Osaka court rejects black American's discrimination suit

[agnosto]

Osaka court rejects black American's discrimination suit
7:41pm Monday, January 30

OSAKA -- The Osaka District Court on Monday rejected a suit by a U.S. national who demanded compensation from the owner of an eyeglasses shop who allegedly told him he disliked black people and refused him entry to the store.

Steve McGowan, 41, a designer, demanded that the store owner pay 1.5 million yen in compensation for remarks he said were discriminatory. The court, however, ruled that the business owner did not use any such offensive words.

The case stems from an incident in Osaka Prefecture in September 2004. McGowan was talking with his friend while looking at a poster in front of the shop when the owner came out and asked the two to leave, according to the ruling.

The next day, McGowan and his Japanese wife appeared at the shop, and she asked the owner what had happed the day before.

The owner explained that he had asked the two to leave after he was contacted by a customer who claimed to have had trouble entering the store because there were people in front of it.

The business owner added that he had a bad impression of black people during a stay in Germany.

McGowan, who lives in Kyoto Prefecture, maintained in the suit that the owner said he hated black people and refused him entry to the shop.

The court, however, rejected the allegation.

"The plaintiff should have said that he was made to leave the shop against his will," the judge said. "I have doubts about the plaintiff's level of comprehension of the Japanese language. I cannot trust his accusation over the use of discriminatory remarks."

The judge concluded that the plaintiff had merely assumed the owner made offensive remarks when he mentioned his experience in Germany.

McGowan called the ruling disappointing and said it saddened him.

His lawyer, Masao Niwa, called the ruling "unfair."

"The ruling said there were no discriminatory remarks. But it didn't explain why the defendant asked him to leave," Niwa said.

[CLOWNPUNCHER]

Good call by the judge I say.

After all it comes down to The shop owners word verses the law suit happy (black ) American.

As the owner of a small English school I'd never employ someone who was openly gay as I think that Queers have no right to be anywhere near kids.

Discrimination ? Maybe but so what.

[geishaboy]

Good call by the judge I say.

After all it comes down to The shop owners word verses the law suit happy (black ) American.

As the owner of a small English school I'd never employ someone who was openly gay as I think that Queers have no right to be anywhere near kids.

Discrimination ? Maybe but so what.

You are an embarassment to humanity

[tamagoyaki]

You are an embarassment to humanity

Yeah! ROCK ON YOU GAYS!!!

By the way, HG HARD GAY is so funny. saysaysaysaysay

[sankokujin]

Looking at the story in detail it does seem a storm in a tea cup. Perhaps if the black guy hadn't been American I would have been more inclined to believe his claims, but knowing how quick the seppos are to file frivolous lawsuits to make a quick buck I was immediately prejudiced against him.

Should've been thrown out of court ages ago. Japan (or anyplace else) does not need to adopt America's litigation culture.

[geishaboy]

Yeah! ROCK ON YOU GAYS!!!

By the way, HG HARD GAY is so funny. saysaysaysaysay

Yes, Yes he is

[arrivant]

"The plaintiff should have said that he was made to leave the shop against his will," the judge said. "I have doubts about the plaintiff's level of comprehension of the Japanese language. I cannot trust his accusation over the use of discriminatory remarks."

The judge concluded that the plaintiff had merely assumed the owner made offensive remarks when he mentioned his experience in Germany.

The Judge didn't believe the allegation, yet he seemed to believe that defendant said something about 'his experience in Germany.' One would have to ask why did the defendant give an account of this experience--since it seems extraneous to the immediate matter of explaining his actions on the previous day with respect to people blocking the entrance to his store. It is talented store owner indeed who can extemporaneously create Zuihitsu-like non sequiturs.

The judge's comment about the plaintiff's 'level of comprehension of the Japanese language' is skirting close to outright racism--since it is a generalization not based on actual proof of the plaintiff's language ability, but a belief rooted in a personal scepticism--which in a court of law amounts to prejudicial predisposition.

That's as much as I can venture without knowing more details.

[mcalpine]

Yeah, I sided with the courts on this one too. We don't need any Mr. Luther King's or any other king's from Africa or America coming here to Japan to assert themselves. A bit of discrimination is good sometimes but not all the time. And frivolous lawsuits disgust me. Then he gets his whore wife to do his bidding. Disgust me !

[User Name Deleted]

It's something I thought may happen, that the judge would use the plaintiff's 'Japanese language ability' as a get out of jail card for the defendant.

Having said that, it's difficult to comment when you don't have many facts.

[CLOWNPUNCHER]

You are an embarassment to humanity


I guess you must be gay.

I feel sorry for ya pal. gays are all sick weirdos.

[thickmick]

I guess you must be gay.

I feel sorry for ya pal. gays are all sick weirdos.[

well I think with a name like geishaboy it is not a stretch that he might be batting for the other side.

[agnosto]

A note on the lawsuit.

The lawsuit has nothing to do with the person being American, whatever your preconceived notions. If you were half as informed on the matter as you are in your own prejudiced mind about those of different nationalities, you would know why it was necessary for this man to file a suit.

As you may or not be aware, the UN has been at Japan for a number of years to enact some sort of legislation that will ensure racial equality. They signed a treaty after all.... To this date, none has been enacted. When asked by the UN why they are dragging their feet, the Japanese government has responded that their legal system (Japan's) is quite capable of ensuring such freedoms. So you see, regardless of a person's inclination for litigation, there is no other recourse for an agrieved party to seek validation of his right to be treated as a human in this country.

You can sue, or you can just "grin and bear it"; obviously some of you are from the "grin and bear it" school of thought while others wish to make of this land a home (myself not included).

[paulh]

Debito has more info on his website but there is actually no legal statute on the books making it an offence to discriminate against some one. It is not illegal to refuse entry to your store as there is no law in Japan saying that you cant. Often the matter is left up to the individual judge as to whether compensation should be paid.

I cant remember the exact legal wording but it said to the effect that the government should not be required by law to pass a law forbidding discrimination as it was outside their jurisdiction. They then passed the buck to the local government and the courts. The UN sent a special investigator here last year to investigate discrimination against burakumin, Ainu, koreans and foriegners and was rather scathing in its report of what they foud. the government meanwhile sits on its hands and does nothing.





A note on the lawsuit.

The lawsuit has nothing to do with the person being American, whatever your preconceived notions. If you were half as informed on the matter as you are in your own prejudiced mind about those of different nationalities, you would know why it was necessary for this man to file a suit.

As you may or not be aware, the UN has been at Japan for a number of years to enact some sort of legislation that will ensure racial equality. They signed a treaty after all.... To this date, none has been enacted. When asked by the UN why they are dragging their feet, the Japanese government has responded that their legal system (Japan's) is quite capable of ensuring such freedoms. So you see, regardless of a person's inclination for litigation, there is no other recourse for an agrieved party to seek validation of his right to be treated as a human in this country.

You can sue, or you can just "grin and bear it"; obviously some of you are from the "grin and bear it" school of thought while others wish to make of this land a home (myself not included).

[paulh]

Yeah, I sided with the courts on this one too. We don't need any Mr. Luther King's or any other king's from Africa or America coming here to Japan to assert themselves. A bit of discrimination is good sometimes but not all the time. And frivolous lawsuits disgust me. Then he gets his whore wife to do his bidding. Disgust me !


Would your uncle be Supreme Court Justice Clarence Thomas? Struck down affirmative action for blacks in the US even though he was direct beneficiary of affirmative action?

great minds think alike.

[aha yes]

Looking at the story in detail it does seem a storm in a tea cup. Perhaps if the black guy hadn't been American I would have been more inclined to believe his claims, but knowing how quick the seppos are to file frivolous lawsuits to make a quick buck I was immediately prejudiced against him.
I know what you mean, Mick. Perhaps if you weren't such an over-opinionated little America basher I could finish reading your posts. But you personally are as full of ____ as any seppo I've known so I'm immediately prejudiced against you... Narrowminded prick.

On another note, I'd like to know how they determined if the guy could understand the remarks. To do it right, I guess you'd have to test him with about four remarks that, if they were not all disparaging, would have to be phonologically similar. "Now, Mr. --, listen carefully and raise your hand when you hear your race slammed."

[mcalpine]

Aha yes,

...... Did you steal my gig ? you know, the one you PM'd me about last week ?

Paulh, yes, affirmative action was struck down by Clarence Thomas for a good reason too. He like other Black Americans didn't want to be looked at as having a free meal pass. and there are other reasons that I can go into as well.

[cutyourhair]

The Judge didn't believe the allegation, yet he seemed to believe that defendant said something about 'his experience in Germany.' One would have to ask why did the defendant give an account of this experience--since it seems extraneous to the immediate matter of explaining his actions on the previous day with respect to people blocking the entrance to his store. It is talented store owner indeed who can extemporaneously create Zuihitsu-like non sequiturs.

Supicious... Agreed.


The judge's comment about the plaintiff's 'level of comprehension of the Japanese language' is skirting close to outright racism--since it is a generalization not based on actual proof of the plaintiff's language ability, but a belief rooted in a personal scepticism--which in a court of law amounts to prejudicial predisposition.

Absoloutely. Much to be said about a court that can throw around a bias like that (like how on Earth could you call it a court?)

[aha yes]

Aha yes,

...... Did you steal my gig ? you know, the one you PM'd me about last week ?
Well, it's a little off topic, Tojo, but no, I didn't steal your gig. When I go frog hunting I use a .22. Say, you wanna go gigging some evening when summer rolls around? Grab a little boat, a flashlight and the .22, set out in a pond somewhere and listen in the dark for the bullfrogs' telltale croaks. Row up close to the bank, flash the light on him and POW! – a bullet to his amphibious head. Snip, batter and fry him up, and voila – frog legs. Tasty...

I've given away too much about my roots, haven't I? :o

[electric_japan]

Big birds across the sky throwing shadows on our lives.

[agnosto]

Debito has more info on his website but there is actually no legal statute on the books making it an offence to discriminate against some one. It is not illegal to refuse entry to your store as there is no law in Japan saying that you cant. Often the matter is left up to the individual judge as to whether compensation should be paid.
.


Yes, he seems to be the only show in town as far as pushing for equal rights, however, I do not agree with his methods. He seems to have a predisposition for picking on "snack" bars and the occasional onsen. He would serve the community better if he were to address some of the real ills in society. Oh well, at least he's not Gregory Clark.

[Morning Star]

It's baseless, isn't it? Just a matter of heresay and it's the American's word vs the shop owner's. Now if the black man stood his ground and got the shop owner to call police to have him forcibly removed for being too black, then he might have a case. Or if he walked in to the store and the owner threw his ___ out on the street along with a verbal tirade in full view of witnesses who are trying their damndest to ignore the situation, that might be grounds.

He obviously hasn't been here very long and doesn't speak enough Japanese if he thinks he could take this kind of thing to court.

[mcalpine]

Well, it's a little off topic, Tojo, but no, I didn't steal your gig. When I go frog hunting I use a .22. Say, you wanna go gigging some evening when summer rolls around? Grab a little boat, a flashlight and the .22, set out in a pond somewhere and listen in the dark for the bullfrogs' telltale croaks. Row up close to the bank, flash the light on him and POW! – a bullet to his amphibious head. Snip, batter and fry him up, and voila – frog legs. Tasty...

I've given away too much about my roots, haven't I? :o

Maybe if you stop playing dodge ball with me then we could go out for another BBQ pork sandwichY. I have no interest in frog legs, dig me ? last friday I was in Hakone, you should've came. I got ____ faced drunk while on the cable car shaking Mr. wiggly to all the passerby grannies in the other cable car while my granny was serving me up. What a sight to behold

[aha yes]

last friday I was in Hakone, you should've came.
What, did you invite me telepathically? Cuz I don't remember hearing or reading about it until just now. You flaky granny-boffer.

[geishaboy]

[

well I think with a name like geishaboy it is not a stretch that he might be batting for the other side.

I'm not homosexual

For the record

I just don't like gay bashers

Justified

[aha yes]

Justified
C'mon man, you're going to throw out the name of an album by a former N'Sync hottie and then say you're not gay. It's OK, nobody will give you a hard time about it...except maybe Clownpuncher, Thickmick, Stabone, Akahebi... On second thought, you might want to keep it in the closet. ;)

[Steve Jobs]

C'mon man, you're going to throw out the name of an album by a former N'Sync hottie and then say you're not gay. It's OK, nobody will give you a hard time about it...except maybe Clownpuncher, Thickmick, Stabone, Akahebi... On second thought, you might want to keep it in the closet. ;)


LOL............

[6koala8]

...as the resident ___ poster I must say something to Clownpuncher.....


No. Why bother. My gay wit will be lost on the poor soul. Must be harsh being so 1958 AND straight.


Anyone voted yet in my "Brokeback Mountain" poll? I have just stepped back and waiting for the usual bombastic stuff to come flying my way.

He he he and I just can't wait to see Heath Ledger and Jake Gyllenhaal go at it. Eye candy for me.

And if I have offended any of you...go chew my sequins.

[sincity]

Anyone voted yet in my "Brokeback Mountain" poll? I have just stepped back and waiting for the usual bombastic stuff to come flying my way.

He he he and I just can't wait to see Heath Ledger and Jake Gyllenhaal go at it. Eye candy for me.

And if I have offended any of you...go chew my sequins.

I'm quite sure you haven't offended anyone. I'll tell you something else too - you are quite bland for a man of the keisterhood. The gays I knew in high school were explosively funny quipsters. By comparison, you disappoint. Oh well, I suppose everyone has different talents. Maybe you have a formidable sweater collection or are a good listener.

But again I must give you a (non-sexual) spanking for not even bothering to comment on the actual issue here. At the very least you could have used the discrimination in this incident as a launchpad to discuss the "struggles" of the gay community. But sharing the stage with a (heterosexual) black guy isn't that appealing, is it?

You seem to be completely indifferent to everything not gay (or at least your contributions to this forum lead me to that conclusion). Are you involved with someone now? If it were me, I'd expect my partner to be more well-rounded or he'd pay for it in the bedroom.

[geishaboy]

C'mon man, you're going to throw out the name of an album by a former N'Sync hottie and then say you're not gay. It's OK, nobody will give you a hard time about it...except maybe Clownpuncher, Thickmick, Stabone, Akahebi... On second thought, you might want to keep it in the closet. ;)

Ewwwwwww

UNjustified

[CLOWNPUNCHER]

I'm not homosexual

For the record

I just don't like gay bashers

Justified

Good for you when I was 18 or so me and my mates liked to beat the CRAP out of them.

These days I just oppose their poltical agenda.

Gays have no right to be around kids.

If I found out that a guy who worked for me was Gay . I'd fire him and I'd also tell him the reason why.

In Japan I'd get away with it too.

[CLOWNPUNCHER]

...as the resident ___ poster I must say something to Clownpuncher.....


No. Why bother. My gay wit will be lost on the poor soul. Must be harsh being so 1958 AND straight.




1958 Sorry ___GOT I was born in 1964. I hope you're not teaching kids in a public school in Japan. If you were and I knew who you were I'd have no option but to inform the BOE and the PTA that they had a sexual FREAK working in a public school.

I've done that before and I'd do it again.

Sure I'm a so called sic ( Homophobic ) and damn proud of it too.

___s have no right to be anywhere near kids.

[geishaboy]

1958 Sorry ___GOT I was born in 1964. I hope you're not teaching kids in a public school in Japan. If you were and I knew who you were I'd have no option but to inform the BOE and the PTA that they had a sexual FREAK working in a public school.

I've done that before and I'd do it again.

Sure I'm a so called sic ( Homophobic ) and damn proud of it too.

___s have no right to be anywhere near kids.

I remember reading that the most outwardly homophobic people are normally the ones who are closet queers

Just what I read

[CLOWNPUNCHER]

I remember reading that the most outwardly homophobic people are normally the ones who are closet queers

Just what I read


You'd be wrong.

I have a serious case of J girl fever.

[Morning Star]

Gays have no right to be around kids.

Agreed, Clownpuncher, gays need to be running the schools, not teaching in them.

geishaboy, get a kock and break some pussy with it so you can post about sexual matters with credibility.

Sins, you're in rare form lately.


He he he and I just can't wait to see Heath Ledger and Jake Gyllenhaal go at it. Eye candy for me.
wtf are you talking about? I'm reading 'the Line of Beauty' right now, and frankly... it sets the standard for gays much higher than I witness on this forum, and I'm left dissapointed.

[geishaboy]

geishaboy, get a kock and break some pussy with it so you can post about sexual matters with credibility.


Don't be hatin' the 20 year old loser virgin

I'm experienced, I take all sexual matters into my own hands

[cutyourhair]

Yeah, I always wondered about those guys who cannot stop saying the word "gay" every 30 seconds in some hateful way. Then they introduce you to their mate who their always with and your skin just kind of crawls...

[6koala8]

wtf are you talking about? I'm reading 'the Line of Beauty' right now, and frankly... it sets the standard for gays much higher than I witness on this forum, and I'm left dissapointed.

Sorry Morning Star,
Must raise my standard eh?

Let me get see.....a wittiicism of the Gore Vidal type to make you happy.....hmmmmm.
(Long pause)
An Oscar Wilde quip.....
(Shorter pause)
A Richard Simmons giggle....
(Obvious shudder)
A George Michael look.....
(A shake of the head and eye roll)
Hmmm...having troubles here....

Oh dear. Best hand in my Gay ID card. I just don't cut it.

[6koala8]

1958 Sorry ___GOT I was born in 1964. I hope you're not teaching kids in a public school in Japan. If you were and I knew who you were I'd have no option but to inform the BOE and the PTA that they had a sexual FREAK working in a public school.

I've done that before and I'd do it again.

Sure I'm a so called sic ( Homophobic ) and damn proud of it too.

___s have no right to be anywhere near kids.

Deepest Sigh and a throwing up of the hands (gorgeously manicured and encrusted with rings, no doubt) in frustration.

Mate, the 1950's are that way.
(Index finger goes up).

[thickmick]

I'm not homosexual

For the record

I just don't like gay bashers

Justified

So with Geishaboy for a name are you saying you are crazy about geishas and shagging them silly ?

For the record I have nothing against gay men and I intend to keep it that way .

[geishaboy]

So with Geishaboy for a name are you saying you are crazy about geishas and shagging them silly ?


Something to that effect

[thickmick]

Something to that effect

Good on yer cobber ,you must be of a sicko though as most of the geishas I have seen (on T.V.) have been beaten with the ugly stick .

[geishaboy]

Good on yer cobber ,you must be of a sicko though as most of the geishas I have seen (on T.V.) have been beaten with the ugly stick .

Beauty is in the eye of the beholder

[sankokujin]

I know what you mean, Mick. Perhaps if you weren't such an over-opinionated little America basher I could finish reading your posts. But you personally are as full of ____ as any seppo I've known so I'm immediately prejudiced against you... Narrowminded prick.


Ok, I take it all back. You seppos are the most hard-working and harmonious people on God's little earth. The fact that you have so many ambulance-chasers per head of the population must be one of those inexplicable social phenomena that keep the pundits, journalists, and academics in jobs.

Now I wonder if I can sue McDonalds Japan for raising my cholestrol level....?

[englishforlife]

Sorry McDonalds Japan stopped their "raise your cholestrol" special last year.

[thickmick]

Beauty is in the eye of the beholder
an extwa 10 points if you can me who said that without internetting

[sincity]

Ok, I take it all back. You seppos are the most hard-working and harmonious people on God's little earth. The fact that you have so many ambulance-chasers per head of the population must be one of those inexplicable social phenomena that keep the pundits, journalists, and academics in jobs.

Now I wonder if I can sue McDonalds Japan for raising my cholestrol level....?

Sankokujin,

I admire your candor. You have been brutally honest in describing yourself on this forum (the obese, unloved, embittered half-breed without career prospects) and give no quarter to the "seppos" either. That's fair play in my books.

I am grateful for the opportunity you afford me to examine unadulterated filth.

By the way, I'm Canadian if you want to slag snowmobile chasers or sue the maple syrup companies.

[geishaboy]

an extwa 10 points if you can me who said that without internetting

My mother said it to me a few times

She was hinting at something, I'm still not sure what though

[thickmick]

My mother said it to me a few times

She was hinting at something, I'm still not sure what though
Lets put it this way , is your mom good looking ?

[geishaboy]

Lets put it this way , is your mom good looking ?

That is the single wierdest thing I have ever been asked on an internet message board

My friend said my was good looking a couple of times, wich was strange, I don't talk to him much anymore

[agnosto]

Ok, I take it all back. You seppos are the most hard-working and harmonious people on God's little earth. The fact that you have so many ambulance-chasers per head of the population must be one of those inexplicable social phenomena that keep the pundits, journalists, and academics in jobs.

Now I wonder if I can sue McDonalds Japan for raising my cholestrol level....?

It's nice that you can at least comprehend simple statistics. Shall I detail all the negative points of Australia and mention them in all my posts?

Let's see, where shall I begin...

Congratulations!
Australia has the highest number of car thefts per capita!
( http://www.nationmaster.com/graph-T/cri_car_the_percap )

Australia is 3rd in the world for rapes per capita! Now that's something to be proud of.
( http://www.nationmaster.com/graph-T/cri_rap_percap )

Also 2nd in the world for property crimes, 3rd in the world for robberies and your crowning achievement...

You get the grand prize for having the most number of crime victims in the world! Wow, I'm sure you're so proud.
( http://www.nationmaster.com/graph-T/cri_tot_cri_vic )

For having a small population, you people sure are able to get a great deal accomplished.

To sum up, we can all infer then that Australians (I'm sorry, I am unaware of an unflattering term for Australians...possibly "Joey humpers"?) are:
Car stealing, raping, vandalizers.

Generalizations are so fun, aren't they?

[sincity]

Generalizations are so fun, aren't they?

Slow down there, pal. I've already shat on him and it's still fresh. Moreover, I'm fairly certain he's not from OZ.

[agnosto]

Slow down there, pal. I've already shat on him and it's still fresh. Moreover, I'm fairly certain he's not from OZ.

I was under the impression that "seppo" was a term commonly said by Australians. If I am in error, I will appologize.


The point here being that no country on earth is innocent. All places are equally hellish in their own way.

[Steve Jobs]

My mother said it to me a few times

She was hinting at something, I'm still not sure what though

I take it you grew up in a single parent home? Not that there's anything wrong with calling yourself whoreboy, i mean geisha boy :p

[thickmick]

That is the single wierdest thing I have ever been asked on an internet message board

My friend said my was good looking a couple of times, wich was strange, I don't talk to him much anymore

you should viist more message boards ,the idea is that if she is not , guess what, she was just trying to be kind .

[aha yes]

Ok, I take it all back. You seppos are the most hard-working and harmonious people on God's little earth. The fact that you have so many ambulance-chasers per head of the population must be one of those inexplicable social phenomena that keep the pundits, journalists, and academics in jobs.

Now I wonder if I can sue McDonalds Japan for raising my cholestrol level....?
So, disregarding any particular facts in Mr. McGowan's case, you'd have thrown it out for the sole reason that he's American. Automatic exclusion -- not because of his race, mind you, but because of his nationality. That's a very unique way of thinking for a self-proclaimed "liberal"... Have I got this right? Racial discrimination is passe. Any hip ideologue discriminates by nationality, especially against the Great Satan America, and spares none of its men, women or children a casual pejorative and an earful of pundit ____. Yeah, fight the power!

[Grumpy Pants]

Hey sancroakujin,
thanks for the props in embryo6's crap thread...
Embryo mate, how did it feel when the Black Ships rolled into Edo Bay in 1853 and you lot realized how backward you were?

And how was that sunny day in 1945 when that tall WHITE _______ with the corn-cob pipe and the sunglasses dictated terms to you and your fellow master race asswipes who had, inexplicably, had their arses kicked (and then some) by said WHITE BASTARDS and were now reduced to bowing down to their new masters from the Occident?

Of course, I think a lot of your women have actually benefitted from the impact of these foreign interlopers:......I see you're finally giving us the respect we deserve. BTW, what's wrong with ambulance chasers? They're just trying to make a buck like anyone else. Hey, I've even been sued twice by some fake-asses claiming some bogus car accident injuries. Nothing personal. You just gotta know how to take 'em down in a court of law. No big deal.

[francc]

no surprise here...third world mentality japan showing its way back in missisipi 100 years ago...he had a bad impresion in germany so....it must be OK for chinese/koreans to hate japanese with thier impressions of japanese sex tour low lifes!!!

[namakemono79]

Paulh- any idea where i could get a hold of some more information about the UN investigation / report from last year that you mentioned earlier in the thread?

[Lubes17319]

I take all sexual matters into my own hands

Left or Right hand?