SOUTH PORTLAND, Maine — Cumberland County Superior Court Justice Nancy Mills awarded a $123,000 judgment to a woman who was discriminated against while trying to shop at a Maine Mall jewelry store.
Portland resident Ryishisa Morris, who is African-American and Native American, sued Piercing Pagoda, a division of Zales Jewelers. She claimed an employee refused to serve her based on her race, and that the employee cursed at her and used other derogatory terms. The incident occurred March 17, 2010.
Before suing, Morris presented her case to the Maine Human Rights Commission, which found in her favor. Morris was represented by Kelly Hoffman, a lawyer with Portland-based Norman, Hanson and DeTroy.
Morris initially won the court case last May 17, and Mills upheld the decision on appeal Nov. 27.
Mills awarded Morris $100,000 and added more than $23,000 for interest, fees and court costs. The award is the maximum allowed by state law in this type of discrimination case, according to Hoffman.
“the Maine Human Rights Commission, which found in her favor.” I bet they rarely find a case non-discriminatory.
I do not know I wasnt thier. Should I sue a bar that would not let me in cause I did not meet the dress code? My flannel shirt had a collar.
What does that have to do with anything?
Bobby is like that, just humor him.
It’s hard to humor racists.
I am not a racist . Just they way I see it is I have been discriminated many times by how I look or dress. I never sued .
I agree; they are part of the problem in this State
My point is I met the dress code but was still refused service .
I tried to get in to a bar that required neckties once. All I had in my car were jumper cables which I tied in a neat bow around my neck. They refused to let me in fearing I would try to start something !
OOOOH, that was bad!!! LOL.
Bobby, that’s cuz most of the folks who drink there got the collars tore off last time they got tossed out — like a members only club. Try tearing off yer own collar next time…
Don’t minimize this horrific case of blatant racism.
Do you have evidence of that? Or you just running your mouth off?
You try be a person of color in this State.
It’s awful that in 2012 there’s still such rampant hatred toward people who aren’t ‘from around here’. To all people of color: many Mainers desire change and are so glad you live here!
She had a 2008 employment discrimination suit: http://law.justia.com/cases/federal/district-courts/maine/medce/2:2008cv00068/35960/23/
Good work detective, now carry on…..
Is “skeejun” a derogatory term, or is it contextual?
New one on me, but it sounds like a Cajun who likes to ski. — and I’ve definitely never met one.
She’s an ambulance chaser.
So because the plaintiff had sued someone else before, the plaintiff is automatically “suspect,” even though she won?
friends of mine tried to sue a doctor after a major surgical procedure resulted in him having 7 subsequent surgeries. They got nowhere because in research by the doctor’s attornies it was found that she had once sued for a car accident in which her back was permanentlyinjured through no fault of her own. This of course had nothing to do w/her husband’s case but they were deemed to be ambulance chasers. So, not everyone really is trying to rip someone off.
Any pictures of that? That’d be a hoot!!!
Figures that how she appears (to *your* discerning eye, of course) is more important to you than the fact that she won at several levels: the very essence of discrimination.
Did you reply to the wrong post, Nancy? All that ambulance chasing stuff wasn’t my comment — I just thought be pretty funny to see her chasing an ambulance. Okay, now? BTW, that term is meant for sleazy lawyers who lurk around looking for quick cases, not the plaintiff — as in they’d chase one down he street to get the injured person to sign-up for a law suit.
OR ThIS is a Racist STATE
The Piercing Pagoda…hmmm I wonder what part of this woman’s body she wanted pierced? There are places I wouldn’t pierce on someone no matter what!!
poor me…. give me service now or i will sue you…. i will sue you if you look at me wrong………… get a life
So sue me.
And you attended the trial, right? Didn’t think so…
Did YOU, btw?
Don’t know what your trying to do; but calling racial comments to people is racist and terrorizing. I don’t know about you but who want s to be terrorized for their skin color!
wow seems like a big amount to be awarded
When it comes to civil cases, the only real way to punish illegal behavior and deter further transgressions is by ordering the defendant to pay money. But considering the defendant’s resources, $100,000 isn’t a whole lot. The plaintiff herself will get about $67,000.
These cases take a lot of a lawyer’s time. Someone needs to research the statutory law, case law, investigate the parties involved on the defendant’s side, subpoena witnesses and documents, pay a process server (one who delivers subpoenas to witnesses) conduct depositions, pay for toll telephone calls, pay for copying documents, reimburse mileage for witnesses, pay witnesses for their time, pay for court filing fees, pay for postage, pay for a court reporter for the depositions, etc. It all adds up.
We just won’t mention that the lawyer is in for at least 1/3, right? Most of these cases are on a contingency basis — no hourly fees and all that — and the office gets a flat chunk of the settlement. Pretty good be the attys office came up with the amount to sue for so all those expenses and a fat profit were covered.
unless you lose.
The rates are charged based upon winning some and losing some (hopefully fewer.) The winning cases have to subsidize the losing cases.
So much for the freedom of association.
Thats why the company, not the employee was sued. An individual can refuse to associate with anyone they please, for any reason. It was up to piercing pagoda to make sure that their employees serve all comers. The law says PP must not discriminate, so PP must make sure they hire the kind of people who dont discriminate. Im sure the employee was fired, and rightly so, but thats why the company is sued, not the individual.
Why does a person have a right to another person’s or company’s services?
Pretty basic. By opening a business to the public, the owners agree to sell to the public, all of it — not just this group or that. An employee of that companies is expected to act accordingly and serve the public Yeah, it’s the law.
what if that business had a homeless person barred from their property? does the business which sells gas,
have to sell them gas, if the barred person needed gas??
Completely diffrent situation there. The woman here was not only refused service but verbally attacked.
You can bar someone from your business or refuse service for causing a disturbance, stealing, bouncing checks etc., you can’t bar someone because of their race, religion or sexual orientation. Pretty simple.
That was exactly my point. An individual cannot be forced to serve anyone, but in refusing without a valid reason, they are open to disciplinary action by the employer. A business is not a person, the business has no right to discriminate, therefore, its in the best interest of the business to hire people who dont discriminate.
The law cannot force me to pierce a black woman’s ear, but my employer can fire me for refusing to do so.
Another stellar example of Maine Justice. Reverse discrimination in the courts. How would a white guy fare with a similar lawsuit? Sorry for her, never should have happened, but $123,000? Maine is a joke, and becoming a national joke. Keep it up. We appreciate it.
Well, well looks like it iis time for a great trip to the Bangor Mall Piercing Pagoda.
“How would a white guy fare with a similar lawsuit?”
It depends. What’s his evidence? I think critics of awards like this should actually attend a civil trial to see how much preparation goes into them and to hear what witnesses say, see what the evidence is, and hear the plaintiff and defendant testify. It’s foolish to form such an opinion without ever actually attending the trial and seeing all that goes on behind the scenes.
In a lot of these cases, plaintiffs would rather have an apology and maybe a small amount of money to make up for the psychological damage discrimination can cause. But when a defendant refuses, or offers a settlement below what the plaintiff went through, that’s when the stakes go up considerably for defendants.
Oh, and perhaps you missed the part about $23,000 of that going toward interest and legal fees. The plaintiff doesn’t get that (SOME interest, although). The court gets some, process servers get some, witnesses get some. See my other post. After taxes, the plaintiff probably won’t even get half of the $100,000, because her attorney will get about $33,000. And he won’t get a lot of that after taxes, either.
Oh, look out, 2nd year law student in the house… Remain silent everybody! LOL
At least he trying to educate foolish people like yourself; I am afraid in this case its lost.
“foolish people like yourself” he sez. Unlike you, who have some sour retort or barely germane reply to every comment, eh? Mus be tough being you, buddy rough. LOL
We should all go to the oriental buffet places and apply for jobs, wanna bet we wouldn’t get one? It wouldn’t matter is we were white, African American or anything but Asian. BOTH sides should be treated equal not just one side.
Their are White people working in Newport Chinese restaurant, so your point is mute.
UMMM, not really…that was not a buffet when I was last there. Get out of Newport and go to the Tin Tin, The Asian buffet etc
This state is mostly white?!?!
Dats maine justice yaw! Let up naw jessup!
Id much rather have had the judge sentence the owners of the store to have to eat the spciest bowl of jumboliya in maine yup. Cuz dats maine justice right there naw. Aint dat right jessup?
BDN online comments seem to be a sounding board for anonymous racists, more and more often. Disgusting.
Some of these comments are unbelievable! But that’s to be expected when you’re allowed to comment anonymously.
Simply pure ignorance on the part of many of these posters, that and the fact that bigotry is still quite alive for a fair number of people.
I like to believe that some of these folks are just trolling. I do it too sometimes!
(but not the racist part, I should add.)
I’m guessing you all didn’. See the maine justice skit on snl. http://tvline.com/2012/12/09/jamie-foxx-saturday-night-live-recap-host-snl-video/
Theres the link
I watched the skit. There is certainly a corollary between Katrina refugees who pretend to, and the liberals who have, taken over Maine. Baiting employers and merchants for discrimination lawsuits should not be rewarded. Oh, I must be in ignerent raysist because I’m posting anonymously.
You said it
Im not getting a Facebook!