Saturday, June 15, 2019

College Pays Bakery $33 Million


Jury awards Gibson’s Bakery $33 million in punitive damages. By Thomas Lifson. 6/14/19, American Thinker.

It appears that the ordinary folk who live in proximity to hyper-progressive campuses are fed-up with being the objects of false accusations of racism (and all the other imaginary offenses ending in ...isms and ...phobia), and want to incentivize change in academia. The same jury that awarded a local bakery $11.3 million in compensatory damages from Oberlin College added another $33 million in punitive damages, intended to send a message to the defendant and to similar institutions that such behavior is strongly discouraged.

As William A. Jacobson of Legal Insurrection points out, Ohio law caps punitive damages at 200% of compensatory damages, so the jury actually exceeded that cap.…in addition to the $11.2 million compensatory damages awarded last Friday, the jury awarded a total of $33 million in punitive damages, which will probably be reduced by the court to $22 million because of the state law cap at twice compensatory (it’s not an absolute cap, but probably will apply here). That brings the total damages to $33 million. We will have the breakdown soon. The jury also awarded attorney’s fees, to be determined by the judge.

I’d say that the jury was indeed sending a message to Oberlin and its students that they are fed-up with pampered, arrogant, politically correct social justice warriors and the college officials who coddle and support them. In the case of Gibson’s Bakery, the 5 generation family business was punished with demonstrations, pamphlets, and boycotts for allegedly being racist in apprehending a black student who had shoplifted some wine, and then two other black Oberlin students joined in to beat and kick the family member who caught the thief.

Paul Mirengoff of Powerline points out that Oberlin appears to have engaged in a bit of double-talk: As I understand it, Oberlin argued at trial that it isn’t liable because its students, not the college, were to blame for harming Gibson’s. Then, at the damages phase, Oberlin argued that the college shouldn’t be slammed with a big damages assessment because that outcome would harm its students.

Buoyed by an ocean of federal loans and grant money to students, higher education has drifted off into its own twisted universe with a sense of right and wrong at odds with the experiences and beliefs of most non-academics. The Lorain County jury in Ohio has pulled Oberlin back toward reality, though it is all but certain Oberlin will appeal and exercise all the option s available to postpone or overturn the judgment against it.

The danger for the academy extends far beyond the potential for future lawsuits against colleges and universities for coddling and encouraging outrageous behavior by student radicals. The broader society contains many people who are utterly fed up with its childish self-centered arrogance. With the cohort of college age potential students shrinking, academia is going to want a lot more money from private and governmental sources to help it survive. Having alienated many potential bases of support, they will find that help, when they need it, may not be as available as they hope.


Jury Forces Oberlin to Pay $11 Million to Bakery It Falsely Accused of Racism, by Patriotic Freedom Fighter, 6/12/19.

Claims of racism or hate against restaurants, retailers, and even schools are becoming more commonplace. Once accused, a business can have a very hard time recovering, even if they did nothing wrong or were targeted deliberately.

One business in Ohio experienced this first hand when its owners were falsely and publicly accused of racial discrimination by a near-by college in 2017.

Gibson’s Bakery sued Oberlin College after the school, students, and officials launched a campaign of libel and harassment against the business, which resulted in a dramatic loss of income and the near closure of the once popular bakery.

The harassment began after a 2016 incident in which a black Oberlin student shoplifted bakery items and attempted to buy alcohol, despite being under 21.

The bakery owner confronted the shoplifter and was beaten by the student and two others. Owner Allyn Gibson was on the ground being punched and kicked when police arrived.

His assailants were black. Gibson is white. When the three students were arrested for assault and theft, the college launched a campaign of terror against the bakery in protest.

From blacklisting the bakery to threatening patrons and attacking the business for being racist (even though the assailants were arrested by police, not the bakery), a two-year campaign against the brand was launched. Students, groups and even college administration participated.

The Gibson family, owners of Gibson’s Bakery, finally had to file a lawsuit to protect their business and financial future. Several family members worked for over a year without pay to keep the business going. Students spent days standing outside, handing out flyers and telling potential customers that the business was racist.

“People were too scared to come in. It’s hard to believe it could get that way in a small town,” Gibson said.

Three years after the initial theft and assault, the case finally headed to court. After the bakery filed suit, the case headed to the courtroom and an Ohio jury found for the plaintiffs.

The award of $11 million included compensation for libel, for the deliberate harm caused and for the injuries sustained in the original confrontation.

The school was included in the complaint because the protests and libel campaigns were supported and coordinated by faculty and staff, including Meredith Raimondo, the dean of students and college Vice President, who led the campaign against the bakery. Both the school and Raimondo were named in the lawsuit; the funds awarded were from the school, because of their inaction and their employee’s sustained smear campaign against Gibson’s.

Neither the college or Raimondo has responded to reporter inquiries about the incident after the verdict came in.


Comments

Racism is prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior.

There is ample evidence that no race is superior to any other race. All human beings are subject to the normal curve distributions of talents and abilities.

I believe our education system has become toxic and worthless. Am I guilty of educism?

Norb Leahy, Dunwoody GA Tea Party Leader


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