Should the Michael Richards hecklers get financial compensation?

[oberliner]

From MSNBC:

http://www.msnbc.msn.com/id/15855423/

Michael Richards hecklers tell their story
The men don’t just want an apology, they want compensation

LOS ANGELES - The controversy surrounding Michael Richards’ racist rant continues to swirl.

On Wednesday, Access Hollywood learned the former “Seinfeld” star reached out to civil rights leaders Jesse Jackson and Al Sharpton in another attempt to apologize for his behavior.

However, the targets of his rage — Kyle Doss and Frank McBride — have also reached out to someone — tenacious lawyer Gloria Allred.

[mike_c]

1. no-- they heckled his show, fer cryin out loud....

Will they argue that since they bought tickets they were entitled to act like idiots?

[Karenina]

74. How about if THEY WEREN'T the ones

who set him off...

http://www.washingtonpost.com/wp-dyn/content/article/2006/11/21/AR2006112101886.html

The irony of the insult, according to audience member Pitts: It wasn't the black guy who interrupted him. The black man sat next to the alleged heckler. Pitts told our colleague Darryl Fears the two were in a group of roughly 10 people who ambled into the Laugh Factory during Richards's routine. The comic ordered them to shut up, then asked, " 'What are you talking about?' "

The black guy spoke up: "My friend doesn't think you're funny." The loud-talking friend "was maybe Arab or Hispanic but not black," said Pitts, who was not part of the group. "The way it's been portrayed is that a group of black guys came to the club and were disorderly . . . and that's inaccurate, absolutely."

[noahmijo]

2. that's going overboard-they paid to get in they had the opportunity to just walk out

These kind of lawsuits sicken me. There is REAL racism out there I mean the type that involve true intimidation and beatings-these guys weren't intimidated or in danger they just got called some nasty names and they had every right and opportunity to say "fuck you asshole" and walk out and vow never to support Micheal Richards in anyway. Hardly the same as say having your boss call you a racist name on a daily basis.

At best these guys are entitled to their money back from the show.

Plus what kind of precedent is that? this mean I can sue the 100 or so people in my lifetime that have called me a pollock or wetback or spick?

[Solomon]

25. They have a private cause of action against Richards for

defamation. It has nothing to do with civil rights. I wish people would stop getting confused. You guys are so damned concerned that blacks are gonna find another way to be compensated for violation of "civil rights" that you all are shitting all over these guys andyou know nothing about them. It has nothing to do with civil rights. A person is entitled to sue another person in a private cause of action for what's called defamation. Defamation is an intangible injury but an injury nevertheless. It's no different than suing someone for rearending you and causing an injury.

The attitude on this thread says a hell of a lot about the value of a person of color's character, reputation, persona, etc. Not much. The vitriol is such that some even speculate that it will make people feel sorry for Richards.

[JeffR]

30. Michael Richards can go to hell

and so can anyone trying to turn a profit on being the target of his lunatic racist rant. And that should be the end of it.

Oh, and Gloria Allred should jump in front of an ambulance.

[Solomon]

38. If somebody rear ended you in your car and sent you to the doctor

would you consider suing for damages as "trying to turn a profit"?

[JeffR]

41. I'm eagerly awaiting publication of the medical report of their "damages"

that'll be fascinating. Bruised ego, perhaps. Maybe a contusion of the id. Yeah, they deserve cash alright.

[mondo joe]

42. If someone rear ended me and sent me to the doctor it would be easy to

show the damages.

How were the hecklers reputation or character damaged?

[Richard Steele]

56. Not if I actually suffered DAMAGES. Unlike if the same person called me names.

[RetroLounge]

44. And they called him a cracker

can he counter sue?

:shrug:

RL

[JeffR]

45. Could go all the way to SCOTUS

At least it'll keep them distracted from finding a reason to overturn Roe V. Wade...

[madmusic]

63. Interesting cases....

Calling a sarcoidosistic worker a "cocksucker with a two inch dick," a "dago guinea" or a "short, ugly and stupid Italian" was not defamatory. However, employer could be sued for a supervisor's same-gender harassing language, creating a hostile environment. Grillo v. John Alden Ins., 939 F.Supp. 685 (D.Minn. 1996). {N/R}

Suit against mayor for stating that a police applicant "flunked" the exam and was a "lunatic" fails. Suppan v. Kratzer, 660 A.2d 226 (Pa.Cmwlth. 1995). <1996 FP 60>

Two police officers win $1.2 million for enduring false rumors they were romantically involved. City took more than a year to finish the investigation; EEOC requires employers to take prompt action. Baker v. City of Oceanside, San Diego Co. Super. Ct. #N56730, 33 (1605) G.E.R.R. 341 (1994); Simpson v. City of Oceanside, San Diego Co. Super. Ct. #N56726 (1994). <1995 FP 85>

Councilman who publicly called chief a "dumb son-of-a-bitch" and "incompetent" did not commit a slander. Finck v. City of Tea, 443 N.W.2d 632 (S.D. 1989).

Ninth Circuit upholds the right of a police officer to sue entertainer George Michael for slander and the intentional infliction of emotional distress. The singer accused the undercover officer of provoking Michael's lewd conduct in a public toilet. Rodriguez v. Panayiotou, #00-56923, 2002 U.S. App. Lexis 24352 (9th Cir. 2002). <2003 FP Feb>

http://www.aele.org/law/Digests/empl38.html

It's all over the place, but looks to be work related, and so far, none from a entertainer at a club.

[noahmijo]

72. What "Damages" were suffered?? THAT is the point

What an ignorant thing to say to accuse me of being concerned about blacks or any other race for that matter. With talk like this from you I bet I could give YOU a little schooling on racism and what REAL racism looks like from my own persoal experiences-it's a little different than what you might imagine in your safe little corner.

With your logic comparing defamation and being rear ended I'd like to hear you make that distinction to an audience packed with people who can't walk the same since a comparable accident.

It is absolute LUNACY to think that what Micheal Richards did is anywhere even in the same ballpark as being responsible for someone being physically impaired and as far as mentally is concerned did those two guys break down and cry? are they so shaken that they need therapy now? I was called far worse than the two "victims" in this situation and I didn't have an audience to back me up were anything serious to spawn from the situation-what makes these two more special?

The point is there are no real damages and it has to do with setting a dangerous precedent which does nothing more than further fan the flames of what we're trying to avoid that is REAL racist actions. How would these two being compensated help further the fight against the kind of racism that causes actual damage?

I don't feel sorry for Richards I have lost complete and total respect for him as a man I will never indulge myself in anything he belongs to anymore, but these guys who were his targets they will live and they will also live with the knowledge that if anyone's character got destroyed that night it was Micheal's not theirs-you see the media attacking Micheal or the two guys? that says it all right there as to who is getting the shaft on this one and it is well deserved.

[Captain Hilts]

3. No, they ruined the show for others. nt

[Wonk]

4. I'd say they're due the price of their tickets back, if that, but nothing more.

[kiahzero]

5. I've yet to see their cause of action.

Could it be because they don't have one?

[mondo joe]

6. What precisely would they be compensated FOR?

Hurt feelings?

Feeling offended?

[TK421]

64. Exactly....I don't understand where the actual compensation part comes

in here :shrug:

[MrPrax]

7. Compensated! For what...?

Arrogant of them to think they aren't guilty of something...how about rude, discourteous young men whose behaviour was ALSO offensive, but for different reasons.

The nerve!

[mondo joe]

13. I'd love to see Judge Judy on this case. eom

[CatWoman]

16. don't piss on my leg and tell me it's raining

:hi:

[William769]

8. No.

[tuvor]

9. I suppose they're entitled to a refund.

[Stu DeBeouf]

10. Not financial...

Kramer needs to march his ass down to an organ bank and give a kidney...only after this is announced, will I ever watch Seinfeld again.

[CatWoman]

18. OMG!!!

loving that pic!!! :rofl:

[Stu DeBeouf]

33. I call it...

The Village Idiot People.

[brettdale]

11. They shouldnt get one cent

That is crazy. Sticks and stones.

[nini]

12. This will automatically get people to be sympathetic to Richards

and wonder now why he got so pissed off at what 'they' did. Doesn't justify what he said, but it will make people wonder what led up to it now.


This kind of crap is a fucking insult to the judicial system.

[Disturbed]

14. Kramer can counter sue for them calling him

a "motherfuckin' cracker". I bet that hurt his feelings. :crazy:

[tinfoilinfor2005]

17. Yes. Miss Gloria (jump on the ambulance) is going to hurt their cause.

I'm sure she approached them, and it was a stupid thing to do. It will garner sympathy for Richards where as his goose was good and cooked.

[Hieronymus]

15. NO

[SoCalDem]

19. Nope. they got their "15 minutes"..they got a refund..

and they now know better than to even go see him "perform" again..

(his future performances are likely to be in his own living room )

[RoyGBiv]

20. Of course not ...

Michael Richards needs his career to die, but financial compensation for being offended is absurd.

[seabeyond]

21. NO.. and i was firmly in the camp it was disgusting wrong and

made me sick what i heard. no i do not think they should get financial compensation. but then we have the courts to decide these things. i also think these are the kinds of things cloggin up courts that we shouldnt do. but... it is our system.

[bigtree]

22. should folks stop exploiting this?

[pokerfan]

23. Interesting

‘Hey, my friend doesn’t think you’re funny.’

That's considered heckling? I thought that they called him a cracker. Is there a youtube video of the heckling? All I've seen is Richards flipping out.

Still, I'm pretty dissapointed in Richards. That outburst came from a pretty dark place.

[hiaasenrocks]

24. No. And Allred is a shrill, attention-driven hack.

[MazeRat7]

26. No.. and its not compensation they want.. its a handout. (n/t)

[drb]

27. Give 'em a refund and two free drinks for the next show.

nt

[H2O Man]

71. Best answer.

Thanks.

[Starbucks Anarchist]

28. Aside from a refund, no way.

[laundry_queen]

29. I'm surprised at some of the comments here.

According to the 2 young men, when they were on CNN this evening, Richards was the one who started heckling. They said they were ordering drinks (Which happens in a comedy club!) and Richards said something about the black people and mexicans being too loud over there (or something to that effect). It was only then his friend started with "we don't think you're very funny" and thus started the tirade.

When asked if they should get financial compensation, their response was that comments like Richards should not be left to stand, and that an apology wasn't enough for what they were put through that night, it was demeaning and embarrassing, he should be punished for his remarks and that going after his finances may or may not be the way to do it.

And if you've ever been to a comedy club, there are always hecklers. If you can't handle that, then you shouldn't be a stand up comedian. Period. A good comedian will smack down the hecklers with wit and comedy, not a racist tirade.

[mondo joe]

34. But what would they be compensated FOR?

How were they harmed? Being offended is not sufficient.

[laundry_queen]

48. Maybe I'm naive.

Here in Canada that would qualify as hate speech. It's far more than 'just being offended'. YMMV though I guess.

[mondo joe]

49. In the United States we have the First Amendment.

Simply saying something offensive is not a crime.

[laundry_queen]

51. I understand the first amendment.

Thanks.
I'm saying this is beyond what is simply offensive. If they believed they were being targeted with hate, then they have every right to seek compensation for their upset. Especially since this has now become national news. That is also the right of these citizens in your free country.

[mondo joe]

53. They have the right to seek compensation for anything - anyone can

sue for anything. Succeeding is another matter altogether.

And I believe they'd need to show more than upset - they'd need to show damages.

[Vorta]

67. No, what you are saying is "I understand free speech, except....."

The only exception to free speech in the US in a direct threat to or on someone's life.

[laundry_queen]

52. Oh and also.

I have no idea who Gloria Allred is and I'm not advocating Michael Richards be charged with a crime. I'm saying since this lawsuit seems to be the young men's only recourse, then they have every right to pursue it.

[mondo joe]

55. Again, they have the right to sue anyone for anything.

That doesn't mean they are entitled to compensation in the least, which is what the OP asked.

[laundry_queen]

58. And if they donated the money

to a civil rights group? Would their lawsuit meet with less criticism?

[mondo joe]

59. I don't know -- but you're making quite a leap to them getting ANY money.

I don't think they have a case. No damages.

[Vorta]

69. You are still punishing speech. Giving the money to a political group doesn't make that acceptable.

[Vorta]

68. In Canada an unsuccessful frivolous suit costs the plaintiff, right?

[-..__...]

31. Say what?

This is lewd, lascivious, salacious, outrageous!

[johnfunk]

32. Yes -- from Trent Lott, George Allen, and other Neoconfederate bigots!

Now THAT's what I call reparations!

[-..__...]

35. How about a dime?

And not a dollar more?

[The Gunslinger]

36. No

THen I demand $$ every time someone calles me a name. What he did makes him a bigot scum, but thats where it ends. He'll be punished. he'll never find work again. He'll get his. But suing..........no way.

[ncabot22]

37. No, I don't think so

It is horrible what happened to them, but I don't think they are entitled to anything more than a refund.

[LaPera]

39. If I was called Whitey/White boy etc. by a black comedian on stage

that I was heckling, should I receive compensation?

[JeffR]

46. If it should happen

take two aspirin and call Gloria Allred in the morning.

[aikoaiko]

40. No.

[Catherine Vincent]

43. They should be compensated but not financially.

n/t

[-..__...]

47. Compensated?!? how?

How about "they should be hung upside down with a fork up their ass" for even pursuing such a thing.

:sarcasm:

"Compensation"...

What a fucking joke.

[S n o w b a l l]

50. Hell no!

I'm a white woman that was married to a black man for 13 yrs. If I sued for every "defamation of character" I experienced, I'd be a billionaire. I've even been spit on walking down the street with my husband...now THAT is emotional abuse. These assholes exploiting this on every talk show and hiring Gloria Allred make me ill. Whiney babies!

[Dorian Gray]

54. No.

What he said to them is awful and it's socially harmful. I don't see what a financial windfall will do, however.

[slowry]

57. The guy flipped out...

... and made a decision to be as offensive as he knew how. It was offensive. It was extremely offensive. That doesn't mean he meant a damn word. Call me an apologist, but if you believe that "his inner massive racist came through", you're kidding yourself. I think it's sad to see everyone here reassuring themselves they aren't racist, by calling for all sorts of punishment for what was simply a disgusting diatribe (which admittedly had the potential to get ugly, but it was a "character" nonetheless).

[Blue-Jay]

60. So now it's OK to sue someone for being a stupid bigot?

Seriously, What. The. Fuck?

It's a free country, and Richards is free to be a bigoted sonuvabitch.

Gloria Allred thinks that she can sue someone for being an asshole? I'll tell you what, Gloria... Suck my nuts. Go ahead and sue me. I dare ya.

[mondo joe]

62. This guy hopes not....

[donheld]

61. Did Mel Gibson's victim of his outburst get financial compensation?

I very much doubt it.

[KharmaTrain]

65. These Dudes Should Be Throwing Money At Richards

They were all over TV...got the gold digging attorney now. I bet they already have a book deal and then the movie and boxed set.

A week ago they were probably lucky to be able to score a couple tix to the Comedy Store, now they want to own the place? Sheesh.

So if they collect, can I do the same for anyone who calls me a "dirty Jew" or can I retroactively sue some bigots I knew?

[Vidar]

66. No, Richads was an ass & has already damaged his own career.

Why should the hecklers' bad behavior be rewarded?

[Vorta]

70. IS it my faulty memory, or was Gloria ALlred sane and useful many years ago? nt

[Imagevision]

73. Why doesn't Richards just go into freegin rehab?!! geeezusss...!!

[Rex]

75. No.

Not unless they view bad comedians as a steak marinated in e coli. Can we do that?

[Initech]

76. Hell no!

[Homer Wells]

77. NO!!!!

'nuff said

[killbotfactory]

78. They should get the price of their ticket refunded.

[JacquesMolay]

79. What a couple of hustlers ....

... they walk into a club, start yelling stuff at the performer, then go on TV pitching for some money after getting called names. Tell 'em to go get a job.

[951-Riverside]

80. I'm against it because the blacks get enough handouts

...Just going along with what most disconnected assholes here are thinking. :mad:

[nini]

81. self delete

.