{"id":51,"date":"2006-10-19T06:01:23","date_gmt":"2006-10-18T21:01:23","guid":{"rendered":"http:\/\/www.debito.org\/?p=51"},"modified":"2017-09-10T18:29:48","modified_gmt":"2017-09-11T04:29:48","slug":"mcgowan-case-steve-wins-case-on-appeal-at-osaka-high-court","status":"publish","type":"post","link":"https:\/\/www.debito.org\/?p=51","title":{"rendered":"McGowan Case:  Steve wins case on appeal at Osaka High Court"},"content":{"rendered":"<p>Good news at last. Comment follows at bottom:<\/p>\n<p>ARTICLE BEGINS<br \/>\n==========================<\/p>\n<p><strong>African-American wins Y350,000 in damages for being denied entry into Osaka shop<\/strong><br \/>\n<strong>Japan Today, Wednesday, October 18, 2006 at 19:41 EDT<\/strong><br \/>\nhttp:\/\/www.japantoday.com\/jp\/news\/387820\/all<br \/>\nCourtesy Kyodo News<\/p>\n<p><strong><em>OSAKA \u2014 The Osaka High Court ordered an Osaka optical shop owner to pay 350,000 yen in damages to an African-American living in Kyoto Prefecture for denying him entry to the shop in 2004, altering a lower court ruling in January which rejected the plaintiff&#8217;s damages claim.<\/em><\/strong><\/p>\n<p><strong><em>Presiding Judge Sota Tanaka recognized the owner told Steve McGowan, 42, a designer living in the town of Seika, to go away when he was in front of the shop, and acknowledged damages for McGowan&#8217;s emotional pain, saying the entry denial &#8220;is a one-sided and outrageous act beyond common sense.&#8221;<\/em><\/strong><\/p>\n<p><strong><em>However, the remark &#8220;is not enough to be recognized as racially discriminatory,&#8221; he said. McGowan had demanded 5.5 million yen.<\/em><\/strong><\/p>\n<p><strong><em>According to the ruling, the owner told McGowan to go away to the other side of the road in a strong language several times when he was about to enter the shop with an acquaintance in September 2004.<\/em><\/strong><\/p>\n<p><strong><em>The plaintiff had claimed the owner said, &#8220;Go away. I hate black people,&#8221; but the ruling dismissed the claim, as the possibility that he misheard the owner cannot be eliminated.<\/em><\/strong><br \/>\n<strong><em> A plaintiff attorney said, &#8220;It&#8217;s unreasonable that discrimination was not recognized, but the court ordered a relatively large amount of damages payment for just demanding the plaintiff leave the shop. It seems that the court shows some understanding.&#8221;<\/em><\/strong><br \/>\n==========================<br \/>\nARTICLE ENDS<\/p>\n<p>COMMENT:<br \/>\nI am very happy Steve McGowan appealed his case, as it shows just how ludicrous the previous District Court ruling was last January.<\/p>\n<p>Full information on the case at<br \/>\n<a href=\"https:\/\/www.debito.org\/mcgowanhanketsu.html\" target=\"_blank\" rel=\"noopener\">https:\/\/www.debito.org\/mcgowanhanketsu.html<\/a><\/p>\n<p>The previous decision disqualified McGowan and his wife as credible witnesses to any discrimination, by ruling:<\/p>\n<p>1) McGowan&#8217;s testimony inadmissible, as he apparently does not understand enough Japanese to reliably prove that the store-owner used discriminatory language toward him.<\/p>\n<p>2) McGowan&#8217;s wife&#8217;s testimony as negatively admissable. In her follow up investigation, McGowan&#8217;s wife didn&#8217;t confirm whether the store-owner had excluded McGowan because he is black (&#8220;kokujin&#8221;); she apparently asked him if it was because her husband is *foreign*.<\/p>\n<p>Put another way: A guy gets struck by a motor vehicle. The pedestrian takes him to court, claiming that getting hit by a car hurt him. The judge says, &#8220;You weren&#8217;t in fact hit by a car. It was a truck. Compensation denied.&#8221;<\/p>\n<p>This was a huge step backward. As I argued in a Japan Times column (Feb 7, 2006, see <a href=\"https:\/\/www.debito.org\/mcgowanhanketsu.html#japantimesfeb7\" target=\"_blank\" rel=\"noopener\">https:\/\/www.debito.org\/mcgowanhanketsu.html#japantimesfeb7<\/a>), the McGowan decision thus established the following litmus tests for successfully claiming racial discrimination. You must:<\/p>\n<p>* Avoid being a foreigner.<\/p>\n<p>* Avoid being a non-native speaker of Japanese.<\/p>\n<p>* Have a native-speaker witness with you at all times.<\/p>\n<p>* Record on tape or video every public interaction you have 24 hours a day.<\/p>\n<p>* Hope your defendant admits he dislikes people for their race.<\/p>\n<p>Actually, scratch the last one. The eyeglass shop owner did admit a distaste for black people, yet the judge still let him off.<\/p>\n<p>Now this High Court reversal sets things back on kilter, although it pays McGowan a pittance (35 man yen will not even cover his legal fees!) and will not acknowledge the existence of racial discrimination.<\/p>\n<p>That&#8217;s a shame. But it&#8217;s better than before, and far better than if he did not appeal. Gotta pray for the small favors.<\/p>\n<p>Thanks to Steve for keeping up the fight! Arudou Debito in Seattle, USA<\/p>\n<p><!--7b4de4d6d76fb2fe0bf3f6c9fc97bd67--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>OSAKA \u2014 The Osaka High Court ordered an Osaka optical shop owner to pay 350,000 yen in damages to an African-American living in Kyoto Prefecture for denying him entry to the shop in 2004, altering a lower court ruling in January which rejected the plaintiff&#8217;s damages claim.  Presiding Judge Sota Tanaka recognized the owner told Steve McGowan, 42, a designer living in the town of Seika, to go away when he was in front of the shop, and acknowledged damages for McGowan&#8217;s emotional pain, saying the entry denial &#8220;is a one-sided and outrageous act beyond common sense.&#8221;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[67,54,28,43,34,35,5,15,11],"tags":[],"class_list":["post-51","post","type-post","status-publish","format-standard","hentry","category-embedded-racism","category-pinprick-protests","category-anti-discrimination-templates","category-bad-business-practices","category-exclusionism","category-good-news","category-human-rights","category-lawsuits","category-problematic-foreign-treatment"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/51","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51"}],"version-history":[{"count":2,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/51\/revisions"}],"predecessor-version":[{"id":14741,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/51\/revisions\/14741"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}