Oberlin College doesn't have a leg to stand on--and if there's any justice in the world, the Gibson family will take their wheelchair.
You might recall the case. Some students of Oberlin College attempted to shoplift in Gibson's Bakery. Bakery employees stopped them, and the case was somehow turned into a "Gibson's is racist" situation. The college itself entered the fray, on the side of the shoplifting students! The Gibsons sued the college and won a huge settlement; Oberlin, which seems unable to pay the settlement, appealed, and lost big time:
“The Gibson family appreciates the Court of Appeals’ thorough and thoughtful analysis which rightly rejected all of Oberlin College’s and Dean Raimondo’s challenges on appeal.”
It was a devastating opinion. Here are the appropriate sections in the ruling pertaining to libeling the Gibsons as racists:
{¶31} Oberlin has argued that the flyer and Senate Resolution contained only opinions, but it has focused its arguments throughout this case on statements alleging merely that the Gibsons were racists. Despite Oberlin’s arguments to the contrary, the potentially libelous statements in this case include much more than calling the Gibsons “racists.”
{¶32} The trial court determined, as a matter of law, that both the flyer and the Senate Resolution were not statements of constitutionally protected opinion but were defamatory per se. The trial court focused on the statements about the Gibsons and their bakery having a history of racial profiling and discrimination toward students and residents and the statements about an “assault[]” of a student by an owner or owners of the bakery.
* * *
{¶37} Given the public’s lack of knowledge of what had happened at the bakery and the ongoing tension on campus about racial injustice, these statements would convey to a reasonable reader that the arrest and alleged assault at the bakery were racially motivated, that the Gibsons had a verifiable history of racially profiling shoplifters on that basis for years, and that those facts were a reason to boycott the bakery. The trial court did not err in concluding, as a matter of law, that these were actionable statements of fact, not constitutionally protected opinion. Consequently, it did not err in denying Oberlin’s motion for JNOV on this basis.
How much longer will this college last as an entity? Hopefully not much longer.
4 comments:
Considering their history in the US, I doubt they will be closing their doors anytime soon. But their influence may be greatly diminished due to their arrogance.
If there was actual justice in the world, the Gibson's would own the college, and they could tear it down and expand their bakery.
If Oberlin the college goes down, I feel sorry for Oberlin the town, population ~8,000. Without the thousands of kids and staff, Oberlin OH could become something of a ghost town.
Auntie Ann, I understand your comment. OTOH, I wouldn't want such people near me. Perhaps someone could buy the land (from the Gibsons!) and open a Hillsdale-like college, one that doesn't encourage stealing and racial harassment.
Post a Comment