Kids, Minority Issues, Pregnancy / Paternity, Racism

White Woman Learns What It’s Like To Be A Black Mother, Sues

By Elie Mystal

This story starts as a sperm bank horror story. A lesbian couple wanted to have a baby, and decided artificial insemination was the way to go. They pored over donor profiles, discussed with family and friends, and finally picked one specimen of biological material that was right for their family.
But the sperm bank sent over the wrong specimen, and didn’t figure out the mistake until the woman, Jennifer Cramblett, was well into her pregnancy. Terrible, right? The sperm bank apologized and gave her a refund, which probably doesn’t even scratch their legal liability. But the woman carried the baby to term and gave birth to a beautiful baby girl.
Now, two years later, Cramblett wants to sue. The sperm donor mixup really should be enough to support her claims for wrongful birth and breach of warranty. But Cramblett has added a surprising twist to her protestations of harm. It turns out that the incorrect donor was black. Cramblett now claims emotional distress because her family and town are too racially intolerant for her to raise a mixed-race daughter in their midst…

The Chicago Tribune reports on Cramblett’s “fears” and “anxieties” about raising her daughter:

Cramblett was raised around people with stereotypical attitudes about nonwhites, the lawsuit states, and did not know African-Americans until she attended college at the University of Akron…
She fears that her “all white and unconsciously insensitive family,” which has never been able to fully embrace Jennifer’s homosexuality, could have a negative effect on her daughter, according to the lawsuit.
“Though compelled to repress her individuality amongst family members, Payton’s differences are irrepressible, and Jennifer does not want Payton to feel stigmatized or unrecognized due simply to the circumstances of her birth,” the lawsuit states. “Jennifer’s stress and anxiety intensify when she envisions Payton entering an all-white school.”

Ha. Haha. Hahahahahahahahahahahaha.. WELCOME TO THE SUCK, JENNIFER CRAMBLETT!!! It’s confusing, ain’t it, trying to figure out how to raise a non-white baby around all these crazy-ass white people. It is… EMOTIONALLY DISTRESSING!
Sorry, sorry, it’s just, you have to try to see it from my perspective. This woman is suing people because she’s being forced to live the life of every black parent in this country. This woman couldn’t last two years in the shoes that millions of African-Americans walk every day before crying uncle. A suit like this illustrates how completely freaking clueless some white people are about what it’s like to be black in America.
Let me highlight just one part of her complaint that is just a small window into how the other 14% live:

24. As just one example, getting a young daughter’s hair cut is not particularly stressful for most mothers, but to Jennifer it is not a routine matter, because Payton has hair typical of an African American girl. To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome.

No, getting a young daughter’s hair cut is INCREDIBLY STRESSFUL for most mothers… most African-American mothers, at least. Go watch Chris Rock’s movie Good Hair to get just a glimpse of the contradictory and frustrating social messaging black women and their daughters have to deal with. When do you relax your young daughter’s hair, if at all? You know if you do it too young, the chemicals can damage the still fusing skull. And that’s living in a world where you are constantly worried that somebody is going to call your daughter “ugly” or “nappy” because her hair doesn’t come out of Norse myth.
And this lady is bitching about having to drive across town and have black people look at her.
Cramblett says that she used to live in a racially diverse town, Akron, but moved to someplace called Uniontown, which is not diverse because it had better schools. Now, her psychologist suggests that she move to a different town. The complaint also states: “Jennifer is well aware of the child psychology research and literature correlating intolerance and racism with reduced academic and psychological well-being of biracial children.”
YES. Sometimes, black parents have to make a whole different set of life choices just to avoid raising their kids in all-white communities. Do you know how long I looked for a racially diverse elementary school that also didn’t suck in an area I could borrow enough money to get into? WOULDN’T IT BE GREAT if racism were unacceptable in certain communities instead of having the mixed-race children be unacceptable!
Cramblett thinks her problem is the racial mismatch between her and her daughter. But her complaints are not really about the issues of raising a baby that doesn’t immediately look like the same race of the parent (a “problem” that every mixed-race couple has to overcome). Her issues are those that every parent of a non-white child has to deal with, regardless of the race of the parent. Diverse communities, good schools, racial antipathy from others, that’s just the world of raising a non-white baby.
Remember, this baby is still hers. It might be a shade darker than she anticipated, but genetically this baby is half hers and half some guy’s that she doesn’t know. She doesn’t have to raise the baby any differently than a “100% white” baby, but for the racism of those around her.
In essence, Cramblett isn’t suing because the sperm bank gave her the wrong sperm. She’s not even suing because she doesn’t like black babies. Cramblett is suing because the sperm bank turned her into a black person. They made her have to think and worry and stress like any other parent of a non-white child. The sperm bank took from her the white privilege that she thought was her birthright. Cramblett knows, just as well as I do, that her baby will be treated differently than a white baby. She just didn’t think she’d ever have to deal with it.
And, of course the sperm bank should pay for that. I hope they pay. Again, I’m inclined to think that simply mixing up donors would be enough to win this lawsuit; but since she brought race into it, I want to know what, precisely, we think it’s worth to go from being a parent of a white kid to being a parent of a non-white kid. How much economic loss are we willing to ring up for that? TELL ME. Then pay her. Then open up the f**king treasury and pay ever black mother the same goddamn price.
There’s a line in Remember the Titans (a great, saccharine, historically inaccurate movie) where the white guy is bitching at Denzel because his daughter was visiting when somebody threw a brick through Denzel’s window. Denzel tells the man that maybe he just got a glimpse into what his black daughters have to go through every day.
That’s how I feel about Jennifer Cramblett. I’m sorry for her distress, but welcome to the club.
Lawsuit: Wrong sperm delivered to lesbian couple [Chicago Tribune]

02 Dec 2013 at 2:39 PM

Advertising, Asians, Lawyer Advertising, Minority Issues, Racism, Videos, YouTube

The Racist Law Firm Ad Update — The Maligned Law Firm Speaks

By Joe Patrice

Over the holiday weekend, there’s been a lot of activity surrounding the racist law firm advertisement we wrote about on Wednesday. First, the firm’s Facebook page declared that the firm was the victim of hacking and that they absolutely did not sanction the ad for their firm posted on YouTube.
Then the head of the production company who posted the ad — and who employs the stereotypical character in multiple ads — wrote a missive swearing that it was hired by the firm and that they provided the script. The production company is also butthurt that Above the Law labeled the ad racist, even though the YouTube post openly trolls viewers to lighten up about its content. I wonder why they’d expect people to be up in arms over their content. Certainly not because they expect people to think it’s racist.
Now the law firm has sent us a direct statement, and this whole tale is super crazy…

When we first saw this story, covered by Angry Asian Man and FindLaw, we had no reason not to take the disclaimer on the Definitive Television YouTube channel at anything but face value. They’d had the video up for almost a month and swore that the firm commissioned them to make the ad. While the character was not the firm’s, the production company said the firm signed off on the script.
Now we have reason to doubt this tale. In response to a query from Above the Law, McCutcheon & Hamner issued this statement:

For the past two weeks, we have worked diligently to determine the source of this video. Within hours of first being notified of the commercials existence, we traced the producer to Definitive Television and its owner Jim DeBerry. We insisted that the video be removed and that he disclose the party that allowed my partner and I to be portrayed in such a negative and misleading light. After a personal review of our financial records which conclusively established that this video was not paid for or authorized by any party associated with our law firm, McCutcheon & Hamner, P.C. posted our response specifically disavowing the video as well as issuing a cease and desist letter to Mr. DeBerry and Definitive Television. Of course, Mr. DeBerry has refused and we are currently investigating our legal options. At this time, we have been instructed by our legal counsel to refrain from comment.
Due to your stereotypical response concerning the State of Alabama, however, I felt compelled to respond. It is obvious that no matter my firms lack of involvement and repeated denials relating to this video, that people are quick to judge based upon their initial observations regardless of whether they know Tom and I personally. You don’t know me. You don’t know my family or my friends. You have never contacted me or spoken with me. You know nothing of my life and yet you stereotype me as promoting racism based upon this video. The State of Alabama has had it’s share of race problems, that cannot be denied. This State has addressed those problems and continues to do so. Quite frankly, if the video had portrayed a “southern redneck” I doubt you or anyone else would have even cared. But racism for people like you is ok, as long it is not directed at you. Quite frankly, maybe you should look in the mirror and not be so quick to judge those you don’t know.
Sincerely,
Joel R. Hamner, Esquire
McCutcheon & Hamner, PC

This is all still being sorted out, but if this is true, I feel sincerely bad for the firm. Getting tagged with this kind of negative imagery through no fault of their own would be horrible. If the firm’s story is true, at least this whole affair brought the offending video to light instead of letting it fester for weeks or months longer. Both through updates to the original post and this follow-up, we’ve been quick to bring to the public the denials of McCutcheon & Hamner and to give a complete view of the unfolding story.
And while I personally feel for the firm if this is true, a couple lines deserve note. First, regarding the statement that “racism for people like you is ok, as long [as] it is not directed at you” — in fairness, I don’t think the “southern redneck” stereotype is actually “racist.” It may be prejudicial, but it doesn’t carry with it the same debilitating consequences as race-based stereotypes. But for the record, no, racism is not OK when not directed at me. (Actually, as a white heterosexual male, discrimination is pretty much never directed at me, but I still think it’s bad.)
Second, it’s good to hear that Alabama is taking steps to address its historical and persistent race relations problems. It’s not too long ago we were reading about voter suppression laws there, so something still needs to be done, no matter what Chief Justice Roberts says.
Hopefully the state will continue to address it as vigilantly as it addresses holes in FG return coverage.

16 Sep 2013 at 12:59 PM

Guns / Firearms, Minority Issues, Police, Racism

Crashing Your Car and Seeking Help While Black Is Apparently A Capital Offense

By Elie Mystal

This weekend, a black man got into a car accident, climbed out of the wreckage through the back window of his vehicle, went looking for help, and was shot to death by the police. I should also mention that the black guy was unarmed.
In a surprise twist, the police officer has been charged with voluntary manslaughter. I’m sure that the people who think it’s okay when black people get shot to death will find a way to defend the officer, and they’ll deny that race played a role in the shooting. But I’d like to think that even the people who don’t think this guy was killed because he was black can at least agree that the police can’t be allowed to gun people down in this fashion.
The police are supposed to protect and serve, not shoot to kill…

Here’s the situation, as reported by Charlotte-Mecklenburg police Chief Rodney Monroe in the Charlotte Observer:

[Jonathan A.] Ferrell was driving a vehicle that crashed into the woods near Reedy Creek Road in northeast Charlotte.
Monroe called the accident severe, adding that Ferrell would have been forced to climb out of the back window to get out. Monroe didn’t know the cause of the crash, and he didn’t say whether Ferrell had injuries from it.
Ferrell apparently walked to the nearest house, about a half-mile from the accident, and was “banging on the door viciously,” Monroe said. The woman who lives there thought the man at her door was her husband coming home late from work.
But when she saw Ferrell instead, she shut the door and called police because she thought he was trying to rob her.
Officers received a call shortly after 2:30 a.m. about an attempted break-in at a residence in the 7500 block of Reedy Creek Road.
The three officers from the Hickory Grove division who responded to the scene came across a man matching the description of the possible suspect, and they surrounded him. The man “immediately charged” at the police, Monroe said.

One officer attempted to Tase Ferrell, but apparently he missed. A second officer, Randall Kerrick, then shot at Ferrell, hitting him multiple times, and killing him.
I’m not going to jump up and down on the woman in the house. I mean, she probably isn’t getting a humanitarian award, but she was put in a tough spot. It’s late at night, her husband isn’t home, a stranger is at her door claiming that he’s been in a car accident and needs help, but she has no way of knowing that for sure. I’d like to think that I could distinguish between intruder and car accident victim, but whatever. The way people are in this country, I’m just happy the lady didn’t pull out a shotgun and blow Ferrell away. It seems to me that she did the right thing by calling 911. Law enforcement is supposed to be able to distinguish friend or foe in this situation.
I’m saving my “this racism is killing me inside” outrage for the cops, of course, but also for Ferrell’s former football coach. Ferrell used to play at Florida A&M, and so Deadspin got a reaction from his former coach, Earl Holmes:

“I was saddened when they told me.” Holmes said. “They told me he was murdered. I said, ‘What? Murder? That doesn’t sound like him. Not the Jonathan I remembered.’ The Jonathan I remembered was a soft-spoken kid, quiet and to himself.”

Come on, man. Only boisterous, loud-mouth black people get murdered? Holmes is black, by the way. And the statement reminds me that the fundamental problem here is that a lot of people — black and white people — think that there is some “way of acting” that will keep you from getting racially profiled to death. I can hear the apologists now: Maybe if he had politely “knocked” on the door, instead of “banging” on it “viciously.” Maybe if he had calmly “walked” towards the officers instead of “immediately charging” them. Maybe if he had just stayed in his vehicle screaming, “Oh Lawd, massa I needs some hep,” then this white cop wouldn’t have had to shoot him to death.
I’m not sure what Randall Kerrick’s defense will be, and I’m not sure how many people will buy it. But regardless of how the legal process plays out, I’m just don’t know what black people are supposed to do to protect themselves from police officers.
CMPD officer charged in fatal shooting [Charlotte Observer]
Unarmed Former Florida A&M Player Shot Dead By Police [Deadspin]

16 Nov 2012 at 3:11 PM

Posted in:Election Law, Lawsuit of the Day, Minority Issues, Racism, Texas

Lawsuit of the Day: Texas Lawyer Argues That Minorities Were Too Stupid To Understand Ballot Initiative They Just Passed

By Elie Mystal

Wait, that’s the wrong answer.

It’s been great fun to watch archconservatives wake up and realize what country they’ve been living in this whole time. Minorities vote too. Single women don’t like being called sluts. Gays and lesbians are everywhere. And people can understand that sometimes, taxes are necessary.
The emerging American consciousness — from both Democrats and Republicans — that if we want government to do things we have to pay for them with taxes, has been particularly fun to watch. In Austin, Texas, there was a ballot initiative which contemplated raising property takes to in order to pay for “a medical school in Austin and other health care projects,” according to the Austin American-Statesman. And it passed!
But that didn’t sit well with some Texans. Don Zimmerman, treasurer of the Travis County Taxpayers Union political action committee, argued that the initiative — called Proposition 1 — was discriminatory under the Voting Rights Act. Zimmerman and his attorney argued that Prop 1 was confusing to minorities who “have lower reading comprehension than whites.”
Maybe so, but I sho’nuff can spy me a racist when I done read one….

If this wasn’t happening in open court, I’d think that some troll made up the arguments offered by Zimmerman and his lawyer. From the Austin American-Statesman:

Stephen Casey, the lawyer for Zimmerman, his PAC and two minority voters, said he is exploring options, including the possibility of appealing to the Fifth U.S. Circuit Court of Appeals. He argued before Yeakel Wednesday afternoon that the ballot language amounted to “cheerleading” and that minority voters, whom he said have lower reading comprehension than whites, were more likely to find the wording confusing.

Aren’t you just dying to see what language was very clear to white voters but way too confusing to minority voters? Me too. Here’s the proposition, as it appeared on the Travis County ballot (click to enlarge):

Now the question isn’t whether or not you or I can understand this passage. We can because we’ve had legal training, are intelligent, and I just told you in the opening what this passage means.
The question, presented by Zimmerman and Casey, is whether or not minorities, by dint of their particular pigmentation, are at a disadvantage when it comes to understanding this measure as compared to whites. Zimmerman and Casey are arguing that minorities living in Austin can’t read as well as whites, simply because they happen to be minorities living in Austin.
Needless to say, the judge in the case, U.S. District Judge Lee Yeakel, denied the plaintiff’s request for a preliminary injunction against the property tax.

“The court holds that plaintiffs have failed to establish a substantial likelihood of prevailing on the merits … (and) have an almost impossible burden to demonstrate that the Voting Rights Act provides them the opportunity to challenge the language of Proposition 1,” Yeakel said in his 11-page decision.

The Voting Rights Act is there so people can’t make laws arbitrarily declaring some people too stupid to vote. Luckily, there’s nothing stopping the courts from summarily dismissing lawsuits filed by the truly ignorant.
Judge rejects effort to prevent medical school proposition from taking effect [Austin American-Statesman]

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