CAUGHT WITH THEIR PANTS DOWN: RACIAL PROFILING AT J.C. PENNEY’S

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by Chris Stevenson

A consumer racial profiling complaint filed in July, 2003 in the Western District of New York against J.C. Penney’s by Nakiesha Jones, an African-American woman of Buffalo, New York, alleges that J.C. Penney’s Department store security personnel Nicholas A. Goodwin and Paul Meerboth, pursuant to J.C. Penney’s store policy, engaged in racial profiling and video surveillance of her for no reason but for her race, resulting in her being falsely arrested and charged with shoplifting.

Finding herself charged with the shoplifting of two pair of pants, arrested and jailed, Ms. Jones retained Buffalo criminal defense attorney, Glenn E. Murray, Esq. The prosecutor, having secured a copy of the store surveillance video tape, which tape conclusively established Ms. Jones’ innocence, sought dismissal of all charges in the interest of justice. Ms. Jones’ attorney, Mr. Murray, at the request of his client, objected to the prosecutor’s request for dismissal and, conversely, insisted that his client, who was innocent, be allowed a trial for an opportunity to fully exonerate herself.

On July 16, 2002, Town of Amherst, Justice William Waible, over defense counsel’s objections, granted the prosecutor’s request and dismissed all charges against Ms. Jones.

Subsequent to dismissal of criminal charges, Ms. Jones retained Buffalo attorney Richard Baumgarten, Esq., who filed a consumer racial profiling civil rights law suit.

The shocking video footage (which may be viewed at the web cite address: www.racialprofilingatjcpenney,com shows the outright blatant disregard and disrespect by J.C. Penney’s personnel towards the rights of minorities as they (African-American shoppers), for no apparent reason other than their race, were racially profiled, followed and pursued throughout the J.C. Penney’s Department store by video surveillance.


With regards to Ms. Jones, the video tracks her as she casually picks out clothing. Two pairs of slacks are already in hand at the time the camera picks up her image. She takes two more off the racks, goes to the women's shirts, and eventually enters the dressing room with the items of clothing. Meerbooth and Goodwin, for their part, focus the camera outside the women’s dressing rooms. The camera breaks boredom by sweeping through other areas of the department store populated by caucasian shoppers, focusing on none, and then returns to the dressing room entrance to await Ms. Jones’ exit. Ms. Jones eventually returns with the items of store clothing and returns them to three separate racks. Final video surveillance of Ms. Jones depicts her leaving the store with no JC Penney’s items in her possession.

The complaint filed in federal court alleges that after Ms. Jones exited the Clarence J.C. Penney store that she was followed and apprehended by J.C. Penney’s security and subjected to an in-store search, which revealed that no stolen property was found on her person, bag, or purse. Nevertheless, her lawsuit charges that the two J.C. Penney’s loss prevention officers conspired together and charged Ms. Jones with the crime of petit larceny otherwise known as “shoplifting”, knowing full well the charge was not true. Ms. Jones was arrested, jailed and released on bail some three hours later, followed by months of prosecution at the behest of J.C. Penney’s.

Other recent lawsuits against J.C. Penney’s stores alleging similar racial pro-filing practices were filed by Ms. Paula Mayes, 45, who alleged in her complaint that she was falsely accused of shop-lifting, slammed into a wall and pushed to the floor after she exchanged a belt at a J.C. Penney’s store in Jacksonville, Fla., and by Ms. Claudie Pierre, of Queens, New York, who alleged in her complaint that after leaving the store without making a purchase, she was approached by J.C. Penney security guards on the street, accused of shoplifting, and verbally and physically abused. Although a search revealed no stolen merchandise, Ms. Pierre was not allowed to leave the detention area for nearly three hours.

In commenting on the effects of racial profiling upon a racial profiling victim, by quoting from a Boston College Third World Law Journal - article, “Shopping While Black: Applying 42 USC 1981 to Cases of Consumer Racial Profiling,” Rogers Hicks, a paralegal, who aided attorney Murray with the criminal defense representation of Ms. Jones and is presently assisting attorney Baumgarten with Ms. Jones’ civil rights case, explained: “[A] pernicious breed of racism persists, in spite of earlier efforts to eradicate discrimination. Today, discriminatory conduct masquerades as legitimate business practice.  Perhaps more damaging to the victim’s psyche, subtle racial profiling defies detection and remains largely unchecked.”

This writer contacted the J.C. Penney’s Clarence store manager, Darlene Lydecker, for comment. Ms. Lydecker, in turn, referred the matter to J.C. Penney’s counsel, Michelle Snyder, Esq., (FELDMAN, KIEFFER & HERMAN, LLP). Ms. Snyder has declined to return telephone calls.