Paula Deen is using the Supreme Court’s Prop 8 Ruling to get the discrimination suit filed against her dismissed. Deen filed paperwork in U.S. District Court in Georgia.
Deadline’s Dominic Patten points out that although Deen’s former white restaurant employee Lisa Jackson brought the original suit against the chef, Jackson has bi-racial nieces.
Deen’s supplementary material to the earlier motion for sanction noted Chief Justice John Roberts’ opinion for the majority in the Prop 8 ruling:
“One essential aspect…is that any person invoking the power of a federal court must demonstrate standing to do so. This requires the litigant to prove that he has suffered a concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision…In other words, for a federal court to have authority under the Constitution to settle a dispute, the party before it must seek a remedy for a personal and tangible harm.”
Last week the Supreme Court ruled that Prop. 8′s legal proponents lacked legal standing based on the argument Roberts detailed in his opinion.
Patten claims on Tuesday, lawyers for Deen, her brother Earl Hiers and their co-owned Uncle Bubba’s Seafood and Oyster House sought sanctions against Jackson claiming she had no right to claim racial discrimination.
“Jackson cannot enforce someone else’s right, and she has no actionable claim for feeling ‘uncomfortable’ around discriminatory conduct directed at others,” the June 25 motion said.
“These defendants respectfully request the Court to consider Hollingsworth in its resolution of their motion to dismiss,” Monday’s four-page filing added.
Deen, her brother and their establishments are represented by William P. Franklin Jr., of Oliver Maner LLP and Thomas A. Withers of Gillen Withers & Lake LLC in this latest filing.
Lisa Jackson told CNN that her case was never about the chef’s use of racial slurs. “This lawsuit has never been about the N-word, it is to address Ms. Deen’s patterns of disrespect and degradation of people that she deems to be inferior,” said Jackson in a statement.
Deen’s use of the racial slur was revealed in a deposition she gave in the case, resulting in the downfall of Deen’s food empire.
“I may be a white woman,” said Jackson, “but I could no longer tolerate her abuse of power as a business owner, nor her condonation of Mr. Hier’s despicable behavior on a day-to-day basis. I am what I am, and I am a human being that cares about all races, and that is why I feel it is important to be the voice for those who are too afraid to use theirs.”