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American Morning

Maryland Legislator Sues Bar For Racial Discrimination

Aired March 29, 2002 - 07:51   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: We are going to turn now to racism at home and a phrase from the days of segregation, "Get to the back of the bus." Words you wouldn't expect to hear today, now decades after the tumultuous '60s in the civil rights era.

But Maryland legislator Talmadge Branch says he heard something very close to those same words just last year, while at this bar in Florida. Now, Mr. Branch and his lawyer, Willie Gary, are seeking $30 million in damages. And Willie Gary, the attorney, joins us from Memphis. The owners of the bar, Diane and David Holton, declined our invitation to come on the show -- good morning, Mr. Gary.

WILLIAM GARY, BRANCH'S ATTORNEY: Good morning.

ZAHN: And I want to make it clear to our audience that we are trying to get Branch's signal up as well, so he can join in the conversation. But first off, let's talk about what your client is after. Last spring, the Holton's liquor license was revoked. They lost their business. They paid a $15,000 fine. They have written an apology in a local newspaper. What more do you want?

GARY: Well, I think $15,000 is really peanuts. It's insignificant. Money is insignificant, $30 million is insignificant. We will probably even never get $30 million. The big picture here is that here it is, some 30 years after the death of Dr. King, you would still have an establishment that would have an area designated for colored people. And if you walk in the front door, you were told that just because of the color of your skin, you are told that you cannot be served. You are colored. And we have a place in the back of the place, back of the establishment, for people like you, because of the color of your skin.

So that's the issue here. This is a bigger issue than money. I know Dr. King would not throw the towel in. Delegate Branch is not going to throw the towel in. We are making a difference. We are looking to make a difference. We are looking to make sure that we protect the good people, both black and white, that are doing everything that they can to make sure that something like this will not happen again.

ZAHN: All right.

GARY: $15,000 is a smack on the wrist. I mean, these people will be in business next week. They'll be in another business. They'll get another liquor license. They will team up with someone else, and they will continue to do things like this. We have to send a message, and it's sad to say it. It's really sad to say it, but the only thing that most people in business like this will understand is when you hit them in their pocket, and then they will stop.

ZAHN: You say you're not going to throw the towel in, but the bottom line is the Holton's aren't millionaires, and the bartender you are suing actually died two weeks ago.

GARY: Well, first of all...

ZAHN: How much money would be enough? You got the $15,000. They are not millionaires. When will you stop the fight?

GARY: You are missing the point. It's not about the money. It's about making a statement. It's about -- I think we have an obligation as lawyers to be about more than money. We must help shape society. And if you think that $15,000 and taking a liquor license is enough in a situation like this, then we just have differences in opinions. I don't think that does a lot of -- good white people in the city of Perry doesn't feel that either, because that is not going to stop the situation.

You know, you can move on. You can say, well, hey, they got fined $15,000 and that's it. I happen to think that's not the end of it. So there is a bigger picture here, and it has to be dealt with. You know, to prevent things like this is what Dr. King and other people, both black and white, fought all over the southland. They died just to make a difference, to prevent something like this.

And here is it, 50 years later, you have an establishment that's been doing this for 50 years, saying to black people, you've got to go to the back. We can't serve you. We can't even give you a glass of water. You can't drink out of the same glass. Wait a minute. There is no place for that in America. It's not good. This is not a black and white issue either.

ZAHN: All right.

GARY: This is about what's right.

ZAHN: If I could, sir, I'd like to read to you a statement that the Holtons released early this morning. They declined to appear on the air, but they said: "Mr. Talmadge Branch" -- of course your client -- "an African-American patron visiting our establishment was not accorded an appropriate level and manner of hospitality. The incident should not have happened. We apologize from the bottom of our hearts."

Are you not accepting their apology on any level?

GARY: We accept their apology. There is no doubt about that, and that's good that they did that. The truth of the matter is, is I just don't know how genuine that is in light of the fact that they know that litigation is pending, No. 1. And No 2., that what they have done is just totally uncalled for. So I don't put a lot of credence in that as a matter of fact. I'd be willing to bet you...

ZAHN: Sir, but we just have unfortunately...

GARY: I'd be willing to bet you that that statement was issued by their lawyer.

ZAHN: All right. We have just got 20 seconds left. Some people are accusing your client of using this to further his political career. I need a real quick response to that.

GARY: That's not true. It's totally untrue. If you think that to discriminate against black people -- this man is standing up for what is right, he is standing up for justice is just to enhance his political career is ludicrous. It's crazy.

ZAHN: All right.

GARY: He is going to fight. He is not going to throw the towel in.

ZAHN: All right. William E. Gary, we very much appreciate your time this morning. Sorry we couldn't get your client up, Talmadge Branch out of Baltimore, but we will try to converse with the two of you sometime soon -- thanks again for your time this morning.

GARY: Thank you very much.

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