the fact that hypersensitive passengers may occasionally choose to be offended.

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