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Miles Archer

(18,837 posts)
Tue Apr 19, 2016, 07:50 AM Apr 2016

Lawsuit: Whole Foods delivered cake with gay slur

http://www.wcnc.com/news/nation-now/lawsuit-whole-foods-delivered-cake-with-gay-slur/141355971

AUSTIN - Austin-based Whole Foods is being sued after a pastor alleged that he ordered a cake from a store on North Lamar Boulevard with the personalized message “Love Wins” and instead received a cake with the words “Love Wins *gay slur*.”

According to the Kaplan Law Firm PLLC, Pastor Jordan Brown, an openly gay African-American man, reported the incident to Whole Foods. Kaplan Law Firm said Whole Foods said they investigated the incident and allegedly told Pastor Brown the store and its employee had done nothing wrong and no action would be taken.

Brown’s lawyer, Austin Kaplan, said his firm reached out to Whole Foods’ corporate office on April 15, but received no substantive response for more than three days and at that point the lawsuit was filed.

“He frequently shopped at Whole Foods, which makes this all the more shocking and disappointing,” Kaplan said in a statement. “What really concerns him is knowing that unless some action is taken, this kind of thing could happen again, and that someone else might have to go through a similarly excruciating experience.”
31 replies = new reply since forum marked as read
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Lawsuit: Whole Foods delivered cake with gay slur (Original Post) Miles Archer Apr 2016 OP
Hmmmmm..... I am skeptical. yardwork Apr 2016 #1
I agree Flo Mingo Apr 2016 #2
Don't stereotype Austin Bucky Apr 2016 #3
See my response down thread. yardwork Apr 2016 #17
i'm not in the least. Javaman Apr 2016 #4
Actually, that's not the reason I'm skeptical. yardwork Apr 2016 #16
it turns out you were right. Javaman Apr 2016 #23
I agree. FLPanhandle Apr 2016 #11
Looks like it. He asked the store to leave the center area blank. yardwork Apr 2016 #18
do hope those involved are ummmmmm seeking other opportunities..... dembotoz Apr 2016 #5
My husband mentioned this... Holly_Hobby Apr 2016 #6
Video with box sealed csziggy Apr 2016 #7
How he could not have seen this B2G Apr 2016 #8
Thou shalt not bear false witness against thy neighbor. Chiyo-chichi Apr 2016 #10
The close up on the label was a nice touch FrodosPet Apr 2016 #19
The WF team member he is accusing is gay B2G Apr 2016 #9
This cake smells fishy to me. Glassunion Apr 2016 #12
I don't think this happened at the store. Yo_Mama Apr 2016 #13
Any time I have purchased a cake from a bakery... Phentex Apr 2016 #28
Even if this did happen at the store Blue Dalek Apr 2016 #14
Whole Foods released a video of him purchasing the cake. herding cats Apr 2016 #15
"our bakery team member, who is part of the LGBTQ community" FBaggins Apr 2016 #20
This guy is claiming a gay baker wrote an anti-gay slur? Democat Apr 2016 #25
Whole Foods suing this guy for 100K, with evidence of fraud. Yo_Mama Apr 2016 #21
good, i hope he gets ruined for faking this Amishman Apr 2016 #26
It seems like a cruel attack against the bakery employees Yo_Mama Apr 2016 #29
They aren't perfect, but WF is VERY gay friendly TexasBushwhacker Apr 2016 #22
counter lawsuit - the claim is bullshit Skittles Apr 2016 #24
I become skeptical when I'm told the person is a 'pastor'. Those who present with the holy act Bluenorthwest Apr 2016 #27
Same here REP Apr 2016 #31
B.S. claim. WF has already releases the security cam video. Atman Apr 2016 #30

yardwork

(61,634 posts)
1. Hmmmmm..... I am skeptical.
Tue Apr 19, 2016, 07:54 AM
Apr 2016

Unfortunately, many of these really outrageous stories turn out to be false.

I can imagine this happening perhaps in a small store in a conservative rural town. But Whole Foods in Austin? Really?

Flo Mingo

(492 posts)
2. I agree
Tue Apr 19, 2016, 08:09 AM
Apr 2016

This seems a bit over the top. Watching the pastor's body language when questioned about why he didn't notice the slur in the store made me think right away that he's remembering his lines, not what happened. Plus, why would you request two words in an arc across the top of the cake and leave the center blank? Something just doesn't add up.

I hope the proper parties are exposed, and the others vindicated, whatever happened here.

Bucky

(54,020 posts)
3. Don't stereotype Austin
Tue Apr 19, 2016, 08:18 AM
Apr 2016

Nor Whole Foods for that matter. It is, after all, a company owned by a union-busting, Obama-hating RWNJ.

If you're not from Texas, you won't get us. There are all sorts of hateful people lurking around the areas that, from the surface, may look like a transplanted Portlandia, but in truth are projecting out their inner demons with outward acts of hostility.

And then there are places like Fort Worth, the original Cowtown USA, and here in Houston where you'll find accepting, GLBT-friendly businesses and neighborhoods where you'd least expect it. We're complex that way. I think most humans are.

I can see how this happened, actually. Guy orders a cake by phone and a hateful, insecure employee there writes the slur on the order form out of a disgust deeply rooted in his own self loathing (and yes, I'm assuming it's a guy who did this). Then, when the order is handed off to the baker or cake decorator, this next employee shrugs and follows directions thinking, "Well, I guess it's okay and empowering when they call themselves those slurs."

Next thing you know, a once-loyal customer is being accidentally harassed by his once-favorite grocery store. Best case scenario is the victim here wakes up and starts shopping at Trader Joe's instead.

yardwork

(61,634 posts)
17. See my response down thread.
Tue Apr 19, 2016, 05:03 PM
Apr 2016

I don't think of Whole Foods as a progressive company. I know it's not.

Likewise, I'm aware that there are assholes even in Austin.

But employees of great big corporations usually don't do things this blatant. They'd get fired.

Javaman

(62,530 posts)
4. i'm not in the least.
Tue Apr 19, 2016, 08:23 AM
Apr 2016

that's WF's flag ship store. It's gi-normous. that aside.

I have very close contacts with several people who work with whole foods.

the whole foods of old no longer exists and hasn't existed for about 12 years.

they aren't the "nature friendly" place that it once was. and it's certainly isn't staffed by "hippies" that are all "peace and love", those days are long since gone.

I have been to several of their company store parties and I can tell you from first hand experience, there are a lot of jerks that work at WFs.

yardwork

(61,634 posts)
16. Actually, that's not the reason I'm skeptical.
Tue Apr 19, 2016, 05:00 PM
Apr 2016

I don't think of Whole Paycheck as anything but a ginormous profit machine. I'm well aware that it's not progressive.

That's why I'm so skeptical of this story. An employee of a big giant profit-making machine wouldn't do this - too easy to get fired.

Javaman

(62,530 posts)
23. it turns out you were right.
Tue Apr 19, 2016, 07:52 PM
Apr 2016

it appears as if the pastor was trying to pull a fast one. they found video of him paying for the cake.

Holly_Hobby

(3,033 posts)
6. My husband mentioned this...
Tue Apr 19, 2016, 09:31 AM
Apr 2016

he said he watched this guy's youtube video showing the box that contained the cake was still sealed and he had the receipt.

 

B2G

(9,766 posts)
8. How he could not have seen this
Tue Apr 19, 2016, 01:21 PM
Apr 2016

when the cake was picked up from the bakery is totally beyond my comprehension. Who doesn't look at a customized cake upon purchase??

It's right in the middle of the fucking cake and there's a clear cellophane cover. And those stickers can be peeled back and reattached.

I'm calling bullshit.

Chiyo-chichi

(3,581 posts)
10. Thou shalt not bear false witness against thy neighbor.
Tue Apr 19, 2016, 01:53 PM
Apr 2016

I hope he's not lying. That would be deplorable.

But... it strikes me as strange that he says he saw what was written on the cake when he got in his vehicle. And yet he called the store instead of going right back in there? There at least needs to be a justification of that in his story. Something along the lines of "I was so shocked/afraid/upset that I went straight home."

And, oddly, he doesn't even say he called the store. He said "I attempted to call."

FrodosPet

(5,169 posts)
19. The close up on the label was a nice touch
Tue Apr 19, 2016, 05:11 PM
Apr 2016

The edge is jagged, the body is wrinkled.

The added word has straighter lines and bigger bloops of icing.

And the color? Close, but not close enough.

 

B2G

(9,766 posts)
9. The WF team member he is accusing is gay
Tue Apr 19, 2016, 01:30 PM
Apr 2016

"Our team member wrote “Love Wins” at the top of the cake as requested by the guest, and that’s exactly how the cake was packaged and sold at the store. Our team members do not accept or design bakery orders that include language or images that are offensive. Whole Foods Market has a zero tolerance policy for discrimination. We stand behind our bakery team member, who is part of the LGBTQ community, and the additional team members from the store, who confirmed the cake was decorated with only the message “Love Wins.”

http://www.houstonpress.com/news/whole-foods-accused-of-baking-homophobic-cake-for-texas-pastor-8334340

Yo_Mama

(8,303 posts)
13. I don't think this happened at the store.
Tue Apr 19, 2016, 02:44 PM
Apr 2016

The store must be pretty confident - probably a manager checks outgoing orders.

Also, who picked up the cake? Wouldn't they have seen it? When was this reported to the store?

PS: Looked at the pic provided in the link in the thread. The *gay slur* looks like it was written differently - the bead is different.

And there is no way you wouldn't notice that in the store. This isn't plausible. Someone is hoping for free publicity/quick buck.

Finally, even pretending that the man got out of the store and only noticed it when he put the cake in his car. Why wouldn't he go back right then? He didn't even have to take ten minutes - just dump the cake on a manager and tell them he wanted his money back.

This is bull.

I have an idea about what did happen, but it is pretty slanderous so I will keep it to myself.

Phentex

(16,334 posts)
28. Any time I have purchased a cake from a bakery...
Wed Apr 20, 2016, 10:47 AM
Apr 2016

they always open the box and show me the cake before I pay for it. They want you to be pleased with the work they've done. I doubt whole foods is any different from most bakeries. I'm glad they are going to sue this guy.

herding cats

(19,565 posts)
15. Whole Foods released a video of him purchasing the cake.
Tue Apr 19, 2016, 03:59 PM
Apr 2016
Updated from April 18th statement:

After a deeper investigation of Mr. Brown’s claim, we believe his accusations are fraudulent and we intend to take legal action against both Mr. Brown and his attorney. Here’s what we know:

Our bakery team member wrote “Love Wins” at the top of the cake, which was visible to Mr. Brown through the clear portion of the packaging. That’s exactly how the cake was packaged and sold at the store. Whole Foods Market has a strict policy that prohibits team members from accepting or designing bakery orders that include language or images that are offensive.

Mr. Brown admits that he was in sole possession and control of the cake until he posted his video, which showed the UPC label on the bottom and side of the box.

After reviewing our security footage of Mr. Brown, it’s clear that the UPC label was in fact on top of the cake box, not on the side of the package. This is evident as the cashier scans the UPC code on top of the box, which you can view here.

We stand behind our bakery team member, who is part of the LGBTQ community, and we appreciate the team members and shoppers who recognize that this claim is completely false and directly contradicts Whole Foods Market’s inclusive culture, which celebrates diversity.

Yours Truly, Whole Foods Market



At a glance, it does appear the label was visible on the top and side of the box, not the side and bottom as in the claimants video. I'm not a fan of Whole Foods, but I'm also not a fan of fabricating an act of bigotry. Which it appears is what may have taken place here. A zoom of the image is needed to be sure, but it's not looking good for the claimant from what this video shows.

Yo_Mama

(8,303 posts)
21. Whole Foods suing this guy for 100K, with evidence of fraud.
Tue Apr 19, 2016, 06:57 PM
Apr 2016

As if it weren't evident from the photo posted by the fraudster that the slur was written separately with a different decorating tool:
http://www.statesman.com/news/business/whole-foods-taking-legal-action-against-cake-accus/nq7qt/

Whole Foods also released its security footage video from its North Lamar Boulevard flagship store that it says contradicts the man’s claims that the store included the slur on the “Love Wins” cake he ordered.
...
In a countersuit filed in state district court in Travis County, Whole Foods says Brown “intentionally, knowingly and falsely accused Whole Foods and its employees of writing the homophobic slur… on a custom made cake that he ordered from WFM’s Lamar Store in Austin…”

The suit denies those claims, and accuses Brown of acting “with malice, and he has damaged the reputation and business of WFM.”


There's security footage posted at link.

I am glad they are suing, because this was a very malicious prank. Had it succeeded, the life of the bakery employee accused could have been very severely impacted.

The person who did this is a nasty person, and deserves to get publicly identified as such.

Amishman

(5,557 posts)
26. good, i hope he gets ruined for faking this
Wed Apr 20, 2016, 06:58 AM
Apr 2016

frauds like this make it harder for real victims of injustice

Yo_Mama

(8,303 posts)
29. It seems like a cruel attack against the bakery employees
Wed Apr 20, 2016, 01:08 PM
Apr 2016

I am not saying that the accusation against the store is not wrong, but I was thinking about how the employees felt and what they experienced.

To target innocent people with such disregard for their fates is really a bad, bad act.

TexasBushwhacker

(20,196 posts)
22. They aren't perfect, but WF is VERY gay friendly
Tue Apr 19, 2016, 07:22 PM
Apr 2016

Not only do they hire gay employees, they allow employees to add their domestic partners to their health insurance.

 

Bluenorthwest

(45,319 posts)
27. I become skeptical when I'm told the person is a 'pastor'. Those who present with the holy act
Wed Apr 20, 2016, 08:35 AM
Apr 2016

are nine times out of ten working a number.

REP

(21,691 posts)
31. Same here
Wed Apr 20, 2016, 01:39 PM
Apr 2016

There's lots and lots and lots to dislike about Whole Foods, but this claim seemed ridiculous. Problems with Whole Foods are corporate, not people working for hourly wages. Like you, when I hear clergy, I look for the smoking gun.

Atman

(31,464 posts)
30. B.S. claim. WF has already releases the security cam video.
Wed Apr 20, 2016, 01:11 PM
Apr 2016

Completely different box from what the "victim" showed in his upload. He made it up. And now WF is suing him for fraud.

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