The New York Times reports on a court case in which a local bakery sued Oberlin College. The jury awarded the bakery a judgment of $33 million dollars, $11 million in compensatory and $22 million in punitive damages. Here’s the NYT’s take:
The dispute began on Nov. 9, 2016, when an Oberlin student tried to pay for a bottle of wine with a fake ID, and the store clerk noticed that the student had hidden two more bottles of wine under his coat, according to court papers.
The clerk, Allyn D. Gibson, a son and a grandson of the owners, chased the student out onto the street and tackled him, according to some witnesses, and two friends of the student, also students at Oberlin, joined in the scuffle. The bakery prosecuted the students, who are African-American and who pleaded guilty to various charges.
The next day, hundreds of students and others gathered in the park across the street from the general store to protest the arrests. The Gibsons accused the college; its dean of students, Meredith Raimondo; and others of actively supporting the protesters. Oberlin officials bought them pizza, authorized the use of student funds to pay for gloves for the cold weather and helped them to hand out fliers urging a boycott of the store, according to court papers.
For just over two months, the college suspended its purchase of baked goods from Gibson’s for the college dining halls. The college said that it suspended buying from Gibson’s in an effort to de-escalate the protests. The store said that the suspension had sent a message to the community that the college believed the store was racist, and that people had stopped shopping there, or went in through a back door, because they did not want to be associated with it.
Though the college resumed buying from Gibson’s it refused to issue an apology, and Gibson’s said its business continued to suffer.
The bakery’s complaint said Dr. Raimondo, had helped hand out fliers saying: “Don’t Buy. This is a racist establishment with a long account of racial profiling and discrimination.â€
But the college and the police had no record of prior complaints about racial profiling, the complaint said. Rather, local merchants suffered from students shoplifting, according to court papers, and a college publication had written about how shoplifting was a rite of passage.
The incident and the article bring up a number of interesting issues. The NYT article omits a number of factors that I think are important.
Oberlin, Ohio is a small town of about 8,000 people. Oberlin College is an elite institution and one widely known for social activism and progressivism. The median income of Oberlin students’ families is $178,000. Most of the students’ families are in the top quintile of income earners. The median income of the people of Oberlin, Ohio is $51,117. This divergence provides the basis for a classic “town vs. gown” dispute.
Lorain County in which Oberlin is located is one of the many counties that has never recovered from the Great Recession during which housing values plummeted, indeed, it has suffered substantially from the loss of manufacturing jobs over the last several decades. The punitive damages awarded by the jury in the case were the largest allowed under Ohio law. I don’t think it’s too much of a reach to conclude that the people of Oberlin and Lorain County don’t have a lot of sympathy for how the college handled the situation. The college’s complaint that the judgment would harm students reminds me of the old story about the guy convicted of murdering his parents whose lawyer called for the mercy of the court because he was an orphan.
The incident in question occurred the day after Donald Trump was elected president.
The facts of the incident are not in question. The students who shoplifted pled guilty and were convicted of that and a number of other charges. There was no racial profiling involved. The college refused the Gibsons’ request to send out a letter to the students denying that racial profiling had taken place.
Is it really possible for the Dean of Students to take part in a student demonstration without the college’s having de facto endorsed the cause for which the students are demonstrating? That’s the claim that the college has made.
The bakery has lost a half million in revenue, more than half of its typical annual revenue, as a consequence of the incident and the students’ and college’s actions. The college offered $35,000 in settlement of the Gibsons’ suit against it. In the past I’ve mentioned the idea in negotiation theory of an “insult price”, an offer so ludicrous it aggravates the other party rather than encouraging an agreement. That would seem to fill the bill.
I do not know whether the decision was just or unjust or whether it will stand on the appeal which is inevitably coming. I think that the entire matter provides evidence that the concerns about “social justice warriors” out of control and abetted by colleges and universities has actual weight.