Wednesday, May 20, 1998

Wallace’s son
found liable

It's ruled that he violated the
civil rights of an African-American fan
during a 1995 UH basketball game

By Linda Hosek
Star-Bulletin

The son of University of Hawaii basketball coach Riley Wallace violated the civil rights of an African American fan in 1995 when he called him a "nigger," the Hawaii Civil Rights Commission has ruled.

In a decision released yesterday, the commission found that Robert Wallace, then the team's student manager, was personally liable as a university representative for his discriminatory acts against Eric White.

The five-member commission also found that the university was liable for Wallace and ordered the two to share $10,000 in compensation to White, who was a booster club member.

It also faulted the university for not taking immediate corrective actions after Wallace's racial slur and ordered it to pay $20,000 in compensation, an increase of $10,000 over a preliminary decision by the commission's hearing examiner.

"The commission's ruling recognizes that people who go to places of public accommodation such as a sports arena have a right to enjoy the event without the fear of discrimination by race," said Cheryl Tipton, the commission's attorney.

Tipton also said the ruling sends a message that owners of public places have to correct problems of discrimination, adding: "It was clear the state just dropped the ball. The state knew a slur had been made and just made it worse by not doing anything."

Russell Suzuki, the deputy attorney general representing the university, could not be reached for comment.

Jeffrey Portnoy, Wallace's attorney, argued that Wallace apologized and that the university handled the incident appropriately by suspending him as a student manager.

He said he was disappointed by the commission's ruling, but not surprised by it. He said the commission was pushing its view of civil rights and characterized the $30,000 award to White as "ludicrous" and "mind-boggling."

"It's clear the commission is using this as a test case to extend the law beyond what comparable jurisdictions on the mainland do," he said.

He said he had not talked about the ruling to Wallace, who works in hotel management in Nevada. But he said he would recommend that Wallace appeal to the courts, "where he would get a fair hearing."

Tipton said White, who temporarily relocated to the mainland for his job with United Airlines, was happy with the decision.

"The commission ordered a public apology," she said. "That's what he wanted."

The commission noted that the university and Wallace raised free speech issues. They argued that the commission couldn't punish Wallace for his racial slurs because he was acting as the coach's son and not a university employee or agent.

But the commission concluded that Wallace was acting as a university employee or agent when he used the racial slur and threatened to injure White. It also found that the combination of the slur and threat in itself inflicted injury.

Portnoy said witnesses disputed White's version of what Wallace said, including threats of violence.

He said Wallace said: "Shut up, nigger" but didn't use profanity.

The commission found that Wallace said: "Shut up you f------- nigger! I'm tired of hearing your s---." It also found that, after White responded to him, Wallace said: "Just shut up, nigger or I'll kick your ass!" White then said: "Oh, yeah, punk, come over and try it!"

Portnoy said witnesses testified that White's comments were the "worst verbal abuse ever heaped on by a spectator." He also said Wallace never tried to justify his comments.

The commission found that White's comments, directed at Coach Wallace when the team was trailing, included: "You're a dinosaur coach!" "You're blowing it!" "You don't know what you're doing." "Stupid move!"

The incident occurred Feb. 18, 1995, at the Stan Sheriff Center during a basketball game between the University of Hawaii and University of Utah.

White, who had attended every game and befriended many players, sat close to the team and loudly criticized the coaching.

The commission noted that the arena manager didn't ask White to quiet down, believing that his remarks were irritating, but not offensive.

It also noted that Rob Wallace believed the comments were attacks on his father and yelled the racial slur near the end of the game.

"As the coach's son, it is understandable that he would want to defend his father," the commission wrote. "However, the words he used are inexcusable."

The commission found that White tried to file a complaint with UH, but the arena manager wouldn't accept it. It also found White complained to the UH athletic director, who suspended Rob Wallace.

Commission members found that UH treated the matter differently because of Wallace's relationship to the coach.

They also noted that White tried to talk to the coach about the incident, but was told that his son had suffered enough and advised White to "do what you have to do."