|
Racist Tempe Rulers lose lawsuit http://www.azcentral.com/community/tempe/articles/0715tr-settle0715Z10.html
City-bias case winners get damages, apology
Katie Nelson More than a year after a jury awarded $2.4 million in a racial discrimination case against Tempe, the nine current and former Public Works employees who won the case will get their reward and actual resolution. On Friday, the city announced the two parties have reached a settlement. The total is less than the original jury award, but that doesn't disappoint, many on the plaintiffs' side said. "Even though it was about money, it was more about principle," said Stephen Montoya, who represented the nine Hispanic men who contend they and others were discriminated against for years. "Money wasn't the biggest issue here at all," said plaintiff Raul Trevino, 52, who worked for the city for 16 years. "It was for them to be aware this happened to us, and no one should ever be treated like that. "I'm really glad it's over. It brought back a lot of bad, bitter memories. But we were victorious, and now we're pioneers, the first of the city employees to bring this up, and we won. "We proved to them this wasn't just something we just made up. We just took it for a long time because not all of us were educated and we have families to feed and support, and we just had to take it. But sooner or later you can only take so much." The announcement may end a passionate battle that has been taking place within the city for more than seven years. It started in February 1999, when three Public Works workers filed grievances that spurred inquiries by an outside attorney, the state Attorney General's Office and the U.S. Equal Employment Opportunity Commission. Then, a group filed the federal bias lawsuit in 2002. There were initially 12 plaintiffs, but one plaintiff died and two others dropped out of the lawsuit. Judge Roslyn Silver heard the case beginning May 24, 2005. The testimony and evidence presented by the plaintiffs during the month-long trial painted a picture of stark unrest. Racial slurs, guns, knives, retaliation, threats and both blatant and subdued discrimination were all commonplace, they said. The city countered, contending the workers were well paid and had chosen to work in segregated groups. City attorneys also hinted the racial allegations were part of an internal power play against a city "no U-turn" policy. The jury of six women and one man deliberated for four days before deciding June 30, 2005, for the nine employees. An award of $2.4 million was supposed to be split among the plaintiffs in varying amounts, depending on the amount of perceived discrimination. The city's insurance company, Royal Indemnity, Co., had begun to pursue an appeal after balking at paying the award. If it had stood, the city would have paid $1 million out of reserves. The insurance company would have covered $1.4 million. But before an appeal was approved, both sides agreed to mediate, using a well-known and well-liked former judge, Larry Flieshman. Friday's announcement also brings two words that might mean more than the money: I'm sorry. The plaintiffs, backed by many community activists, had been asking for a public apology since the jury's portion of the court case closed. Although several City Council members conveyed the sentiment indirectly, the official line from the city was that the topic was legally off-limits. An admission of guilt was said to hinder any pursuit of an appeal of the court decision. But Friday marked a public change of heart: "The city regrets the improper treatment that these members of our community received in the past and apologizes for those past acts," a statement released Friday said. City officials declined to comment beyond the prepared statement. "I'm glad. I'm so glad," said Randy Bologna, 60, who was awarded the largest amount by the jury. "That apology means they finally take responsibility like they should." It's doubtful the ramifications from the Amaya vs.City of Tempe case will go away anytime soon. So far the allegations of racial bias led to the ousting of former City Manager Gary Brown, an overhaul in the Public Works Department and the birth of Tempe's Diversity Office. Now, community members and city leaders alike say they hope the city can move on. "I personally believe that the city is committed to make sure this never happens again and is proceeding to make sure there is a non-discriminatory work environment in the city of Tempe," Montoya said. "They are in the position to make a fresh start. I'm very hopeful." |