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23 B. C. Third World L.J. 1 (2003)
Shopping While Black: Applying 42 U.S.C. 1981 to Cases of Consumer Racial Profiling

handle is hein.journals/bctw23 and id is 9 raw text is: SHOPPING WHILE BLACK: APPLYING 42 U.S.C. § 1981 TO CASES OF CONSUMER RACIAL PROFILING ANNE-MARIE G. HARRIS* Abstract: This Article describes the practice of Consumer Racial Pro- filing (CRP) by attempting to quantify it and to identify its causes and its effects. The author presents the case against Cracker Barrel Old Country Stores to illustrate the nature of modern-day consumer dis- crimination. The Article identifies the applicable laws and assesses the likelihood that plaintiffs will prevail under each theory. Concluding that § 1981 of the Civil Rights Act of 1866 offers CRP plaintiffs the best chance for recovery, the Article includes an analysis of the § 1981 claims against Cracker Barrel based on the case law developed since 1990. Noting the reasons why few CRP plaintiffs succeeded in cases of consumer harassment, the Article concludes that the federal courts must construe the statute more broadly to ensure, as set forth in a piece of civil rights legislation from 1866, that a dollar in the hands of a Negro will purchase the same thing as a dollar in the hands of a white man. INTRODUCTION In July 1999, Mr. and Ms. Pilson, both African Americans, visited the Suwanee, Georgia Cracker Barrel with four friends. Once they were seated, they waited approximately forty-five minutes for service, at which point Mr. Pilson complained to the manager. While waiting, they noticed that white customers who had arrived after them were already being served their meals. After Mr. Pilson complained, a white server, Sandy, came to their table and took the party's food and drink orders. The Pilsons and their friends waited an additional forty-five minutes for their food to arrive. After they received their food, Mr. Pilson asked Sandy for more napkins. In response, without speaking, * Assistant Professor, Management Department, School of Business, Salem State Col- lege, Salem, Massachusetts. B.A., George Washington University, 1987; J.D., George Wash- ington University Law School, 1990. My deep gratitude and love to Esther Jain for her invaluable research assistance. Many thanks to Anne-Marie Moyes and Kristen Fredricks for their support and expert guidance. The author gratefully acknowledges Ross Petty, Lucille Ponte, and David Sanford for their time and assistance.

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