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Amended complaint filed in Pritzker campaign case and staffer tries to explain “blackface” incident

Tuesday, Nov 13, 2018 - Posted by Rich Miller

* Cook County Record

On the same day Illinois voters by wide margins selected Democrat JB Pritzker to be the state’s next governor, and his running mate, Democratic State Rep. Juliana Stratton, to serve as lieutenant governor, a group of Pritzker campaign workers added Pritzker and Stratton as individual defendants in a discrimination lawsuit the workers brought in the closing days of the gubernatorial campaign, particularly targeting Stratton for allegedly defaming the campaign workers behind the suit as “extortionists.”

On Nov. 6, the group of campaign workers, through their attorneys Shay T. Allen and Jeanette Samuels, both of Chicago, filed an amended complaint in Chicago federal court, which for the first time named both Pritzker and Stratton as defendants in the case.

The lawsuit also added a count of defamation against Stratton, alleging she “caused to be widely disseminated false statements about the Plaintiffs, including that they were extortionists.”

The lawsuit now further alleges that, after the lawsuit was filed, the Pritzker campaign retaliated against five of the plaintiffs, placing them on “’administrative leave with pay,’ pending the outcome of an investigation into knowingly false allegations against them,” actions they said were taken with the approval and knowledge of Pritzker, Stratton and Pritzker campaign manager Anna Capara.

“… No meaningful investigation has taken place and the moving force of the adverse employment action taken against Plaintiffs was to punish them for asserting their constitutional rights,” the complaint said.

* From the amended complaint

After the filing of this lawsuit, Defendant Stratton caused to be widely disseminated false statements about the Plaintiffs, including that they were extortionists.

I looked and didn’t see an instance where Stratton said they were extortionists. Some news reports did describe the lawsuit and preceding demand for $7.5 million as a form of extortion or characterized her comments as such, but she never actually said it that I could find. Here’s an example

Pritzker and his running mate Juliana Stratton denied the allegations, and Stratton referred to a letter sent by the plaintiff’s attorney in which the plaintiffs demanded a $7.5 million settlement in a 24-hour window, suggesting the whole thing is akin to an extortion attempt.

“When people feel like they have been harassed or discriminated against, they have the right to come forward and have their voices heard. In this case, we had a letter delivered to us asking for $7.5 million dollars in 24 hours or they threatened legal action and to go to press. That’s not a good faith effort,” Stratton said in a statement.

…Adding… The Pritzker campaign says it still has not yet been served with the lawsuit.

* Meanwhile

I am that former Pritzker campaign staffer who posted an Instagram video in October of a colleague wearing a charcoal face mask and pink nail polish after a long day at the office.

I posted the video to my private Instagram account late on a Saturday night after a 14-hour workday. Five days later, at the precise moment when it would inflict the most harm on the Pritzker campaign, somebody leaked a screenshot of the post to the media. The leak came just days before Halloween and after NBC’s Megyn Kelly ignited a media firestorm on Oct. 23 by making racially insensitive remarks about blackface.

It never occurred to me for a moment that my colleague’s face mask resembled blackface, and I had no idea Kelly was planning to defend blackface on national television three days after I posted the video.

To anyone who was offended by the image, I apologize from the bottom of my heart. It was taken out of context and I simply did not see what now seems so obvious. What I found humorous about the video was my colleague’s impersonation of Hannibal Lecter from Silence of the Lambs while tending to his pores.

Childish? Yes. Poorly timed? Absolutely. Intentionally racist? Not in the least.

Thoughts?

       

49 Comments
  1. - AlfondoGonz - Tuesday, Nov 13, 18 @ 2:14 pm:

    I don’t think it’s energy well spent to be outraged about this one.


  2. - A State Employee Guy - Tuesday, Nov 13, 18 @ 2:16 pm:

    Yeah… you should probably just go ahead and disable commenting on this one, Rich.


  3. - Real - Tuesday, Nov 13, 18 @ 2:18 pm:

    The fact that they amended there complaint on election day Nov 6 shows that they wanted maximum damage and probably news coverage on that day.


  4. - Rich Miller - Tuesday, Nov 13, 18 @ 2:19 pm:

    ===they wanted maximum damage and probably news coverage===

    They received no news coverage that day.


  5. - wordslinger - Tuesday, Nov 13, 18 @ 2:20 pm:

    Unsolicited advice:

    To the plaintiffs who have stuck their necks out: get real lawyers.

    To Mehta: Stop digging.


  6. - Oswego Willy - Tuesday, Nov 13, 18 @ 2:22 pm:

    ===What I found humorous about the video was…===

    Maybe you shoulda stopped this whole apology before you typed this whole apology.

    I dunno if this helps.


  7. - Grandson of Man - Tuesday, Nov 13, 18 @ 2:22 pm:

    The blackface was real dumb, especially in the context of what had just happened with the lawsuit.

    I went to a Pritzker campaign office in a white neighborhood and was glad to see a diverse (and large) group of workers.


  8. - Real - Tuesday, Nov 13, 18 @ 2:23 pm:

    Rich

    I know they received no news coverage. Just saying that by amending the complaint on election day it seems to me that they did want news coverage.


  9. - Molly Maguire - Tuesday, Nov 13, 18 @ 2:25 pm:

    These lawyers should be sanctioned or disbarred, and they are unintentionally making it harder for others to pursue the many legitimate cases of discrimination that need our attention and action.


  10. - Rich Miller - Tuesday, Nov 13, 18 @ 2:33 pm:

    === it seems to me that they did want news coverage===

    They didn’t even send out a press release, so I really don’t see your point.


  11. - Montrose - Tuesday, Nov 13, 18 @ 2:35 pm:

    I wish Ms. Mehta had said:

    “Its not about whether I intended it to be racist or not. It was. I am truly sorry for harm I am responsible for. I have learned from this incident. I have a better understanding of my privilege and how implicit bias manifests itself. I will work every day to put these lessons into positive action in my life and the broader community.”

    Just own it. Stop worrying about whether or not people thought you meant it. Stop trying to get people to say they forgive you. This isn’t really about you. That’s the whole point.


  12. - Rich Miller - Tuesday, Nov 13, 18 @ 2:39 pm:

    ===Stop worrying about whether or not people thought you meant it===

    Agreed.


  13. - Grandson of Man - Tuesday, Nov 13, 18 @ 2:39 pm:

    I wondered if a court could force a governor to create a new officer, Chief Diversity Officer.


  14. - Doofman - Tuesday, Nov 13, 18 @ 2:39 pm:

    “caused to be widely disseminated false statements”

    So she didn’t say something false, but she somehow caused other people to say false things?


  15. - Real - Tuesday, Nov 13, 18 @ 2:46 pm:

    When you have a lawsuit against someone running for gov a press release usually isn’t needed to recieve news coverage. The fact it was amended on election day of all days is very telling to say the least. And although there was no news coverage I read the article on election day on county record website.


  16. - Commonsense in Illinois - Tuesday, Nov 13, 18 @ 2:48 pm:

    In the words of Mayor Daley (the elder), allegations, allegations, allegations…but where are all the alligators?

    ===No meaningful investigation has taken place===

    Uh, Counselor, I think that’s your job, and coming on the recent WCIA interview where your presentation failed to do nothing but confuse people, I’m really wondering what you want?


  17. - Cheryl44 - Tuesday, Nov 13, 18 @ 2:52 pm:

    Chief Diversity Officer is not a bad idea. But right now, I don’t think IL can afford it.


  18. - Oswego Willy - Tuesday, Nov 13, 18 @ 2:55 pm:

    ===When you have a lawsuit against someone running for gov a press release usually isn’t needed to recieve news coverage.===

    For the love of Pete, are reporters Car-Nac?

    You’re saying either the plaintiffs magically expected lots of press hitting “refresh” to the court filings to the case, or you’re calling out the press for not doing it.

    They had a presser to begin this.

    ===And although there was no news coverage I read the article on election day on county record website.===

    Maybe it’s just not newsworthy on an Election Day.


  19. - TominChicago - Tuesday, Nov 13, 18 @ 2:55 pm:

    Grandson of Man - Certainly not in this case as the State of Illinois is not a party.


  20. - lakeside - Tuesday, Nov 13, 18 @ 2:55 pm:

    What Montrose said.

    Just actually apologize. That she’s still explaining why it was funny (it was not) means she didn’t actually learn anything.


  21. - Perrid - Tuesday, Nov 13, 18 @ 2:57 pm:

    “Its not about whether I intended it to be racist or not. It was.”
    Last time I discussed this Rich called me a moron (I agree my analogy wasn’t great but I think my point stands, but whatever) but I’m gonna push back on this again. If you’re not trying to imitate a black person, if you’re pretending to be Hannibal Lecter with someone else’s face on your face, while you use a skincare product, it’s not blackface and is not racist. You have a point about privilege blinding her to how others would (incorrectly) see it without any context, but that’s not racism. It’s not even implicit bias, because this had nothing to do with race. No part of this decision making process was in any way, conscious or unconscious, about race as far as I can see, and I would argue it shouldn’t have been, in a perfect world. Much ado about nothing.
    But like wordslinger said, it’s probably better for her (and me, lol) to stop digging. I’ve never been able to let an argument go though, even when I know it won’t help. I make lots of friends this way. /s


  22. - Iggy - Tuesday, Nov 13, 18 @ 3:03 pm:

    I’m sure Mr. Black face will have a nice agency job in 3 months and will be forgotten.


  23. - Real - Tuesday, Nov 13, 18 @ 3:03 pm:

    On this website concerning Illinois politics we see about stories within the Pritzker campaign where harassment and intimidation discrimination are alleged to take place. We read of stories with the Madigan or Rauner caucus or administration where harassment or intimidation are alleged to take place at times yet the same people cricizing the leaders of those organizations don’t even practice what they preach. I comment on this board because as an Illinois resident I am interested in politics that affects all of our lives but over the course of many months I have experienced harassment intimidation and discrimination on this very board. People need to start practicing what they preach even if its Pritzker or people that report on news.


  24. - The Chairman - Tuesday, Nov 13, 18 @ 3:06 pm:

    Let’s give the kid a break. No malice here.


  25. - Ducky LaMoore - Tuesday, Nov 13, 18 @ 3:06 pm:

    ===…Adding… The Pritzker campaign says it still has not yet been served with the lawsuit.===

    If that’s true, then what the heck? The fabulous lawyer representing the plaintiffs know he has to serve the defendants, right? If that’s not true, what would be the point of lying about it?


  26. - Anonymous - Tuesday, Nov 13, 18 @ 3:12 pm:

    The campaign is over. This is no longer about who should be governor and now is about who should win the lawsuit.

    Mehta says the image was taken of staff blowing off steam by goofing off with moisturizer and nail paint. It was taken before Megyn Kelly’s blackface comments and was not at all intended to be blackface. Plaintiffs want to win, and Mehta won’t sit silent while they misuse her image.

    It’s true for campaigns, when you’re explaining you’re losing, but this isn’t about the campaign anymore.


  27. - Wednesday Morning QB - Tuesday, Nov 13, 18 @ 3:14 pm:

    === To anyone who was offended by the image, I apologize from the bottom of my heart. It was taken out of context and I simply did not see what now seems so obvious. ===

    Whole lot of weasley words there Ms. Mehta, but not an actual apology.

    For Future reference, the moment in the office after the 14 hour work day was taken out of context when you captured the moment, took it out of its context, and posted on Instagram in the context of a race for governor where the issue of race and racism has been a sharp divide. Please see the photo of your former candidate atop a lawn jockey for a refresher.

    I hope this is not a career-ending mistake for you. Everyone deserves a second chance. But for Pete’s sake take a good hard look at yourself and your actions, imagine what it is like to be African American and looking at that photo on the news, and do much. much better on your next apology.


  28. - Real - Tuesday, Nov 13, 18 @ 3:18 pm:

    I have seen numerous times where certain commenters are allowed to harass and intimidate other commenters then when the other person responds they get deleted or blocked and discriminated against. How can people talk against the Pritzker campaign having been alleged to do these type things or even the Madigan and Rauner camps doing similar type things when it is allowed to go on here on this platform? Constant harrasment and unchecked intimidation that certain commenters are given free reign to do but when someone responds to them they are blocked and deleted?


  29. - 17% Solution - Tuesday, Nov 13, 18 @ 3:20 pm:

    Administrative leave with pay? That’s very generous, considering. So how were the plaintiffs materially harmed?

    “After the filing of this lawsuit, Defendant Stratton caused to be widely disseminated false statements about the Plaintiffs, including that they were extortionists”.
    Well even though Rich can’t find such a statement, I wouldn’t say calling the plantiffs extortionists is a false statement.


  30. - Anon221 - Tuesday, Nov 13, 18 @ 3:27 pm:

    Honest question- does filing an amendment reset the 90 day clock to serve?


  31. - Served - Tuesday, Nov 13, 18 @ 3:27 pm:

    Social media posts in those charcoal masks are really common for young folks.

    There was a whole genre of posts where people put them on them and then show the intense and painful peeling process.


  32. - TominChicago - Tuesday, Nov 13, 18 @ 3:31 pm:

    Anon - No.


  33. - Henry Francis - Tuesday, Nov 13, 18 @ 3:48 pm:

    Going after Stratton for defamation? I assume the Shayster understands that now makes his clients’ reputations at issue and any dirt that is dug up about them is fair game and can be part of the public record?


  34. - Anon - Tuesday, Nov 13, 18 @ 4:09 pm:

    Perrid, last time I made a comment back to you it was deleted (sorry about that, Rich). And it was not even about you making up the ridiculous scenario of someone falling face first into mud and making that a question of blackface, it was a followup comment about your take on what is offensive or not. And then doing a “but” apology. With another “but” today. Read what Montrose said. Take it in.

    Great point and much agreed, Montrose.


  35. - Anon E Moose - Tuesday, Nov 13, 18 @ 4:12 pm:

    You don’t need to be served to file a motion to dismiss.


  36. - Responsa - Tuesday, Nov 13, 18 @ 4:19 pm:

    You can both moisturize and blow off steam with green and/or blue face masques. They’re out there. Any one with 2 brain cells had to know that a black face masque sends a message that would be problematic regardless of the “timing” (Megyn Kelly controversy) or not. This staffer’s mess will never be all right and they all need to quit talking about it and trying to explain it or justify it. People saw what they saw and have made up their minds.


  37. - Liandro - Tuesday, Nov 13, 18 @ 4:22 pm:

    I never, for one second, thought those staffers had any intention of creating a “blackface” perception. That whole outrage had the feel of cognitive distortion–colored by the racial lens through others viewed it. It’s hard to know for sure, though, especially when they didn’t push back.

    I’m glad to see they pushed back. The outrage machine churns through both the guilty and the innocent with equal self-righteousness, but there is no “honor” in allowing the world to believe this lie about the situation.


  38. - Anon221 - Tuesday, Nov 13, 18 @ 4:24 pm:

    Thanks Tom.


  39. - City Zen - Tuesday, Nov 13, 18 @ 4:54 pm:

    ==I wondered if a court could force a governor to create a new officer, Chief Diversity Officer.==

    Shall I forward this suggestion to the Operating Engineers?


  40. - Three Dimensional Checkers - Tuesday, Nov 13, 18 @ 5:55 pm:

    Pritzker’s campaign is weird. The deputy campaign manager was loudly booed at his election party. This lawsuit seems bad, but that doesn’t negate the campaign’s weirdness.


  41. - Anonymous - Tuesday, Nov 13, 18 @ 6:08 pm:

    -I wondered if a court could force a governor to create a new officer, Chief Diversity Officer.
    Shall I forward this suggestion to the Operating Engineers?-

    And what are the demographics of the Operating Engineers? Care to share that with us?


  42. - 37B - Tuesday, Nov 13, 18 @ 6:44 pm:

    My take on the first go round was that the “humor” lay in a guy using female beauty products after a long day on the campaign trail. Add the fact that that guy is Hannibal Lector and it gets “funnier” still. Intended to be racist? I sincerely doubt it. Colossally tone deaf. Yes. Try it again with an avocado face mask.


  43. - Michael Westen - Tuesday, Nov 13, 18 @ 7:37 pm:

    According to the New York Times, CBS and several other media outlets, someone in the Pritzker campaign called them extortionists. Not sure if they can pin it on Stratton.


  44. - Just Observing - Wednesday, Nov 14, 18 @ 8:42 am:

    I said it when this first came out and I’m saying it again… this whole fask mask fiasco is absolutely ridiculous and I feel horrible for this staffer who had their reputation and career tarnished over such nonsense. Some people on this blog have lost their minds. This was a stupid mud face mask — there is no indication at all that the staffer was intending to mimic blackface — and whoever says there is no difference is bananas.


  45. - Gooner - Wednesday, Nov 14, 18 @ 8:50 am:

    I’m fascinated with the lack of service of summons. That should have been pretty easy.

    Plaintiffs are deliberately avoiding serving them, so you need to wonder why.

    I’ve done this work for over 20 years. I’m sort of boggled at that choice. Typically you see lack of service in two instances.

    One, where the defendant is a ghost.

    Two, where you have a statute of limitations issue and the party files to meet the SOL, but the parties continue to negotiate. At times, the parties will do a StandStill Agreement to allow negotiations to continue.

    I don’t see either of those in this case.


  46. - SWIL Voter - Wednesday, Nov 14, 18 @ 9:13 am:

    It isn’t racist to wear skin cream. This is one of the dumbest reaches for a controversy I’ve ever seen.


  47. - Wednesday Morning QB - Wednesday, Nov 14, 18 @ 9:22 am:

    @Just Observing

    “I didn’t mean to be a racist” is not a justifiable defense.

    Just like “It was not my intention to offend you or be offensive” is not a justifiable defense.

    Also, “I did not know blackface was offensive until Megyn Kelly” was actually Megyn Kelly’s defense.

    Look at it this way: if a Republican staffer had posted the same photo on Instagram, what would Democrats say?

    That said: I believe in separating the person from the behavior, and I don’t think that posting a picture that is obviously offensive makes Ms. Mehta a racist person. But her letter does not show much recognition of her opportunity for personal growth.


  48. - Gooner - Wednesday, Nov 14, 18 @ 11:16 am:

    Wednesday Morning QB,

    This was different from language that might offend.

    It is a completely legitimate product.

    Countless women use similar creams. What married guy hasn’t seen his wife walking around with her face covered in something like that in the evening or morning (for some reason, it seem like my wife’s has been green).

    So yes, “I didn’t meant it” is a defense when the act itself was completely normal, but only the context of the NBC’s reporter’s comments caused people to see it in a different manner.


  49. - Anon - Wednesday, Nov 14, 18 @ 11:26 am:

    It boggles my mind how hard it is for people to truly, genuinely apologize. Understand why it hurt another, learn a lesson from it, apologize from the heart, and leave the ifs, ands, and buts out of it.


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