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  • Osaka court rejects black American's discrimination suit

    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.

  • #2
    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.

    Comment


    • #3
      Originally posted by 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.
      You are an embarassment to humanity

      Comment


      • #4
        Originally posted by geishaboy
        You are an embarassment to humanity
        Yeah! ROCK ON YOU GAYS!!!

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

        Comment


        • #5
          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.

          Comment


          • #6
            Originally posted by tamagoyaki
            Yeah! ROCK ON YOU GAYS!!!

            By the way, HG HARD GAY is so funny. saysaysaysaysay
            Yes, Yes he is
            Attached Files

            Comment


            • #7
              Originally posted by agnosto

              "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.

              Comment


              • #8
                I'm black

                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 !

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    Originally posted by geishaboy
                    You are an embarassment to humanity

                    I guess you must be gay.

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

                    Comment


                    • #11
                      Originally posted by CLOWNPUNCHER
                      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.

                      Comment


                      • #12
                        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).

                        Comment


                        • #13
                          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.




                          Originally posted by 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).

                          Comment


                          • #14
                            Originally posted by 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 !

                            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.

                            Comment


                            • #15
                              Originally posted by 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.
                              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."

                              Comment

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