A Consumer Racial Profiling complaint filed in July, 2003, in the Western District of New York against J.C. Penney by Nakiesha Jones, an African-American woman of Buffalo, New York, alleges that JCPenney store security personnel Nicholas A. Goodwin and Paul Meerboth, pursuant to JCPenney policy, engaged in racial profiling and video surveillance of her for no reason but for her race, resulting in her being falsely arrested and charged with shoplifting.

Finding herself charged with the shoplifting of two pair of pants, arrested and jailed, Ms. Jones retained Buffalo criminal attorney Glenn E. Murray.  The prosecutor, having secured a copy of the store surveillance video tape, which conclusively established Ms. Jones’ innocence, sought dismissal of all charges in the interest of justice.  Ms. Jones’ attorney objected to the prosecutor’s request for dismissal and insisted that his client, who was innocent, be allowed a trial by jury for an opportunity to fully exonerate herself. 

On July 16, 2002, in the Town of Amherst, Justice William Waible granted the prosecutor’s request and dismissed all charges in the interest of justice.

After criminal charges were dismissed, Ms. Jones retained Buffalo attorney Richard Baumgarten, who filed the Consumer Racial Profiling Civil Rights law suit.

The shocking video footage (which may be viewed online) shows the outright blatant disregard and disrespect by JCPenney personnel toward the rights of minorities as these African-American shoppers, for no apparent reason other than their race, were racially profiled, followed and pursued throughout the JCPenney Department store by video surveillance.

With regards to Ms. Jones, the video shows that she picks out clothing she would eventually sample. Two pairs of slacks are already in hand at the time the camera picks up her image, she takes two more off the racks, goes to the women's shirts, and eventually goes into the dressing room with the items of clothing.  Then Meerbooth and Goodwin focus the camera outside the women’s dressing rooms.  The camera fades to black for about three minutes of elapsed store time. The cameraman breaks his boredom by sweeping through other areas of the department store, populated by Caucasian shoppers, focusing on none, and then returns to the dressing room entrance to await Jones’ exit.  Jones eventually returns with the items of clothing and returns them to 3 separate racks.  Meerboth and Goodwin continue video surveillance of Jones.  Jones chats with a Caucasian female, who appears to be a customer, eventually leaves the store with no JCPenney items in her possession.

The complaint filed in federal court alleges that after Ms. Jones left the JCPenney store she was followed and apprehended by JCPenney security, subjected to an in-store search in a private fitting room, which revealed that no stolen property was found on her person, bags, or purse.  Nevertheless, the two JCPenney Loss Prevention Officers conspired together and charged Ms. Jones with Petit Larceny, knowing full well the charge wasn't true. Ms. Jones was arrested, jailed and released on bail some 3 hours later, followed by months of prosecution.

Other lawsuits pending against JCPenney Department stores alleging similar racial profiling practices were filed by Paula Mayes, 45, who alleges that she was falsely accused of shoplifting, slammed into a wall and pushed to the floor after she exchanged a belt at a JCPenney store in Jacksonville, Fla., and by Claudie Pierre, of Queens, New York, who alleged in a complaint filed in federal court that after leaving the store without making a purchase, she was approached by JCPenney security guards on the street, accused of shoplifting, and verbally and physically abused.  Although a search revealed no stolen merchandise, she was not allowed to leave the detention area for nearly three hours.

When asked about the effects of racial profiling on profiling victims, Rogers Hicks, a paralegal, who assisted with the criminal case, and is presently working with Mr. Baumgarten on Ms. Jones' Civil Rights case, quoted from a Boston College Third World Law Journal article, “Shopping While Black: Applying 42 USC 1981 to Cases of Consumer Racial Profiling”:

I contacted JCPenney’s Clarence store manager, Darlene Lydecker, for comment. She suggested I contact Meereboth and Goodwin's attorney, Michelle Snyder (FELDMAN, KIEFFER & HERMAN, LLP).  Ms. Snyder was unavailable for comment.

Stevenson is a columnist for the Buffalo Criterion, and www.TheBrownWatch.com, his column Pointblank can be read at www.voiceoffreedom.com. Email comments to Stevenson at [email protected].