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Please sign this petition and don't shop at Penney's

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 10:37 PM
Original message
Please sign this petition and don't shop at Penney's
http://www.thepetitionsite.com/1/boycott-jcpenney-black-pregnant-mother-made-to-lay-down-on-i-70-highway-in-independence-moc

On July 13, 2007, Yvette Hayes was forced to lie face down on the ground on the side of I-70 after being falsely identified by JC Penney Security Officials as a car thief. She was 6 months pregnant. JC Penney security alleged that Hayes was prowling a vehicle and stealing cars. Hayes is the principal of an elementary school in Kansas City MO, a member of Delta Sigma Theta Sorority, Inc., two-time Sunday School Superintendent, Licensed Evangelist, mother of two beautiful girls, and is 6 months pregnant. Hayes embodies the American Dream and exemplifies true womanhood. The only crime she committed was sitting in her vehicle as a Black Woman in the JC Penney parking lot.

We ask that you do not purchase anything from JC Penney and encourage others to do the same. Also, we want everyone to flood JC Penney with calls at 972-431-4181 and 972-431-2217. Tell them you are concerned with their racist treatment of Yvette Hayes and you will no longer patronize their stores because of their history of racial profiling. For more information, contact me, Marvin Lyman at 816-812-1570.

http://www.thepetitionsite.com/1/boycott-jcpenney-black-pregnant-mother-made-to-lay-down-on-i-70-highway-in-independence-moc


I know this woman and can speak to her character and desire for justice. She has filed a lawsuit but is not wanting money as much as putting a stop to racial profiling by this police force. They are notorious for it and have been for years. I have also heard the police tapes and it is painfully obvious this is blatant racial profiling. She never got out of her car, store security tapes prove that; yet security officers called the police and reported she was snooping in cars and looked like a woman who had been stealing cars on their lot.

The police not only forced her to lie down on her stomach, they pointed guns at her children.

The police chief claimed that laying on the ground is routine in felony stops yet two white men have contacted Yvette and signed statements claiming they were also stopped by Independence police for suspicion of felony and neither one was made to exit their vehicles. The cops also didn't draw their guns.

We met with the police chief and he lied about department policy and the circumstances of this case; we have tapes proving he is lying. He has since appeared on two national news networks and repeated his lies.

The police have never apologized. JC Penney has never apologized.

Please sign this petition and DON'T SHOP AT PENNEY'S.

Thank you.
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iamjoy Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 10:47 PM
Response to Original message
1. I Refuse To Sign Or Boycott
Until I get more information. If reported accurately, this incident is horrible and inexcusable. However, what evidence do we have that this was any more than an isolated incident? Do we know whether or not Penney's investigated this and either disciplined those involved or re-evaluated their security procedures?

Furthermore, while the actions of Penney's security may have been over zealous and possibly racially motivated, it sounds like the true outrages were perpetrated by the police.

That being said, I am probably not shopping at Penney's this holiday season anyway because I want to buy stuff that is either made in the USA or Fair Trade items. Most of the department and big chain stores carry junk made in sweatshops overseas. That's why we ought to boycott them.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 11:03 PM
Response to Reply #1
5. The Independence, MO police dept has a long history of racial profiling
JC Penneys also has a history.
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Common Sense Party Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:21 AM
Response to Reply #5
22. That's twice you've mentioned Penney's "history"
of racial profiling.

Do you mean this particlular Penney's store? Or the entire corporation?

And do you have proof, or a link, or something?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 07:51 AM
Response to Reply #22
23. That particular store, yes
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:56 PM
Response to Reply #23
47. This isn't a Penneys problem.
It's a societal problem.

Is there any proof that Penneys is encouraging this behavior? What about Macys and Dillards? Are we boycotting them too?
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Orsino Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 05:30 PM
Response to Reply #47
80. And yet the power of the boycott...
...might encourage them actively to undo some of the harm they did. Sounds like a good idea, whether or not it punishes the exact perpetrators.

If it only drives them to a corporate initiative away from this kind of behavior, that would still be a good thing.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:02 PM
Response to Reply #47
82. An African American woman here sued Dillards when they falsely accused her
of shoplifting. She won her case and is a very wealthy woman now. We did have a Dillards boycott but they have since closed their stores here.

Don't know about Macy's.

In this situation, Penneys security called the police and falsely claimed this woman was prowling around their parking lot and resembled a woman who had been breaking into cars on their lot. They gave her description and tag number to the cops. But the tapes prove she never left her car.

Can't say if Penneys encourages this type of behavior, but there are other cases of customers claiming they were racially profiled and falsely accused of crimes by Penneys security.
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Patchuli Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:05 AM
Response to Reply #1
21. If that is correct,
that's pretty f'ed up. I stopped shopping at Penneys anyway because of their propensity to sell winter coats with dog fur on them.
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 08:04 AM
Response to Reply #1
27. This horrific incident was well publicized
The report is accurate. I've been boycotting JC Penney's for years.
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Iris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:56 PM
Response to Reply #27
37. For years? When did this happen?
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malaise Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:08 PM
Response to Reply #37
84. I've been boycottting them years before this incident n/t
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Iris Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 07:47 PM
Response to Reply #84
89. oh. I was confused - thinking maybe this incident had happened a long time ago and I just never
heard about it before.

What are your reasons for boycotting Penney's, if I may ask? (I'm thinking about making a major purchase there)
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 12:02 AM
Response to Reply #27
96. i never heard about it...when did it happen?
nt
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 10:47 PM
Response to Original message
2. I hope the woman plans on suing the police department. Their behavior
was despicable.

Without more facts as to why Penney's made the mistaken I.D., it is harder for me to blame them. I'm sure they've made incorrect I.D.'s of white people before. Do you know more about the circumstances?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 11:10 PM
Response to Reply #2
6. She was sitting in her car waiting for her sister who was in the store.
She was there for 20 minutes. She never got out of her car. We have seen the store security tapes and they prove she never got out of her car. Yet Penneys security called the cops and claimed she was roaming around the lot peeking into cars. They gave her car's description and tag number to the cops. So they had to have watched her. And they had to have known she didn't get out of her car.

Since their lie started the whole incident, I think Penneys is guiltier than the cops. But I blame the cops for trusting store security and making a felony stop based on what they were lied to about on the phone.

But the part that sends me over the edge is the cops pointed guns at her children. That is more despicable to me than making her lie down on her stomach.
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Maine-ah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:02 PM
Response to Reply #6
34. question.......
is this problem only with a local store? Does their corporate office know or have they acknowledged the situation? We don't have this problem at our local JCP, which I don't shop at anyway.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:05 PM
Response to Reply #34
83. This is one incident at one store
Penneys did release a statement so I gather their corporate office does know.
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GoddessOfGuinness Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 10:50 PM
Response to Original message
3. I never shop there anyway...
but I'll sign the petition. :hi:
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 11:23 PM
Response to Reply #3
10. Thanks Goddess!
I live close to a Penneys outlet and so this is a painful boycott for me. I bought the cutest pair of shoes there about a year ago. . . :hi:
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TwilightZone Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 10:55 PM
Response to Original message
4. The police apologized. Penneys also released a statement.
http://www.nbcactionnews.com/news/local/story.aspx?content_id=E64DEF05-AE71-43CA-8863-BD7B8049DB76&gsa=true

Please note: I am not defending the police and/or Penneys. I am only noting that a portion of the petition may not necessarily be accurate.
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 11:14 PM
Response to Reply #4
7. Thanks for the update.
nt



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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 11:22 PM
Response to Reply #7
9. It is an incorrect update
Please read my post below yours.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 11:20 PM
Response to Reply #4
8. No the police dept did NOT apologize
One officer on the scene said he was sorry they made her lie on the ground. They NEVER apologized for pointing guns at her children. Her 4 year old daughter is still traumatized.

We met with the police chief and asked him if the dept would issue a statement apologizing. He said no. Several reporters also asked for a statement of apology and he refused. And several local justice groups and agencies have requested a written apology and he has refused every single time. He told one group WHILE I WAS THERE that the police dept had issued a written apology. That is a lie.

Penneys statement says they are "sympathetic" and they deny the racial profiling. That's not an apology. That also is a lie, since the store security described her to the police as a "BLACK WOMAN". I have heard the tape.

The petition is accurate.
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hfojvt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:00 AM
Response to Reply #8
17. at this point they cannot apologize further
Since the woman is suing, any apology would be used against them in court.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 07:52 AM
Response to Reply #17
24. She waited three months before she filed the lawsuit
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kickysnana Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:13 AM
Response to Original message
11. Unless something like this has happened to you you have no idea how traumatic it is.
I was falsly accused of trying to pass a bad check for $2.11 (long story but I sued and won a small amount of damages) at a local grocery store with my 11 year old son with me. I was tackled by store personal (not security guards) pushed to the floor, arm across my windpipe to prevent me from breathing, or yelling for help. My son was separated from me and the police were called. I proved to the police that the check was good and that I was the wronged person but the store insisted on pressing charges that I assaulted the person who tackled me. The judge threw out the charge and lectured the store. I am caucasion and I did not have any fear of security guards until that day. And I didn't even have guns pointed at my son.

It took YEARS for both my son and I to recover from this. It does not take "more information" and only 15 secondcs to see a pregnant mother with her children in tow is no threat to two police officers and they knew that. This is just plain wrong and needs to stop now. We need to be safe from police terrorism and that is what this was.

Anybody on DU who questiosn this woman or defends the police should get their head out of their arses and start thinking straight about safety, security and what life in the United States is supposed to be.
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davidinalameda Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:31 AM
Response to Reply #11
12. the police are always wrong
that's just a given

:sarcasm:
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 07:59 AM
Response to Reply #12
26. In this case, they were indeed in the wrong.
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Feron Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:11 AM
Response to Reply #11
18. As the saying goes, there are three sides to every story:
The woman's, the store's, and the truth. There is nothing wrong with gathering all of the facts before signing a petition.

In fact, I would hope someone would think critically before signing anything. I have no reason to disbelieve the story, but if I'm putting my signature on something I want more than a stranger's word.

Furthermore online petitions are worthless and will convince no one. They're great for entertainment purposes and that's about it.

Contacting corporate, sending the story to major mainstream media, and blogging are far more effective. Contacting the local ACLU or NAACP may also help.

And questioning has nothing to do with approving of heavy handed police tactics. If the situation played out as described then the police are in the wrong and should be punished.

At the end of the day, she's filed a lawsuit and she'll get her day in court. And I hope that justice prevails.

Anyhow I don't shop at Penney's so it wouldn't be much of a boycott. :-) Rarely I'll go in one, but the quality of their clothes seems to go down with every visit.



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dmr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:09 AM
Response to Reply #18
20. Word of mouth (or online petitions) can be the best or worse
in customer relations. This is why companies have strong customer service policies and stress this to their employees - security personnel included. Thus, the petition is not worthless, and trust me, Penney's corporate office is "convinced"; and cannot be happy with their Independence store right now. Here we are entering the 2007 Holiday Season - this is one thread Penney's does not want to see.

As another poster pointed out, since there is a lawsuit, an apology now would reflect wrong doing.

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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 07:58 AM
Response to Reply #18
25. The story has been covered by CNN, ABC and MSNBC
Interesting you mention the NAACP. They have been contacted several times and have yet to respond. The SCLC has offered support and the ACLU called for more information.
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givemebackmycountry Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:33 AM
Response to Original message
13. Front Page for this...Great Post.
You couldn't get me in a Penny's if you pointed a GUN at ME.

And I avoid Independence, Missouri at all costs.

I can buy Dockers online, and J.C. Penny's can suck my ass.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 08:20 AM
Response to Reply #13
28. Thanks!
I know what you mean about Independence. We have heard that same comment from a lot of people.
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951-Riverside Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:41 AM
Response to Original message
14. Cops seem to be extra rough with pregnant black gals
If I remember correctly a black gal in DC was roughed up by a pig for merely talking on a cellphone.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:55 AM
Response to Original message
15. What the hell is the matter with people.
:nuke:
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:31 PM
Response to Reply #15
31. I don't know
but some of the responses to this thread may give you an idea.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:58 PM
Response to Reply #31
39. We are involved in the most retrograde moment in this nation
since the McCarthy era. It's like he reincarnated and nobody noticed. I'm sorry my responses are so blunt and add little to the thread but this stuff makes my brain freeze up. :hug:
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Eurobabe Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:56 AM
Response to Original message
16. Penneys? I never step foot in that store regardless n/t
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shanti Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:12 AM
Response to Original message
19. it's a deal
i haven't shopped there in YEARS, and only then because i had a gift certificate for my son. same goes for sears.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 08:35 AM
Response to Original message
29. This thread is totally fucking stupid.
Edited on Mon Nov-19-07 08:37 AM by CT_Progressive
It isn't the corporate policy of Penny's that caused this, it was one stupid fuckhead that worked there.

Threads like this make Liberals/Democrats look like fucking morons.

As a response to this thread, I am going to specifically go buy something at JC Penny's.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:30 PM
Response to Reply #29
30. So Penneys is not responsible for the actions of its employees?
Is that what you are saying? If so, how can you justify that?

Responses like yours make DUers look like heartless bastards.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 12:53 PM
Response to Reply #30
32. No, companies are not responsible for the actions of its employees.
Edited on Mon Nov-19-07 12:55 PM by CT_Progressive
Unless that employee is following the company's policy.

If an employee does something against company policy, the company can handle it any way they want to.
If an employee does something not related to the company, the company has no business interfering.

As a progressive Democrat involved in politics, my company can't say shit (one way or the other) about my political activities outside the company. If I did something while on the job, then my company could take action, but its up to them what action to take.

Clearly, in this case, the employee did nothing wrong - they reported suspicious behavior. Simple as that. That does not violate Penny's policy, nor is it part of Penny's policy. It was an independent act by the employee that was non-work-related done during work hours.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 12:58 PM
Response to Reply #32
33. The employee lied
He claimed she was roaming around the parking lot snooping into cars. Yet the store security tape shows she never left her car.

So obviously I disagree that this employee did nothing wrong. Lying is wrong.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 01:36 PM
Response to Reply #33
35. That still has nothing to do with JC Penny's
If I go outside my office building during work hours and lie to a person in the parking garage, and then come back to my desk, how is that my companies responsibility ?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:54 PM
Response to Reply #35
36. Did you even read the OP?
As a representative of his employer, JC Penneys, he called the police and lied about criminal activity at his place of employment. (I am surprised he hasn't been charged with making a false police report but maybe that will be one result of a thorough investigation.)

His job was security. He didn't randomly go out into the parkng lot and lie to a person in the lot. He lied to the police. And his lie resulted in an unwarranted and unjust felony stop by the police.

Now if I called the police and lied while I was at work, I would likely lose my job.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 01:56 PM
Response to Reply #36
38. You'd only lose your job because you committed a crime.
Not because you violated company policy.

And if you didn't lose your job over it, then your employer is not to blame. Its up to them how to handle what you did. But that does not make them RESPONSIBLE for what you did.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:24 PM
Response to Reply #38
42. So, are you defending racial profiling, lying to police officers
and absolving Penneys for their employee's behavior on the clock and on their property? :wow:



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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 02:43 PM
Response to Reply #42
45. No, No, and Yes.
Yes was to the "absolving Penneys for their employee's behavior on the clock and on their property" part.

This is just common sense. To hold the company responsible is moronic, just like this thread.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:46 PM
Response to Reply #45
46. Their employee is acting as an agent of the company.
Penneys' is likely liable.

And it would be so much more useful to cut the childish insults. It would make it so much easier to consider your position in a thoughtful way. Whatever.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:05 PM
Response to Reply #46
49. "Their employee is acting as an agent of the company." You don't know that.
An agent? Really? Do you have proof that the company sanctioned his actions? Did Penneys encourage it?

More accurately their employee is acting as an employee of the company.

When I was a manager (not at a Penneys), we had employees do stupid shit all the time. Not as agents of the company, but because they were morans.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:08 PM
Response to Reply #49
51. The two categories aren't mutually exclusive. n/t
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:11 PM
Response to Reply #51
52. Nor is it proof of a company wide policy of racial profiling.
I can assume that you (or the petitioners) have no proof then?
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:15 PM
Response to Reply #52
54. The claim doesn't have to be company wide. This individual
Edited on Mon Nov-19-07 03:18 PM by sfexpat2000
was acting on behalf of the company at the time at that site. I'm not an attorney but I do seem to remember that my contract with AT&T involved language about my statements and other behavior OFF the clock and OFF of company property. Why would AT&T ask me to sign such a contract if they weren't trying to CYA?

Maybe a legal type can weigh in.

And, it's really of no great interest to me what you assume.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:23 PM
Response to Reply #54
56. But the boycott petitioners (all 209 of them) IS company-wide.
Apparently all 151,000 Penneys employees are to be held responsible for the actions of one stupid one?
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:25 PM
Response to Reply #56
57. Yes, because "the stupid one" can only be held to account
by policy. Policy doesn't originate in one store.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:31 PM
Response to Reply #57
60. You don't know that.
"Policy doesn't originate in one store."


Not to throw your own words back at you or anything...
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:39 PM
Response to Reply #57
67. Which brings us back to proof.
I would love to hold the company accountable if indeed it was company policy. But there isn't any proof of that.

So hold this one idiot accountable for his idiotic actions.

But without proof that "Their employee is acting as an agent of the company", this petition is meaningless.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:41 PM
Response to Reply #67
68. Stop making sense, you're interfering with the Jihad against Corporate Evil.
:rofl:
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 04:23 PM
Response to Reply #68
77. Psst: don't tell anyone. I'm the President of J C Penney
Just trying to save my company by infiltrating these interweb forums.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:45 PM
Response to Reply #67
71. As far as I know, if he was clocked in, he is their agent.
If I'm wrong, I'd love to know why.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:54 PM
Response to Reply #67
73. Do you not understand that anyone under the employ of a company
is an acting agent of that company?

I wonder why you'd make yourself into a pretzel to let this company off the hook. That, all by itself, is interesting.

And, btw, I don't remember anyone dying and assigning you the task of assigning meaning to grassroots efforts. And as far as I can tell, that's a good thing.

Nice try.



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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 04:24 PM
Response to Reply #73
78. I'm not trying to let a company off the hook.
I'm trying to understand how one employees' actions (an employee at the bottom of the totem pole) can be construed as company policy?


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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:04 PM
Response to Reply #45
48. There is a lot of legal precedent
for holding a company responsible for the actions of an employee. I can think of so many examples my head is spinning. And I am not even an attorney.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:13 PM
Response to Reply #48
53. Civilly, you can sue anyone for anything, so that means nothing to me.
The Pope could be sued for this incident, because the person worked for Pennys, who employed a Jewish man, who was married to a Pagan, who's mother is a Catholic, who attends church regularly.

Does that make the Pope responsible for this incident?

Well, according to you, it does.

I'm not saying there aren't cases where company policy influenced an employees actions and thus made that company partially responsible. You got no arguement from me on that.

But in this case, that simply doesn't apply. There is nothing Penny's did to make that employee do what they did. There was no Penny's rule, or policy, or any verbal instructions from a manager - nothing - to indicate that Penny's (the corporation) caused that guy to do what he did.

That guy did what he did as an individual. Penny's has the right to address this issue anyway they see fit - fire him, punish him, dock him pay, give him a promotion - anything they want. It has nothing to do with what happened.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:16 PM
Response to Reply #53
55. You don't know that.
"But in this case, that simply doesn't apply. There is nothing Penny's did to make that employee do what they did. There was no Penny's rule, or policy, or any verbal instructions from a manager - nothing - to indicate that Penny's (the corporation) caused that guy to do what he did."
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:30 PM
Response to Reply #55
58. Yet the OP wants to boycott the entire chain of stores over this.
That is why this thread is stupid and disgraces DU by it existence.

-0- Proof of Penny's involvement of any kind.
So, lets boycott them!!!1!one!!eleven!!!!!!1!exclaimationpoint!!!!

Moronic.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:34 PM
Response to Reply #58
62. The OP rightfully identified policy as the source of this violation
of civil rights.

That *you* don't recognize it is not reflection on the OP. Sorry. No sale. And no matter how many times your repeat insults most of us discarded in junior high, you are missing the big picture.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:35 PM
Response to Reply #62
64. The OP does NOT indicate that Penny's Policy is responsible for this incident.
Edited on Mon Nov-19-07 03:37 PM by CT_Progressive
Sorry.

Try actually reading it.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:37 PM
Response to Reply #64
65. Sure it does:
On July 13, 2007, Yvette Hayes was forced to lie face down on the ground on the side of I-70 after being falsely identified by JC Penney Security Officials as a car thief.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:38 PM
Response to Reply #65
66. That does not reveal Penny's POLICY.
That reveals that the guy that falsely ID'd her worked for Penny's as a security guard.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:42 PM
Response to Reply #66
69. I don't think I can help you.
While this @sshole was clocked in. Penneys'was responsible for his behavior.

That's why these companies buy INSURANCE against just this kind of incident.

I'd be interested to know, what was the last company you worked for that didn't expect you to reflect their policy?





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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:44 PM
Response to Reply #69
70. Sorry, not buying your bullshit.
You have to prove that the employee was upholding company policy. That means you have to show company policy.

If you cannot do this, this petition is meaningless.

Which it is.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:46 PM
Response to Reply #70
72. On the contrary, it's up to you to prove that this employee
was contravening company policy, which you can't do.

Sorry.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 04:07 PM
Response to Reply #72
75. What??
So when a postal workers goes bat-shit crazy and shots a dozen people, it's up to us to prove it wasn't Post Office policy to shoot people?

If a server at Applebees forgot to take his meds and spits on every plate of food he serves, I have to prove it wasn't Applebees policy to have phlem as a side dish?

WTF? :eyes:
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 05:19 PM
Response to Reply #75
79. There you go making sense again !
Knock off all that intelligent ... thinking... stuff.

:rofl:
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:16 PM
Response to Reply #75
85. I gather that if your food was spit on,
you wouldn't want Applebees to hold this employee accountable?

You are just spinning all over the place here. If you don't want to sign the petition, no one is forcing you. You also are not being forced to boycott Penneys.

DU is full of people who feel strongly about social justice and are willing to offer support when they hear of situations like this one. That is why I posted this here. If you are not outraged by this and don't want to participate in a boycott or sign a petition, then don't. But to criticize DUers who do see this as an injustice worth their time is just callous and petty.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 08:23 PM
Response to Reply #85
90. You just contradicted yourself.
"you wouldn't want Applebees to hold this employee accountable?"

You didn't say "hold the employee accountable" for this Penny's incident.

You said "Pennys is responsible for the incident."

Those are opposites.
In one, your Applebees example, you CLEARLY identify the employee responsible, and expect the company (Applebees) to act on the employees aberrant behavior.
In the original Pennys, you claim that Pennys is responsible.

Flip flop much?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 08:34 PM
Response to Reply #90
91. I will type very slowly so maybe you will get it this time.
Penneys has had since July to hold their employee accountable. They have failed to do so. That failure makes them now responsible. It is not all that difficult to understand. Unless of course you are being deliberately obtuse.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 11:22 PM
Response to Reply #91
94. Pennys did hold their employee accountable.
They gave the employee whatever reprimand they saw fit.

Now then ...

How is what the employee did Penny's fault again?

Or do you want to change your story again?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 07:45 AM
Response to Reply #94
101. They reprimanded this employee??
How do you know that? Cause I know Yvette and her attorney and they would LOVE to know what Penneys did to hold this employee accountable. Please do share your inside information.

Unless of course you are just talking out of your ass. In that case, thanks at least for keeping this thread kicked. :crazy:
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Tue Nov-20-07 09:37 AM
Response to Reply #101
111. Of course they reprimanded the employee.
They said, "Dude, that was wrong."
The dude said, "Whatever."

Reprimand over.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:37 PM
Response to Reply #53
88. But WINNING a lawsuit sets a legal precedent.
And there are many many lawsuits where a company has been held responsible for the actions of an employee. Held responsible meaning they LOST a lawsuit.
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Manifestor_of_Light Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 11:18 PM
Response to Reply #48
93. It's called Respondeat Superior.
Quite common to sue employers for the actions of their employers? IT MOST CERTAINLY IS!!!!

Anybody remember when Kermit Washington punched out Rudy Tomjonovich of the Houston Rockets, at a basketball game, and nearly killed him? Back in the 1970s. The company that owned his team was sued under respondeat superior, and Rudy T. got several million dollars in damages, because that one punch ended Rudy's basketball career.

This is just one famous example.

And yes I am a non practicing lawyer.


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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 07:56 AM
Response to Reply #93
103. Thank you for pirching in with an expert opinion
This thread has been pretty frustrating.
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KansDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:15 PM
Response to Reply #35
41. I had a similar experience.
Years ago I worked as an orderly in a hospital. On slow days, one of us might take a lunch order and go out to a favorite take-out place and bring back food for our fellow workers. We would clock in in the morning and out in the evening so our timecards showed 8 1/2 hours worked. Human Resources would pay us for only 8 hours since 1/2 hour was for lunch. Our department supervisor was fine with our going out to get lunch for the department, but he insisted we clock out during the time we were running the errand (we weren't required to "clock out" if we ate lunch at work). He said that if we got into a traffic accident, the hospital could be pulled into legal proceedings, if any developed. So I assumed if I robbed a bank on my lunch (half)hour, the hospital could pulled into any police investigation if I hadn't "clocked out."

As for lying on company time and company property, what if the person you lied to felt you misrepresented yourself?
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:27 PM
Response to Reply #41
86. My husband was rammed by a car that ran a red light
Edited on Mon Nov-19-07 06:27 PM by proud2Blib
Hubby's truck was totaled. Turns out the guy who hit him was a bank employee running an errand for the bank. He had no car insurance. Hubby's insurance company went after the bank. And won. In fact, his agent called this a "slam dunk". Case was settled in just a few months.

These idiots who don't think an employer can be held legally responsible for the actions of an employee on company time are just not well informed.
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drbtg1 Donating Member (932 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:33 PM
Response to Reply #33
61. "store security tape"?
Store, as in JC Penney, as in JC Penney bought the camera equipment that showed the injustice done to this woman as well as showing their employee to be an assclown?
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Mon Nov-19-07 03:34 PM
Response to Reply #61
63. Good catch.
I bet they ignore it and continue to blame all JC Penny's for a random incident.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 05:51 PM
Response to Reply #61
81. And they obviously didn't doctor it to make themselves look innocent.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:26 PM
Response to Reply #29
43. Good. Thank you for letting us know both the depth of your social
acumen and your dedication to civil rights! Enjoy your shopping!
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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 04:11 PM
Response to Reply #29
76. There's a lot of truth in that.
I think people are digging a bit deep for something new to be outraged over.

The woman is fine. The baby is fine. The children are fine.

The matter is between the woman, her attorney, and the attorneys of JC Penny and the police office.

There are far more egregious things in the world to focus on at the moment.
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dysfunctional press Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 12:04 AM
Response to Reply #29
97. 100% in agreement.
i'll make sure to get to penney's for some xmas shopping.
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mvccd1000 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 01:10 AM
Response to Reply #97
100. Me, too. :)
I just got an email alert for free shipping from Penny's. I think I'll take 'em up on it.

Is there no chance this security guard DID see someone going through the parking lot looking in cars and then mis-identified this woman as the suspect?

And how is he racist for describing her as a black woman? Since height, weight, hair color, and skin color are the most readily available means of describing a person's physical appearance, he would have been remiss in NOT describing the person he saw as a black woman.

This thread does not pass the common-sense test.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 08:06 AM
Response to Reply #100
104. He gave her tag number to the cops
yet she had never left her car, so he lied. The security tape proves it.

The racism charge is more about what the cops did. They make felony stops of white people (several have come forward and given signed depositions to Yvette's attorney) and don't make the white people get out of their car and lay down. And they don't draw their guns. The store security description of her is important since the cops claimed they didn't know she was black until they pulled her over, yet store security clearly identified her as a "black female" when they called the police. It's all on tape.

Thanks for keeping the thread kicked! :hi:
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mvccd1000 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 09:15 AM
Response to Reply #104
107. I understand that.. What I meant was...
...could he have seen a SOMEONE lurking in the parking lot, and when he went out for a closer look, he saw her sitting in her car and assumed she was the person he saw? He would then take her tag number and call the police, in error.

I agree that what the cops did is beyond ridiculous. I am dumbfounded that such things still happen in this century.

I merely question whether the security guard made an error in identification, rather than a harassment based on race. Know what I mean? :)
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 09:22 AM
Response to Reply #107
108. Could be
but the store has had since July to investigate and make the claim you laid out. They have remained silent. And, IMO, that silence speaks volumes.
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CT_Progressive Donating Member (889 posts) Send PM | Profile | Ignore Tue Nov-20-07 09:39 AM
Response to Reply #108
112. No, to you, that silence indicates guilt without the need for a trial.
You're not American, are you?

See, here in America, people are innocent until PROVEN guilty in a court of law.

You should learn more about our laws before you call for a boycott of a company for no good reason.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 01:03 PM
Response to Reply #112
115. Hello???
There will be a trial. She filed a lawsuit.

And again, thanks for keeping my thread kicked! :hi:
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 01:59 PM
Response to Original message
40. My son and two friends were hassled by security at Penneys
My son is white and his two buddies were NOT.. As they left the store, a guard pulled one of his friends back inside and demanded to look in his bag. All three boys showed their receipts and let the guy look in the bags. The guy insisted that one of the boys had taken something, and made them empty their pockets.. They had paid for everything they had, and had receipts to show it.. The guard initially told MY son to "move along", so you know who he was out to hassle..

My son asked to see the manager, and the guard backed off.. When he got home and told me , I called to complain, and the manager apologized.. we have never shopped there since.. That was over 10 years ago,..
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 02:31 PM
Response to Reply #40
44. Most Americans are in deep denial about how often these things happen.
Edited on Mon Nov-19-07 02:31 PM by sfexpat2000
And, that's not helpful.

My own dad wouldn't let me get out of the car to go into a take out joint with him to pick up some barbeque on the outskirts of St. Joe, Mo because the owner was black and so was most of her clientele. It was like being on Mars -- with apologies to Martians.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:06 PM
Response to Reply #40
50. There was a Black lady here accused of shoplifting at Dillard's
She filed a HUGE lawsuit and is now a very wealthy woman. And we have no more Dillard's stores here.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:31 PM
Response to Original message
59. I am agape at how far people will go to defend violations
of our civil rights.

What is the MATTER with us? :shrug:
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 03:59 PM
Response to Reply #59
74. It's not a matter of defending violations of civil rights.
It's a matter of violating common sense. The idea that the actions of one person reflects a whole group is asinine.

Yes, this woman was horribly mistreated and she should seek redress. But to ask us to boycott a company based on one employees actions is dumb.

Conversely, I stopped shopping at Walgreens because they (the company) acknowledge that they allow their pharmacists to refuse to fill the birth control and RE486 prescriptions. Now that's an an actual company policy that one can ascertain.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 06:32 PM
Response to Reply #74
87. And I am going to argue with you about that
because I called my area Walgreens to see if they would allow their pharmacists to refuse to fill bc and morning after prescriptions and they said no it was company policy to fill ALL prescriptions. So no that company policy canNOT be ascertained.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 08:53 PM
Response to Reply #74
92. Thank you for regaling us with your powers of persuasion.
Another two or three posts and I'd learn to love the Bomb, too.
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Liberal_in_LA Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-19-07 11:58 PM
Response to Original message
95. Bump! I signed
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Blue-Jay Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 12:05 AM
Response to Original message
98. If I boycotted every store because of one dumbfuck employee, I'd never buy anything.
So, no.
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Midlodemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 07:52 AM
Response to Reply #98
102. You took the words right out of my mouth.
The Boycott Brigade on DU gets old, fast.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 09:29 AM
Response to Reply #102
109. Thanks for kicking the thread!
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Reno.Muse Donating Member (307 posts) Send PM | Profile | Ignore Tue Nov-20-07 12:37 AM
Response to Original message
99. another embarassing moment in America's hypocritical life
I hate clothes from JCPenney's anyways so this won't be hard to do - boycott!
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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 08:18 AM
Response to Original message
105. Signed, K&R
I never shopped at Penney's, anyway - they treat their clothing with a chemical I'm allergic to and I get an immediate headache walking into their stores.

I'm still furious about this situation. I refuse to set foot in Independence because of their violent, out-of-control police force. I know Yvette isn't suing for the money, but I hope she bankrupts that goddamn town. That's the only way to change the behavior of their cops and the enabling chief of police.
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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 08:33 AM
Response to Reply #105
106. and I'll just add one thing...
I just read through this thread, and I'll only say to the apologists that the employee who clearly lied about Yvette's actions is STILL EMPLOYED - meaning JCPenney is sanctioning his actions. So, the guy lies and as a result an innocent woman is brutalized and her children traumatized...seems like a good case for dismissal, doesn't it? But that didn't happen. Boycott 'em.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 09:31 AM
Response to Reply #106
110. Thanks Neecy; since you are from the area your support means a lot
You would probably NOT be stunned to hear some of the comments the police chief has made to us. He has proven to be a major ass.
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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 09:40 AM
Response to Reply #110
113. oh, I'm with you all the way
I saw the chief interviewed on the news the other night regarding this case, and it's easy to see why his police department is so brutal. He didn't seem to think the situation was a problem at all...very flippant and dismissive. Yeah, I guess Independence PD just pulls guns on children all the time and forces (innocent) pregnant women to lay on their stomachs next to a busy freeway. Disgusting.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 01:01 PM
Response to Reply #113
114. A girl my son has been friends with since high school
came over a day or two after this happened and we were talking about it and she told a horrific story. Her ex-boyfriend was abusive. He had also lost his license due to a DUI and was on probation, ordered not to drink. A few months before this incident with Yvette, this girl was driving on 291 through Independence and her boyfriend started beating on her in the car WHILE SHE WAS DRIVING. He grabbed her purse and threw it out the window. She called 911. A few minutes later, the Independence police pulled her over. She told them her boyfriend was beating on her and he was drunk. She also them he was on probation and had been ordered not to drink. So they took her into one car and talked to her and they took boyfriend into a second car and talked to him. One of the cops drove back and found her purse by the side of the road.

Then after about 20 minutes, they let both of them go, told them to go home and "make up". She said no, I am not letting him back in my car. The cops threatened to ARREST HER. She said fine, I am not putting him in my car, he is drunk. So the cops finally agreed to let him call his mother who came to pick him up. And no, nothing happened to drunk on probation and not supposed to drink boyfriend.

Sure makes you feel safe, eh?
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Neecy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-20-07 03:32 PM
Response to Reply #114
116. what a horrible story
Edited on Tue Nov-20-07 03:35 PM by Neecy
Police departments have come a long way in dealing with domestic abuse, but apparently not in Independence. I guess they don't have a mechanism for processing citizen complaints - that would get in the way of their incompetence and brutality.

Remember the Iraq war veteran they repeatedly tasered outside of a nightclub? The video was horrific. The guy was on the ground, subdued and in pain, and they continued to taser him over...and over...and over again. It was sadistic. I guess people get the police departments they want, which doesn't say much about Independence, home of swarms of Republican law-and-order types - until it's THEM who are on the receiving end of a taser or their children are. It's a police state over there, honestly.
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