Fed Up

Each person should be judged as an individual and it is ridiculous to expect one African-American man to take this kind of treatment because of the behavior of some other African-Americans. You do know that blanket judgements of a race is at the root of racism and bigotry, don't you? Apparently not.

In addition, it is important for people like you to understand that context is very important in these matters. Women who know each other well may (not always, but in some cases) refer to one another using the B word without being insulting, but don't expect that the same word used by a man to be acceptable. I also think that many people who criticize a family member would be quite offended if an outsider voiced their own criticisms. That's just human nature and you should learn to accept it.

It's very clear that these acts by restaurant employees were insulting. If people can use the same words in a way that the "victim" is not insulted, fine, but you need to know your audience very well before you use those words and be absolutely sure that your words are acceptable.

Bad1V: Obviously you're on a mission to prove me a racist.... What part of the truth didn't you understand? The funny part is I am half and half.... Spanish American.... So I know a little about racism, but I will reiterate the words DO NOT CONDONE and Shameful all the way around.... Get some thicker skin along with some reading glasses....

O'really: I am not affiliated with any form of politics other than voting the best man or woman for the job.... push off with that dribble. Or if you weren't talking to me and making a generic comment please excuse my bite....

Don: thanks for the pep talk and kind observation..... I meant no harm.

P-nut

Blue states seem to have a problem with ignorant racists.

Another blanket statement that clearly identifies the commenter as one who judges groups and not individuals. Do you really believe that blue states are more racist? Do you understand where the Klan lives? I am not going to make any blanket statements about red states, but it does seem like your argument is very weak.

According to court documents, the bartender was fired a week after the lawsuit was filed....

Good.

"I know I made a big mistake by crossing the line. I have a family & mortgage that depend on me.”

You really let them down. Jerk.

Sarah: Astute observation.... thumbs up. :D) Mine went over like a flat tire with Bad1V....

Seriously,

Why are white people so damn interested in saying the N-word? What is it with that? Is it just the taboo? Is that it, that it's a forbidden fruit? Can you just not help yourselves? I don't go around calling black people the N-word. And they don't go around calling me Spic or Wetback or another equivalent. It's not illegal to say, sure, but it's also considered racist and hateful.

Now, with some close friends, yeah, we rag on each other about race. It's stupid, but it's a bonding thing we do. We know we don't see each other as stereotypical race-based people. But that's with close friends, in private, who are comfortable with it and enjoy making satire out of the real racist jackasses who actually believe that stuff.

But, as before, you don't get to make racial stereotypes and use hateful derogatory terms for people that are 1) not your friends and 2) not your race. For one thing, you don't understand the attitudes held against that race. You haven't had their experience. You haven't heard that slur be used against you in an unfriendly, even threatening manner. And you haven't had to listen to other people chime in about how you are so-and-so and that means a whole bunch of racist @!$%# that makes no sense but doesn't need to, because it's racist.

In other words, stop complaining. The less often you want to say the N-word or other slurs, and the more you try to understand people on an individual and cultural basis, the better off we all will be.

Kind of like the rational for calling people teabaggers.

Not exactly. People can't choose to be black or not, but you can choose not to be a teabagger.

Fed Up-3261941

Bad1V: Obviously you're on a mission to prove me a racist.... What part of the truth didn't you understand? The funny part is I am half and half.... Spanish American.... So I know a little about racism, but I will reiterate the words DO NOT CONDONE and Shameful all the way around.... Get some thicker skin along with some reading glasses....

I'll bet you have a Black friend too. I find nothing humorous about using racial terms. I have to wonder about someone who does.

@Sarah, I disagree with you completely. It's as if you're saying that a negative term for one population is less offensive than that of another. Whether the population is based on race or political affiliation is irrelevant. It's the same thing. Ignorant people use the term "Teabagger" as a way of being racist and negative. The assumption is made that all "Teabaggers" are white and racist. I'm not a "teabagger", but the term is disgusting. I'm still surprised at the fact that the article wouldn't even use the entire spelling of the N word. PC run amok. That said, it's sad that a seemingly educated, successful man had to be subjected to racism in a place he spent time and money.

Sean: good grief.......

I'm confused as to what they were being sued for. The N-word is not against the law, and though it's in bad taste, putting it on a restaurant receipt is the business' right (if not bad customer service). So, what's the lawsuit about? Am I allowed to sue someone if I'm called a "white boy" or "cracker" or "honkey"? What legal line was crossed? (I don't condone it, just asking why it's a civil issue).

I don't agree that the man should be compensated. Obviously a horrendous decision by the restaurant staff. However, unless he could prove that this type thing was common among the staff, then there shouldn't be compensation. Obviously, if he could prove that these kinds of messages were delivered on the receipts of several customers, then he would have a case for punitive damages. However, not seeing where he deserved anything more than to know the bartender was fired.

Cygnus_X-1: Interesting thoughts....

Fed Up-3261941Bad1V: Good grief..... Now you're starting to annoy me and further making me explain to your challenged brain..

Must be hell living in the United States and being light skinned.... good grief. push off sir to put it mildly. :D) Have a day

As usual when you feel you are losing a debate you must resort to insults. What I find humorous is your assumption. Just to let you know how wrong you can be when you assume anything, the V in Bad1v stands for Valdez I am Puerto Rican. You know those black people that speak Spanish.

.

Sarah, well said.

Griff, sorry you don't get the difference between "Teabagger" and the "N-Word"...historically speaking there is a life and death difference between these 2 words, literally and figuratively. Denying it, disbelieving it, downplaying it, equalizing it does not change that fact. It only serves to keep people ignorant, unsympathetic and unable to understand others who don't have the luxury of living in denial.

Agreed, it is sad that this gentlemen had to be subjected to this hateful bigotry from people who proabaly were not fit to carry his briefcase. Racism never recognizes individual achievement and content of character, it only hates based on skin ,,e

Cygnus_X-1,

Places of public accommodation must provide their services without regard to race or religion, among other considered categories. "Without regard" includes prohibitions against creating hostile environments through actions such as calling someone a "@!$%#." If an employee of a public establishment creates such hostility, the target of the hostility has legal recourse to seek compensation through the civil courts.

So to answer your question, yes indeed you're allowed to sue if you're called a "white boy" or "cracker" or "honky" in a place of public accommodation and you can show by a preponderance of the evidence that the use of those terms was intended to abrogate your right to unfettered services in a public space.

Lune

I lived in Corona Del Mar in 1992. Its an amazing community. The problem is, as with most very affluent communities, you wonder where all the mixed gender is. Having been there, I never heard anyone act racist, or say racist things.

Nevertheless, people ARE stupid, and at a minimum, I am thankful that the offender realized it. It doesn't exempt him from punishment, though. There are words, and there are a few of them you never say. Personally, I don't really care what race you are, it is unacceptable. Being of the same race as a derogatory, racist word refers to doesn't give you a license to be a jerk*ff. In fact, it could be said you are worse because you open the door for people to say 'hey, well they call themselves that!' Which is exactly what has happened.

"

peanutGalleryTheater

Blue states seem to have a problem with ignorant racists.

"

Funny you should equate this to a blue state thing. This occurred in Orange Country, which, correct me if I'm wrong, is a bastion of Republican ideology. Right?

I know its a common occurence in NY and that's a blue state.

I also know that name calling tends to occur in states with the biggest populations. So perhaps thats a factor as well.

Lune, r u an attorney? If so, I want you to represent me. I get called Old Man all the time. Even in places of public accommodation. I get called Cracka, Whitey, Grey Bush, Father Time, White Meat, you get the drift. All in reference to my age and Caucasian features. Can I sue for double damages? You know, racism and ageism? Or is being a middle-age white man with a job still considered a privledge?

Sean has obviously never been to Spain. I have Spanish friends and have lived in Spain.

Let me start with this the fact is that I am a 37 year old black male. Fedup makes a true point that if African Americans insist on using the N word towards each other around White Americans then they can not get upset when whites use the word. I do not use the word around whites for that very reason I do not want a white person calling me a @!$%# plain and simple. That is off topic if a resturant is racist then they have to be called out on it it is against the law to do that type of business.

I find it absolutely amazing that anyone would be so stupid in the 21st century. Wake up people, the year is 2012, not 1712 ! If you have racist feelings, keep them to yourself. And certainly don't bring them to your work. While it is not criminal behavior, it certainly is stupid.

It looks like America is still not over it's internal problems. That fact is loudly proclaimed in the above comments.

Ah well, they will grow up eventually - or not.

I don't see why the restaurant is sued unless he brought it to their attention and they did nothing about it. This is what is wrong in America. The lawyers know it is cheaper for companies to settle than fight. He should sue the bartender but he knows the guy has no money. Sue the restaurant and get an automatic settlement. The restaurant most likely settled at a lower cost than defending and winning.

Cygnus - yes, you can sue under federal law if you are discriminated against in the provision of accommodations or services involved in interstate commerce on the basis of your race, national origin, or membership in a protected category. In California, the protected categories generally include, race, gender, religion, national origin, age, disability. The issue for trial will be whether the offending comments were meant to discourage the plaintiff from patronizing the restaurant, and whether his race was a motivating factor behind the comments. My guess (and I have tried cases in Orange County Superior Court) is that at least 9 of 12 jurors would say "yes."

Just to be clear, Cygnus and Harry: white people can sue, too. The law applies to everybody.

Using the N-word is wrong, and that includes when African American use it in mixed race company (or on HBO, etc.).

That said, is the restaurant here being scammed?

The article states that Mr. McHenry frequented the bar two to three times per week including twice in one day. He obviously became friends with the bartender (because if he felt mis-treated why would he return 2-3 times per week and then twice in one day). After the 'incident', the bartender has Mr. McHenry's cell number to be able to call and send multiple texts, how would he get that if they weren't already friends or at least friendly?

A credit card reciept is typically auto-generated from the restaurants merchant account, the name printed on it comes from your credit card account, not the restaurant staff input. It seems like maybe Mr. McHenry and the bartender created a scheme to scam the restaurant...

Patrick - Companies are responsible for the actions of their employees, whether negligent or racist (but not for some intentional acts). Otherwise, restaurants (for example) could enact racist policies and hide behind their employees. They could pay their employees to exclude minorities, and the victims would have nobody to sue, for as you mentioned, the bartender probably has no money. It falls under the legal doctrine of respondeat superior. As a point of interest, this line of law goes back to a restaurant case, involving Ollie's Barbecue, a segregated restaurant in the South. Katzenbach v. McClung, 379 U.S. 294 (1964),^[2] was a case in which the Supreme Court of the United States held that Congress acted within its power under the Commerce Clause of the United States Constitution in forbidding racial discrimination in restaurants as this was a burden to interstate commerce. (from Wikipedia)

when i was a teen, my friends and i would greet each other with a "hey a__hole". when black people call each other with a "hey n_____r" I figure its pretty much the same thing. the problem being that you don't run around "greeting" people with such terms unless both are fully in on the joke. and when you are crossing racial boundaries, then you are doing nothing but asking for trouble.

the bartender clearly crossed the line

@Denny Crane - if was Mr. McHenry was frequenting the restaurant bar 2-3 times per week and multiple times in a day, how were they excluding minorities? He clearly enjoyed it there, or why would he visit so often? Something is missing in this story, it sounds like a scam...

@Sarah -

A teabagger is a man performing a lewd sexual act. I know they did on the TV Show 'Prison Break', but why would you call someone that?

Cygnus_X-1 AND Griff999: It amazes me how you can use other words freely, But you won't use EVERY word freely. Especially GRIFF999. You talk about the article not using the full word, yet you don't use the full word either. I am not racist, as I have close friends that are of many ethnicity. My sisters boyfriend is black. I would never use @!$%# in anyway that is demeaning. To say "the N-word" in an article, treats people as ignorant, as if we can NEVER say it. Political Correctness has gone way to far in this country. I view saying @!$%# as the same as saying honky. I am an adult, and I know when and when-NOT to say ANY word that is derogatory. I have many friend that are black, and they know I would never say @!$%# in a derogatory manner. However, I have no problem saying ANY word in harmless neutral commentary.

Patrick - Companies are responsible for the actions of their employees

Spoken like a true lawyer, then you go on to add a bunch of hypotheticals. You know in these cases the plaintiff has the requirement to notify the company before seeking remedy. This bartender is creating an unsafe environment but the company has the right to be informed so they can take action. You guys will argue about duty to know and improper training. But there is nothing in this story to suggest a corporate environment that promotes this behavior. I'm sure they are suing the bartender because he can be liable for treble damages.

Apparently, the site will not let you use the actual word. It will let you use the word Honky, But NOT the true word that I used. Instead, it puts in all the other signs. I am sure it will not allow me to say spic either. Again, I am not being disrespectful in any way, and I mean it only in harmless neutral commentary, but these sites are unfair about letting adults have conversation about a topic, and editing our language. We should be adult enough to converse about a topic, without getting all bent out of shape. Sad to see the way our world is becoming, when we cannot respect each other, but yet have adult conversation about our history without edit.

Stacey Peterson, I think you nailed it dead center.

I smelled a scam before I finished reading the article. No one---not even a dyed-in-the-wool card-carrying bigot---writes such things on a restaurant receipt unless there's much more to the story than we typically read aobut in such cases.

Yes, very possibly, the two were in on it together to extort money from the restaurant, which in no way is at fault here.

(On the other hand, there is another possibility: Some relatively juvenile individuals seem to get into a mindset that tells them that the only way to know another person is their "friend" is to insult them in a joking tone and see if it triggers a hostile response. Three-year-old children are especially prone to this behavior. Perhaps a visiting neighbor's child will climb up onto the couch next to you and hit you and then look you in the face and smile. And if you don't abruptly put them on the floor and get up off the couch, they will hit you again, even harder, and laugh. It is pointless to tell them to stop because they ignore it--especially if you made the mistake of laughing at them the first time they did this. To them it is a game to see how much of a "friend" you are. Some of the little brats will get downright nasty if you don't put a firm stop to this game before then. Many adults are still little insecure three-year-olds at heart, and they still play this same "game" when they begin to establish a new "friendship." And it truly is a shame that our tort laws make it possible for greedy people to sue an employer for the actions of an employee for which the employer shares zero responsibility.)

Either way, the restaurant was scammed.

Bigguy, I grew up, mostly in the south, in the 50's and 60s. I remember water fountains with a big sign over them saying "Negro" with an arrow pointing someplace else. I remember white and black waiting rooms. I remember when a black person could knock on the back door of a restaurant and, maybe, they could purchase some food but they couldn't walk in the front door with white people. I remember when, if a black man were to say "good morning" to a white woman, on the street, he could be lynched. I remember the dogs and the fire hoses and the cops swinging their clubs to beat down peaceful marchers. I remember crowds of white people shouting the N-word at little children as they were escorted into schools in an effort to bring an end to the lie of separate but equal.

The N-word has gained it's power with more than 300 years of history, from the earliest days of slavery to the end of the Civil War, reconstruction, Jim Crow and the end of segregation in the 60s. That disgusting power doesn't change simply because of the color of the skin of the person speaking it. Thousands of your ancestors worked and struggled and marched just so they could be called "negro" and then "black" and now "African American." I believe any black person who uses that word is thumbing their noses at all of their ancestors and any black person who believes that the word is only acceptable if it is used by a black person is a hypocrite! As for me, I have way too much respect for all those people who worked so hard so that they would never have to hear that word again, especially, all those who marched in the 50s and 60s and, in some cases, gave their lives to forever bury that word, to ever use it, regardless of the company and I feel sorry for anyone who has so little respect as to use it, thinking it is "cool" or funny or whatever because it is not!

.

For those of you who do not know, a teabagger is someone who puts a man's testicles in their mouth. Call me a teabagger to my face, and it will get you a world of hurt. I support the Tea Party, and sort of support some of the Occupy group. Occupy needs to have real goals, and real solutions. I am not politically correct, but some words are never in my vocabulary.

Obviously, Mr. McHenry wanted his 15 minutes and some cash out of this. A bigger man would have faced the offending party and discussed his problem.

Get real, people. As long as there are different colors of people, different religions, and different countries, somebody is gonna hate someone.

...."Blue states seem to have a problem with ignorant racists"...

Whereas, Red States think they are just peachy.

..."like calling somebody teabaggers"...

Absolutely NOTHING LIKE that.

Check history. It'll tell ya.

Have a nice day.

Jeeeze.

I've never understood why people call members of the Tea Party 'teabagger'. If they are, in fact, your adversary then the term implies that those who use it are in fact, ahem, 'teabag-ees'. Not exactly where I'd want to be...

Sarah, actually the term "Teabagger" IS almost as offensive as the N word. Let me explain. Tea Partiers are conservative, the term "Teabagger" is a reference to a homosexual act and has nothing to do with politics. And please don't try to tell me Jeanne Dumbbuffalo meant it any other way. It is meant to be offensive in the extreme to people who don't condone that lifestyle. Much like the N word. BTW, I'm not a Tea Partier,and I have no problem with homosexuality, but I find the term to be offensive and crude. Unfortunately, manners seem to have become antiquated in this country.

First, I would like to say that I think it is very good business sense to fire all service personnel who are rude to customers.

Personally I know how hard it is for a business to survive and if I caught an employee purposefully offending a customer, they would be toast!!!

But as far as "teabagger" is concerned; Though I am not part of that movement I do rather like the term (even though I know it is meant with hate by those who use it). It is a funny word, just like "dumbo-crat" and "Libe-tard". and thought the hate is wrong, politics has always included juvenile name calling.

Why is it that blacks can call each other "@!$%#", Hispanics can call each other "s-say" or "homey", American Indians can call each other "apple", and all of them can call Whites "honkie", "cracker", and other things -- but Whites ain't never allowed to call their black, Hispanic or American Indian friends anything but "sir", "ma'am" or "buddy"?

As for "race", there's only ONE "race" -- HUMAN, known as Homo sapien sapien. The rest is just minor differences.

I don't like to hear black people call each other that. It's offensive no matter who says it, and I feel like there is something subtly aggressive about it when blacks do that in front of a white person. If I need to be around them for any length of time, I ask them politely to stop it. If they won't, I leave. I prefer to be around a higher class of people.

I was walking down the street one day near a black teenager and a car full of white boys drove past yelling that word at him. I felt so bad for him. I went up and gave him a hug and now he's a good friend, comes over and plays chess with me, an old white lady.

Hell, I'll teabag the whole lot of you! And I'll call you whatever filthy names you want while I do it. Except tiredofhypocrites, he's the only one in this thread with any sense.

A few years ago I walked into a bar in a black neighborhood just to play a couple of games of pool and to drink a Pepsi and the bartender called me a cracker. I said nothing to provoke that racist comment from him. If that ever happens again and I have a witness or witnesses, I will file a lawsuit. Racism is racism, right?

I had to stop reading posts after about the sixth one - that is self abuse to allow such trash into your head.

Name calling...ugh. Nobody here would resort to such childishness.

Bad1v reminds me about how some of the biggest homosexual-bashers are, themselves, homosexual. I mean, seriously, why would he put so much effort into trying to make someone look racist?

Your comment appears to be of little value. I don't have to try to make someone look like anything when they are doing a very good job themselves.

Just a point to be made - the man was a regular at the bar - there is nothing in the article that says he wasn't a total *sshole to staff or other female patrons...maybe he was getting soused and grabbing some lady's *ss or something. It would be interesting to know what kind of a guest he was...I can see someone wanting to insult a jerk like that...stupid for him to put it in writing though.

Sean has obviously never been to Spain

I've never been to Spain, either. But, I kind of like the music.....

what kind of a guest he was

Seems like an odd statement. Not sure it is an requirement to be liked by the staff. People in service often have bad attitudes. It is an extremely hard job and the ones that are good at it deserve credit. Crappy servers still make 10-15% in tips because of the nature of people. It is hard to say to someone you suck so the average person gives a 10% tip as an indication of bad service, that's still good money especially for a server that sucks.

The bartender broke the law and I hope that he is being sued because that would be true justice. The restaurant is the scapegoat. It seems like a willful act and when someone finally educated him that he could be sued he started back tracking. Your supposition doesn't pan out because that would mean the man broke the law too. I don't think a lot of people realize how easy it is to bring a suit under the civil rights laws if there is just cause.

Well, HarryBalsaki,

I can't help you, old man, as I'm not an attorney, but I can assure you that age discrimination is quite illegal. All you need for a juicy suit, Grey Beard, is substantial proof of illegal behavior, as Mr. McHenry had in the case under discussion. And don't worry because you're a white trailer trash cracker; any moderately learned lawyer can overcome those shortcomings.

Unfortunately, your being a middle-aged white man with a job is something of a liability, because for quite a few hundred years, the job of middle-aged white men (with a few feminine exceptions) was to wring every last ounce of blood from everyone else, so a jury (if it comes to that) might look a bit askance at your claims. Still, if you choose your lawyer wisely, your suit will likely prevail, as the courts have of late been a bit more disposed to dispensing justice, even to grizzly old grey-beard white men with jobs.

Best of luck,

Lune

Same goes for when I hear some people who think they'rebetter than everyone esle calling someone hillbilly or redneck. How do you know what they grew up in or had dealt to them in life. And it backs up Fedup's argument. Just because they might call each other that give's you no right. Not to mention all the other words used to describe a race or platform of people. What do most of you say about someone from West Virgina without even knowing them?

Personally folks, I've never called anyone a Teabagger. Just making the point that it is in no way comparable to calling someone a N*$%&. Call me when they're chanting "Teabagger" while lynching you.

Calling someone a Teabagger, is more comparable to calling someone a libbie, or a leftie. Or an Indo-Kenyan-Socialist-Marxist-Terrorist. You know, names based on a person's politics.

By even trying to compare the two, you degrade the memories of all of those men and women who've died because of the mindset that goes with using the word, n($%*.

And you all say, that liberals are the overly sensitive ones???

Lune,

Wow. Nice comment there. Was jerk-off the portrayal you were shooting for on that one? If so, you nailed it.

Sarah,

Unfortunately it is probably the pre cursor to such acts! Most irrational events start out with name calling and escalate until typically some person that does not have the same filters that you and I have decide to take action against the name caller. I believe that people need to have slightly thicker skin however that doesn't work for everyone based on my point above...the hard part is finding the middle ground.

Thanks for the clarity, Denny.

Hey Grey-Rock Harry,

Who's jerk-off?

Lune

Danno-86,

For heaven's sake, most irrational events can't start from the same point (such as name-calling). If most irrational events began from the same point, then they would cease to be irrational and would become entirely rational events in a causal chain.

You Silly Willy, to think that name-calling explains irrationality.

Lune

Danno,

I tend to agree with Lune. Name calling is a symptom, not a source. I would say fear, ignorance, frustration, those are the emotions that perpetuate irrationality, which in turn, leads to derrogatory language.

I have to feel something irrational, before spewing something hateful. Otherwise, wouldn't we all just have Tourettes???

So he sues for money because someone called him a name? We could have several hundred lawsuits a day on Newsvine alone if that is the standard.

It's free speech. The bar served him (apparently frequently), so there was no discrimination.

The bartender loses his job. End of story.

If the employer chooses not to fire them, that is their business. Again, he was not discriminated against, he was merely insulted. Not professional, but also not illegal.

A good customer might get better treatment than a bad one. Or a customer who is the friend of the owner or bartender might get better treatment than others. None of that is discrimination. Just like how someone else might get bad treatment if they want them to not come back. There is no law that every customer must be treated the same.

And just like Newsvine may or may not block offensive speech, the bar has the same rights. Some bars are filled with profanities, other's not so much. If he didn't like it there, he can leave.

That's called freedom of choice.

Ryan in Texas,

Freedom of choice means the freedom to go into any public establishment and expect to be treated the same as all other patrons. To be called a "@!$%#" by the staff is *not* equal treatment, unless the staff happen to be calling everyone "@!$%#", and I doubt that such was the case.

I can call you a Lone Star Pecker Smecker all day long *until* I open a public establishment. If I call you a Texas Pudphucker in that establishment, heaven's to betsy, I hope my lawyers got up on the right side of the bed.

So let me type this statement S L O W L Y, in case it might stick. Anyone can believe anything and anyone can state anything, but places of public accommodation *must* accommodate the public, or pay the price for the failure thereof. This concept isn't esoteric. It's pretty pedestrian, when all's said and done. However can you posters fail to grasp it?

Lune

The word itself has bad connotations. The N word has nothing to do with skin color. Blacks and whites both are considered the N word when they decide to degrade their race. Blacks call each other the N word. I think it is just a slang word. Whites call other whites (white trash). They are degrading their race. As a society we still have a way to go to respect each other. Talking about it does help.

"Teabagger" is name calling? Oh crap..... The members of the "Tea Party" showed up to their political rallies fwaving tea bags around.

I prefer they call themselves for what they are "teahadists".

Oh crap, I am so screwed.... Sally and Taylor are going to ban me for referring to them "teahadists"

Lune -

I guess you have never been to a nightclub where they pick some people but not others to get in.

Or to a car dealership where different people get charged different prices for the same car.

There is no law against different treatment for different people.

The laws against discrimination are clear. He was served numerous times at the bar.

Simply calling someone the N word or the other words you have no problem writing here is not discrimination. Rude behavior? Sure. Impolite? Sure. Unprofessional? Sure.

But not illegal or actionable.

People have free speech rights that do not go away because someone is offended.

Any business can insult any customer at any time. It would be stupid to do - hence why the bartender was fired - but it is their right.

Now I'm not going to call you a hypocrite, but isn't it just a little hypocritical for your response to my post (which insulted no one) to be the very type of language you purport to denounce?

Al- So is Democrap and Democrack.

Ryan in Texas,

For the love of Homer, I'm not denouncing any type of language. I'm the only one who seems to be using the full range of words at my disposal, while all posters else are pussy-footing around those that get their balls knotted, or might knot the balls of someone else.

Damn, did I just say "pussy"?

People have the right to free speech, but businesses that open their doors to public accommodation have no such right. Whoever told you that they do? Whoever lied, as the Landmark Steakhouse management (and that hapless bartender) have learned to their detriment.

Lune

Ryan

Obviously, you are wrong. If calling the gentleman was not "actionable" they would not have settled the lawsuit in favor of the gentleman.

Lune - I'm trying to figure out what part of the Constitution says you lose your rights when you open a business.

I guess people who run religious supply businesses have no right to do that.

I guess newspapers have no freedom of the press.

A Jewish deli now has no right to refuse to serve pork.

Wait, you'll love this one: An abortion clinic is a business, and since people are offended by abortions - they will have to shut down.

- get real.

The bar has the right to refuse service to anyone, except on the basis of race. Well, they didn't refuse him service. There is no evidence that management even knew he was being insulted.

What? An African American can't be a bad customer? If he didn't tip or really smelled bad - they have the right to refuse service to anyone.

Oh, and another business you might think of : colleges. Clearly open to the public. Yet they pick and choose customers all the time.

Can you imagine your world where they could not?

Ryan in Texas,

No part of the Constitution strips rights from a *person*; rather, it assures rights to all people. Among those rights is the fourteenth-amendment right to equal protection under the law. The US Constitution and its amendments really make for lively reading. You ought to try it sometime.

So let me piffle away your silly protestations. Of *course* people have the right to run religious supply businesses. Whatever prompted you to assert the contrary?

Of *course" newspapers have freedom of the press. Whatever prompted you to assert the contrary?

Of *course* a Jewish deli has the right to refuse to serve pork. Whatever prompted you to assert the contrary? Here's the important fourteenth-amendment corollary: A Jewish deli operating in a public space can't gladly serve pork to Mork because he's an alien but refuse to serve pork to Mindy because she's a terran. Likewise, said Jewish deli can't serve white Peter with gracious respect but serve black Paul with biting racism. What part of that very simple foundational principle are you having trouble grasping?

Of *course* businesses have the right to refuse service to anyone. Whatever prompted you to assert the contrary? Here's the important fourteenth-amendment corollary: Businesses may only refuse service for stated reasons that don't include race and religion, among other protected categories. Refusing service to people who don't tip or who smell bad *might* pass constitutional muster, as long as the rule was equally applied. But what in this article indicates to you that Mark McHenry didn't tip well or smelled bad, other than the racist comments of the hired help?

Of *course* an African American can be a bad customer. That's the whole import of equality. Whatever prompted you to assert the contrary?

Of *course* colleges may preferentially admit students based on stated criteria. Whatever prompted you to assert the contrary? They just can't (with impunity) grant enrollment or deny enrollment to applicants based on, oh I don't know, race or some such superfluous consideration.

And lastly, I can imagine practically any world that's imaginable, and quite a few that aren't. Hell, I can even imagine a world where your assertions aren't so laughable. It's a stretch, but I'm up to it.

Lune

Ryan

Civil rights legislation has been repeatedly upheld by the Supreme Court, which means that those laws are constitutional. Most of your arguments in #1.79 above made me wonder how old you are because the statements seem very juvenile to me. For example,

"What? An African American can't be a bad customer? If he didn't tip or really smelled bad - they have the right to refuse service to anyone."

Don't you understand that a business must have a defendable reason for refusing service? A business can say "No shirt, no shoes, no service" because that is a sanitation issue. "Smelling bad" is a tougher call, but could work on the basis of sanitation. Not tipping .... not a chance.

It's obvious that you are a Rand/Ron Paul follower who doesn't believe in civil rights legislation as it relates to businesses, but they are wrong and so are you.

Lune -

As you yourself point out : they didn't refuse him service.

So this is just an insult by an employee against a customer.

That doesn't violate anyone's rights.

As if there has never been an employee that didn't like a customer, and was then rude to them (or insulting).

Your right is the right to go somewhere else.

This isn't him being discriminated against - it's just a personal matter. And if you read the Constitution, you will see that it is discrimination of actions, not words. Otherwise, it would have to have a clause explaining exactly how you would lose your 1st Amendment right of free speech. It doesn't.

14th Amendment :

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
(I highlighted the relevant part)

The important thing is that each person be treated equally under the law. But there is no law that people can't be insulted at a business or by a business. I get that you don't like that, but it is the way it is. Even if someone tried to make it illegal to insult people, it would not be allowed due to 1st Amendment.
What probably has you confused is that people don't generally insult their customers. A business like that doesn't last long.
As for settling this case, lawyers cost more than most settlements. It's usually easier just to pay the settlement and move on.
Also, this is in California where the juries have their own idea of the law. The same case in many other states would get laughed out of court. Even Judge Judy would basically say: refund him his money for the evening and find a new bar. Total settlement : a couple of drinks and dinner.
No one forces him to go there. And why would you want to go to a place where they don't like you? But no law is going to make people like someone.

But understand: just because you have the right to do something, doesn't make it the right thing to do. (Abortion being a classic example).

You copier you,

Of *course* no law exists that protects people from being insulted at a business or by a business. But a law does exist that requires businesses to insult people equally. Here a @!$%#, there a @!$%#, everywhere a @!$%# @!$%#. You copied the fourteenth amendment, but did you*read* it?

For @!$%#'s sake, has sense gone entirely out the window over the last few decades?

Lune

"If he didn't tip"... tipping is based on the customer's satisfaction in the service you provided - it's not mandatory.

Yes, but if you were given good service it is customary to tip, and if you don't and you frequent a place the entire staff KNOWS you, and KNOWS you don't tip, believe me if you are a bad tipper it's shared behind the wait station...and you will get only the bare minimum respect...be served last, given the smaller/gristly steak, a 'light' pour on your drink, the dirty fork, etc.

Sarah, sometime you'll have to explain your criteria to me, offensive is offensive, but only counts if you think it's offensive? Y'all have your "P. C." speech, but it only applies to your causes and no one elses? Convenient........ you get to be the speech police, but can say anything you want; you are obviously more intelligent than the rest of us.

The calim "using the N-word is not against the law" is only vaguely correct. It is against the law to deny someone equal service in your restraunt on the basis of race, that is a clear violation of the Civil Rights Act. Anyway, these specific instnaces went beyond the N-word to clearly derogatory and mean spirited attacks. You can not put up a sign that says "no N----- allowed" but you can also not try and intimidate them out of your restaurant.

The question here is actually, to what extent does the business bear responsibility for the stupidity of its employees? I am just shocked at how rude, incorsiderate, mean spirited and just plain wrong this action was. I still find it a bit hard to believe that a business has to proactively discorage this type of wrong-headed behavior.

I do not agree with the double standard that it is OK for some people to use a word and not for others. A word is either offensive or it is not, make up your mind. Just because on black calling another black my be OK between the to of them, it may not be OK to another black man standing near by or even to a white who finds the term offensive, as many do. Of course if people understood the root of the word, they might not take so much offense. It actually had nothing to do with race and contrary to popular opinion was not a form of the word negro. It actually derives as a contraction of the word ignorant, which can apply to anyone regardless of race, including a number of posters here. I understand that the word took on racial overtones and I do not condone it's use by anyone, any more than I condone the use of any racial term. Of course I have been called honky as well as another offensive term referring to my religion (k--e) by enough blacks who seem to think it is OK to use racist and derogatory terms so long as they are the ones using them. If minorities want to try and claim the high ground when it comes to people using racist and derogatory terms, then maybe they should stop using them themselves. As it is, I hear more racist and derogatory terms for others out of the mouths of blacks than anyone else.

JS in SD,

Words are almost entirely arbitrary ciphers to which we attach meanings, so words aren't inherently anything, offensive or otherwise. I could say to you, "I remained ignorant of the owner of the ass, so you've got to understand how stupid I felt when I learned that the ass had grown up in my own pastures," and you would likely find no cause for offense in these words. Honing them just a bit, I could say to you, "You ignorant ass, how stupid you've grown!" You might find some cause for offense in this second statement, although I used only words found in my first statement.

Of course some words have become anathema through repeated use in particular contexts. As just one quick example, if I try to write the word "@!$%#" here, the system will wave its holy wand and snatch it into the obscurity of random symbols. Still, though, I'm fairly sure that I can write the word "honky" without the wand waving. Just to press the envelope to see where the edges may be, I can likely write the words "wetback" and "redneck" and "chink" without the wand waving. I'm sure, though, that I will invoke the wand if I write the word "@!$%#", so apparently a good @!$%# is worse than a bad redneck.

It's perplexing.

Lune

@Hawk

What you are missing, and I find it hard to believe that you don't get this, is context. There are white comics, including the late great George Carlin that use the n-word. Carlin has a famous bit about words that are used to denigrate vs using the same words in a manner that is not meant to demean. I grew up in Chicago. I know members of ethnic groups that refer to each other in a derogatorily racial manner, and no one says a thing because these two persons know and respect each other, and would never demean each other.
I find it interesting that you yourself cited instances where the use of inappropriately racial language by blacks made the news because people got upset about their language, but at the end of your screed, you claim that only racist crybaby, excuse-making, thugs (I presume all black people even college educated professional blacks are included in this over generalization) are the only people who ever make a fuss about these things. In fact, Roland Martin, a black commentator for CNN, was recently suspended indefinitely for comments he made that were offensive to gay and lesbian people. I guess you missed that article because you are too busy stereotyping blacks, watching Fox News and visiting your favorite white-power web site.

P.S. I have Bad News For You, POTUS Obama WAS really born in the USA!

1st off...we are nowhere near a d@#n minority!!..how can we still be a minority when all of you idiots complain we have so many kids and all that jazz??..we are a people..just like you...and your drop dead wrong!!..nobody cares for the root of a word!!..everybody on the planet knows what its used for!!..ive never ever in my life heard a white an refer to another white man as a(n) n!@#$r!!! because he thought the other guy was dumb!!..never!!..so stop that!!..and i dont care what anybody says..get this:...you cant refer to me by anything other than my name and expect me to pay you!!!...that behavior from any of those businesses has no place there at all!!!...none!!!...at the end of the day the name of the game if profit!!..not preference!!!...im black..and my money is green!!...you want it or not!!!..get a clue!!..its 2012..and absolutely nobody says what they dont mean anymore!!!...come to yur establishment twice a day sometimes..and you drop the n bomb on me!!..then txt me and say you miss me!!!..yea ok...pay me!!!!!!!!!!!!!!!!..and as far as my people using that word more than you...hows this...ruch limbaugh!!!...and how about the hockey idiots thrown bananas on the ice..or how bout the recent yahoo story where high school idiots dressed like gorillas nad jumped in front of that basketball team with all the racist chants one can muster..while the security is reported to have cracked a smile and just sat there??...i can go on all day!!...bottom line..its wrong!!!...we built the damn white house!!..and it took us hundreds of yrs to get in the damn thing!!..gimme a break!!...pay that man!!!...

You go Royal T! I could not have said it better!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

ROYAL-T: Thank You for a sensible, non-ranting reply. We as a society are quickly losing our sense of moral outrage at the mistreatment of others - regardless of their ethnicity, dress, political/sexual orientation etc, We are becoming a nation of nattering intolerants.

What was printed on the receipt was wrong and those responsible should be fired. Plain and simple. The man refered to in the insulting manor is entitled to nothing from the corporation that owns the restaurant except a apology and maybe a few comped meals and drinks. As what was done was never part of corporate policy and the employees knew what they did was wrong. Those that get fired for stuff like this should have their unemployment claim denied. Sometimes I wonder if they do it on purpose in order to collect compo and cause their employer who they may hate embarassment and cash while they move on to another job.

@ ROYAL-T

Thumbs for that...... However....

I worry that the recent upswing for Libertarians and the like...... may change the perception that it's OK to do these racist things. RP and his cronies would abolish the Voter rights act, Civil Rights Act, and twist the 14th amendment. He would give business owners the RIGHT to do just what was done here in the article. It's all this recent uptick in those Lib. numbers which make people think it's "OK" to joke and say these things

OMG get over it... Sounds to me like they knew this guy very well especially since the bartender had the black mans phone number. Seems more to me like someone else saw the receipt and talked the black guy into making a big to-do about it to get some money. More than once I have seen this type of banter between friends of different color and nothing is ever thought about it. I do get mad about the double standard however. I hear the blacks make derogatory comments about whites, Mexicans, and orientals. No one makes a fuss about it or sues over it. I see what happens when I am driving through a parking lot and a black person crosses in front of me, they see I am white and slow their walk to a slow saunter just to irritate and for no other reason. If you blacks want to be treated with respect then why in this world do you act so disrespectful of everyone else?

Ladybrook60....I find the situation absolutely appalling and nobody should use the term, I personally find it horribly offensive. I can certainly appreciate the long and ardous process that civil rights have undertaken...HOWEVER...that same brush you spoke of, seems to be the very same you are painting me with. We live in an imperfect world...people are mean and nasty (as you can see by some of the posts) but it also places people that have true compassion for the HUMAN race in a position of defense. Do I have the answer to this mess...no. Do I wish that we could eliminate all of the bigotry, hatred of self and others, cruelty...of course I do. But, again, it is unfair to place all whites under that same derogatory classification that these sorry individuals did to the gentleman that was affected at the bar. Racism is just that...racism and it isn't right coming from anyone, regardless of their ethnic originations.

Joy - I do not know you and therefore could not have ever disrespected you yet you lumped me and all of my race as if we all sauntered in front of your car. You are the first white person I have heard of to even claim to stop for people in crosswalks. It has not been my experience to have even 1 in 100 white people even tap brakes when I am entering a cross walk but I do not attribute that to them being white, but callus drivers in too much of a hurry and just a sing of the times. We are busy people. As for the phone number, He may have called the manager to voice his concern and these days phones have caller ID. Did that ever occur to you while you where trying to theorize he was a buddy of these guys? I would venture further that upon his calling the manager that manager gave the bartender the gentlemans number and made him try to quell this blunder.

Please re-read your post and see if you don't come across as a little angry with a group of people you call "you blacks". Sauntering? You have never seen anyone of any other race take their time crossing in a cross walk? Are "the blacks" disrespecting you by not running across the crosswalk for you Joy? It is a cross walk, not run.

Orientals? Are you serious? You still say Orientals? It apologize to myself for bothering to reply to your post after reading "Orientals" and "you blacks". That was enough to explain why you feel as you do. I guess Mexicans comprises anyone that is not white or black or "oriental" to you. Never mind there are Mexicans, Puerto Ricans, Dominicans, Guatemalens, Spaniards, and the list goes on so far I could not list it and you could not understand it if I could.

Let one of your "black friends read your post if you think it won't make you out to be the racist you are.

Fed Up-3261941

I don't condone the N word, but I have to chuckle at the fact of the ignorance of their own race calling themselves that word as a term of endearment. Shameful all the way around.

I agree. I wonder just how many albums he owns by back rappers that use the n word all the time that isn't offensive to him.

@ Kevin S...What the heck do the call Asians these days if not "Oriental"? Are the terms (Oriental/Asian) somehow not equally interchangeable? If not, why not? At what point did "Oriental" become obsolete? I certainly missed that EO lesson if it did.

Steven - No. And, yes, apparently you did.

It's ok, everyone knows you just don't give a beep about anyone outside your circle. Or maybe you are just old and a hermit.

Asian is the nom du jour. fyi

The thing is Devils Son that I would agree with you about the company not owing the man one dime except... This bartender committed the offense before Christmas and it was apparant by his messages that the company was well aware of it. Had he been fired then, yes the company did what they could and demonstrated that this behavior is not permissable, comp a few meals and be done with it. However, this man was not fired until March, and then only after charges were filed. The company knowingly employed this man for at least 3 months after the offense, therefore they share in the culpability and should pay for it. Simple.

Really, I mean, most racist terms are pretty much nightly news. This is the first time I've heard the word 'Oriental' credited as obsolete or racist.

As far as caring for anyone outside my circle...that's a very generic statement. What am I supposed to care about, and how much am I supposed to care? Am I supposed to run to Oakland whenever there's police brutality? Or let's just keep me local...a gang killing occurs one city over three men engage in the execution (not a gang war, flat out execution) of five. What do I 'care' about this? It dismays me that it happens, am I supposed to grab my posterboard and wooden stick and perform some sort of vigil. Do I engage in a hunt for the executioners, do I express my concern on the local editorial page? How about providing, at the very least, a better accusation.

As for depending on 'old' and 'hermit', I would say the former depends on your parameters for old, and I'll agree that I am at least moderately hermit-like.

So I have learned today that the appropriate term today is 'Asian', information that I will take with me. Curiousity prompts me to ask, when did 'Oriental' fall out of favor?

Steven..."Oriental" has been widely known as being racist and offensive to Asians for about 20 years now...if not longer.

I really think the scariest part is where the bartender says he has kids... what kind of chance will they have being raised by a DUMBAZZ like that?

Well, "Oriental" was used ubiquitously in all medium in the 80s, without hostile intent, nor any awareness of the Asian community objecting to it. Your statement indicates at least early 90s for this philosophy. I watched and read the news back then, perhaps without the dedication I give it now, but I certainly had a passing knowledge of most headline news.

As it is not a term I've had to use with any frequency, nor have I heard any lawsuits issued over its use, it must have slipped me by. I will certainly file it away for future use.

"Oriental" is definitely considered a racial slur. The use if it to describe a person shows ignorance, if not outright bigotry. The rule of thumb is: A person is Asian, a lamp or a rug is Oriental. That's not so hard to remember, is it?

Oriental is technically the opposite of occidental and is generally used to refer to objects ie: oriental rug. this is one reason people don’t like it. another reason that some people don’t like it is because of the first reason cited, it’s a very eurocentric term and not something the people of the region call themselves. yet another is that the orient is only a specific region in asia, so calling someone oriental, even if not in a negative manner, may be incorrect i think along the lines of saying someone is mexican or central american when they’re south american. it may not seem like a big deal to you, but i am sure many people would be offended by someone else’s assumption that they’re from an area that they are not from.

as far as the story goes, i think it is a bit much to sue the business over this. it was neither the business’ policy nor did they not take action. while a business has some responsibility regarding the conduct of their employees while that person is representing them, i don’t know how far this responsibility should go monetarily when a an offensive action outside of policy is taken.

i personally think the woman in nyc (asian woman at a pizza business) took the correct action of informing the company and receiving an apology. while i DEFINITELY DO NOT condone the actions of this bartender, i don’t see why it had to end in a lawsuit.

He had every right to file a lawsuit - he lost the freedom to frequent his favorite watering hole, a place he though was appreciative of his patronage. I know I would NOT go back to such a place that attacked me personally...oh wait - I get attacked here all the time and still come back. But seriously, in a country that boasts about freedom, and to have it abused by someone trying to be funny...even if I sued for one cent - I'd still sue. By holding the bartender accountable - maybe, just maybe, he'll learn and mature from being sued.

Being held accountable is Humanity 101.

BaileyandBug

The thing is Devils Son that I would agree with you about the company not owing the man one dime except... This bartender committed the offense before Christmas and it was apparant by his messages that the company was well aware of it. Had he been fired then, yes the company did what they could and demonstrated that this behavior is not permissable, comp a few meals and be done with it. However, this man was not fired until March, and then only after charges were filed. The company knowingly employed this man for at least 3 months after the offense, therefore they share in the culpability and should pay for it. Simple.

ON POINT! My thoughts exactly. The very distinct line of zero culpability (or here's a couple of free meals) was clearly crossed when management chose to continue with the offending bartender in their employ after becoming aware of his behavior. To fire him only after the suit was filed is to indicate a mindset that condoned the bartenders actions as long as it wasn't at the owners expense. Very simple indeed.

I feel bad for the guy. He probably thought the restaurant's employees were his friends and then to learn what they really thought of him - can you imagine? Just awful. I hope he got a nice junk of money out of them.

I find it aggravating and disturbing that black people use the N word towards each other on a regular basis. In a predominately black style of music this word is used frequently. It also seems flat out hypocrtical that these so-called "artist" are using derogatory names for their own race and are promoting violence and hatred towards women with the filthy names they call them and represent their behavior as less than admirable. Yet black women at some level seem to be accepting and condoning it. Wasn't it JayZee that just stopped calling women "bitches" in his music and lifestyle in honor and respect for his infant daughter?? Where in the hell was the respect for his babys' mother and all women before the birth??

I get tired of hearing how two blacks can say it to each other. I don't care who uses the word, I wont. I'm technically such a mix that Im a heinz 57, but none of that matters to me. I take the simple route. I won't one day be judged for what others did, only what I do. I refuse to use a word that to my knowledge has no common use that isnt rude, demeaning, and insulting. I add it to a list of other words I simply refuse to use because I AM better than that. It has nothing at all to do whith whether any other people are better than that as well. I like the idea that if I am better than someone else it isnt simply because of color, or sex, or religion, or nationality or any other reason than simply because I make myself better by being who and what I am. Saying we are better or worse by any of those reasons is actually a insult to those of us who work harder to be better. I want nothing to do with people who would rate me higher or lower simply because of my skin color or anything that is beyond my control. I find that an insult to how hard I try to be better.

My best friends include a black indian, a hispanic bisexual, a white redneck, and many other mixes, and I consider them my friends based upon their personalities, and chararacteristics. There are many others on this planet of thsoe races/preferrences/or lifestyles that are not my friend, and many that probably never would be. If your a good person, thats where it stands. If you arent then being a certain race or group will not make you one. I once heard a black girl talking to Colin Powell saying she didnt like affirmative action. She said that if a company didn't hire her because she was black it was their loss. If they hired her only because she was black and needed so many blacks, she considered that an insult. She said she was the valedictorian, class president, a member of the many of the different clubs her school offered and was a worthy employee for any company. Anyone who didnt hire her because of race or only hired her because of it, didnt deserve her.

I dont know how many times I have said I dont like Obama as president and someone make a stupid remark about not liking a black president either and I have to correct them. I dont care what his color is, I dont like him as president for other reasons. I disliked bush, clinton, and bush sr too. I would have loved to seen Powell as president, or Rice, but somehow that is something I have to explain to those that want to lower it to race. I think it may be one of our greatest losses that Colin Powell wasn't one of our presidents because too many idiots that would have been too stupid to let a good man regardless of color be our president.

I refuse to accept racism from any races. I think the KKK and the black panthers are both insults to the races they include as members and are lesser beings of the human race. They have the chance to be better at any time though, by refusing to follow prehistoric attitudes of stupidity. I would have thought that by now we "should" be advanced enough to be past this stupidity.

to use the N-word is wrong regardless of your ethnic orgin. If the bartender was black it would still be wrong. I think blacks who use the N-word should be called out on it by the rest of the black community. Stop useing the N-word, and all other racially insensitive laguage in places of business and you will not get sued!!!! It's 2012 for crying out loud. We are americans. Not African Americans NOt Asian Americans One Nation under god Period.

It's free speech. The bar served him (apparently frequently), so there was no discrimination.

The bartender loses his job. End of story.

If the employer chooses not to fire them, that is their business. Again, he was not discriminated against, he was merely insulted. Not professional, but also not illegal.

A good customer might get better treatment than a bad one. Or a customer who is the friend of the owner or bartender might get better treatment than others. None of that is discrimination. Just like how someone else might get bad treatment if they want them to not come back. There is no law that every customer must be treated the same.

I have found that most people are racist in their hearts... It seems to be the way in which our species is put together.

Probably the best we can do is to try and be fair and honest in our minds --- and in our treatment of one another.

Lets cut through the chafe. This black man was a customer of a business. He was insulted by the use of a derogatory and generally accepted racist term on his customer receipt. This has nothing to do with the use of that word in any other context. In fact, any customer who would have had some dergoatory statement printed on their receipt would be within their rights to complain.

What makes this case more egregious is the racial content. Blacks fought hard for the right to frequent public restaurants. Public acccomodations provisions in civil rights law protect that right. Racist comments made by employees of an establishment constitute harassment and should be taken seriously.

If I were white, I would not care how many times blacks used the word, I would not use it. Following that line of reasoning eliminates any potential problem. Interesting why some feel it is so important that whites be able to use the word with the smae impugnity as blacks.

sally, where are you when whites are called "crackers"? Just curious but there is a definite double standard on here when it comes to racial terms/slurs.
Thanks,

Ken

My take on racist language is pretty simple. I don't use any term which, under the "wrong conditions" might get me shot, stabbed or severely beaten.... no matter who else can say it with impunity.

Many of us have a "family" pet name which may be embarrassing if used in the general public. Mom, Dad, Sister, brother - Grammy an Pops get a free pass, you don't!

Dem's da rules - deal with it.

It so simple, why does that have to be explained to you over and over again???? Go to a ethnic bar and utter your favorite slur -then explain your reasoning - Pretty sure everyone will apologize for that open can of whoop-ass you just got served.

Its how you say it... with love or hate which changes the nature fof words. Some words come pre-loaded with connotations.

What you can't get away with os acting as if you didn't know any better.

Firstly, I realize this is late to be responding, but I find it so *ADORABLE* that white people think they are so oppressed in this society. As if white people (and that includes me, mostly, unless people hear my name or see it written, and then I get all the "What are you? You don't look Mexican, you look more European, I have a great uncle from *whogivesa@!$%#-akia*" bull@!$%# questions, like I'm from another planet or some stupid @!$%#) have it so hard in this day and age. As if white people are actually discriminated against in the college application or job application process. You see a company hire 25 people. Most are white, but 2 are black/hispanic/asian/whatever. You automatically assume that it was affirmative action, and not that they gave a better interview or had a better record, and cry "RACISM!!!!" Yet, you never question the 23 other white people who got picked. They have a right to that job, and so do you (in your mind, at least). Like when people call you "honky." Somehow, you got it in your head that a word with centuries of hatred, murder, and violence behind it (when used by anyone NOT OF THAT GROUP) is on the same level with an in-group reference to that group's oppressors. I don't know who first perpetuated this stupidity (probably some racist honky), but it has nowhere NEAR the level of hostility behind it. Some stereotyping, but not the same by a long shot.

As for the rappers and R&B singers who use the N-word, for one thing, it's a part of black culture. There is a separation of cultures in this country, mostly due to racist-ass stupidity, like the White Flight. Oh, but that term hurts white people's feelings, so I guess we'll have to go with "Urbanization," a code word used today, like "Urban Youth" = black kids, to signify the clearing out of the white folk to the suburbs and leaving the ghettos to minorities in order to avoid desegregation. Well, now you have cultural attitudes based on race, which is apparently what you wanted all along. And, to me at least, it's understandable that those cultures would attempt to separate themselves from you, after the centuries of bigotry and oppression they faced. I'd want to give someone who oppressed me a big "@!$%# YOU," too. And you complain when those people raised in separate cultures have completely different values from you. It's just one big whine-fest. Much of the time, if you actually listen to the lyrics, they are using derogatory terms in ways not to be endearing, but to express the viewpoint that they have of the world being from a different background. They are using the words on several levels to describe how society sees them. The same word denotes different views from different people based on different context, especially race. So, it's an expression of the different viewpoints based on racial profiles of the audience, rather than just the subject. There's more to it, but I doubt you'll even follow me that far.

Point being, if you're not black, DON'T SAY THE N-WORD! If you're not hispanic, DON'T SAY THE S-WORD! If you're not asian, DON'T SAY THE C-WORD! And yes, there are a lot more offensive words that apply to each race. But, just because you hear somebody say something along those lines, don't assume that it's okay for you to say it. And don't assume that that person is wrong to use that word to describe their own race. You keep coming back to "But they did it, too!!!! If it's bad for me, it must be bad for them, too!!!" Get over it. It's not your word. You don't get to use it. And if you do, you are and should be socially held accountable for it.

Now, as far as the lawsuit, I'm somewhat of the opinion that this should not be actionable. The guy had been going there for quite a while, had built a rapport with the bartender at least, and had obviously felt comfortable enough there that he had given them plenty of return business. That, to me, does not denote a hostile environment. However, I don't know the details or situations, and I am not a lawyer, nor do I have any background in civil rights cases, so I'd leave it up to the judges/lawyers/arbitrators/whoever to deal with the legal ramifications. But, in a place that called everyone a racial slur, as long as the racial slur was tinged towards their race, I couldn't see a problem. If everyone was referred to by one racial slur, that seems to me it would be a hostile environment.

As a self-proclaimed Native American (Cherokee and Wampanoag) who people class as white I do not think we should racialize people stopping for those in cross walks. I rarely notice the race of drivers, but in my experience there is no respect for people in cross walks from almost all drivers. I believe it was some Iraqi drivers who flipped me off once when I was walking across a cross walk. The only things that factor at all are the level of pedestrians and local city ordinances. However Ann Arbors clear yield laws do nothing to cause people to even contemplate slowing down for pedestrians outside of the immediate vicinity of the University of Michigan. Some drivers even speed up to zoom past before you get to their part of the cross walk. This is not a race based thing.

It's free speech. The bar served him (apparently frequently), so there was no discrimination.

The bartender loses his job. End of story.

If the employer chooses not to fire them, that is their business. Again, he was not discriminated against, he was merely insulted. Not professional, but also not illegal.

A good customer might get better treatment than a bad one. Or a customer who is the friend of the owner or bartender might get better treatment than others. None of that is discrimination. Just like how someone else might get bad treatment if they want them to not come back. There is no law that every customer must be treated the same.

Sooooooooooo.....

Ryan in Texas, In your world, it's apparently all right if someone walks into a place, spends time, money, and as they walk out, are given racist epithets as a doggie bag???

Wonder what, if anything you would feel if you walked into an establishment that, as so you have put in past posts, reversed discriminated (no such thing, anyway...) against you?? Maybe the hostess at Applebeys, or the valet at the hotel where you are staying.

I could see it now, Ryan in Texas hypothetically tips the hotel valet $1 and get's a big "Thanks alot, Cracka" or a "mighty White of you, sir"

What you fail to see Ryan in Texas, is that this behavior, not so thinly veiled as free speech, FEEDS ON ITSELF and continues in a never ending circle of hate and disparagement for both sides. I think, as intelligent as you seem to be, that it's up to the more intelligent persons to discontinue this behavior. As you make yourself out to be the more intelligent, maybe you should think about this...........for a minute or two. YOU can change the WORLD bro!!

Not a bad post, unbelievable. Especially your last paragraph. Very well put. I've been called white boy and cracker before but didn't take offense myself, because, A.) I am white and a male. Hence, a white boy. and B.) cracker makes me think of a tasty salty treat with the versitility of having something sweet or savory put on it and made in to a delightful snack.
Mostly, I felt bad that there weren't better racial insults to be used on me so things could be more even.

LOL@Ken-880631

There are much more, worse, but don't want to get suspended!! Use your imagination........feel free!!

BTW, Cracka is really not as offensive as the N-word as it is connotative to the cracking of a whip upon a slaves back, you know, the position of one IN power, NOT the one receiving the punishment.....

And the "mighty White" was meant by black folks to be said like "mighty right" as in they think they are always right.....

Gives a different perspective.......

Uh, I never held any slaves.

If you want to get into the facts about African Americans, I can bring a heap of them in from official Gov't figures that show them to be the dreggs of our society in how they treat each other, their kids, themselves, how they do not work, how they live on the wages of others through handouts.

There is a reason the N word is considered offensive. It is because of their behavior.

Hence why cracker doesn't have much sting to it.

So the guy was insulted? Big deal.

When people call you Mr. Stinky behind your back, there is a very strong likelyhood that you actually stink.

I guess soap is just the white man's way of repressing blacks.

Ryan in Texas

Uh, I never held any slaves.

Thank GOD, you never did!! LMBAO!!

The sad part is you don't see the benefit you still get from that legacy.

YOU can change the WORLD bro!!

I guess you're not gonna help us....... feel free to step aside and let the rest of the world pass u by!! (waving enthuastically, and smiling)

Any "benefit" from slavery has long ago been eaten up by the "benefits" people who have never been slaves now get.

Another time I will fill you in on the facts (Gov't data no less) on the devolution of the African American Community.

An optimist is just a realist who doesn't know any better.

Or, an optimist always thinks a realist is a pessimist.

Take your pick, but the n word is going to be tied to the behaviors of the African American community. And it will always have that bite to it because of those behaviors.

Wow Ryan...

"Take your pick, but the n word is going to be tied to the behaviors of the African American community. And it will always have that bite to it because of those behaviors"

and just what would those behaviors be? Look, the word is oudated, offensive and morally, well...just wrong. Those folks that continue to use it....regardless as to why YOU feel it is justified....are afraid of looking forward. What is out there that is so scary? I do believe that Unbelievable was quite the person for not slappin you up'side the head in response and yet you continue. Gave you more than a chance to show you are a member of the human race....epic fail.

Scary to think that they might have been spitting in his beer or worse, all along...maybe the nasty note was the best part of his treatment.. at least the part that made him realize that he was dealing with ugliness and ignorance. I am sure it was not about the tips.

maybe he smelled like ass whenever he got up from his barstool, but go with that, don't bring race into it... he doesn't have to be stinky, but he can't help what color he is...

If someone smells...Is that a good reason to dehumanize him or her and to put it in writing?

Ben Thomas - I am black and I tip 2.5 the tax or roughly 17%, with a $5 minimum tip withoout regard to the amount of the bill. If the service was outstanding I tip triple the tax. I wonder why you mentioned this. Do you still believe whites are the best tippers and blacks do not tip well? Was this your attempt at humor?

This thread is proof of just how far we have to go. Your attitude is far from the attitude of most people. If the election of a black president was not a wake up call to bigots, wait until we finally get the chance to elect a woman, or someone of another racial origin than white or black. This country is moving forward whether bigots like it or not.

I love this time we are in because it just makes bigots so very mad and they can do nothing about it but stew. I smile so big at this hatred because it has no power anymore. I own two homes in a quiet predominanlty white neighborhood and it is becoming more diverse each year. It is a beautiful thing that bigots are missing out on. The rest of the country is having a good time watching our country take strides to be better and it must suck to be stuck in a bad past.

One day bigots will be like smokers, relegated to a small plot of sidewalk way out in the back of the building where noone can be offended by your choice.

@Kevin

Very, very well put. You're right, they are missing out but that's what happens when you live in a scary, hateful world.

I'm wondering does a minority have a monopoly on a word, or can anyone use it?

You would think by now that companies would make it impossible for ordinary employees to change the default settings in the system and thus leaving themselves open to these types of lawsuits. Of course if they knew they had a racist employee, or one so clueless that he just thought he was being funny, then they could still end up in court regardless. Anyway I remember 20 years ago when I was in retail we did the same thing as a joke but nothing racists of course and the jokes were not targeting a specific customer just all cutomers in general. The problem is that sometimes many employees have to have access to update UPC’s and change prices. They may have to change the software on these systems though so that there is a separate password to gain access to change the greeting on the receipt specifically, if that’s even possible. Of course they could probably still change the product description to something offensive.

@Kevin

I think the point Ben was making was that if he didn't tip much that might have frustrated the bartender to being stupid. Either that or maybe he was wondering how much he had been tipping the guy in lieu of having bad receipts. You know how much it would suck to be tipping graciously and still being mocked? He didn't mention race at all. YOU did. If anyone here is a bigot it's you for simply assuming he's white and making fun of blacks tipping. A lot of racism exists today simply because people like you assume it's there when it's not.

Thanks for the laugh. Always a great way to start off the work morning.

I love this time we are in because it just makes bigots so very mad and they can do nothing about it but stew. I smile so big at this hatred because it has no power anymore. I own two homes...

That's great, but not everyone is as fortunate.

Bigots are having a hey day making life miserable for recent immigrants, pasing 'laws' such as those in Alabama, stating that some Americans are not allowed to work or drive a car or rent an apartment or buy a house, and that if they ARE hired, they don't have to be paid, because contracts made with them are not binding. Not to mention mandatory harassment of their children in school. Meanwhile bigoted media outlets, mainstream politicians, and so-called 'non-partisan' lobbying groups founded by Nazi-sympathizers, are busy vilifying these people as a group and spreading lies that are directly opposed to the facts regarding welfare, medical care, impact on jobs for US citizens, etc.

And that's just one group of people.

Things WERE getting better, and things HAVE improved dramatically for certain groups since I was a boy, but we have a long way to go, and over the past ten years, things have gotten worse, not better.

Congratulations on your success, and God willing, your children will never be barred by all of the same obstacles that were thrown up against people like Medgar Evers. Still not everyone is allowed to compete on an equal footing as yet. Please keep those people in your prayers.

I have found that most people are racist in their hearts... It seems to be the way in which our species is put together.

Probably the best we can do is to try and be fair and honest in our minds --- and in our treatment of one another

Ben...

Do us all a favor, and don't "wonder" anymore.

commonsense there is a difference between an Immigrant and an Illegal Immigrant, where's the justice for the people waiting in line? Before the typical name calling my ex-wife was Mexican and my current girlfriend is Mexican.

Probably a piss poor tipper considering the nasty things said about him by the staff member.

Hey Kevin S...no one said people of color are bad tippers, just that this man in particular may have been one...and today I gave great service to a pompus, White Phd, who let me know how well traveled and eduated and experienced she was...who came in with a give-away super awesome deal coupon and left me zilch...

Been in the service industry long enough to know, you can't judge a book (or a tipper for that matter) but it's cover.

BUT the only place I'd put how I really felt in writing...is right here anonomyssly...putting anything that anyone might take offensively in writing is just plain STUPID.

But a Black bartender will not be this insensitive, stupid, vile, and a moron. Get my drift?

Prince.....why not?......and how could you know?......

you think this would have gone anywhere if a black bartender wrote 'cracker' on a white guy's receipt?

if the bartender was ...

And if pigs had wings ...

Do you have a comment based on reality, or just the one about the imaginary bartender?

you think this would have gone anywhere if a black bartender wrote 'cracker' on a white guy's receipt?

DID sombody write "cracker" on your receipt?

or are you afraid of the same imaginary bartender as nycguy?

Sean......aunt Ralph doesn't like what you wrote.....

no commonsense....... so I guess Jesse Jackson should have been destitute all these years since he spit in the white peoples food.....not just call them crackers.......perhaps he doesn't deserve forgiveness at all.....

Prince Charles-4147754

That is were you are wrong. I am part Native American (to be politically correct) and I have been call all kinds of names by some of the good African Americans here in the south.

Not true. I had a manager FIRED from my job for referring to with the "N" word; and we are both Black.

I am African American and had the bartender been black and put this on my reciept I would have handled it in the same manner. Wrong is wrong. The area we are talking about is affluent and he obviously achieved some modicum of success that he was a regular at this establishment and lived in the area. I cannot name a time in my 47 years that I was called that word by someone black that I did not know, and cannot think of a time in my life where I was called that word by someone I know twice.

I live in a City that has a restaurant called "Redneck Haven" yet I would not dream of walking in there for one and for two, if I had a thought to enter I would not assume it is okay to call any of the white patrons by that name. What you call yourself is a priviledge not to be assumed okay with others.

Why do some people look for the "in" when it comes to the use of private speech? I am sure we have all heard of private speech here? It is speech acceptable to members of the group and if you are not a member of that group, do not use its terms without the expectation of recourse.

I would never walk up to a member of a gang and call them by their language and expect to live. This is an ignorant exchange we have on this thread. If you are a racist looking for an excuse, you do not need one.

As for being called names and being white........ doubtful a single white person has been lynched in this country by hoards of black people calling them the names you mentioned. We can always defend our want to be racist wioth a hypothetical situation juxtaposed, or by outright lying, but most of us on here see you for who you are and call B.S.

Kevin S... how long ago are you living? your last paragraph is about something done long ago. We are a different society. So what happens years and years ago gives you the right to talk and act like society today owes you something?

And if you read the article with open eyes you would find that the bartender phoned the "victim" which means they were on pretty friendly terms. Seems to me the "victim" found a way to make some money really fast.

Devil's son,

the corporation is responsible for their employee's actions. He was working in the scope of his employment when these actions took place, so the corporation is vicariously liable for his actions. This is why they have to pay. Maybe they'll be more careful about who they hire in the future. Also, why would the victim of this abuse want to eat a complimentary dinner in this restaurant? That doesn't make sense. If I were him, the corporation couldn't pay me to eat there again.

Joy - I am sure I am probably more educated than you as I am a college grad and with honors. I am a home owner times two. I have a 401K as does my spouse. I would bet I have more in one stock on my Ameritrade account than you will earn in a month ( I won't lie and say a year)

Owe me something? I have earned everything I have. Most black people work and earn an honest living asking for nothing but to be left alone and not grouped as a single mindset by bigots such as yourself. Your post points it out clearly. I have noticed over the years that it is usaully whites that have failed to keep up that sing this old song. If a black person made it, he was given some special favor. If they have not, they should pull themselves up by their own bootstraps. But when we do, you still think you gave me something. No win.

Well joy, you are the kind of white person white people cringe at and are ashamed of because you still hold onto old beliefs. You are white for Gods sake, why have you not made it? No bootstraps mayhaps? I have the ones I used somewhere in storage if you need them. Otherwise quit being so angry and get a job.

As for a phone call making you on friendly terms. I get calls from solicitors very often trying to sell me enegry, phone plans, etc..... nope, not friends. I have called Nissan ( the black 350z Roadster Grand Touring you gave me Joy) to complain about a failed part and had the call returned by a manager of customer service to offer a replacement......not my friend either and I have used this same serivice dept since 04 and know some of the people that service my car now, but they service my car, we are not friends just because we are cordial, it just means we respect eachother and are civil.

This idiot did not respect him and he tolerated it for the sake of wanting to fit into his new community and not be run off from it. He earned his way there and was determined to not allow an idiot to run him off. He deserves credit for giving them several chances to stop the behavior before filing suit.

If I eat at a restaurant and sit at the same table served by my favorite server, that still does not make him/her my friend. Maybe you lack an understanding of what qualifies as a friend versus a patron/establishment relationship that is cordial. Nowhere does it mention they hung out in any other scenarios. This is purely supposition on your part.

You read into this too much and missed the heart of it. You still do not know what caller ID is I guess. When you call most people or places, they now have this way of identifying who the caller is by name and phone number. If you where to call someone who cares.............let me stop there Joy. Whoa, I used your name, we must be friends. I was able to respond to something you posted, we must be buds Joy.

Joy, in this litigious society we have learned that sometimes offenders only change when you hit them where it hurts, the wallet. Its not about getting something for nothing. This gentleman lived in this community meaning he had already earned his way. He needed no special pass or ebt card.

Kevin S....Amen! Yes, Joy and the others like her, are the ones that I cringe at. I used to get so very angry until I discovered it was a wasted energy...something that I have little of these days. I see that you know, as do many others...that we are not all painted with that same brush and in fact, the strokes that God gave us are unique and beautiful, clearly outlining the exterior differences. Wouldn't the world be such a boring place if we were all the same? Your statement was eloquent and you showed what a gentleman you are...Im not so sure I would have been so very gracious. Kudos Sir.

"You are white for Gods sake, why have you not made it? No bootstraps mayhaps? I have the ones I used somewhere in storage if you need them. Otherwise quit being so angry and get a job."

hahahahahahahahahahahahahaha. Thank you, Kevin. That is the best thing I've read all day.

Kevin S, were you born in Africa? Just curious.

I agree with Joy here. It does look like he was just looking for some easy money.

Kevin S - What part of Africa did you come from? Since you mentioned "african American" ? How about just calling yourself "American" for a change........... If you want to be recognized as 100 percent American, leave the rest of the moniker off.

so I guess Jesse Jackson should have been...

So, now the imaginary bartender was Jesse Jackson?

Did Jesse spit in your food or did he call you a "cracker"? Both maybe?

Perhaps you should just forgive him for the imaginary things he did to you and get on with your life. Or you can feed your anger about imaginary things that never happened until you give yourself a headache. Your choice.

You're going farther and farther off the deep end. How many times have you cried yourself to sleep at night because somebody called you "cracker"? Never? And if you worry about people spitting in your food, try being nicer to the wait staff. They're people, too. Or just eat at home if you can't be nice to others.

So what happens years and years ago gives you the right to talk and act like society today owes you something?

You mean like when Barack Obama was elected President of the United States of America and then he started acting like society owed him the right to live in the White House just because of something that happened before the Civil War? (Oh, wait. That's right. His Dad was from Kenya, not Alabama. Oh, well never mind. Hey, does that guy have a BIRTH CERTIFICATE?)

And if you read the article with open eyes you would find that the bartender phoned the "victim" which...

was kind of creepy, actually.

How do you think nycguy would feel if an imaginary black bartender named Jesse Jackson suddenly started sending him text messages that signed off with "luv u"? Then again, maybe that's what nycguy is so upset about.

commonsense.....so nice to see you are totally consumed by your race and are so sensitive to any reference to it by some one other than yourself.....I don't worry about Jesse Jackson spitting in my food because I would not eat in a restaurant he worked in, but maybe you should worry about what he may do to your food if you go there to eat.....

actually nycguy....I spoke of race and didn't get a retort from CommonSense....hmmm, maybe it was your presentation? I dunno, just hazarding a guess...and btw, Im about as white as you get and if the food was good, I dont care if OJ was the cook, Larry the Cable Guy or the Dali Lama...so really, what did your post have to do with anything other than maybe you are a tad sensitive yourself 'puddin pop.

The fact that you are saddened, means there's hope for us yet.

God bless you.

:)

It's the same when they make the comment of interracial. They don't mean white on asian or any other, what they mean is Black on white pure and simple. The problem is that they don't like people of African ancestry thats it. This guy wasn't joking, he was serious he was hoping that the guy would take his insults like a fool. Our country has been scarred horribly from hatred and intolerance. Your correct why is it that there is still racism, because there is still people who believe in it and there are the closet bigots that try to protect individuals like this.

Buck Johnson,

At the risk of crowding into the closet with those other bigots, I assert that the bartender in question doesn't really come across as a racist, just incredibly stupid. Of course racists are also incredibly stupid, but they couple their incredible stupidity with incredible viciousness, a brand of mad-dog viciousness that would likely stun this bartender. Look at the messages that the bartender sent in the wake of his incredibly stupid acts. Based on that (admittedly slim) evidence, he comes across as just a befuddled simpleton who crossed an (admittedly serious) line when he thought that he was being funny.

Befuddled stupidity can be cured, as this bartender is justly learning. Racial hatred by and large despairs of a cure.

Lune

Common Sense - The fact that you gave credit says even more for us as a nation. That was commendable for you to take time to post to someone in support of good ideas. Thanks to you as well.I was moved by both of your posts.

Common Sense - The fact that you gave credit says even more for us as a nation. That was commendable for you to take time to post to someone in support of good ideas. Thanks to you as well.I was moved by both of your posts.

Kinda like how there are no purebloods anymore.. they all have a little muggle blood in them, even Tom Riddle.

I have found that most people are racist in their hearts... It seems to be the way in which our species is put together.

Probably the best we can do is to try and be fair and honest in our minds --- and in our treatment of one another

Exactly: the "i was just joking" defense is a little weak...who was laughing?

More importantly than who was laughing, but, what part of any of those names was even remotely indicative of humor or a humorous intent?

AP-- I wish the bartender had just gone with the truth rather than the lame "I was just joking defense." After all, "I'm stupid" is clearly more believable.

Jeff-370899,

Your post fails to note a key point discussed in the article. However stupidly the bartender may have acted (and what a whopper of stupidity those actions were), he tried to make amends for his misbehavior before it became generally known in the courts, perhaps even before the import of the situation became fully known to Mr. McHenry himself. According to the article, McHenry went to the restaurant on average three times a week, and on the day when the bartender experienced a meltdown of sense, McHenry had come twice to the restaurant. Is it so hard to recognize that the bartender simply presumed too much on an acquaintance, and that presumption led him to act stupidly?

If the staff at this restaurant truly nurtured a culture of racial hatred, why in the world would McHenry go there three times a week? For a great many people, that would be the full extent of their social engagements outside the home. So McHenry kept going once every two days to a place where the people truly despised him because of his race? I don't buy it.

Perhaps you live in that rarefied reality where people never wake up to the immediate head-slapping thought, "How the *@!$%#* could I have been so stupid last night?" The rest of us just have to slap our heads and try to muddle on.

Lune

Lune:

B.S. That is exactly what that bartender thought of this man and why he put it on the receipt. The ONLY reason he apologized is because he knew he would lose his job if the Black man sued. You are naive if you think that this was not a blatant act of racism and no apology in the world can make up for making another human being feel the way that man must have felt when he read those receipts.

I do feel for the bartenders family. I am black and not by any means sympathetic to racists, but to families of some idiot, yes. This guys family may have had no idea he was behaving this poorly when at work. With this said, my heart goes out to the kids of this idiot and his wife. I hope he doesn't take his anger over this situation out on them and instead takes responsibility for his poor judgment and can turn this around for his family. Any one of us here has maybe not done something like this, but certainly we are all human, even Joy57111, and are all capable of making life altering mistakes.

While we are discussing this from either side.... if you are of faith, pray for the gentleman and his family that they put this behind them, but also for the family of the bartender that they do not actually lose their home or one meal over this stupid insensitive act. If this guy had a family and it was not just something he was saying to mitigate his being caught red handed, then they are going to need prayer......... and bootstraps.

I have read all the post to this point, on this matter. I have been in customer service for 30 plus years and learned very early on, (like when I was 2) to treat people as I want to be treated. That includes ALL people. I was also taught, if I didn't have anything nice to say, don't say anything at all. What this bartender did/said, was appalling. I would never in my life refer to anyone that way. I believe that I have a job, BECAUSE of the people that I serve. I never get the service that I gave when I was in the restaurant business, but that doesn't mean I would treat you negatively because of it. I also believe that the establishment should pay for their ignorance in keeping this guy employed after knowing what he is capable of. What's next? Is the bartender going to keep making racial slurs until someone takes physical action upon him? I also pity this child the bartender has, because "Children learn what they live" and he/she already has a negative impact bestowed on him/her. I would think the "victim" in this will be more guarded in his future (sadly so) when he frequents his next watering hole.

Young Graddy LV

For @!$%#'s sake take a chill pill. A racist isn't hiding behind every margarita glass, however many Marges and Ritas you might care to parade forth. Fact is, humans act stupidly much, *much*, MUCH more often than they act on racist promptings.

If you can't sense the difference between a stupid bartender and a racist, then the racists have won. You might as well be tossing coins into their war chests. Look at Feistyone's oh-boo-hoo-let-me-wring-out-my-crying-rag-and-cry-you-a-river-of-tears post.

This was a stupid bartender, for @!$%#'s sake! If you've truly been brought so low in your conceptions that you think *that's* racial hatred, then the SkinHeads just got bumped a notch on the evolutionary ladder and we may as well forget about the scouring of The Shire.

Lune

Lune,

I'll grant that there are different levels of racists. There are the KKK type who want to lynch everyone not of their color. There are those who think they are superior to others. There are those who see people first by the color of their skin. But nobody who was completely unbiased as towards race would use those words to insult someone else.

Saints preserve us!

She says that NOBODY, let me hear you shout NOBODY, nobody who was COMPLETELY unbiased, and who among us, children, let me know WHO AMONG US is so COMPLETELY anything, much less completely unbiased, that they would use those WORDS, cry it brothers, WORDS to insult, sisters sing it, words to insult someone else. inSULT! INsult! Why, the very words WOUND, Brother Ezra, they snap at the heels, Sister Beatrice, and they snap of

LEVELS!

Yes, mothers and fathers, levels! The KKK after all these years, these YEARS I say, decades even, has carried out its level and found us WANTING in the balance, the SCALE! We shall TAKE NO NOTE that racial hatred has grown deeper and stronger and so virulent that it rots even those who embrace it, because Katy M

YES CHILDREN! RISE UP! BECAUSE I SAY THAT KATY M

has found the root of the evil, and that root is my use of words that she asserts insulted someone, when really they only made serious fun of ideas that have no place in a world that's pretty well broken anyway.

Lune

Lune, you really are loony. I did not say that the use of words is the root of all evil. I said that the use of them is a symptom of racism. Non-racist people do not use racist words.

My stars!

Katy M has LATCHED onto a pun, and BOY! I'll bet she thinks she's the first to do so. Well, given that she chose to slur a good Irish name FOR NO GOOD REASON (oh, hell, let's call a spade a spade and say for no reason at all), I suppose that we ought to take her pronouncement that "non-racist people do not use racist words" with a grain of salt.

But hey, she didn't really make a racial slur. While whipping up that margarita, she just let slip a Mic joke, but that's nothing more than a nun farting at mass, so we'll just wiffle the air and go on about our business.

It's somewhat more difficult to overcome her self-editing. She at first said, "Nobody who was completely unbiased as towards race would use those words to insult someone else." Now look at what she claims to have said.

Most miserable, these humans with their words. Can't even carry pigs in pokes without finding wolves in their knapsacks.

Lune

Actually, I had no idea that Lune was an Irish name or that loony was an Irish word. I thought it was just a bird that acted crazy. You seemed to be going a little overboard there and the word seemed apt. I actually apologize for making the comment at all. I'm just kind of in a bad mood today and was a little annoyed that you had totally blown up my comment and taken it out of context and made it seem like I was endorsing racism instead of suggesting that you not defend the bartender's position.

Katy M,

Well, there you have it. You had no idea that "Lune" is an Irish name, and you were in a bad mood and a little annoyed, and you happened to say something stupid.

SHAME ON YOU, YOU JEZEBEL OF A RACIST!

(See how easy it is for the thoughtless among us to brand the thoughtless among us, and all the while the real snakes are creeping through the warrens?)

Lune

I think the bartender was probably a pompus jerk, not sorry he said it, but rather sorry he got caught...a lawsuit? Well I hope it was on principal only...and the money gets donated to a worth cause.

He can donate it to me, "I'm a worthy cause" and I'm broke. There is only one rule and that's the golden one. The man with the gold makes the rules.

There is standing for a lawsuit, however the damages are negligible. I doubt the settlement was very high, and it is more about vindication.

Without the threat of legal action people wouldn't be fired for this kind of thing, and policies wouldn't be in place to prevent it.

Suing is another way of saying that you must think from your head and not from your orifice, but if you don't it's going to cause you big time.

People like you need to grow up and accept the fact that a work place is not a playground and patrons are not buddies.

I'm sorry - people like me? And you know me and what I'm about how? Do you know my race? Do you know my creed? Do you know my religion? You know nothing about me. If you can't make a valid argument or point against what I'm saying than don't say anything. Name calling just makes you look like an ignorant juvenile. Not everything is a lawsuit - that is my point.

Also, how does he have this guy's cell number? I frequent several places where I know the bartender and other staff well. I know their birthdays even but none of these people have my cell number.

Prince, And people should be held accountable for their actions, not their employers. We don't know (since the story doesn't state it anywhere) that the victim ever complained to a manager or even to the bar tender himself. An "hey, whats this on my receipt" would've have called the bar tender out and showing the receipt to the manager would have place the business is a position to take corrective action (e.g. firing this POS bar tender).

Now if the victim took it to the manager (or higher) and the business didn't do anything, then the business should be held accountable. But if the manager or owner didn't know, how are they suppose to take corrective action? Two people didn't take responsibility for their own actions, the bar tender and the victim. We so damn fond of suing.

People (wrongly) believe that the death penalty is a deterrent and justify state administered murder on that basis. This is a situation in which the law suit actually is a deterrent against other despicable acts of racial insensitivity. If law suits like this one can reduce the racist behavior then it is a good use of court resources.

It was settled out of court.

What's your REAL complaint?

Do you know my race?

No. It makes no difference to me. Surprised?

geografer, when Prince said "people like you" what he was referring to was what the bartender saying "they were just joking". When working with the public, you don't get that familiar with the public. The bartender evidently realized (more than likely when someone told him) that he had just put his job in jeopardy, that's why the bartender went on to say he had a mortgage & a family that depend on him. He should have remembered that before he made his "joke".

Geo... Law suits are intended to penalize by putting people/companies on notice that this sort of behavior will not be tolerated. They were racial slurs directed at a paying customer who did nothing wrong but enjoy eating meals there. It's highly possible they were acquaintances based on the mutual location of where the bartender worked and McHenry often ate, however I wouldn't go as far as calling them friends, or "bud" as the bartender attempted to do in hopes of saving his job after the fact, as it's abundantly clear the bartender truly didn't think very highly of him.

Glad the bartender lost his job and hopefully this establishment, and others, will learn a very valuable lesson---biggotry will not be tolerated by any member of our society, period.

Its clearly racism but how is it discrimination?

I don't think so Allison. I'm pretty sure the only way to construe Prince's message was that Prince mistakenly felt that Geogafer's post was a trivialization of the bartender's actions; rather than an indictment of our thin-skinned, sue first society. As such, Prince lumped Geofager in with the Bartender - thus executing the same type of mistake he then goes on to rant against.

What legal action did in this case was advertise to the public that a certain behavior was tolerated at an establishment. We don't know all the facts of this case because it was settled out of court. But I think its unlikely that this guy called a lawyer before calling a manager of the restaurant to complain about the receipts. The fact that the employee in question was let go a week after the victim filed suit is also telling. Keep in mind that most establishments release employees for this type of behavior upon hearing it and verifying that the receipts were in fact tainted with bigotted or racial slurs. It still took a week for this guy to get the axe.

I don't think the victim ever intended to win a case, rather, he wanted to put nasty behavior on display. IF this was a simple case of idiotic behavior by the bartender alone, I doubt that a restaurant would want to settle. Public apologies are the norm. The fact that they settled is pretty telling.

Tom, I couldn't agree more with everything you said. Normally I frown upon frivolous lawsuits, but in this case I believe it was warranted. The restaurant clearly wasn't doing everything it could to rectify this situation- that is evidenced by the fact that the bartender was still employed there when the lawsuit was filed. According to the article the incident with the receipts happened in December, and the bartender wasn't fired until a week after the lawsuit was filed in March. He should've been fired as soon as the complaint was made and verified. There is no excuse for the restaurant dragging their heels on this.

Midnight

Don't you understand that it is discrimination when someone comes into a bar or restaurant and is made to feel like @!$%# because of the morons who work there?

Word.

You'd get fired for this in a right a work state too. "Right to work" just means you have to right to take a job without being forced to join a union. You know, free choice, control of your own money and all that nice stuff.

Right to work...FOR LESS...and in the trades possibly without knowing what you are doing, because you didn't go through an apprenticeship! No thanks...I'll take a pro, and a union to back me up, than you!

Perhaps we all have some small predjudices...(myself I hate good ole boys) HOWEVER, if you are a professional you put that aside, and deal with individuals. PERIOD...and keep your stereotypes of different groups to yourself and treat all people well until they give you a good reason not to.

Mitchell, I just had to let you know I fully agree with what you wrote, those were my very thoughts. I've lived in the South & enjoyed it for the most part. People were up front with their beliefs & I knew that I wasn't going to be invited home for dinner just as they knew that they weren't coming to my home either.

I'm from California & racism is much more under wraps there. I'd love to have been a fly on the wall when he got home!

I for one am proud of this country.

Me, too.

It really saddens me that the same country that ... united as AMERICANS could ... still resort back to this type of bigotry.

Me too.

Sadly, things seem to have gotten much WORSE over the past ten years. And too many of our so-called 'leaders' are fanning the flames of bigotry and intolerance; against African Americans, against Latinos, against immigrants, against Muslims, against gays, and against anybody else they can think of (even teachers!). It's a SHAME.

I ... proudly watched Barack Obama ascend to the highest office in the land, just 40-something years after Dr. King (another great AMERICAN) gave his life and his vision to the world.

Me too, and although it shouldn't matter, I am not black.

Bigotry works both ways. Black bigotry against whites/others exists but our PC society will not let the supposed victimized not at any cost be the victimizers. This incident is clearly wrong but to assert it doesn't go both ways is absurd. With all the "white boy" "beckies" rhetoric flowing freely in black circles. Not to mention "beat whitey night".

who said that it didn't go both ways?

Well if the situation were reversed I don't think a court would take the case.

I always hear about the "black racism" and the double standard of racism in the black community or reverse racism.

But here is reality. People who hold racist views make up a very small portion of the population regardless of their color. However, whites who hold racist views are more likely to be in positions where they can affect the lives of minorities in this country. Some racist black guy (for example) statistcially is less likely to hold a position of power, be an employer, hold a public office, etc. You also can't forget that institutionalized racism legally allowed whites to benefit from racist legislation as well as harrass and mistreat ALL minorities for over a century. We are only a generation removed from that kind of racism being seen as wrong.

But yes, racism is a problem across the board and my hope is that slowly over time that racism vanishes from our social landscape.

Julie "Two people didn't take responsibility for their own actions, the bar tender and the victim. We so damn fond of suing."

What "actions" are you talking about in regard to the man that was slurred? What the h e l l are you talking about, what "actions." The actions of patronizing this racist establishment, spending his hard EARNED money and then being racially slurred not once but twice on the receipts and while he was at the establishment. What responsibility was he supposed to take?

You sound ignorant to me, just like the bartender.

Midnight Toker - Beat wh**** Night? You have to be kidding. I am 47 years old and I swear I never got the memo that there was a night where we are supposed to get together and attack random white people. I guess I need to start going to the secret black meetings we all hold. You know all us black people know eachother and meet up to discuss how to continue to oppress the white man.

As for these "black circles", do you think the name toker and what it inferes might be causing you to suffer a little paranoia? I have heard of crop circles and they are phoney as well.

Once again, some guy on here defending racism with equivocation and fabrication. If you hear black people in circles calling you or someone you care for a becky or some other name, do not blame society for your lack of action. You hear this stuff and yet you say nothing. Well this guy took a stance against what happended to him as was his right and as is yours as well.

Midnight Toker - Beat wh**** Night? You have to be kidding. I am 47 years old and I swear I never got the memo that there was a night where we are supposed to get together and attack random white people. I guess I need to start going to the secret black meetings we all hold. You know all us black people know eachother and meet up to discuss how to continue to oppress the white man.

As for these "black circles", do you think the name toker and what it inferes might be causing you to suffer a little paranoia? I have heard of crop circles and they are phoney as well.

Once again, some guy on here defending racism with equivocation and fabrication. If you hear black people in circles calling you or someone you care for a becky or some other name, do not blame society for your lack of action. You hear this stuff and yet you say nothing. Well this guy took a stance against what happended to him as was his right and as is yours as well.

Midnight Toker - Beat wh**** Night? You have to be kidding. I am 47 years old and I swear I never got the memo that there was a night where we are supposed to get together and attack random white people. I guess I need to start going to the secret black meetings we all hold. You know all us black people know eachother and meet up to discuss how to continue to oppress the white man.

As for these "black circles", do you think the name toker and what it inferes might be causing you to suffer a little paranoia? I have heard of crop circles and they are phoney as well.

Once again, some guy on here defending racism with equivocation and fabrication. If you hear black people in circles calling you or someone you care for a becky or some other name, do not blame society for your lack of action. You hear this stuff and yet you say nothing. Well this guy took a stance against what happended to him as was his right and as is yours as well.

Midnight Toker - Beat wh**** Night? You have to be kidding. I am 47 years old and I swear I never got the memo that there was a night where we are supposed to get together and attack random white people. I guess I need to start going to the secret black meetings we all hold. You know all us black people know eachother and meet up to discuss how to continue to oppress the white man.

As for these "black circles", do you think the name toker and what it inferes might be causing you to suffer a little paranoia? I have heard of crop circles and they are phoney as well.

Once again, some guy on here defending racism with equivocation and fabrication. If you hear black people in circles calling you or someone you care for a becky or some other name, do not blame society for your lack of action. You hear this stuff and yet you say nothing. Well this guy took a stance against what happended to him as was his right and as is yours as well.

This for all you racist people trying to justify this guys action by saying all blk people call each other the n word...just because you hear a rap star or getto blk people calling each other the n word that doesnt mean every blk person do it...I hear white people calling each other rednecks and crackers. does that mean every white person call themselves that? no. should i as a blk man call these people that because i heard other white people using those words? hell no....this is common sense to me...that guy is an idiot and you people are trying to justify what he did because you're racist yourself

keven that guy ( midnight toker ) is a idiot...he's a tipcal right wing republican....whatch fox news, listen to scumbag limbaugh....Every now and then i hear this crap about blk people getting together to kill white people..LMFAO.....limbaugh and fox news tell these people that crazy none sense

Limbaugh is far from scum. Rush is needed in this country. He is an entertainer and if he had no audience he would not be the gozillionaire he is. I used to listen to him myself because I do not believe good ideas come from hearing how only one side feels on any given issue. Free speech covers even the most disgusting speech and I am all for that. If they stop Rush and Hannity from speaking, theymust silence us all.

As for right wing Republican, I have good friends that are right wingers and good people. We debate on politics, but they work at the same job as me, live in the same neighborhoods as I do and hopefull wipe front to back like everyone else.

I do my best to see the similarities between myself and people of different political ideologies because most of us want the same things..... whats best for our families, and our country. We just have different ideas on how best to achieve this.

GOP thinks we can give it all to the rich and hope some sweat trickles down from their teabag. Dems think you can give a man a fish and he will eat forever, but of course he will only eat for a day and then have nerve to ask for another sammich [sic].

There is no clear line between conservatives and libs anymore because not all republicans are straight, so they can't be far right. Not all have jobs and some are using EBT cards and love unemployment checks. There are athiest among the GOP so that is not far right. I am a lib but a right winged lib. I am for self reliance, less spending, less gov, I am pro choice only because I am a man and do not feel it is my place to say what I woman does with her body. I do not believe in abortion, but until I can have a kid, it is not for me to say. I want lower taxes or more legal ways to hide money from uncle sugar. I beef up my charitable contributions rather than give it to uncle sam, but still want accountability.

Hold it, we are off topic. Bartender and his ilk sucked and got pinched. Pray for the victims to include dumbartenders family.

Midnight - you get it "in writing" like the guy who won his suit - you too can sue.

Don't put stuff in writing, if you have to think it, keep it in your head. Regardless of ethnic background. It's like another case recently in the news, where some food clerk put "Miss Squinty Eyes" for an Asian customer's name, on her food receipt! Duh. Or, as the kids say now, Derp.

Not to mention "beat whitey night".

What in the world is that?

"beckie"?

Limbaugh is far from scum.

Rush Limbaugh is a drug addicted college dropout who has made a fortune by inciting fear and hatred of others. America is worse because of him, but he still has more on the ball than the 'dittoheads' who believe the garbage he spews. Being rich doesn't mean he isn't scum. Wealth is not the only yardstick, nor is it the most important one.

Sean, you hit the nail on the head. This discrimination was DOCUMENTED; period!!!!!!!!!!!!!!!!!!!!!!!!!!!

Sean and Harold, do you really think that if he had gone to court and won a big settlement it would have been the owner who paid? Not likely. Most likely, the owner would pay his 10k deductible, and the insurance company would have picked up the rest. Then, the insurance company would raise rates across the board and so several businesses would raise prices to offset the increase in rates. And guess who that hurts the most? Those with the least amount of money.

There is no deductible for Liability Insurance. Neither Commercial, nor Personal. The restaurant owner will pass that cost on to the consumer, any increase in premium. Insurance companies know there will be losses, a rate increase is not necessarily written in stone if this business was profitable in the past.

Rick

Are you serious? Do you not understand that it is no more tolerable to expect any person to endure insults or "spend your money somewhere else" than it is to be refused service altogether? Do you not understand that Rand Paul and his daddy are both wrong on this issue? Do you really believe that those who find this behavior unacceptable are "do-gooders and busybodies"?

how can a customer sue a private company for rude behavior?

There are both state and federal laws regarding non-discrimination in business practices.

California is the sue capital of America.

Look up a legal theory called agency and think about how you might act on the job.

You answered your own question.

Terror: An employer is responsible for his employees. My employer has regular classes that are required regarding harassment, all types. They also have diversity classes that are required. Any employer can do this inexpensively.

Seems the point of when the bartender was fired keeps getting missed by quite a few people. Apparently he wasn't fired until one week after the suit was filed. That would indicate to me that if the establishement did not foster an atmosphere of racism/discrimination, at the very least they clearly tolerated it. So, although the business owner did not discrimate himself he allowed the employee that did to continue to work there and finally "did the right thing" and fired him AFTER the lawsuit was filed to save face( and more likely, to save money).

Typically it is the employer that gets sued. The employer than can then turn around and sue the employee.

When I owned a pub, my liability insurance covered all my employee's actions as well. I think legally, its all one bowl of soup.

whats funny to me is how people get off subject.." its not right for a group of ppl to call each other something that another group of people can't :(" give me a break.. fact : a man walks into a bar, pays for his food and services and gets discriminated against ..and then the employee takes it a step further and writes some racist crap on his bill.. those are the facts, all that other stuff thats being talked about is opinion... if a white person walked into a bar, was told "white is the new black" and then when he checks his statement finds " Mc honky (s word for excrement)" he would have been just as upset and would have done the same thing this guy did and would have got a settlement just like this guy.. any one thats excusing that behavior is a racist themselves.

First of all. he wasn't discriminated against. He wasn't asked to leave or sit somewhere at the back of the restaurant. He was mocked and belittled for his race. He wasn't discriminated against if he was served, etc. Lets get it right.

"Corona Del Mar is an affluent area. If that man you like to call a "@!$%#" is a patron, he is head and shoulders above you on the success ladder."

Which is exactly why the waiter didn't like seeing a black as a patron there. A black who made it and much more successful than me (a waiter)?

Prince,

Employers used to give IQ tests. Then it was deemed discriminatory and many employers started demanding college degrees instead. The result is too many people are in college running up major debt to get jobs they really don't need degrees for.

Since they can't give IQ tests, perhaps they should switch to receipts with numbers instead of names. Just don't call anyone a zero.

Ron I typed the actual N-Word and newsvine changed it to symbols.

Your newsvine settings Can control what you see if you let them. Check the filter.

I've got a good black friend and I call him the N word and he doesn't mind and even laughs too. He knows I don't mean it.

Rob, I don't are. I am black and I don't use the word. My family does not use the word. Just because some people use it don't mean everyone uses it and it shouldn't be used. How stupid is the bartender? Another thing, he let a lot slide (the stupid stuff) but I guess he got annoyed by the continuance of being bugged by the stupid bartender.

It's just a word. It's power comes from its intentions.

No, I wouldn't address them as such, but if that's what they call each other, I'd believe them.

Hi,

This issue of blacks referring to other blacks by that word, has always and will always be a 50/50 situation. There are many of the opinon that it's okay, and there are many of the opinion that it's not.

Unfortunately this very divide has confused people of other races, into thinking that ALL black people are okay with this, which is NOT the case. Besides myself and my close friends who are all "black" I know many others that despise the use of this word from ANYONE.

I personally don't get why ANYONE would want to use such a denigrating word.

Well then maybe the rude employees didn't mean it either.

Wow, generalize much? Not every black person uses that word, thats a total stereotype. Most of the black people I know don't use that word either, its offensive.

Ridiculous statement. Corporations cannot and should not have to police everyone that works for them. I am sick and tired of political correctness. If it walks like a duck why should I call it an avian?

Excuse me that's "Avian American" I am going to bring you to court now because you hurt my feelings.

sic'em Avian!!

JPRhedd,

If it walks like a duck, you really shouldn't call it "an Avian", as that word's an adjective. Of course, people all the time force adjectives into nounal roles, but they do so only because they lack linguistic finesse. If it walks like an adjective, why should I call it a noun? That practice is quite as faulty as introducing a relative clause with "that" instead of "who" when it refers to people. Thus, "corporations cannot and should not have to police everyone *who* works for them."

But even with the grammatical correction, your assertion remains laughably inaccurate. Corporations can and most assuredly should police everyone who works for them. When they don't, they end up with their asses in a sling, quite often in court.

But mostly I'm still trying to make sense of your Dead Duck Waddling statement. Given the present discussion, you imply that If it walks like a @!$%# why should I call it a man? Whatever can you possibly mean by that? How exactly does a @!$%# walk, and how might that differ from a man? The extension of your thought has similar reductio problems. If it walks like a wetback, why should I call it a man? If it walks like a chink, why should I call it a man? If it walks like a duck, why should I call it a swan?

For heaven's sake, didn't your mama ever read you "The Ugly Duckling"?

Lune

While this act was wrong in every way, I cannot agree that he deserves "millions and millions" because of it. Runaway lawsuits are one of the things that are ruining this country. Who do you think pays for that? The insurance companies, who turn the cost over to (guess who)... that's right, you and me!

The Insurance companies will raise rates anyway....thats tipical Right Wing talking Points....why? Because they are a bunch of crooks

Yearight-2805952,

Insurance companies make money because people and businesses pay them to take calculated risks. Actuarial tables help them a bit when it comes to human life, but sometimes the calculated risks are entirely incalculable. Did you know, for instance, that Wheel of Fortune is insured against the risk that a contestant might actually get the last answer right and be holding the million-dollar card, or some such unlikely occurrence?

The likelihood that a business will employ an employee who will act stupidly is quite a bit higher than the likelihood that your Aunt Ester will figure out ___'S _E_— __— E__S _E_— while holding the million-dollar card. Runaway lawsuits aren't the problem. Racists are, among quite a few other problems. So are well-intentioned stupid taxpayers who think that they're paying for insurance company settlements.

They're paying for the insurance companies, you well-intentioned dolt.

Lune

Thanks, Lune. You make my point. Corporations cannot police everyone. Mind police are still a thing of the future. You were correct about the usage of avian but I am writing for the masses and not stuck up linguists who have nothing better to do than correct people's English.

You seem to have an affinity for calling people names. Good thing you can hide on the internet or your derriere would certainly be in court regardless of your race. You have no clue what race I am by the way so beware or you will be accused of blatant racism and add in bigotry(religious) and sexism just for good measure.

Go troll somewhere else.

JPRhedd,

Where to begin? I have an affinity for calling men men. Corporations (even the smallest mom-and-pop) must police the people who work for them. Even the masses have some understanding that an adjective does one thing and a noun does another. I don't correct people's use of English; I merely make fun of some who use it incorrectly, when the mood suits me. I don't call people names; I simply return to them the names that they've called themselves. I have no clue what race you are, and I couldn't care less.

And let me bare my chest to accusations of blatant racism and bigotry and sexism: Damn, that @!$%# jew chick is one fine woman! Well, wait, I'm more fond of men, so let me get some homophobia into the picture: Damn, that skimo spic wick is one fine man!

Have I covered all the bases?

Lune

"you well intentioned dolt" seems to fall under the category of name calling. I rest my case.

Actually Freedom, he was insulted and discriminated against. The right to equal treatment under the federal discrimination statute is a part of the statute. Guess the bartender should have treated him like every other guest and just used his name on the ticket. Unless of course the Restaurant Owners can prove that they treat every one of their customers in a derogatory fashion. Then it would in fact be equal treatment for all. (just kidding about the last part of this!!)

If the customer says her name is "Ching", what should I put on the receipt?

My idea on this BULL@!$%# is who cares, if it was a black bartender and he called a white guy a cracker it never would have went anywhere. I'm so tired of all this racist BS, under the constitution I can say what I want, and this poor black guy was sooooooooooooo hurt that he had to sue the place. He was hurt all the way to the bank, what a loser and the judge that even accepted the case should be kicked off the bench. The black guy actually personifies the word NI$$#R by his actions. I really don't care one way or another except the fact that the POS made money from being called a word that he is called everyday from all his homies and family.

Lynnial,

You say, "If it was a black bartender and he called a white guy a cracker it never would have went anywhere." Your statement answers your own supposition. Anyone other than white trash would have said, "If it *were* a black bartender and he called a white guy a "cracker", it never would have *gone* anywhere."

Of course white-trash cases never go anywhere. They can't figure out the civil courts, as Mr. McHenry clearly did. The only courts they manage to navigate are the ones with trailers.

Lune

Lune,

If only we all were as intelligent as you seem to think you are, your statement proves your own supposition. Your arrogance in words is astounding. Get over yourself!

Justice

(See I can sign my post just like you can. Even though everyone knows who is making the post because their name is in a larger, bold print at the top.)

Dear Justice17,

I learned at two that you begin a note with a salutation and you end a note with a closing. In most cases the salutation will be the name of the one addressed (sometimes with a term of endearment, such as "dear") and the closing will most often be the name of the writer, again sometimes with an endearment, such as "kisses". What the @!$%#? Do parents now wait until first grade to teach that protocol?

If only you all were as intelligent as I am, I wouldn't have to imagine that you might be as intelligent as I think I am. Alas, I'm brighter than practically all of you, in thought and deed. It's a cross that I've learned to bear. If you think that my arrogance in words is astounding, you should see me naked.

Kisses,

Lune

bottom line...you can't use the word if you're not black and talking to a black person... they can call their own te N word but others can't. And if you do, pay the price of losing your job and the company you're working paying maybe thousands of dollar because they did not train their staff to be race sensitive....End of story

Now I remember my experience...being called ching/chong/making karate chops by a black person while I was in a training... and by the way, I'm a filipino....