Lizardo versus Denny Inc. NDI
The Lizardo Vs Denny’s Inc. is a peculiar case. It transpired in the late 20th century somewhere near the end. It involved a group of Asian Americans and African Americans who claimed that they were treated unjustly due to their respective races at restaurant dubbed Denny’s Inc (Hall & Hwang, 2001). The group of individuals was the ones who filed the lawsuit hence the restraint owners became the defendants. Upon hearing both sides of the story, it is quite difficult to decide who was right and who was not (Hall & Hwang, 2001). Each side presents equally challenging arguments with an orgy of evidence to support their claims (Hall & Hwang, 2001). The court, however, ruled the case in a manner that was considered fair and just. The following case study attempts to analyze the case by providing answers to the following queries (Hall & Hwang, 2001).
Describe how the security guards and Denny’s management should have handled the situation
Although the court ruled in favor of Denny’s, one cannot fail to note that the restaurant did not act as they were ethically obliged as per business operation ethics (Hall & Hwang, 2001). This, in turn, shows that the business does not care about gaining or losing customers since the incident would most likely result in the members of the “afflicted” tribes not dining in the restaurant anymore. Before discussing the query, it is hence paramount to note that the establishment, (Denny’s Inc.) acted against acceptable business ethics (McGovern & Greenberg, 2014).
Denny’s management should have first tried to calm down the aggravated Asian American customer. They should have taken notice of the fact that customers do not create complaints out of thin air and that they complain when something is not happening the way it is supposed to (McGovern & Greenberg, 2014). After doing so, they could have talked to Chiu and enquire the nature of his discomfort. Since the defendants were obviously at fault for allowing a group which arrived before to find seats first, they could have explained to him that such incidences are common in a busy restaurant. Upon doing so, they should then move on to assure him that they are doing everything they can to ensure he and his team are served as soon as possible. If the restaurant management had done so. They would have displayed a considerable mark of proper work ethics and they might have also made Chiu, the dissatisfied Asian-American to calm down.
The guards could have stayed on high alert and noted the entrance and exiting of individuals so as to know which ones entered first and which one’s didn’t. They should have then moved on to re-order the cue such that everyone is served on time. As already explained above, the guards would have displayed a great deal of conduct had they coordinated events as stipulated above (Hall & Hwang, 2001). They would have gone to great lengths to ensure customer satisfaction and prevent the occurrence of future scandals which could also have a negative effect on the brand name, that is Denny’s Inc. In short, Denny’s should have acted in accordance with business ethics of putting the customer’s priority first. As the saying goes, the customer is always right (McGovern & Greenberg, 2014).
Explain why the security guards’ daytime occupation influenced the decision in the case
Their occupation influenced the case a great deal since, first of all, the case transpired due to the harsh treatment that they displayed toward their racial counterparts (Hall & Hwang, 2001). Their daytime occupation was to co-ordinate events and ensure order at the establishment. According to the ruling, their acts were based on the fact that they were posing as security guards for the restaurant (Hall & Hwang, 2001). This clarifies the fact that they acted merely as employees of the establishment and not as officers of the law (Hall & Hwang, 2001). This, in turn, makes the restaurant owners be at fault since the act was done in lieu of them. This explains why the occupation was such an integral source of insight into the determination of the side which is right and the side which is not. To add more insight to the argument. The guard’s acts were based on orders they had received from management, it is safe to say the acted according to the terms agreed upon by the work contracts rather than their service to the country (Hall & Hwang, 2001). Taking all of the above insight into consideration. It is clear as to why the day occupation formed useful insight in determining the final ruling of the case (Hall & Hwang, 2001).
Justify the court’s decision to neglect this as a case of discrimination
The court had valid grounds on dismissing it as a case of discrimination. The accusers are the ones who overlooked certain crucial information before filing the lawsuit. It is even believed that the accusers would have had more chances of securing the case had they filed a different case, such as abuse in public, plus the denial of service.
The accusers, as already seen, claimed that they were denied service, or that they were treated unjustly because of their respective races. This could be easily overruled due to the fact that no one else had ever complained concerning the denial of service due to race at the restaurant. More so, it is revealed that at the time the events took place, individuals who were of similar races were already seated and being served. The African Americans had no chance in filing the lawsuit since they are the ones who became abusive at the slightest provocation. In summary, the restaurant cannot be held liable for discrimination based on race. This is due to s the fact that no one else has ever complained concerning the restaurant’s racial discrimination. The court also had the right to dismiss the case due to lack of sufficient evidence. The plaintiffs should have gathered solid evidence that the turn of events which were noted that day was mainly due to the difference in races. Their only evidence was that a group of Caucasian individuals who entered after them but were served before them. That can be dismissed as a slight error due to the increased customers who were there at that very same day.
Assess how this case can serve as a precedent for other cases and the conclusions you can you draw from this precedent
A precedent is a case which is used as an example in future hearings and ruling. The case has an elaborate structure with two conflicting sides, each with a significant portion of insight to back up their stance (Weatherspoon, 2014). The case can serve as precedent in showcasing how the law recognizes a local employee and an employee of the government as two separate entities. The ruling will hence be based on the employee system that was present at the time of the ruling. Insights and conclusions that can be drawn are that strong evidence is the only ticket that assures one of winning a case. Lack thereof or insufficient, when compared to the other side, guarantees the case being dismissed on the grounds of lack of sufficient evidence (Weatherspoon, 2014).
The court will always rule on the ground of evidence (Weatherspoon, 2014). If a group is intending to file a lawsuit, it should first gather sufficient evidence on the accused party before doing so. Ill-preparedness results in the waste of time and resources as seen in the case above (Weatherspoon, 2014)
Hall, P. & Hwang, V. (2001). Anti-Asian violence in North America: Asian American and Asian Canadian reflections on hate, healing, and resistance. Walnut Creek, Calif: AltaMira.
McGovern, G. & Greenberg, M. (2014). Who Pays for Justice? Perspectives on State Court System Financing and Governance. Santa Monica: RAND Corporation.
Weatherspoon, F. (2014). African-American males and the U.S. justice system of marginalization: a national tragedy. Houndmills, Basingstoke, Hampshire New York, NY: Palgrave Macmillan