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Tue, Feb 11, 2003

Eenie, Meenie, Minie,... You're Sued!

Even Childrens' Rhymes Can Cause Trouble for Airlines

Some things are so blatantly stupid that they just have to have come from the court records. Such is one case, now headed for trial in Federal Court in Kansas City.

It was February, 2001, and 22-year-old flight attendant, Jennifer Cundiff, needed people in her airplane to sit down. She announced over the loudspeaker, "Eenie, meenie, minie, moe; pick a seat, we gotta go." While that may not have been a "by the book" way of getting passengers' attention, it wouldn't sound like some kind of racial slur to most people.

Only, "most people" weren't riding that flight. Two women of color, Kansas sisters Louise Sawyer, 46, of Merriam, and Grace Fuller, 48, of Lenexa, who were standing in the aislie at the time of the announcement, immediately took offense, at what they construed as racist remarks. You see, they were reminded of the "original" version, even though it wasn't said; and even though Ms Cundiff says she never heard it in her lifetime, and certainly meant no offense to anyone.

The sisters disagree with Cundiff on another point, saying they were the only two still standing, when the FA made the request.

Nevertheless, Southwest Airlines is going to face a lawsuit, lodged by the two. U.S. District Judge Kathryn H. Vratil said last week that the case could go ahead, on the grounds that the airline discriminated against the two women. However, Vratil dismissed the pair's plan to sue for intentional and emotional distress. Nevertheless, they're still going for unspecified compensatory and punitive damages...

"Southwest denies anyone intended to discriminate against any passengers, let alone these two ladies," said the airline's lawyer. Cundiff wrote, "The statement I made on Flight 524 was not racist or discriminating, and I am offended that, because I have white skin, suddenly I am a racist. Maybe those that run around pointing fingers yelling 'racist' should stop and turn that finger around."

The two plaintiffs were late getting to the gate after a trip to Las Vegas, and were placed on priority standby. Getting on the flight after most seats were taken (it was a full flight), the sisters were still standing in the aisle when Cundiff made the announcement, so the flight could proceed.

For the record, the rhyme, as it is said nowadays, follows the first line with, "Catch a tiger by the toe." That's the only way Cundiff had ever heard it, she said.

Ms Fuller told reporters, "I was infuriated by the comment... It was like I was too dumb to find a seat." She has epilepsy, and now says she also has "unexplained memory gaps" concerning the flight, according to a Kansas City Star report. She also claims to have had a 'grand mal seizure' that night, after returning home; but, because she does not have health insurance, she sought no treatment; and there are no medical records of that episode.

It looks like somebody caught a real tiger this time...

FMI: www.southwest.com

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