Bakery filed the libel suit after student boycott, allegations of racism
“The jury saw that Oberlin College went out of their way to harm a good family and longtime business in their community for no real reason, and the jury said we aren’t going to tolerate that in our community anymore,” Owen Rarric, an attorney for the Gibsons, told Legal Insurrection.
The award, which could triple at Tuesday’s hearing on punitive damages, came as a warning to universities that encourage social-justice activism as student protests spill from the campus to the local community.
“The verdict sends a strong message that colleges and universities cannot simply wind up and set loose student social justice warriors and then wash their hands of the consequences,” said Cornell Law School professor William Jacobson, who runs the conservative Legal Insurrection website.
Bakery owners said they lost business after Oberlin students held protests accusing them of discrimination. The student Senate passed a resolution claiming Gibson’s had “a long history of racial profiling,” and Dean of Students Meredith Raimondo was accused of passing out an anti-Gibson’s flier.
Students boycotted the bakery, while the college cut off and then resumed its contract for baked goods.
Oberlin argued it was not responsible for the students’ actions. Meanwhile, the three students pleaded guilty to shoplifting and aggravated trespass while issuing statements absolving the bakery of racism.
In 2017, Gibson’s sued the college for libel; tortious influence with business relationships and contracts, and intentional infliction of emotional distress, culminating in the nearly month-long trial in Elyria, Ohio.
“The students eventually pleaded guilty, but not before large protests and boycotts intended to destroy the bakery and defame the owners,” Mr. Jacobson said. “The jury appears to have accepted that Oberlin College facilitated the wrongful conduct against the bakery.”
Four generations of Gibsons react to their $11 million jury verdict against Oberlin College in defamation lawsuit after being falsely accused of racial profiling in arrest of black college student for shoplifting legalinsurrection.com/2019/06/verdic…
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More than $11 million awarded to Gibson’s Bakery in its lawsuit against @oberlincollege . Breaking and previous reporting, video: https://t.co/bjK4GaCk0w
More than $11 million awarded to Gibson's Bakery in its lawsuit against @oberlincollege . Breaking and previous reporting, video: bit.ly/2WQEvXX
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In a Friday email to the college community, Oberlin general counsel Donica Thomas Varner said the college was “disappointed” with the verdict and would determine how to proceed.
She insisted that the college and Ms. Raimondo “worked to ensure that students’ freedom of speech was protected and that the student demonstrations were safe and lawful.”
“As we have stated, colleges cannot be held liable for the independent actions of their students,” Ms. Varner said. “Institutions of higher education are obligated to protect freedom of speech on their campuses and respect students’ decisions to peacefully exercise their First Amendment rights. Oberlin College acted in accordance with these obligations.”
Mr. Rarric disagreed. “The College kept saying we don’t control our students,” he said. “But the jury told them we can tolerate some of this from time to time, but not what you did...
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