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NORTHERN CALIFORNIA RECORD

Saturday, May 4, 2024

Family says it was met with discrimination, racism at high school basketball game

Federal Court
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OAKLAND - A lawsuit against the City of Oakland alleges racism and discrimination at a McClymonds High School basketball game.

Phyllis Thomas, Charles Thomas and their grandchildren filed a federal complaint on September 13 in the Northern District of California against the City of Oakland, Public Employee-Director Larichea Smith and Oakland Unified School District.

On Feb. 15, 2020, Plaintiffs attended a basketball game at McClymonds High School in the City of Oakland. Upon their arrival, Charles A. Thomas, Sr. and his wife, Phyllis A. Thomas, and their daughter, Racheal Denise Colston, seated themselves in a section of the stands which appeared to be marked as available for persons with disabilities.

Each person suffers with physical disabilities that impact their life activities and their physical mobility. Near the end of the basketball game, Charles and Phyllis Thomas and Racheal Denise Colston were approached by a loud and ignorant person who identified herself as “the Director,” who proceeded to berate them, demanding they move to another section of the stands inside the gym, the lawsuit claims. 

Plaintiffs attempted to explain to the director that they each had a physical disability and needed reasonable accommodations to attend the game. She threatened to forfeit the game if they did not leave the disabled section of the stands, which was intimidating because Zelda B. was a player on one of the teams, the suit says. 

The director used a racial slur to refer to Plaintiffs and denigrated them based upon their African-American ancestry, the suit claims. She also told the family that they would not be allowed to attend any games in the future, the suit claims. Her verbal assault lasted approximately 15-20 minutes, the suit claims. The director is actually Defendant LaRichea Smith, an employee of the City of Oakland and authorized agent of the Oakland Unified School District, the suit says.

Plaintiffs seek compensatory and special damages, including damages for mental and emotional distress, in an amount in excess of $500,000, injunctive relief, punitive and exemplary damages, attorneys fees and cost of suit. Plaintiffs are represented by Pamela Y. Price. 

U.S. District Court Northern District of California case number 4:21-cv-07078-DMR

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