Indianapolis Recorder, Indianapolis, Marion County, 19 July 2002 — Page 33

FRIDAY, JULY 19,2002

THE INDIANAPOLIS RECORDER

PAGE 03

BLACKONOMICS What price would you pay for a profit?

Jury awards damages to women discriminated against by waiter

By JAMES CLDSGMAN One of the most sobering questions ever posed is: “For what shall it profit a man, if he shall gain the whole world and lose his own soul?” Many who hear or see this question, found in the Bible in Mark 8:36, merely accept it as a rhetorical question. On the contrary, it is not rhetorical; rather it is a question that those of us who believe in life after death should answer on a very personal level. Each of us should ask ourselves this question when it comes to our business practices and our individual dealings in the collective struggle for Black economic empowerment. What price are you willing to pay to make a profit? In business we hear people complain about being ripped-off, overcharged and cheated. We hear complaints about poor business practices and folks not doing what they say they will do for their customers. In social circles we hear the term “sell-out,” which indicates that some of us have decided that we are willing to pay the price of another brother or sister, or our people in general, to make a profit (payoff). I have seen and been sickened by both profitmaking scenarios, and you probably have as well. Why are some of us willing to do just about anything to make a profit? Why are we eager, in some cases, to sell our people and ourselves for those proverbial 30 pieces of silver? Far be it from me to pretend I have the answers to those questions, but allow me to elaborate further. Profit seems to motivate people to do awful things to one another. Just look at the savings

and loan scandals, the junk bond calamity, and more recently, the Enron debacle. Ill-gotten gains are never worth what we have to do to acquire them, yet we remain willing to risk losing our most precious possessions for a mere profit. That profit could be in monetary form, it could be status, it could be power or it could be influence, but whatever it is, it pales in comparison to what we stand to lose in return. Sooner or later we will have to pay for the illicit profits we make. The same principle applies in business. Both on the consumer side and the entrepreneur side there are games being played, scams being perpetrated, dishonesty, cheating and rip-offs. We hear about those kinds of things among our people, especially those who say they will never “do business with another Black person” again. How can we be so concerned about making a “profit,” either as a consumer or a business owner that we forget about what is really important — what is important for the long term? We must treat one another with respect and never do things that will create animosity and distrust among Black businesses and consumers. We should be about the business of moving . closer together rather than farther apart. Now, what about the profit made by our brothers and sisters who “sell-out” their people? Why are there still those of us who continue to seek acclaim, fortune and status by stabbing others in the back? Is their profit worth * what they pay to gain it? Furthermore, is it worth their integrity? In some cases it must

be, because many of us see it and hear about it everyday. Personally, I don’t know how folks who do those things sleep at night, but that’s for them to deal with and not for me to judge. I will ask, however, that if you are doing things in opposition to the collective advancement of your people, please stop. It’s not just about you; it’s about us. So think again when you are tempted to rip someone off via your business or as a consumer of a business. Black businesses must grow, they must expand, and they cannot do that if their owners are dishonest, lazy or complacent.*They cannot grow if we as consumers mistreat them by always asking them for “a hook-up,” trying to get them to lower prices, and on and on. Our businesses cannot thrive if those of us who are employees do not care enough to treat each customer with respect, promptness and consideration. Finally, we cannot grow as a people if we continue to allow a few sell-outs to dominate the scene and control our economic destiny. Capitalism is great! We should all play. But, please don’t sell your soul, or your brothers and sisters, for a profit. Think about it. James E. Clingman, an adjunct professor at the University of Cincinnati's AfricanAmerican studies department, is former editor of the Cincinnati Herald Newspaper and founder of the Greater Cincinnati Afri-can-American Chamber of Commerce. He hosts the radio program, "Blackonomics," and is the author of the book, “Economic Empowerment or Economic Enslavement-We have a Choice."

BALTIMORE (AP) — A federal court jury has ruled that a waiter’s decision to add a 13 percent tip to a check amounted to discrimination against two women he was serving. A jury of one Black and seven white members in U.S. District Court in Baltimore ordered-the Cactus Grill to pay $30,000 in punitive damages and $7,500 in compensatory damages to Jennifer Spearman, 36, of Silver Spring, and Monica L. Woodard, 35, of Greenbelt. The trial included evidence that the waiter, David Guzman, had not added a tip to the bill of any other patron in the Aspen Hill restaurant that day in 1999. It also included testimony from Guzman acknowledging that he may have told other waiters that he didn’t believe Black customers were good tippers, lawyers for the two women said. During its deliberations, the jury sent U.S. District

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Judge Walter E. Black Jr. a note asking if it could order the restaurant to pay punitive damages to a third party who could provide anti-discrimina-tion training to employees at the Cactus Grill and at other Montgomery County restaurants. Black told the jurors they could not do that. However, attorneys for Spearman and Woodard said they would ask Black to order such a training program as part of a related civil rights claim still pending. “I really hope that restaurants in this region recognize that if this is happening in their establishment, they could be held accountable in court,” said Elizabeth S. Westfall, one of the Washington lawyers who represented Woodard and Spearman. “Restaurants need to take some preventive measures.” , Thomas Cambetis, one of the restaurant’s owners, said neither he nor partner Theodore Margas would comment. During the trial, both testified that the restaurant did not discriminate against anyone.

Ken Armstrong, the attorney who defended the restaurant, declined to comment on the verdict but said the owners will probably not contest the $37,500 award. The lawsuit stemmed from a lunch on Dec. 18, 1999, when the two women and Spearman’s two young children met at the restaurant. The bill came to $65.98. On his own, Guzman added a 15 percent tip. When Woodard and Spearman questioned the fee, Guzman told them he had the discretion to add a tip, according to the lawsuit. Though the women were offended, they paid the entire bill, tip included, using Spearman’s debit card, lawyers said. Nationwide, other restaurants have been accused of imposing tips selectively. In 1999, outrage over such a case prompted Miami-Dade County commissioners to pass a law prohibiting restaurants from discriminating against any class of people in their tipping policies.

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