Thread: Judge to get tavern's 'speak English' case

He has an additional sign now - "MERRY CHRISTMAS ACLU"

http://news.enquirer.com/apps/pbcs.dll/ ... 60412/1056

Civil rights panel rules 5-0 owner is discriminating

By Jon Craig and Janice Morse
Enquirer staff writers

COLUMBUS - A unanimous Ohio Civil Rights Commission found probable cause Thursday that a Mason tavern owner discriminated against customers by posting a sign saying: "For Service Speak English."

After Pleasure Inn owner Tom Ullum, 63, refused to remove the sign, the commission referred the case to an administrative law judge.

Ullum told the five-member commission that he has posted other signs that might offend some people, including Michigan football fans, but that he has never discriminated against anyone.

For example, Ullum said, he has had Russian customers who didn't speak English but knew how to say "Budweiser" or "vodka." That sparked laughter in the audience of about 100.

The yellow sign that triggered a July complaint from Housing Opportunities Made Equal (HOME), a fair-housing agency in Mount Auburn, remained in the window of Ullum's tavern Thursday.

Just when it looked as if commissioners might be willing to negotiate a settlement, the Rev. Aaron Wheeler Sr., commission chairman, asked Ullum and his representative, K.C. McAlpin, if they would remove the sign. They said no.

McAlpin, executive director of ProEnglish language advocates in Arlington, Va., said Ullum has served "people of virtually every national origin. ... Neither of Mr. Ullum's two employees speak languages other than English. ... This is really pretty preposterous."

McAlpin called an October finding of subtle but persistent discrimination by the commission's Office of Special Investigations "a denial of his right to free expression."

"It's discrimination," Wheeler replied. "It will not be tolerated in the state of Ohio."

An administrative law judge will now recommend possible penalties, which could range from ordering the sign be removed to daily fines or court action. He can also recommend that the case be dismissed.

Winburn questions case

Charlie Winburn, a commissioner from Cincinnati, appeared willing to give Ullum the benefit of the doubt while asking the complainant why she didn't send so-called "testers" in to see if the tavern refused to serve any customers.

"We have to take emotion out of it," he said. "Is there a violation of the law? Where is your proof or evidence?''

Elizabeth Brown, executive director of Cincinnati-based HOME, said the sign speaks for itself. Some HOME representatives stopped by about noon but were told the inn didn't serve lunch. She didn't think it was necessary to gather additional evidence.

"I really think you all failed in this case," Winburn said. "I think you missed an opportunity. HOME missed an opportunity. ... We have no past practice of discrimination. We have no evidence of it."

But Commissioner Jeanine Donaldson of Lorain said, "I don't see a reason to send testers in. ... Service is being denied."

Winburn said that after the case got national attention, no one came forward to complain about service by Ullum or the Pleasure Inn, noting that Warren County has about 1,400 Hispanics and 4,200 African-Americans.

Sticks with majority

Yet Winburn joined the other four commissioners in ruling against Ullum after he remained adamant that he had a right to favor English over other languages, citing state Rep. Courtney Combs' proposed legislation to make English Ohio's official language.

In recent weeks, a second sign reading, "Merry Christmas ACLU" has been displayed in a front window of the Pleasure Inn on U.S. 42, in response to Christian groups' recent clamor over "Happy Holidays" greetings supplanting "Merry Christmas."

Asked by Winburn how he would deal with sign language, Ullum said he would hold up beer bottles and even walk a deaf person into his kitchen to point out possible meals. Ullum said he had no intention of turning customers away. "If he couldn't speak English, he couldn't read (the sign), he'd probably come in," Ullum said.

'All kind of silly'

Thursday at the Pleasure Inn, Stan Barnett, 47, of West Chester, sat at the bar drinking a Budweiser longneck and smoking Salems. Barnett asked a reporter what the commission decided and replied, "You mean it's still not over with?"

Barnett shook his head and said, "Tom, the owner, is a good man."

He said Ullum meant the "Speak English" sign in a "tongue-in-cheek" manner, but the situation has turned ugly.

"I hope it all gets resolved," Barnett said. "I think it's all kind of silly."

I LOVE this man! He has GUTS and I wish him well.