N.y. slur root out racism clerk series#
N.y. slur root out racism clerk free#

Circuit Judge Diana Gribbon Motz, a Bill Clinton appointee, wrote in a 14-page opinion issued Tuesday.īut Motz noted the government failed to prove or offer evidence “that Bartow’s use of this highly offensive slur tended to cause immediate acts of violence by anyone.” “The ugly racial epithet used by Bartow undoubtedly constituted extremely 'abusive language'” U.S. Circuit Judge Stephanie Thacker - a Barack Obama appointee - said 'the presence of the n-word is what makes this case complicated.” But in the end, the panel found that while ugly and racist, the epithet did not rise to the level of 'fighting words' under the statute. Bartow appealed the conviction to the Fourth Circuit.ĭuring oral arguments this past December, U.S. That led to Bartow's removal from the store by security personnel, who arrested him.Īfter Bartow pleaded not guilty to violating the Virginia speech statute, a magistrate judge concluded he had directed the slur toward the Black man in civilian clothing and fined Bartow $500.

“If I called her a nigger, would she still say good morning?” Bartow responded, according to Johnson-Felder's testimony. The interaction continued to devolve when a Black man in civilian clothing stepped in to explain that Johnson-Felder's use of 'sir' is was to be expected when purchasing merchandise on a military installation. His finger several times at Johnson-Felder, who was a number of steps away from him. Not a female, if I had a vagina, would you still call me sir?” According to the opinion, Bartow gestured and pointed Johnson-Felder then asked Bartow, 'Can I help you, sir,' to which he replied: 'I’m not a sir - I’m not a male, I’m Circuit Judge Diana Gribbon Motz, a Bill Clinton appointee. “If I had indigestion, diarrhea, or a headache, would you still address me as good morning?” Bartow said in a raised voice to Johnson-Felder, who froze in shock, according to the opinion written by U.S. The exchange started off badly, with Johnson-Felder wishing Bartow a good morning.

N.y. slur root out racism clerk series#

Jules Bartow guilty under Virginia’s abusive language statute in a case stemming from a series of rhetorical questions - that included a racial slur - Bartow posed to a store clerk in 2018.Ĭathy Johnson-Felder, a Black sales associate at the Marine Corps Exchange store in Quantico, Virginia, testified that she was involved in a heated exchange with Bartow while he tried on boots.

N.y. slur root out racism clerk free#

(CN) - A retired Air Force officer’s use of a racial slur toward a Black store clerk did not fall within the “fighting words” exception to free speech protection, the Fourth Circuit ruled Tuesday.Ī U.S.