IMPORTANT: Please include your name, store name, and store location (city, state) in your response.

Langstrom Jewelers is located in Southwind Center, in a nice, upscale part of town. That’s what Troy Evans kept telling himself as he drove to the store one Monday morning at 3am to answer an alarm call — the fourth in the past six months. He’d already been warned by the responding police officer that tonight’s incident was much like the previous three. Someone had smashed the front window of the store and got inside just long enough to grab the small gold earring display off of the side counter. Troy knew that the loss was relatively small in terms of dollars, but he was very concerned about the predictable loss of employee morale, sure to show when his associates arrived to find yet another incident clean-up in the works.

By all accounts, Southwind was a well maintained and secure strip center in the suburbs of a large Midwestern city. The Langstrom store was nicely designed and well cared for by Troy and his crew. As a simple security precaution, the store had been fitted with a buzz-in door system when it moved to the center from its original downtown location.

The Wednesday of the week following the last window-smashing incident, on Troy’s day off, Patti Wilcox, his assistant of 5 years (and a 12-year Langstrom associate), took an early morning call from a man asking whether the store had a particular high-end watch in stock. A quick check of the phone’s caller ID window indicated a “private” number. Typically cautious, Patti told the man that the watch was available, but due to the high value and the specialty nature of the product, Langstrom preferred to arrange an appointment for showing it. The man said that he worked in a medical facility nearly 30 miles away, and wanted to come by the store to see the watch that afternoon. Weighing the balance of a potential $24,000 sale against potentially irrational security concerns, Patti reluctantly acknowledged that the store did, in fact have the watch in stock. The man said that he’d be by in the afternoon, but would not commit to a time. After hanging up the phone, Patti wondered why the man would even consider driving 30 miles when there were any number of other dealers much closer to him.

Several hours later, while taking care of another customer, Patti saw two men walk up to the front door. She felt an immediate and instinctive sense of concern, as she quickly registered that all of the parking spaces immediately in front of the store were empty, and that both men were dressed in clothes that appeared to be highly inappropriate for the 100-degree-plus summer heat. She reacted quickly, having one of her associates usher her customer to the back while she went to the door and told the men that the store was closed temporarily and that she could not let them in. One of the men indicated that he’d called about seeing a watch, and demanded that she open the door. When she politely but firmly refused, the man became belligerent and demanded that the door be opened for him immediately. Patti quietly asked an associate to call the local police.

Two police officers arrived very quickly, and after examining the identification of both men, one of the officers came into the store and told Patti that they believed that the men posed no real danger to her or to Langstrom. She offered to stay there in the store while Patti took care of the men. Patti went back to open the door, at which point the more vocal of the men began shouting that it was too late — that he would not, under any circumstances, ever consider doing business with Langstrom again, and that he was highly offended by what was, in his opinion, clearly a case of racial discrimination. Patti tried her best to calm him, apologizing for any misunderstanding and explaining that Langstrom serviced and employed many people with no regard to race or ethnicity. The man, however, was beyond reason. He and his friend walked off across the parking lot, and the police offered to keep a close watch on the store through the rest of the day.

The following Monday, Chuck Tanner, owner of Langstrom, received official notice of a lawsuit that had been filed charging him, Patti and his business with racial discrimination for refusing to serve the two African-American men who had come to his store. He had heard Patti’s account of the situation immediately after it happened, and had already assured her that she had followed all procedures appropriately.

Knowing that Langstrom had no clearly defined policy for the use of the buzz-in door, Chuck began to worry about his potential exposure in the case. The whole thing was obviously going to be very costly — both in terms of any settlement he might have to pay, and in the serious dose of negative publicity the store would surely get as a result of the action — especially if he chose to fight the allegations and defend the security-conscious behavior of his associate.

The Big Questions:

Was Patty justified in refusing to let the men into the store — or was she displaying a costly form of racial bias? Does Chuck, as a business owner, have a responsibility to provide mandatory diversity training for his associates? What should Chuck do about the suit? Is the cost of a quiet settlement bigger than the cost of a loud, public fight?

IMPORTANT: Please include your name, store name, and store location (city, state) in your response.

Comments (12)

Chief
written by Uncle Marty, May 20, 2009

Patty had every right to not allow anyone to enter her store.
Calling the P.D. was a little over the top unless the potential customers did any overt act. The customer acting belligerant is meaningless unless they pushed on the door or physically force their way in. Chuck needs to properly train his help. When threatened call the PD but do not allow the PD to run your business. They make errors too.

I am sure the Police officer handled the investigation properly as they are trained to protect all citizens.

I would fight the case. All ethnic customers understand there are some who would prefer to sue at a drop of a hat.
Your lawyer would bring up prior cases of discrimination by the customers with other retail establshments.

Uncle Marty

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written by Ira Kramer, May 20, 2009

Patty was 100% correct. The louder and more belligerent they were the more likely they were to be up to no good. And Chuck should not back down. You can use any publicity in your favor if you spin it right.

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written by Neil Beaty, May 20, 2009

Was Patty justified in refusing to let the men into the store
Yes.

Does Chuck, as a business owner, have a responsibility to provide mandatory diversity training for his associates?
Yes.

What should Chuck do about the suit?
Call his lawyer and his insurer, in that order.

Is the cost of a quiet settlement bigger than the cost of a loud, public fight?
Possibly. Ask the lawyer.

Document everything. Keep a copy of the security tape. Interview and get a statement from every associate who was present in the store at the time. If possible, interview that other customer who was also present. Get a copy of the police report. Don’t be intimidated. Just because someone has a legal right to sue doesn’t mean they have a case.

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Owner Allison Love's Fine Jewelry
written by allison love, May 20, 2009

In retrospect, it would have been smart for Patty to get the name and ph # of the man with whom she made the appointment. If ever in doubt, call back to confirm the appt and you'll know you at least have a contact # that is correct.
We also have a buzz in door and it is mostly a deterrent. We have NOT ALLOWED people in by telling them we had a security issue and could not allow customers in at that time. (the don't have to know THEY are the issue}
OK to call police at any time!!! and your salespeople should know this...Police needed to enter store and NOT question the men. This not only may have cost a large sale but now they are dealing with legal issues as well.
Personally, as store owner, I would make him a deal on the watch,offer a huge apology for my sales associate and see if he takes it! Good chance he will lose in court anyway.

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sales manager
written by Muhammad Siddiqui, May 20, 2009

There is no such thing as bad publicity for the business. People will hear his name, and then forget about it. His loyal customers might even pay him a visit, which could lead to a sale.

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written by Jack800, May 20, 2009

The cynic in me screams "Setup". What if these Gentlemen derive their income by preying on the abundance of caution and common sense of high value retailers? Potentially, their lawsuits are settled out of court leaving no official legal record to be discovered by the next victim. Maybe this is a situation that the local police would be interested in pursuing as a potential extortion scam.

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Sales Associate
written by Nancy, May 20, 2009

What is the store insurance policy.. i.e., if Patty had simply shown one item at at time would she be 'covered' in case of theft?
She truly can't refuse entrance simply on inappropriate clothing..nor the absence from sight of a vehicle.
Bulky clothing might be cause for concern (a hidden weapon?) She could have allowed entrance, but kept the watch under glass, locked, citing 'insurance regulations' and arranged for a 2nd appointment...

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written by Rocco Cianflone Glint Of Gold, May 21, 2009

To me it's obvious that Patty was afraid of these two guys and so was the customer that was ushered to the back.

I'm not sure in this situation she was wrong.

I will say, far too many assumption's were made but chuck was not in the store,so err on the side of cautions.

Nothing good can come for this ordeal.

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President
written by Alexander Rysman, May 21, 2009

At the very least, Patty has not made a friend for the store. Although security weighs on all of our minds, the use of a buzzer potentially invities lawsuits. If someone has a buzzer, no formal policy on using the buzzer and no minority people on staff, they are asking to make some undeserving lawyers wealthy. I have no idea of what a reasonable policy on buzzers would be; until someone shows me such a policy, I feel that buzzers are a greater threat than any burglar who might be discouraged by a buzzer.

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Owner
written by Christina, May 24, 2009

It's this simple for me...When I am alone, only one person can enter my store at a time. I make that crystal clear before I buzz them in. If their hands are concealed Itell them they must take their hands out of their pocket and if a Man approached my store in a heavy coat during 100 degree weather I'd ask him why and if I feel uncomfortable you can bet I will tell him and refuse service and I don't care if he gets his feeling hurt! I have had to take these actions several times and all of the "good" customers either laugh, make a joke or say, "hey, I don't blame you". I have had that repsonse from 2 white girls, 1 spanish girl and even a big, tall black man...all of whom respected my wishes because they had nothing to hide and understood the risks for me...The man's reaction in this story rubs me the wrong way...Good for you Patty...you could be dead right now!

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written by davidatinstore, May 29, 2009

(POSTING THIS FOR ROSE WELCH)

My response is as follows:

First, marshal your resources. Find any notifications of burglaries in your area, any articles about crime rates rising, etc and put them in a folder. Now get your alarm company reports and your police reports together. Put them in the same folder.

Find a local paper (not a TV news station, they have a bigger tendency to sensationalize) and ask to speak to someone about your recent burglaries, if there haven't been news reports already. Chances are, they are pretty news-worthy. If an article is written about your recent troubles, include a copy of that in the folder.

Write a very heartfelt letter to the man in question, explaining EXACTLY why your associate acted that way and why she was trained to do so. In addition, have your associate hand write an apology for making him feel like the target of racial discrimination.

Package this up and include photocopies of everything in your folder, remembering to redact any information that shouldn't be released to the public. Make sure and photocopy your letter and the associates letter. Keep the photocopies in the folder with your other original documents.

Send this package to him personally, and one to his attorney, along with a gift certificate (not to your store!) to a popular restaurant or other local luxury spot.

The chances are that he had no idea that there had been burglaries, or what behavior sets off alarms in sales associates, and he really thinks that your employee panicked because she saw two big black guys. I guess I would feel pretty insulted myself if I only had the limited information that he has!

Giving him this information might just make him feel better, and giving his attorney this information might make him rethink the case. Either way, it can't hurt and you will need most of this information for your attorney, anyway.

If it does come down to trial, I would not settle. I would simply turn your package, including a photocopy of the handwritten apology, gift certificate, and letter, into a press packet to be given out with a no comment when the press comes to call.

One last thing: I am disappointed in most of the responses that I see above me. I understand being suspicious of scams, but these responses seem really cynical. We, as an industry, really need to reconnect with our customers as people. Out of all of these responses, nobody that posted seemed to consider how the customer felt (and is still feeling) as the result of this unfortunate situation. If we ignore our customers, they will ignore us - and rightly so!

Rose M. Welch
Graham Jewelry

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written by GallantJewelers, June 16, 2009

Patty most certainly should have gotten the name and phone number of the customer who called and a firm time should have been set up.

Other than that I believe she handled the situation properly and if Langstrom Jewelers handles the lawsuit confidently and calmly, the uproar created by the accuser will only make him look more crazy.

I disagree that the "customer" should be contacted in ANY WAY. Gift certificates and letters of explanation look like bribes and admissions of guilt. This is not cynicism, this is reality. If the "customer" simply contacted the jeweler after the incident with a letter of complaint that would be a different story. Once the word "lawsuit" is used, "Speak with my lawyer," are the only words to come out of my mouth.

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