Court upholds judgment
for racial slur at UH game

By Craig Gima
Star-Bulletin

University of Hawaii officials and attorneys have not decided if they will appeal a decision to the state Supreme Court upholding a $30,000 judgment over a racial slur made by basketball coach Riley Wallace's son at a UH basketball game.

Robert Wallace, who was the basketball team's student manager, called fan Eric White a "nigger" near the end of a game against the University of Utah on Feb. 18, 1995, at the Stan Sheriff Special Events Arena.

Circuit Judge Bambi Weil ruled White was acting as an agent of the university when he made the comment and upheld the monetary award against the university and Robert Wallace.

"People have the right to expect that when they go to events in places of public accommodation they're not going to be subjected to any kind of discriminatory conduct," said Cheryl Tipton, the Civil Rights Commission attorney who argued the case.

Robert Wallace's attorney, Jeffrey Portnoy, had a mixed reaction to the decision.

Portnoy said he was disappointed the judge upheld the monetary award, but pleased about some aspects of the ruling.

"We won a significant battle but we're still losing the war," he said.

Portnoy said the judge ruled Wallace did not intentionally attempt to discriminate against White and had no intent to harm him. He also is pleased that the judge said Wallace was not acting as an employee of the university in his capacity as student manager.

That could have opened the door to actions against players and others on scholarship, he said.

"What happens if a player throws a punch on the court against the opposing team?" Portnoy asked. "What happens if the player calls the opposing player a name? That would have potentially subjected the university to fines or damages."

Tipton said the Circuit Court decision is a message to the operators of all places of public accommodation -- like arenas, restaurants and similar businesses --that they have an obligation to prevent discriminatory conduct.

The commission's original decision faulted the university for not taking immediate corrective action after Wallace's slur. The commission also noted that Wallace was angry at comments White made about his father's coaching.

Tipton said White now is living in Los Angeles and will be notified of the decision by mail.

Wallace and his father were not available for comment.