I've often wondered if OJ Simpson would have been arrested, charged with murder, and what the reaction would have been if his murdered ex-wife had been a black woman. In the early 1990s, the former professional football player and Hollywood actor was earning $55,000 per month and had a net worth of nearly $11 million, according to court records.
I was born in 1965, the same year as Ron Goldman, and within my lifetime, interacial marriage was still illegal in some parts of the country until the Loving v. Virginia U.S. Supreme Court decision in 1967. Centuries of systemic racism has been codefied in law, policy, and custom which results in disastrous outcomes for African-American criminal defendants and civil litigants even today. Yesterday's racism didn't disappear, it simply evolved.
Too often in our society, when a black male celebrity is involved with a white woman the results are disastrous. From Jack Johnson to the lastest example Jonothan Majors, famous black men have had their lives tuned upside down because they dared date white women. Rape or attempted rape was the second most common accusation used as pretexts for lynching black people who violated Jim Crow etiquette or engaged in economic competition with white people. Even the bombing and destruction of the Greenwood District in Tulsa, OK and the murder of Emmett Till were based on false allegations by white women.
Even though Ron Goldman's family had had ties to drugs and money laundering, he was never considered the target. Ron Goldman was stabbed and wounded many times according to the autopsy report. Goldman sustained dozens of defensive wound on his body, mostly found on his hands, face, and upper body indicating he fought with his attacker for what could have been 5 – 10 minutes. The killer most certainly would have been covered in blood.
The prosecution of OJ Simpson involved perjured testimony, questionable DNA and circumstancial evidence. Los Angeles police detective, Mark Fuhrmann was a chief witness during the trial. Fuhrmann denied ever using the word "nigger" on the witness stand. Simpson’s defense team produced audiotapes of Fuhrman using the word "nigger" multiple times and Fuhrman later pleaded no contest to committing perjury. Prior to the Simpson case, Mark Furhman took part in taped interviews with a screenwriter in which he used the word "nigger" 41 times. At one point he said, “all these niggers in L.A. City government … should be lined up against a wall and fucking shot.” Read the court transcript for yourself.
The jury did not believe OJ had enough time to commit the murders, base upon the evidence, the jury determined OJ only had 8 minutes to murder Nicole Brown and Ron Goldmann, travel back to his estate, get cleaned up and ready for his trip. Additionally in those 8 minutes, OJ would have needed to clean the bloody Bronco and remove all traces of blood from the drain pipes that investigators checked for any traces of blood.
The only cut or bruise was on OJ's middle finger, which he said he cut in Chicago. Six or seven different witnesses testified they saw OJ at the airport and he didn't have a cut on his finger. Oj was shaking hands,signing autographs, and showing off his hall of fame ring.
OJ Simpson was acquitted of murder because the prosecution failed to prove their case against him. The legal defense team believed evidence was planted by police. Jurors are allowed to used their background, education, life experience, common knowledge and common sense when evaluating evidence. A bloody nose I had one day during the trial became a piviotal moment for me. I rushed to the my bathroom for tissue. After my nose stopped bleeding, I realized blood was several places between the living room and bathroom. I then thought about the tremendous amounts of blood killing two people with a knife would generate. If OJ was the killer, vast amounts of blood should have been found.
When I also consider the fact that the Los Angele Police Department was known to have racist officer and a large number of officers were proven to have planted evidence during the Rampart Scandal just a few years after OJ's acquital. Over 70 officers within the Rampart Division were accused of being corrupt. Rampart officers planted evidence and committed perjury which resulted in 106 prior convictions to be overturned and more than 140 civil lawsuits against the city of Los Angeles, costing the city an estimated $125 million in settlements.
I still believe the OJ Simpson jury reached the right verdict!
by Frankie Bailey, University at Albany, State University of New York
O.J. Simpson shows the jury a pair of gloves, similar to those found near the crime scene, during his trial in Los Angeles in 1995. POO/AFP via Getty Images
With the death of O.J. Simpson, I can’t help but wonder whether the media has learned any lessons from its coverage of his trial, in which the ex-football star was acquitted of murdering his ex-wife and her friend.
In many ways, the “trial of the century” brought out some of the media’s worst impulses.
As criminologist Gregg Barak explained, the O.J. Simpson case was a true “spectacle” – essentially a nine-month live news broadcast. At the same time, because of Simpson’s celebrity, the case was being followed as popular culture.
Of course, crimes have always attracted morbid interest, generating media attention and inspiring true-crime narratives.
But since the late 20th century, this has occurred more often – sometimes even before a trial has ended. The lines between news and entertainment have become increasingly blurred – what criminologist Ray Surette calls “infotainment” – with race, class and the quest for ratings influencing which crimes get covered and how they get portrayed.
Trial by media
Whenever I teach the O.J. Simpson trial in my criminal justice classes, I bring up a late-19th century murder case involving a white, upperclass woman named Lizzie Borden.
Both Simpson and Borden were accused of double murder – and both of their trials became a media circus.
In August 1892, Andrew Borden, a wealthy businessman, and Abby, his second wife, were hacked to death in their home in Fall River, Massachusetts. Accused of killing her father and hated stepmother, their 32-year-old daughter, Lizzie, became the subject of exhaustive media coverage.
A century before O.J. Simpson hired what the media called a legal “dream team,” Borden had a star-studded defense team that included a former governor and the Borden family lawyer. Like the Simpson case, the legal strategies of the prosecutor and the Borden defense team were subjected to much media scrutiny.
Most of the evidence against Borden was circumstantial; in the end, she was acquitted by an all-male jury that may have found it difficult to believe a respectable spinster could commit such a horrific crime.
Yet, Borden was never able to escape the stigma of having been accused of murder. Upon being set free, she found herself ostracized by former friends. For years, newspaper coverage documented Borden’s life after her acquittal. Since her death, the countless books, articles, a made-for-TV movie – even a recent TV series about Borden’s life after the trial – demonstrate the staying power of the high-profile, 19th-century trial.
Like Borden, Simpson was able to use his class and wealth to his advantage. But he also was excoriated during and after his trial.
Celebrity crimes make good TV
Of course, there was no television in Borden’s time.
On Oct. 3, 1995, an estimated 150 million Americans tuned in to hear the jury’s verdict in the O.J. Simpson trial. It marked the culmination of 16 months of wall-to-wall, prime-time television coverage.
On the evening of June 12, 1994, Nicole Brown Simpson and her friend, Ronald Lyle Goldman, were slashed to death outside Nicole Simpson’s upscale condo in Los Angeles, California. After the police pursued O.J. Simpson’s white Bronco in a low-speed car chase that mesmerized TV viewers, O.J. Simpson was arrested and charged with the murders.
For the broadcast networks and their fledgling cable news counterparts, it was a recipe for high drama – and high ratings.
With a captivated nation glued to their TVs, radios and newspapers, media outlets rolled out a slate of trial experts to offer daily commentary. This template would become the norm for future celebrity trials, as a cottage industry of legal pundits would appear on the airwaves to comment on cases ranging from Tom Brady’s “Deflategate” lawsuit to the indictments of former President Donald Trump since he left office in 2021.
Post-trial research has found that audience perceptions of guilt or innocence in the Simpson trial were shaped by the amount – and type – of media consumed. The more someone became sucked into the daily happenings of the trial, the more likely they were to become emotionally invested in O.J.’s life. Developing what’s known as a parasocial bond, they became more likely to believe in his innocence.
How the media colors crime and race
When the jury declared Simpson innocent, reactions largely fell along racial lines. Throngs of white Americans responded with shock, dismay – even anger – while crowds of Black Americans responded with elation.
Polls and surveys later found people’s reactions to the verdict reflected not only their opinion about Simpson’s guilt or innocence, but also their beliefs about race and the fairness of the country’s criminal justice system.
Simpson’s own relationship to race was always complicated.
In a 1970 New York Times article titled “For the Black Athlete, New Advances,” reporter Robert Lipsyte quoted Simpson describing how he had overheard a racial slur while attending a wedding with mostly white guests. Lipsyte wrote that race relations would have to improve dramatically for Simpson “to be able to transcend blackness in his public image.”
By the 1990s, Simpson seemed to have done just that. A middle-aged O.J. had achieved celebrity status, and he appeared to have transcended this blackness by distancing himself from poor and working-class black people, while gaining the acceptance of white people who saw him as a celebrity immune to the trappings of racial stereotypes.
Despite some incidents of domestic violence, Simpson had been able to maintain this genial reputation – until he was accused of the murder of his white ex-wife and her friend.
Simpson’s fall from grace was symbolized by a controversial 1994 Time magazine cover photo, which some claim was altered to make Simpson’s skin appear darker.
By 2014, the gap between how Black people and white people viewed Simpson’s verdict had narrowed: Black people were far more likely to believe that Simpson was guilty.
Since the rise of Jacksonian democracy and the expansion of the vote to all white men in the late 1820s, however, the support of rural white people has been vital to the governing power of almost every major party coalition. Which is why my co-author Paul Waldman and I describe rural white people as America’s “essential minority” in our book “White Rural Rage: The Threat to American Democracy.”
As a political scientist, I’ve written or co-written five books addressing issues of racial politics at some level of government or part of the country. My latest, “White Rural Rage,” seeks to understand the complex intersections of race, place and opinion and the implications they hold for our political system.
The unfortunate fact is that polls suggest many rural white people’s commitment to the American political system is eroding. Even when they are not members of militant organizations, rural white people, as a group, now pose four interconnected threats to the fate of the United States’ pluralist, constitutional democracy.
Although these do not apply to all rural white people, nor exclusively to them in general, when compared with other Americans, rural white people:
Express the most racist, least inclusive, most xenophobic, most anti-LGBTQ+ and most anti-immigrant sentiments.
Subscribe at the highest rates to conspiracy theories about QAnon, the 2020 presidential election, Barack Obama’s citizenship and COVID-19 vaccines.
Support a variety of antidemocratic and unconstitutional positions and exhibit strong attachments to white nationalist and white Christian nationalist movements inimical to secular, constitutional governance.
Are most likely to justify, if not call for, force or violence as acceptable alternatives to deliberative, peaceful democracy.
Let’s examine a few data points.
Xenophobia
In a Pew Research Center poll conducted in 2018, 46% of white rural Americans said it is important to live in a diverse community. That’s a lower proportion than urban and suburban dwellers and even nonwhite rural residents.
And in rural areas, fewer than half the people said white people have advantages Black people do not, approve of the legalization of same-sex marriage, and say immigrants make American society stronger.
In addition, Cornell researchers found that rural whites reported feeling less comfortable with gay and lesbian people than urban whites do. And 49% of rural LGBTQ+ people between the ages of 10 and 24 called their own towns “unaccepting” of LGBTQ+ people – nearly twice the rate of suburban and urban LGBTQ+ young people who said the same about their communities.
Rural residents are also more likely than urban and suburban residents to believe the 2020 election was stolen from Trump, according to 2021 polling by the Public Religion Research Institute.
And people who live in rural areas are also less confident as a whole than those who live in urban areas that votes will be counted accurately and fairly in their state or across the country, according to a 2022 poll from the Bipartisan Policy Center.
In addition, by our analysis, of the 139 U.S. House members who voted to reject the certification of Joe Biden’s presidential election just hours after a violent mob of Trump supporters rampaged through the Capitol, 103 – 74% – represented either “purely rural” or “rural/suburban” districts, as categorized by Bloomberg’s CityLab project.
Antidemocratic beliefs
A scholarly analysis of multiyear data from the American National Election Studies project finds that rural citizens are “much more likely (than urban residents) to favor restrictions on the press” and to say it would be “helpful if the president could unilaterally work” without regard to Congress or the courts.
This is one of several signals that rural residents are disproportionately likely to support white Christian nationalism, an ideology that reaches beyond Christian ideas of faith and morality and into government. Its followers want the United States to base its laws on Christian values rather than maintain the centuries-old separation of church and state the founders saw as fundamental to a secular democracy.
Justification of violence
Rural residents are more likely than urban or suburban residents to say the political situation in the country is heading to a point where violence may be necessary to preserve the nation, according to polls from the Public Religion Research Institute in 2021 and the University of Chicago Institute of Politics in 2022.
Of the estimated 21 million Americans who in late 2021 said Joe Biden’s 2020 presidential win was “illegitimate,” according to the Chicago Project on Security and Threats, 30% lived in rural areas. And 27% of Americans who say Trump should be returned to office even if “by force” are rural residents. Those are minority views, but both proportions are significantly higher than the rural proportion of the overall population.
With the 2024 election fast approaching, the views of rural white people are once again of vital importance because they and the members of Congress who represent them disproportionately believe the 2020 election was stolen from Donald Trump by Joe Biden. A Pew Research Center study found 71% of rural white voters voted for Trump in 2020, so their preference in November will be key to who returns to the White House for a second term.
Republished with permission from The Conversation under a Creative Commons license.
If Florida Gov. Ron DeSantis had his way, the word “woke” would be banished from public use and memory.
As he promised in Iowa in December 2023 during his failed presidential campaign, “We will fight the woke in education, we will fight the woke in the corporations, we will fight the woke in the halls of Congress. We will never, ever surrender to the woke mob.”
DeSantis’ war on “woke ideology” has resulted in the banning of an advanced placement class in African American studies and the elimination of diversity, equity, and inclusion programs in Florida’s universities and colleges.
Given the origins of the use of the word as a code among Black people, DeSantis has a nearly impossible task, despite his tireless efforts.
For Black people, the modern-day meaning of the word has little to do with school curriculum or political jargon and goes back to the days of Jim Crow and legal, often violent, racial segregation. Back then, the word was used as a warning to be aware of racial injustices in general and Southern white folks in particular.
In my view as a behavioral scientist who studies race, being woke was part of the unwritten vocabulary that Black people established to talk with each other in a way that outsiders could not understand.
Demonstrators march on Jan. 1, 1934, in Washington against the unjust trials of nine Black men falsely accused of raping two white women. Bettmann/Getty Images
The early days of wokeness
It’s unclear when exactly “woke” became a word of Black consciousness. Examples of its use – in various forms of the word “awake” – date back to before the Civil War in Freedom’s Journal, the nation’s first Black-owned newspaper.
In their introductory editorial on April 21, 1827, the editors wrote that their mission was to “plead our own cause.” Part of that mission was offering analysis on the state of educating enslaved Black people who were prohibited from learning how to read and write.
Because education and literacy were “of the highest importance,” the editors wrote, it was “surely time that we should awake from this lethargy of years” during enslavement.
By the turn of the 20th century, the use of versions of the word “woke” by other Black newspaper editors expanded to include the fight for Black voting rights. In a 1904 editorial in the Baltimore Afro-American, for instance, the editors urged Black people to “Wake up, wake up!” and demand full-citizenship rights.
By 1919, Black nationalist Marcus Garvey frequently used a version of the word in his speeches and newspaper, The Negro World, as a clarion call to Black people to become more socially and politically conscious: “Wake up Ethiopia! Wake up Africa!”
At around the same time, blues singers were using the word to hide protest messages in the language of love songs. On the surface, Willard “Ramblin’” Thomas laments a lost love in “Sawmill Moan”:
If I don’t go crazy, I’m sure gonna lose my mind ‘Cause I can’t sleep for dreamin’, sure can’t stay woke for cryin’
But instead of a love song, some historians have suggested that the lyrics were a veiled protest against the atrocious conditions faced by Black workers in Southern sawmills.
The song given the most credit by historians for the use of the word woke was written and performed in 1938 by Huddie Leadbetter, known as Lead Belly. He advises his listeners to “stay woke” lest they run afoul of white authority.
In an archived interview about the song “Scottsboro Boys,” Lead Belly explained how tough it was at the time for Black people in Alabama.
“It’s a hard world down there in Alabama,” Lead Belly said. “I made this little song about down there. … I advise everybody, be a little careful when they go along through there — best stay woke, keep their eyes open.”
Lead Belly explains his “stay woke” advice to Black people at the 4:30 mark.
National Guard troops protect members of the Scottsboro Boys as they enter an Alabama courtroom on Jan. 1, 1932.Bettmann/GettyImages
Based on their words, the nine Black men – ages 12 to 19 years old – were immediately arrested and in less than two weeks, all were tried, convicted, and with one exception, sentenced to death.
One of the alleged victims, Victoria Price, testifies on April 4, 1933, against nine young Black men in the Scottsboro case.Bettmann/GettyImages
All the cases were appealed and eventually reached the U.S. Supreme Court. In its 1932 Powell v. Alabama decision, the court overturned the verdicts in part because prosecutors excluded potential Black jurors from serving during the trial. But instead of freedom, the cases were retried – and each of the “Scottsboro Boys” was found guilty again.
There were four more trials, seven retrials and, in 1935, two landmark Supreme Court decisions – one requiring that defendants be tried by juries of their peers and the other requiring that indigent defendants receive competent counsel.
The nine young men spent a combined total of 130 years in prison. The last was released in 1950. By 2013, all were exonerated.
How woke became a four-letter word
Over the years, the memory of the Scottsboro Boys has remained a part of Black consciousness and of staying woke. During the height of the Civil Rights Movement, Martin Luther King Jr. used a version of woke during his commencement address at Oberlin College in 1965.
“The great challenge facing every individual graduating today is to remain awake through this social revolution,” he said.
In recent times, use of the word has ebbed and flowed throughout Black culture but became popular again in 2014 during the protest marches organized by Black Lives Matter in the wake of the shooting death of Michael Brown by a police officer in Ferguson, Missouri. Two years later, a documentary on the group was called “Stay Woke: The Black Lives Matter Movement.”
Florida Gov. Ron DeSantis speaks at a conservative political conference on Feb. 24, 2022, in Orlando, Fla.Joe Raedle/Getty Images
But for GOP lawmakers and conservative talk show pundits, such as DeSantis, “woke” is a pejorative word used to describe those who believe that systemic racism exists in America and remains at the heart of the nation’s racial shortcomings.
When asked to define the term in June 2023, DeSantis explained: “It’s a form of cultural Marxism. It’s about putting merit and achievement behind identity politics, and it’s basically a war on the truth.”
Desantis couldn’t be more wrong. The truth is that being aware of America’s racist past cannot be dictated by conservative politicians. Civic literacy requires an understanding of the social causes and consequences of human behavior – the very essence of being woke.
Republished with permission under license from The Conversation.
They all face racism in the ‘gray areas’ of workplace culture
by Adia Harvey Wingfield, Arts & Sciences at Washington University in St. Louis
American workplaces talk a lot about diversity these days. In fact, you’d have a hard time finding a company that says it doesn’t value the principle. But despite this – and despite the multibillion-dollar diversity industry – Black workers continue to face significant hiring discrimination, stall out at middle management levels and remain underrepresented in leadership roles.
As a sociologist, I wanted to understand why this is. So I spent more than 10 years interviewing over 200 Black workers in a variety of roles – from the gig economy to the C-suite. I found that many of the problems they face come down to organizational culture. Too often, companies elevate diversity as a concept but overlook the internal processes that disadvantage Black workers.
Take “Constance,” for example – not her real name – who is a Black female chemical engineering professor at a major research university. Her university proclaims its commitment to diversity and inclusion, with several offices and initiatives dedicated to this goal.
Yet she told me that most leaders at her school are uncomfortable trying to achieve racial diversity. They’d rather be “colorblind” – that is, they’d rather not acknowledge or address racial disparities or the institutional rules and norms that perpetuate them. So their attempts to pursue diversity translate into attempts to hire more women faculty but not more Black faculty.
This isn’t surprising, as women generally are underrepresented in STEM fields. But the emphasis on gender means that the racial issues Constance encounters as a Black woman – openly racist teaching evaluations, colleagues’ casual stereotyping, additional barriers to mentorship – go ignored.
“Kevin” offers another instructive example. He’s a Black man who works at an education nonprofit that aims to help kids – a laudable goal. His workplace touts its culture of collaboration and says that it demonstrates its commitment to diversity by supporting children from all backgrounds.
But in practice, Kevin found that the organization often shunned and patronized Black parents, treating them disrespectfully. And despite his employer’s stated support for diversity, Kevin says his efforts to highlight these problems usually went ignored.
And then there’s “Brian.” A film producer with extensive Hollywood experience, Brian was excited about taking a job with a major studio. He thought it would give him an opportunity to bring more films about the variety of Black experience to audiences. And since studio leaders talked a big game about innovation, creativity and original thinking, this seemed like a reasonable assumption.
But once he started in this role, Brian learned that the studio was dominated by a market-driven culture, which leaders used to justify not investing in films by and about Black people. Importantly, the same logic around Black filmmakers rarely seemed to apply to white ones, Brian said – those who directed flops were still given multiple chances to keep working. Pointing out this hypocrisy failed to change minds or practices, Brian found.
When a DEI statement isn’t enough
What do these three people, working in very different industries, have in common? They all work for employers that have a stated commitment to diversity – and an organizational culture that belies and even undermines it.
When these companies commit to diversity but fail to tackle racial diversity specifically, it becomes easy for workers like Constance, Kevin and Brian to find that the issues they experience get overlooked and that there’s no effective way to bring them forward. They get stuck in the gray areas.
On Apr. 4, 1968, Dr. Martin Luther King Jr. was assassinated in Memphis, Tennessee, while assisting striking sanitation workers.
Back then, over a half-century ago, the wholesale racial integration required by the 1964 Civil Rights Act was just beginning to chip away at discrimination in education, jobs, and public facilities. Black voters had only obtained legal protections two years earlier, and the 1968 Fair Housing Act was about to become law.
African-Americans were only beginning to move into neighborhoods, colleges, and careers once reserved for whites only.
How much has really improved for black people in the U.S. since 1968? Ted Eytan, CC BY-SA
I’m too young to remember those days. But hearing my parents talk about the late 1960s, it sounds in some ways like another world. Numerous African-Americans now hold positions of power, from mayor to governor to corporate chief executive – and, yes, once upon a time, president. The U.S. is a very different place than it was in 1968.
Or is it? As a scholar of minority politics, I know that while some things have improved markedly for Black Americans in the past 50-odd years, today we are still fighting many of the same battles as Dr. King did in his day.
That was then
The 1960s were tumultuous years indeed. During the long, hot summers from 1965 to 1968, American cities saw approximately 150 race riots and other uprisings. The protests were a sign of profound citizen anger about a nation that was, according to the National Advisory Commission on Civil Disorders, “moving toward two societies, one black, one white — separate and unequal.”
Economically, that was certainly true. In 1968, just 10% of white people lived below the poverty level, while nearly 34% of African-Americans did. Likewise, just 2.6% of white job-seekers were unemployed, compared to 6.7% of black job seekers.
Dismantling ‘Resurrection City’ in 1968.AP Photo/Bob Daugherty
A year before his death, Dr. King and others began organizing a Poor People’s Campaign to “dramatize the plight of America’s poor of all races and make very clear that they are sick and tired of waiting for a better life.”
Ralph Abernathy, an African-American minister, led the way in his fallen friend’s place.
“We come with an appeal to open the doors of America to the almost 50 million Americans who have not been given a fair share of America’s wealth and opportunity,” Abernathy said, “and we will stay until we get it.”
This is now
So, how far have Black people progressed since 1968? Have we gotten our fair share yet? Those questions have been on my mind a lot this month.
Financial security, too, still differs dramatically by race. In 2018 black households earned $57.30 for every $100 in income earned by white families. And for every $100 in white family wealth, black families held just $5.04.
Another troubling aspect about black social progress – or the lack thereof – is how many black families are headed by single women. In the 1960s, unmarried women were the main breadwinners for 20% of households. In recent years, the percentage has risen as high as 72%.
Black Americans today are also more dependent on government aid than they were in 1968. About 40% of African-Americans are poor enough to qualify for welfare, housing assistance and other government programs that offer modest support to families living under the poverty line.
Legally, African-Americans may live in any community they want – and from Beverly Hills to the Upper East Side, they can and do.
But why aren’t those gains deeper and more widespread?
Some prominent thinkers – including the award-winning writer Ta-Nehisi Coates and “The New Jim Crow” author Michelle Alexander – put the onus on institutional racism. Coates argues, among other things, that racism has so held back African-Americans throughout history that we deserve reparations, resurfacing a claim with a long history in Black activism.
Alexander, for her part, has famously said that racial profiling and the mass incarceration of African-Americans are just modern-day forms of the legal, institutionalized racism that once ruled across the American South.
Depending on who you ask, then, Black people aren’t much better off than in 1968 because either there’s not enough government help or there’s too much.
In 1963, 250,000 people marched on Washington to demand equal rights. By 1968, laws had changed. But social progress has since stalled.United States Information Agency
What would MLK do?
I don’t have to wonder what Dr. King would recommend. He believed in institutional racism.
In 1968, King and the Southern Christian Leadership Council sought to tackle inequality with the Economic Bill of Rights. This was not a legislative proposal, per se, but a moral vision of a just America where all citizens had educational opportunities, a home, “access to land,” “a meaningful job at a living wage” and “a secure and adequate income.”
To achieve that, King wrote, the U.S. government should create an initiative to “abolish unemployment,” by developing incentives to increase the number of jobs for black Americans. He also recommended, “another program to supplement the income of those whose earnings are below the poverty level.”
Those ideas were revolutionary in 1968. Today, they seem prescient. King’s notion that all citizens need a living wage portends the universal basic income concept now gaining traction worldwide.
King’s rhetoric and ideology are also obvious influences on Sen. Bernie Sanders, who in the 2016 and 2020 presidential primaries has advocated equality for all people, economic incentives for working families, improved schools, greater access to higher education, and for anti-poverty initiatives.
Progress has been made. Just not as much as many of us would like.
To put it in Dr. King’s words, “Lord, we ain’t what we oughta be. We ain’t what we want to be. We ain’t what we gonna be. But, thank God, we ain’t what we was.”
A recent Cracker Barrel experience is being used as a teachable moment, which will include legal analysis to help determine if the restaurant's actions were illegal. This site provides free self-help legal information.
I visited Cracker Barrel located at 10915 New Halls Ferry Road, Ferguson, MO 63136, on Monday to help celebrate my son's birthday. I ordered meatloaf listed in the "Weekday Lunch Features" section for $5.99. Since my 92-year-old father was unable to attend, I placed a to-go order of the meatloaf for him.
When I received my bill, the meatloaf orders were listed for $6.99 each instead of the $5.99 menu price. I pointed out the mistake to the server who mentioned that the price had changed but that it wasn't reflected on the menu. The server had mentioned earlier that it was his first time working as a server. We left a tip on the table and I decided to get the bill corrected when I checked out.
Photo of a menu on a podium in the cashier area of the Ferguson Cracker Barrel on September 13, 2021.
When I presented the bill to the cashier, I explained that my bill was incorrect. A copy of Cracker Barrel's menu was sitting on a podium in the checkout area and I was able to show her the $5.99 price on the menu. The cashier also explained that some prices had gone up, but that they were not reflected on the menu and she called for the manager.
Cracker Barrel checkout receipt with credit card number redacted.
After waiting for the manager for about 10 or 15 minutes, he also acknowledged that some of the prices on the menu were incorrect and that they were waiting for the company to send updated copies. I asked, how do we fix this? The manager replied that $6.99 was the price. I pointed to the menu setting on the podium and stated this is the price, the $5.99 listed on the menu. The manager stated he had no way to honor the $5.99 menu price.
I mentioned under Missouri's truth in advertising statute, state law requires them to honor the menu price. I further explained that it was a simple matter to place a sticker with the new price over the old price. The manager held firm on the $6.99 price. Rather than escalate the issue, I explained that I no longer wanted the to-go meal, and only paid the $6.99 price plus tax for the meal I consumed. I told the manager to tell Cracker Barrel's corporate office I would be filing a complaint with the Missouri Attorney General's office.
I don't regularly patronize Cracker Barrel and the location was chosen by someone else. I've visited Cracker Barrel maybe four or five times, usually to meet with others celebrating a special occasion. Before ever visiting a Cracker Barrel restaurant, I saw news reports about racial bias. That information helped to form my impression of Cracker Barrel. I prefer to spend my money with businesses that appreciate my patronage. In 2004 the U.S. Department of Justice settled a complaint that alleged Cracker Barrel:
allowed white servers to refuse to wait on African-American customers;
segregated customer seating by race;
seated white customers before African-American customers who arrived earlier;
provided inferior service to African-American customers after they were seated; and
treated African-Americans who complained about the quality of Cracker Barrel's food or service less favorably than white customers who lodged similar complaints.
You can read the consent decree for yourself. Later that same year, Cracker Barrel customers filed a $100 million federal discrimination lawsuit. I have no reason to believe this incident being discussed here was racially motivated; in fact, my server, the cashier, and the manager were all African-American.
Legal Analysis
When an offer is made and accepted a contract is created. Once I placed my order, a contract existed between Cracker Barrel and myself. Here's where it can get a little tricky; the menu is not an offer. Menus are considered invitations to make an offer. When I placed my order, I was making an offer to purchase the menu item (accepting their invitation). By taking the order the server is accepting the offer, thereby forming the contract. The consideration is made by my acceptance to pay for the $5.99 menu price in exchange for the food or beverage.
The essential elements of a contract in Missouri are: “(1) competency of the parties to contract; (2) subject matter; (3) legal consideration; (4) mutuality of agreement; and (5) mutuality of obligation.”
Since Cracker Barrel failed to honor the contracted price, they breached the contract and exposed themselves to the possibility for legal action simply because they wouldn't honor their menu price.
Truth in Advertising
The Missouri Merchandising Practices Act (MMPA), Chapter 407 of Missouri Revised Statutes, is the state’s primary truth-in-advertising law.
RSMO 407.010, defines the term advertisement fairly broadly which would include restaurant menus. An advertisement or solicitation that creates a false impression in the mind of a reasonable consumer and that was made with the intent of influencing a purchasing decision is unlawful false advertising in Missouri. The regulations specifically provide that reliance is not an element of deception or misrepresentation. 15 CSR §§ 60-9.020, -9.070.
RSMO 407.020 defines misrepresentation, suppression, or omission of any material fact among other things as an unlawful practice. Under the MMPA, “omission of a material fact is any failure by a person to disclose material facts known to him/her, or upon reasonable inquiry would be known to him/her.” The server, cashier, and manager all knew about the price change but failed to tell the customer.
RSMO 407.025 provides for damages and allows punitive damages and attorney fees.
To succeed in a false advertising claim under the MMPA, a plaintiff must prove the following four things:
There was a purchase, advertisement, or active solicitation of goods or services
The advertisement in question was primarily targeted for consumer purposes, not for business-to-business purposes
The advertisement or solicitation was, in some manner, unlawfully deceptive
The plaintiff suffered actual financial harm as a result of the false advertising
Truth in Advertising is not the same as Truth-in-Menu also known as “Accuracy-in-Menus” and “Truth-in-Dining” terms used to describe regulations governing restaurant menus. Many locations require that menu descriptions be honest and selling prices and service charges be accurate. Examples of information that should be carefully described include preparation style, ingredients, item size, and health claims.
Conclusion
It's unwise for a business to expect customers to pay for their mistakes. Until Cracker Barrel refused to correct its pricing error, I had an enjoyable experience. The meatloaf was decent and everyone else seemed to enjoy their meal. I relied on the accuracy of the menu. I don't know if I would have placed the same order if the $6.99 price was listed. I was actually considering a couple of more expensive options when I noticed the $5.99 menu. I might have ordered the chicken for $9.99 instead. Regardless, I would have still placed an order for my father. It wasn't that I couldn't afford the extra dollar, it was the total lack of regard and respect shown when they refused to honor their menu price!
Cracker Barrel ruined what would have been a positive experience and turned it into a negative one. If not but for the pricing error, I would have left very satisfied and my father would have been too. When I explained what happened, my father said you made the right decision to leave that other meal. Then I prepared his lunch myself.
Imagine you are at a store to make a purchase and a stranger snatches two dollars out of your hand. What would you do; keep quiet, say something, or do something? When Cracker Barrel wouldn't honor the menu price, I felt as if they were attempting to steal my money.
There are two separate causes of action to file a lawsuit against Cracker Barrel; "breach of contract" and "Missouri Merchandise Practices Act".
The breach of contract damages is only one dollar per meal. However, sometimes it's not about the money as much as the principle of the thing. If this was a deliberate tactic to increase profits, Cracker Barrel would know most people would never consider going to court for such a small amount. How many hundreds or even thousands of customers were overcharged? Everyone has to decide how much principle is worth to them. I've certainly spent more than two dollars in time and effort researching and writing this article which for me was worth it. I'm not planning to file suit.
Since the MMPA includes the possibility of punitive damages, that might prompt someone to file a lawsuit or even a class action. If someone were to file a lawsuit, Cracker Barrel would have to pay an attorney to represent them which could cost tens of thousands of dollars depending on the number of motions and hearings. A judge could decide to teach Cracker Barrel a lesson and award thousands in punitive damages.
The solutions were simple; use labels to show the new price, verbally tell customers about the price changes or make the adjustment when a customer complains. The reality is many customers might not notice or might be too embarrassed to mention the price difference. My research revealed the Ferguson Cracker Barrel's online menu (PDF) included the $6.99 pricing on September 13th. The manager could have simply printed copies for temporary use until the corrected menus arrived.
Cracker Barrel violated the law. Every member of our party thought it was wrong for them not to correct their mistake. Hopefully, Cracker Barrel will learn from this and treat its customers more fairly in future situations.
Open letter to Black Churches, Organizations, and their members
My late uncle, Dick Gregory, frequently declared that "The black woman and the black church are the two most powerful forces in the history of America." Black women are exercising their power, St. Louis' most visible examples are newly elected US Representative Cori Bush and the progressive St. Louis prosecutor Kimberly Gardner. It's way beyond time for the Black Church to assert its power!
I am the author of "Legal Research for Non-Lawyers," and maintain a free self-help legal information site that provides practical resources to help people help themselves. The site and its content are targeted primarily to Black people who can't afford an attorney, however, all visitors are welcome. Lack of legal knowledge and representation are among the black community's greatest obstacles.
I began publishing Court.rchp.com shortly after the 2014 murder of Michael Brown. Although I don't hold the power associated with monetary wealth, I am exercising the individual powers that I do have; time, information, and the ability to publish and reach out to others.
While exercising those powers during a recent research project, a disturbing pattern of institutional racism negatively impacting your members was revealed. Enterprise Rent-A-Car has been accused of not renting luxury cars to African-Americans and instead use tactics to convince them to take lower-level vehicles.
Enterprise is not alone, many of the companies your members patronize practice the same sort of subtle racism. While drafting this letter, a news story aired in the St. Louis area about black women being refused dine-in service at a local Waffle House. However, white customers were allowed to dine in.
When my 92-year-old father saw the Waffle house news story, he stated, "White companies always use black people to clean up their messes", referring to the Black Waffle House Vice President defending the company against racial discrimination claims. I couldn't help but check out Enterprise Holdings Executive Officers and as expected, the only Black Executive was their Diversity Officer.
Earlier this year, we also had an issue with State Farm Insurance company where racial discrimination may have played a part. We believed State Farm was charging us more than similarly situated white drivers and they had planned to unfairly cancel our policies. A formal complaint was filed with the Missouri Department of Insurance and State Farm rescinded the cancelation notice.
A Gallup Poll released last month, asked African Americans whether they had been treated unfairly in the last 30 days.
35% report mistreatment while shopping in a store
About one in five reports unfair treatment in other situations
54% of Black Americans report unfair treatment in at least one situation
Reports of mistreatment higher among Black than Hispanic Americans
Acceptance of subpar treatment invites increasing amounts of racialized mistreatment which ultimately leads to deadly encounters with white citizens and police officers falsely claiming self-defense and being believed.
Two of the largest black church organizations, The National Baptist Convention USA, Inc. and The Church of God in Christ (COGIC) together have over 43,000 congregations with over 12.5 million members in the United States, with millions more in other denominations. Black Americans have an estimated buying power of $1.3 trillion and donate a higher share of their wealth than Whites. If Black America was a country, we would be the 15th largest country by GDP, between #14 Spain and #16 Mexico. Black households on average give away 25 percent more of their income per year than Whites. Black churches take in an estimated $12-13 billion per year, an amount larger than the GDP of 74 nations. Before the pandemic, these two organization's yearly conventions contributed hundreds of millions of dollars to their host cities' local economies. In addition to church donations, nearly two-thirds of Black households donate to community-based organizations and causes, to the tune of $11 billion each year.
The combined membership and financial resources of black church congregations can be a powerful force in the fight against racial discrimination. When people discriminate against us they don't care whether we're Baptist, Catholic, Cogic, AME, Jehovah's Witness, Nation of Islam, or any other denomination, to racist, we're all just black.
Racists have been using a divide and conquer strategy against us for centuries. During slavery, it was field vs house slave, dark vs light-skinned. Divide and conquer is a strategy of maintaining power by breaking up larger concentrations of power into pieces that individually have less power than the one implementing the strategy. The strategy includes causing rivalries and divisions to prevent smaller groups from linking up to break up existing power structures. Racist institutions have perfected and modernized their methods. However, in the digital era, we're still using the same strategies employed during the 1960s. During the George Floyd protest, the Federal Government targeted Black Lives Matter leaders for prosecution.
As Malcolm X so aptly declared in his 1964, "Ballot or the Bullet" speech, "though Islam is my religious philosophy, my political, economic, and social philosophy is Black Nationalism"…"if we bring up religion we’ll have differences; we’ll have arguments, and we’ll never be able to get together."
Black Faith Union
The combined leaders of your organizations should consider forming a Black Faith Congress (BFC), similar to how African countries formed the African Union (AU). The BFC could even collaborate with black fraternities, professional, and social justice organizations and request membership to the Diaspora Division of the AU. Representatives from participating black denominations could present ideas to form a national strategy to combat the evil that is racism. The BFC could develop a national racism database to record instances of discrimination to reveal which companies and institutions demonstrate a clear pattern of racist policy. Organized sanctions, whether in the form of a boycott, lawsuit, or some other punitive action could be imposed.
The Black Faith Congress or whatever name is chosen could also help formulate a black economic game plan. The BFC could also create a national online database of black talent and black businesses. How many times does one of your members have the solutions to another member's problems, but they have no medium to connect?
You probably have many members with underutilized IT and website development skills that would be happy to work on such a worthwhile project. They might even be able to develop a Black Church peer-to-peer app similar to Uber, Turo, or Airbnb. The possibilities are endless. If the BFC started a credit union or insurance company, I would certainly join.
Funding for such a project could be simple. If each of your member congregations contributed just $25 per month to fund the BFC, in just one year they would have over $12 million to work with. If every congregation member contributed a single dollar each month, that would be over $150 million per year. Member organizations could hold fundraisers to purchase shares in the BFC. BFC shares should be restricted and only made available to your member congregations. Too many of our most promising and valuable assets, BET, Motown, and Johnson Publications (Ebony & Jet) among others for example are now white-owned and controlled. The BFC over time would then pay dividends back to the member congregations.
Additionally, charitable contributions from corporations should be denied, because donations can be used as control mechanisms. If you're dependant on racist corporations for funding, it might prove difficult to call them out on their racism. "Beware of strangers bearing gifts!"
The Internet has provided an opportunity for global reach. The pandemic has forced many of your member congregations to begin streaming their services. Zoom and other similar technologies have eliminated the need for the BFC to regularly meet in person reducing potential travel expenses. The members of your congregations are among the most talented people on the planet. The black church is synonymous with music, praise dance, and drama. Just about every major black artist has shared in interviews that their talent was developed in the black church. However, the black church doesn't receive any financial benefit from the talent they helped to develop. There should be BFC recording studios and movie production crews. People are shooting movies on iPhones. The BFC wouldn't even have to worry about distributions because many of their member congregations have quality screens and sound systems and could become part-time movie theatres.
Tyler Perry, a well-known member of the Black Church, owns the largest film production studio in the United States. The BFC could partner with Perry to create content. Earlier this year, Tyler Perry asked the Black Church what good are you? The BFC could reach out and show him. The BFC could organize and monetize the church's talent into streaming content. They could start by creating a YouTube channel but work to ultimately create its own streaming service that the Black Church controls. How about a show similar to Shark Tank where black church members pitch business ideas to the BFC to fund. The BFC could get a percentage of ownership in the business. Religious organizations pay no taxes on their investments, whether from interest they earn on their investments or in capital gains.
Keep in mind, the Catholic Church is the Biggest Financial Power on Earth. The Vatican has a large number of shares in the most powerful international banks and corporations such as Gulf Oil, Shell, General Motors, General Electric, International Business Machines, etc. They own over 177 million acres of land and that may not include the hundreds of thousands of schools, hospitals, and other special use properties. Catholic churches pay a tax to the Vatican every year.
The BFC if properly executed and managed could bring in billions in additional revenue while also providing valuable service to the community.
In addition to making the private sector accountable, the BFC could create a police misconduct database where members report incidents of racial discrimination and other law enforcement misconduct. Police would no longer be able to hide their miscount reports, at least those made by your members. Those officers could be held accountable and a tool would exist to help identify and eliminate them.
Black church members
My parents were Catholic, my wife's family Pentecostal, my son is an ordained Baptist minister, and I have had close friends that are Muslim or Jewish. They are all kind and loving people who worship the same God, however, they simply have different customs and varied in ideology. Don't allow our difference in faith prevent us from working together to achieve a common good.
An email to some of the largest Black Organizations and Churches will be sent inviting them to freely use these ideas. Share this letter with your church if you believe in this concept. If you're a member of an association of Black Teachers, Black Lawyers, Black Doctors, or a member of a Black Greek, Black Professional, or Black Social Reform organization urge your organization to reach out to form associations with the other organizations. Competition for donations, grants, and other subsidies have divided many Black Organizations. The BFC could function as an affiliate organization similar to United Way serving Black Churches and Organizations.
Some sort of audit mechanism would need to be in place to control corruption. We all know there are those among us who will sell us out for opportunity.
We understand that many congregations and organizations may not be interested. Partnerships can be local, regional, or national. You don't need everyone to participate to achieve success. One hundred years ago "Black Wall Street" was destroyed, lets build another using the Black Church as a foundation. If the pandemic has demonstrated but one lesson, it's "United we stand, divided we fall!"
"Every kingdom divided against itself will be ruined, and every city or household divided against itself will not stand." – Mathew 12:25
Christopher Hill, Founder/CEO of ManUpGlobal and co-author of the book, "The Re-Factor," recently endured a car rental experience from hell. He was placed on Enterprise Rent-A-Car's do not rent (DNR) list by mistake.
Enterprise and other car rental companies maintain a (DNR) list which is a list of customers who have been forbidden from renting a vehicle for any reason.
Christopher was preparing for ManUpGlobal's Operation Suave when his car became inoperable because of an accident. Below is an interview Christoper did before the event.
Christopher who happens to be my son needed a car immediately and there was a rental car shortage. He eventually found a vehicle at Avis in West County about 20 miles away for $100/day. Christopher drove the Avis vehicle that weekend and to work Monday.
Christopher is an ordained minister, he is employed by a non-profit organization where he teaches classes to incarcerated men transitioning back into society, however, he has never been incarcerated himself or had any major legal issues.
On Monday, May 24, 2021, I searched for a better rate while he was at work and made a car rental reservation on Enterprise.com. I normally rent from their Dellwood location and reserved a midsize there for $82/day. That reservation was canceled after I discover a midsize rate of $38.75/day at the Ladue location.
Enterprise reservation for 5-24-2021 showing daily rate of $82. This reservation was cancelled after the Ladue reservation was confirmed.
When Christopher finished working, We met at Avis and drove to the Ladue Enterprise location.
I listed Christopher as an additional driver, but we were informed he was on the do not rent list. Enterprise Rent-A-Car stated that a car Christopher previously rented had been repossessed, which we both knew was untrue. We waited while the agent tried to reach someone, however, Enterprise's corporate offices were closed. The agent told us she would check into the matter the next day and we ended up renting from another company at twice the cost.
Rental that caused Do Not Rent Blacklisting
Christopher rented a car from the Enterprise Rent-A-Car location, 2233 Washington Avenue in downtown St. Louis in December 2019, then extended the rental multiple times. On or about January 13, 2020, Christopher returned to the Washington Avenue location to extend his rental and provided his credit/debit card.
The car was returned undamaged on what Christopher thought was the due date, January 29th, his card was charged and he didn't think anything else about the matter. He was never told there was an issue or that he was being added to the DNR list or even that he was in danger of being added to that list.
The vehicle was returned undamaged, the credit/debit card provided was charged and the total fees were paid in full. Since there was no vehicle damage, no outstanding or unpaid fees. It's hard to understand why Christopher was added to the do not rent list.
False Hope for Removal
On May 25th, the Enterprise Rent-A-Car agent called to explained that she confirmed that the vehicle had been repossessed. I knew this information was incorrect. Assuming they mixed up Christopher's rental with someone else; I asked the location of the repossession. I was hoping for some clue which renter's car had been repossessed. The agent checked, called back, and then stated that the car had been returned but that a repo request was made before the vehicle being returned. The agent explained that her boss would call to see about removing Christopher from the do not rent list.
After not hearing from anyone, I phoned back and eventually spoke to a manager who stated Christopher could not be removed from the list. Upon further inquiry, I was provided with information for the Risk Management department.
Before calling Enterprise Risk Management, I phoned the repo company. The owner confirmed that on January 28, 2020, a repo order from Enterprise was received, however, it was canceled less than 24 hours later on January 29th. Enterprise experienced no charges for the canceled repo order according to the owner of the repo company.
Efforts to Resolve
I phoned the manager of Enterprise's Risk Management several times between May 27th and June 9th, but only reached his voicemail. I emailed a detailed message using Enterprise.com's customer service link. I received a response that they needed to hear directly from Christopher, so I forwarded the email.
On June 13th, Christopher contacted Enterprise by email. Explained he wasn't sure how he ended up on the DNR list and because Enterprise's office hours conflicted with his work schedule, he asked his father to look into the DNR list issue. Christoper disclosed he read his father's summary of the incident and the details were correct and to please accept the statement as if it were his own and asked to be promptly removed from the DNR list.
On June 14th, Enterprise apologized for the inconvenience, stated they would engage the management team at Risk Management and that they would contact him soon to provide proper assistance.
On June 25th, Christopher explains he had not heard from anyone. Christopher was approaching the July 3rd deadline for the auto insurance replacement from Hertz. Pandemic supply chain issues caused delays at the auto dealer where Christopher's car was being repaired. The dealer offered to provide him with an Enterprise replacement vehicle beginning on July 3rd. Because the DNR list issue was not resolved, Christopher had to pay to continue the Hertz rental. Hertz continued the rental at the insurance rate (around $26/day including taxes and fees) until August 11th at which time he was charged $975.87.
On August 10th, the dealership reserved a rental from Enterprise since Christopher's car still was not fully repaired. I attempted to reach the manager of Enterprise Risk Management again. The person who answered the phone (TW) explained he was on vacation and would not return until Monday, August 16th.
After explaining the details to TW, she found Christopher's rental record and stated that he had only paid for two days on January 13, 2020, that the car was due back on January 15th, but the vehicle was not returned until January 29th. I disputed that information and wondered if they might have mixed him up with another renter.
She provided me with her email to send some documentation we discussed, however, she stated Christopher would most likely never be removed from the DNR list. She said no one other than the department manager could remove Christopher from the list.
Christopher emailed me copies of his bank statements showing six separate payments to Enterprise Rent-A-Car totaling $1,214.28 concerning the rental resulting in him being blacklisted on Enterprise’s DNR list. (bank statements cutouts shown)
Dec. 19. 2019 $178.75
Jan. 02, 2020 $240.00
Jan. 07, 2020 $170.00
Jan. 13, 2020 $120.00
Jan. 21, 2020 $275.45
Feb. 03, 2020 $230.08
This information among other things was shared with Enterprise on August 11th. I received a response indicating I would be contacted by an area manager and another stating my message has been sent to the Regional Office, and someone would contact me concerning my son's 'do not rent' case. As of the publication of this article, we have not heard from anyone.
The dealership made a reservation in Christopher's name at Enterprise. Since the DNR list issue was not resolved, I had the dealership change the reservation to my name and picked up a vehicle. My wife drove the Enterprise rental and Christopher drove her vehicle. Christopher will not drive the Enterprise rental unless and until he is removed from the DNR list and authorized to drive it.
How the DNR List is Supposed to Work
Supposedly, most drivers don’t have to worry about ending up on a Do Not Rent list. The assumption is that renters are only blacklisted from car rental companies due to avoidable issues like failing to follow the terms of the rental lease, causing unpaid damage to rental cars, or participating in illegal activities. However, Enterprise has been shown to penalize renters for frivolous reasons. One man was added to the DNR list because he shared an address with a former roommate who owed a balance.
There's a Facebook group "Enterprise Rent-A-Car did me wrong", where people share how they have been wronged by Enterprise Rent-A-Car. Several people complained about being unfairly added to the Enterprise's DNR list.
What particularly caught my attention is how many people complained that they only discovered they were on Enterprise's DNR list at the rental counter which seems punitive and retaliatory. I can't imagine the stress of arriving in another city standing in line at the rental counter for a long time so you can attend a funeral, job interview, or some other important function, especially if you're running late, only to be blindsided with the news that you're on the DNR list!
Relevant Facts about Enterprise Rent-A-Car
Enterprise is the largest company of the US car rental Oligopoly which controls over 94% of the market:
AvisBudget Group (owns Avis, Budget, and Payless)
Enterprise Holdings (owns Alamo, Enterprise, and National)
Hertz Global Holdings (owns Dollar, Hertz, and Thrifty)
Enterprise Holdings and its affiliates own nearly 1.7 million cars and trucks, making them the largest car rental service provider in the world measured by revenue and fleet. The company is privately owned by the Taylor family, #48 on Forbes 2020 America's Richest Families List, with a net worth of $7.8 billion. Enterprise dominants the insurance replacement market. According to Auto Rental News at one point Enterprise controlled over 85% of that market.
Jack Taylor (d. 2016) founded Enterprise in 1957. He named the company after the USS Enterprise, an aircraft carrier he served on as a Navy pilot during World War II.
Jack Taylor's son, Andrew C. Taylor is Executive Chairman of Enterprise Holdings.
Andrew C. Taylor's daughter Chrissy Taylor is the president and CEO of Enterprise.
The St. Louis-based company reported $22.5 billion in revenues for the fiscal year through July 2020, down 13% due to less travel during the pandemic.
Enterprise has 80,000 employees and operates in nearly 100 countries and territories.
The Taylor Family controls two major charitable foundations; the Enterprise Holdings Foundation with over $323 million in assets and the Crawford Taylor Foundation with over $585 million in assets.
A previous negative experience with Enterprise was used as a teachable moment on this site in 2015.
Legal Analysis
It seems extremely unfair that a company would ban some of its customers for life, sometimes for minor transgressions, however, if you’re placed on a Do Not Rent list for a legitimate reason, you generally don’t have legal recourse against the company, including any right to appeal. When you land on a DNR list of the parent or subsidiary DNR list you are barred from renting from any of the related companies.
When a person is mistakenly placed on a DNR list, there may be remedies available.
Car rental agreements are contracts. Therefore the first step is to look closely at the contract, which usually includes two separate parts.
“The big print giveth and the little print taketh away”
The contract you are given at the rental counter is often a rental summary (big print) which provides the most important details. There's usually a terms and conditions section (little print) that may be accessible thru an internet link, printed on the rear of the contract in small print or attached.
It's been nearly two years since the December 2019 rental resulting in Christopher being listed on the DNR list and he did not have a copy of that contract. Assuming that my August 11th contract is the same as Christopher's prior contact, our discussion will concentrate on what I consider the most relevant parts of the contract concerning the DNR list issue.
Section 1, provides the following definition: “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner. This is an interesting definition since this could be interpreted differently than the dates appearing on the rental summary. The summary portion of my rental contract listed 8-11-2021 as the pickup date and 8-12-2021 as the anticipated return date. When I asked Enterprised about this, I was told the dealership usually rents the vehicle for a single day and then continues to renew the contract each day until the repairs are complete. Therefore, even though the rental summary so far indicates my car is over a week late, the rental is still valid and I have legal possession. A similar situation might have been the source of Enterprise's confusion concerning the January 2020 due date.
Section 4 – outlines the prohibited uses and what the renter shall not allow or do with the vehicle. None of the prohibitions were violated in Christopher's case, therefore, no further discussion is required.
Section 16 – Limitation of Remedy/No Consequential Damages. This may be unenforceable. Consequential damages, also known as "special damages," refers to damages from an indirect result of an event or incident. The difference between direct and consequential damages is not clear. When a generic exclusion of consequential damages is included in contracts without bothering to define what consequential damages are, it is frequently a fact question whether the damages are direct or consequential. Not long ago a federal court held that a contractual provision excluding “consequential damages” is ambiguous.
A breach of contract action includes the following essential elements:
(1) the existence and terms of a contract;
(2) that plaintiff performed or tendered performance pursuant to the contract;
(3) breach of the contract by the defendant; and
(4) damages suffered by the plaintiff. Howe v. ALD Servs., Inc., 941 S.W.2d 645, 650 (Mo. App.1997).
Inclusion on the DNR list would normally indicate a breach of contract. In Christopher's case, Enterprise suffered no damages.
The car dealership repairing Christopher's car uses Enterprise exclusively. That sort of market dominance certainly has created some situational monopolies. Exclusive contracts with a single car rental company can result in serious hardships if your job requires travel. With this in mind, we wondered if there are any legal remedies under the law when placed on a DNR list by mistake?
Missouri law implies a covenant of good faith and fair dealing in every contract. Slone v. Purina Mills, Inc., 927 S.W.2d 358, 368 (Mo.App. 1996). When Enterprise blacklisted Christopher without a valid reason or warning based upon his contracted rental vehicle, Enterprise violated the covenant and therefore breached the contract. Unlike Enterprise, Christopher has suffered damages. He suffered embarrassment, mental anguish, increased rental charges from May 24th, then July 3rd thru August 11th and August 20th; Christopher was forced to rent another vehicle from Hertz to drive to a speaking engagement about 200 miles away.
Since corporations are considered persons under the law when placed on a DRN list by mistake, would it be considered slanderous or libelous since each is a separate entity? We could find no case law concerning this issue and this question may remain unanswered until tested in court.
Car rental companies are public accommodation providers under the Americans with Disabilities Act and Title II of the Civil Rights Act of 1964, 42 US § 2000. Privately owned businesses and facilities that offer certain goods or services to the public including food, lodging, gasoline, and entertainment are considered public accommodations for purposes of federal and state anti-discrimination laws. Federal law prohibits public accommodations from discriminating based on race, color, religion, or national origin. If you believe you have been discriminated against, you may file a complaint with the Civil Rights Division of the Department of Justice, or with the United States attorney in your area. You may also file suit in the U.S. district court.
With this in mind, does a valid reason need to exist before placing members of a protected class on a car rental do not rent list without a clear and convincing reason? Business owners have the right to refuse service to customers for legitimate reasons. Business owners cannot refuse service to protected classes of people based on arbitrary grounds. Reasons must be legitimate enough to hold up in court, otherwise, a rebuttable presumption of discrimination could exist.
Considering the evidence of systemic racism we uncovered at Enterprise, with limited research, we believe it might be possible to make a prima facie case, especially once we conduct further research. To establish a prima facie case for public accommodation discrimination, the complainant must show that he/she: (1) is a member of a protected class, (2) attempted to exercise the right to full benefits and enjoyment of a place of public accommodation, (3) was denied those benefits and enjoyment, and (4) was treated less favorably than similarly situated persons outside her protected class. McCoy v. Homestead Studio Hotels, 390 F. Supp. 2d 577, 583-85 (S.D. Tex. 2005).
While evidence that a person engaged in bad behavior in the past is generally not admissible in court cases, habit evidence is admissible as an exception to this rule. Habit evidence refers to evidence of a repetitive response by a person to particular circumstances. Corporations are considered persons under the law. It is used in court cases for proving how that person would likely act in a similar situation.
We believe we have a valid claim under both state and federal law. We will allow Enterprise a reasonable amount of time to respond before filing suit if we so choose to pursue that option. We will update this page once additional details become available.
Racism at Enterprise
Enterprise CEO Chrissy Taylor published, “We Must Do More, and We Will”, a pledge to help increase racial equity in response to the murder of George Floyd. If sincere, I applaud Ms. Taylor's pledge.
As a black man, I have endured many slights and inconvenience that makes you wonder in the back of your mind if the treatment, lack of attention or service is because of race. This is because black folks have a proverbial institutional knee on their necks.
I don't pretend to know the hearts and minds of others; however, statements, tone, reaction, facial expression, and body language all provide clues. Although bias is often difficult to quantify, to paraphrase the late Supreme Court Justice Potter Stewart, "I know it when I see it."
Institutional racism is embedded through laws, regulations, and customs within society or an organization. It's less perceptible because of its "less overt, far more subtle" nature. It can be seen or detected in processes, attitudes, and behavior that amount to discrimination through prejudice, ignorance, thoughtlessness, and racist stereotyping which disadvantage minority ethnic people. It originates in the operation of established and respected forces in the society
Unfortunately, bias and prejudice are innate characteristics—often deeply ingrained and concealed from our own self-examination. The United States Supreme Court recognized this when it said that “[b]ias or prejudice is such an elusive condition of the mind that it is most difficult, if not impossible, to always recognize its existence.” Further, the high court said, bias or prejudice can exist in someone “who was quite positive he had no bias and said that he was perfectly able to decide the question wholly uninfluenced by anything but the evidence.” Crawford v. United States, 212 U.S. 183, 196 (1909).
Our research indicates some Enterprise policies and practices are most likely disproportionately negatively impacting African-Americans and other minorities. Below are some examples.
Miami Beach, FL – 2021
Earlier this year, a man says he was racially profiled at Miami Beach Enterprise Rent-A-Car. After waiting for hours over two days, a white female employee refused to rent him a car and called the police. When the police arrived, it was refreshing to see them take a neutral approach and not automatically believe the false narrative that the black customer was the problem.
Detroit, MI – 2018
Employees of the Enterprise Rent-a-Car at Detroit Metropolitan Airport claim black customers are discriminated against when trying to rent luxury vehicles. White customers were given discounts not available to black customers and code words to distinguish black from white customers were used. The video below provides shocking details.
Baltimore, MD – 2019
Enterprise Rent-A-Car Co. of Baltimore was ordered to pay more than $16.3 million in lost earnings, benefits, and interest to 2,336 black job applicants who were passed over for the company's management trainee program.
Following an investigation by the U.S. Department of Labor's (DOL's) Office of Federal Contract Compliance Programs (OFCCP), an administrative law judge found that the company—which is a federal contractor—showed a pattern over 10 years of discriminating against black applicants in favor of white applicants. According to the judge, the company's policy had a disparate impact, which means that a seemingly neutral policy was discriminatory in practice.
Alexandra, VA – 2018
Brendalan Jackson, an Enterprise customer in Alexandra, VA stated the following at complaintsboard.com:
"I have had multiple issues with Enterprise but figured that the representatives were having a bad day. I have called out a few situations at enterprise when I truly knew I've been racially profiled; then only to be patronized by Enterprise employees (Station Manager). I have called the customer service deescalation number for assistance; however, never getting my issue resolved (demeaning me further). My husband completed the registration online for me for a premium SUV (Chevrolet Suburban). I know I was racially profiled again on 11/21/18 in Old town Alexandria, Va. When I arrived at the counter there were two Caucasian females both to assist me. When they looked up my information they both looked at each other while I was standing there, one of the females switched the keys on the counter (as if I was blind and did not see them); I inquired if there was an issue? One of the ladies paused and said that both the Tahoe and Suburban vehicles were identically the same. She then continued to switch out the keys from the Suburban to the Tahoe (which had multiple issues). Now keep in mind that this is Thanksgiving Eve and I needed to get on the road to travel home, I didn't know what she was talking about until my husband informed me that the car wasn't a premium car that I was being charged /paying for and told me that I should've received a Suburban. I am an African American female with over 15 years of experience as a Master of Social Work that supervises a clinical program teaching adolescents on this very issue. I am appalled at the very treatment that I have been given as an Enterprise Plus Member and a paying customer of the Corporation. I am officially putting this on our Core Agency Web site to inform all of our over 5, 000 employees of this Metropolitan area. So that they avoid Enterprise and avoid them being humiliated as I have been on 11/21/18 and again another situation with enterprise at DCA on 11/17/18."
Ms. Jackson's complaint was marked resolved, however, we do not know what the resolution was. However, there were at least 27 discrimination complaints on the site including the one from a federal law enforcement officer below.
Tawana – another Enterprise customer stated the following at complaintsboard.com:
"Before arriving at the Enterprise Car Rental desk I called from home to ask what I needed to rent a car and I was told a credit card. I was asked if my credit card was linked to my checking account and I said yes. I was told to bring two bills (utility bills) from home. I brought four or five to be on the safe side. Once I arrived at the desk I presented all of the information that was required of me. The agent went over to another gentleman in the office and they began to whisper, the agent came back and asked if I had any proof that my bills are not past due. The bills that he had were current and had no past due amounts listed on them, which would have proved that they were not past due and were paid. I was the only African American customer in the office at the time, I was told that I had to pull up my bank account online at one of their desks in order for them to see if I paid my bills. They placed me at a desk to do so. I was extremely insulted by this treatment. I am a Federal Officer (Law Enforcement) and I was treated like a criminal."
On October 24, 2000, eight black individuals filed a class action complaint in the United States District Court for the Eastern District of Missouri (St. Louis), alleging that their employer, Enterprise Leasing Company of St. Louis and its parent company, Enterprise Rent-A-Car, engaged in racially discriminatory practices in promotion and hiring. The plaintiffs claimed that Enterprise was in violation of Title VII of the 1964 Civil Rights Act (42 U.S.C. § 2000e), The Civil Rights Act of 1866 (42 U.S.C. § 1981), and portions of the Missouri Human Rights Act (MHRA) RSMO 213.
On May 3, 2002, a judge signed a consent decree which required the Enterprise to pay $2.3 million in damages to the two sub-classes and the named plaintiffs and included injunctive relief requiring the company to make changes in the way it advertises and publicizes available jobs as well as how it communicates with those who are turned down for jobs within the company.
As previously mention, I normally rent from the Dellwood location, however, the May 24th reservation was made with the Ladue location because their cars were more than half off Dellwood pricing. I live in the Ferguson/Dellwood area which is predominantly black. Ladue is 94.1% white and only one percent black. I'm not sure why there was such a difference in pricing between Dellwood and Ladue, however, that fact taken along with other factors support an argument for racial discrimination.
At Enterprise, renters without a ticketed return travel itinerary need to provide a credit card with sufficient funds to cover the cost of their rental plus an additional amount between $200 to $400 based on the rental location. Why? What possible difference could the rental location make in determining how much deposit is required. Are Black renters being charged $400 disproportionately?
Age Discrimination
We also discovered proof of age discrimination at Enterprise.
2019 – Capital One, Enterprise Ensnared in Facebook Ad Bias Scandal – The U.S. Equal Employment Opportunity Commission found “reasonable cause” to believe Enterprise violated federal anti-discrimination law by restricting job postings on the social network to people of certain ages or genders. In both cases below Enterprise refused to promote anyone over the age of 40; click on cities for details.
The Taylor family owned the Keefe Group, a company profiting off public and private prisons and their prisoners. A 2015 Post Dispatch article, revealed the company has contracts with more than 800 public and private prisons. They are one of the larger players in a cottage industry that handles deposits to prisoner accounts, provides inmates with everything from food and condiments to music players and phone service. The following statements were made in the article: “They find so many ways to milk these people for every penny they can”…“You are talking about people who are extremely poor”, said Michael Campbell, assistant professor of criminology at the University of Missouri-St. Louis. Alex Friedmann, managing editor of Prison Legal News accused the Keefe Group of price gouging. The day after the first anniversary of the Michael Brown shooting death protestors marched on Enterprise Holdings because of their connection to the Keefe Group.
Months later, the St. Louis Business Journal reported the Taylor family was considering selling the Keefe's Group parent company Centric Group for $900 Million.
Our "Secret Meeting" page discusses the allegations that companies who profited off prisons conspired to target young black men to fill prisons. If your employer requires driving or travel, inclusion on a DNR list could result in job loss. I worked for a transportation company the used Enterprise rentals; if one of our drivers was on the DNR list and unable to drive those trucks, they may have lost their job. Unemployment, financial hardship, and poverty are among the top reasons people commit crimes.
If you are an Enterprise employee and have evidence of discrimination or unfair practices, please contact us.
Alternatives When Black Listed
As we discovered, landing on a DNR list can be a major setback. The first and most obvious alternative is to try another rent from another company not affiliated with the company the place you own their list.
If Enterprise or some other company is your only or lowest cost option, ask a friend or relative to borrow their car and offer to pay for the rental vehicle as a replacement. DO NOT DRIVE THE RENTAL. If the person on the DNR list is allowed to drive the rental, the renter could also end up on the DNR list.
Since three companies control over 94 percent of the car rental market, complain to your US Representative about how they are using their superior bargaining position to create unfair consumer conditions and request new regulations or breaking companies up into separate entities.
Check out Turo, a peer-to-peer car sharing, sort of the Airbnb of car rentals. Renters search for available vehicles listed by people who are willing to rent their vehicle often at prices much lower than car rental companies.
Another possible option if you need a rental for vacation is RvShare.com, where you can rent RVs and motor homes directly from local owners. UPDATE: RV Share became an affiliate advertiser after we published, so booking your RV rental thru the link above helps support this site financially.
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Conclusion
I did not want to write this article! Christopher and I made several good faith attempts to resolve this issue, but there comes a point where the ridiculousness of a situation just needs to be called out.
Mistakes happen, I understand that, but what’s important is how those mistakes are handled and Enterprise handled this issue very poorly. Research indicates that for every complaint expressed, there are over 25 unregistered complaints. Many dissatisfied customers just quietly take their business elsewhere. When you are the largest company in an Oligopoly that statistic may not be as meaningful.
We have had to expend too much effort trying to resolve an issue that never should have occurred in the first place. This situation has caused financial hardship, embarrassment, major inconvenience, and wasted a great deal of time.
Enterprise Rent-A-Car expended great effort explaining and justifying why Christopher was on the DNR list, but virtually no effort was expended to see if a mistake was made. I was told that it is not possible for Christopher to be removed from the DNR list and if that is true, it is unconscionable that Enterprise does not even consider correcting its mistakes or letting customers make amends.
As things stand now, avoiding Enterprise completely may not be possible. That is assuming they do not blacklist me on the DNR list for publishing this article. Enterprise Rent-A-Car may be the only option when a third party is providing a rental car. Enterprise will no longer be my primary choice for car rentals and I plan on doing a test rental on Turo in the future.
After we published, we heard about a Black diversity and inclusion business program manager from Microsoft who had his Avis rental car repossessed by mistake.
"Dogs have served as instruments of violence in incidents dating back to the days of slavery, and as recently as the Black Lives Matter protests." – Mauled – When Police Dogs are Weapons
Parker High School student Walter Gadsden being attacked by dogs during a 1963 civil rights demonstration in downtown Birmingham, Alabama.
Four white Granite City, IL police officers allowed a police dog to maul a law abiding unarmed black teenager while conducting a traffic stop, then they lied about what happened in the official police report.
Devondrea Williams was in the back of a truck his cousin was driving with a friend when police pulled them over around 2:30 a.m. Monday, July 19th. Williams said police never explained why they were pulling them over. According to Williams, police asked for his information and asked him to get out of the truck. Before Williams could comply an officer grabbed his arm and several other officers pushed him against the truck.
Williams explained, “and then I see the dog out of the corner of my eye and then the dog bites me.” The teen said he was bitten by the dog four or five times. When the dog latched onto the teen’s leg and would not let go, officers finally tased the animal in order to get the K-9 to let him go. Williams told KMOV after he was bitten by the animal, “I ain’t never screamed like that a day in my life.”
Regeana Canada, who lives close to where the incident took place, saw police lights and filmed the encounter on her phone. She said the dog was latched onto Williams for eight or nine minutes.
Granite City Police Capt. Gary Brooks provided an account of what transpired to KMOV in a statement, “Officers conducted a traffic stop of a vehicle with some of the individuals involved in the incident. At this time, officers attempted to continue to gather facts to ascertain what exactly had taken place,” the statement said. “During the traffic stop, an individual obstructed the investigation and resisted arrest. They were taken into custody with the assistance of a police K-9. This investigation is still ongoing and as a result, no further information can be given at this time regarding this matter.”
Canada, however, refuted the captain’s claims of resistance. “No, he did not resist arrest at all,” said Canada.
Why wasn't the dog under anyone's controlled and allowed to run free? Regardless, why would it take police officers more than 8 minutes to stop their dog from attacking an innocent person? I can't imagine a situation where a private citizen watches their dog mauling someone for eight minutes and not being arrested. It's way beyond time to abolish qualified immunity for police officers. The officer responsible for that dog needs to be fired and any officers who lied need to be fired and prosecuted!
Under Illinios law, 720 ILCS 5/26-1(a)(2-10) , filing a false police report falls under the Disorderly Conduct statute. According to 720 ILCS 5/26-1(a)(4), a person commits disorderly conduct when he knowingly transmits to the police department a false report that a crime has been committed knowing at the time of the transmission that there is no reasonable ground for it. The penalty for such an offense is a Class 4 felony punishable by 1-3 years in the Illinois Department of Corrections.
Under Illinois law pursuant to 720 ILCS 5/31-1, a person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor. According to 720 ILCS 5/31-4(a) and (b) a person obstructs justice:
“when, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, he knowingly commits any of the following acts:
Destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information; or
Induces a witness having knowledge material to the subject at issue to leave the State or conceal himself; or
Possessing knowledge material to the subject at issue, he leaves the State or conceals himself.”
Remember the actor Jessie Smollett? On February 20, 2019, Smollett was charged by a grand jury with a class 4 felony for filing a false police report. Judge John Fitzgerald Lyke Jr. set Smollett's bail at $100,000 and he had to surrender his passport. On March 8, Smollett was indicted on 16 felony counts of "false report of offense". After completing 16 hours of community service and forfeiting his $10,000 bond, charges against Smollett were dropped on March 28.
At the time of publication, it was unclear whether Granite City police officers have body cameras. Granite City does has a Private Video Surveillance Camera Registration program. The Granite City Police Department signed an agreement with Amazon's home surveillance equipment company, Ring, in 2020 to gain special access to the company's Neighbors app. Someone should check to see if any other private video exist.
When Phylicia Rashad tweeted, “A terrible wrong is being righted — a miscarriage of justice is corrected!”, she was absolutely correct! It's unfortunate she felt pressure to apologize for telling the truth! However, the terrible wrong can never truely be righted because Bill Cosby and his family can never regain his lost time spent in prison!
Because of assurances from Bruce L. Castor Jr. who was then the Montgomery County, Pa. district attorney, Dr. Bill Cosby sat for depositions in a lawsuit filed against him by Andrea Constand, which he paid her $3.38 million to settle in 2006.
The reason Court.rchp.com exist is to help educate black people about the law and to help them help themselves in a court of law by acting as their own attorney when no other option exist. This case illustrates how even a rich black man can become a victim of mass incarceration. Bill Cosby probably would never have served a single day in jail if he was a wealthy white man. For those that might want to compare Dr. Cosby's case to Harvey Weinstein's, the circumstances and weight of evidence were totally different. There was nothing in the Weinstein case to indicate that the charges should not have been filed.
Applying common sense, most likely at some point, Mr. Castor and Ms. Constand had a discussion where he explained there was not enough evidence to get a conviction and that he would be willing to waive prosecution so that her civil suit could move forward and she agreed. If so, Constand knowingly chose money over criminal prosecution. Kevin Steele, a subsequent district attorney reversed Mr. Castor’s decision and charged the entertainer with assaulting Ms. Constand.
If not but for the assurance not to prosecute, Dr. Cosby certainly would have exercised his fifth amendment right to not self incriminate. Cosby never admitted to sexual abuse, he simply admitted that he had at one time given women he wanted to have sex with quaaludes. Read the deposition for yourself, the topic of quaaludes begin on page eight of the pdf file (page 5 of the deposition). Providing the quaaludes would probably have been illegal under the drug laws and therefore incriminating, which was mentioned in the deposition.
Here is a list of miscarriages of justice:
The prosecutor's promise was not honored.
Bill Cosby's deposition should never have been made public.
Bill Cosby should never have been charged.
The judge should have dismissed the case and a trial should never have taken place.
Andrea Constand should not have been allowed to violate her confidentiality agreement.
A second trial certainly shouldn't have taken place
Testimony by women excluded during the first trial should not have been allowed in the second trial.
Bill Cosby should not have been denied bail while his case was on appeal.
Bill Cosby should never have done one day in jail, because he was never legitimately found guilty of any crime.
Bill Cosby should have been released during the Covid-19 Pandemic.
Bill Cosby could have died or been killed while in prison before being exonerated.
Innocent Until Proven Guilty
The cornerstone of our criminal justice system is presumption of innocense until proven guilty. The state failed to legitimately prove Bill Cosby guilty, therefore he is innocent.
Judge Joe Brown explains why Bill Cosby is innocent:
The Pennsyvana Supreme Court stated the following in their decision concerning the Cosby case, “We hold that, when a prosecutor makes an unconditional promise of non-prosecution, and when the defendant relies upon that guarantee to the detriment of his constitutional right not to testify, the principle of fundamental fairness that undergirds due process of law in our criminal justice system demands that the promise be enforced,”. The Supreme Court's decision restores Bill Cosby's innocent status under the law.
Many of the points I made in a 2015 article concerning Bill Cosby are relevant. I don't know who is telling the truth, however, it's common knowledge that many women submitted to the casting couch to become actresses. It's hard to apply a current standard to the past. Today, the standard is for a woman to stand in her truth, however, a different standard existed years ago. It's not my intention to be insensitive to the accusors, but most of the accusors didn't come forward until after their statute of limitations had expired. The statute of limitations is the legal equivalent of "speak now or forever hold your peace," at least in a court of law. The statute of limitations for sexual offenses in 2015 ranged between 5-20 years, however, 16 states had no statute of limitations for rape. I guess we are to assume Cosby chose not to pursue any women from those 16 states.
I must also be mindful of the proverb, "hell has no furry like a woman's scorn," which may be sexist by today's standard, but still might be relevant. Some people are particulary attracted to celebrity. It's conceivable that some of the accusors willingly participated in exchange for the promise of a a career that never materialized or a continued relationship only to be slighted. Some accusors may have simply jumped on the bus for notoriety, social media fame or monetary gain. People do lie and sometimes there are misunderstandings about what happened; which is why allegations must be proven in court.
Andrea Constand sold her right "speak now" in a court of law for $3.38 million when she signed that confidentiality agreement. That is a proven fact, however, the accusors have proven nothing! Regardless of what the court of public opinion has determined, Dr. Cosby is innocent under the law and by that standard, Phylicia Rashad's statement was true.
