Toliver v. Alaska State Commission for Human Rights

279 P.3d 619, 2012 WL 2477903, 2012 Alas. LEXIS 90
CourtAlaska Supreme Court
DecidedJune 29, 2012
DocketNo. S-14232
StatusPublished
Cited by35 cases

This text of 279 P.3d 619 (Toliver v. Alaska State Commission for Human Rights) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toliver v. Alaska State Commission for Human Rights, 279 P.3d 619, 2012 WL 2477903, 2012 Alas. LEXIS 90 (Ala. 2012).

Opinion

OPINION

MATTHEWS, Senior Justice.

I. INTRODUCTION

This appeal presents the question whether the Alaska State Commission for Human Rights (the Commission) must interview one or more witnesses identified by a complainant before dismissing a complaint for lack of substantial evidence to support a discrimination claim. We conclude that the statutory duty to impartially investigate implies that the Commission must make a reasonable effort to interview at least some of the witnesses identified by a complainant where it appears that they may have relevant information. We also conclude that this duty was not satisfied here because the Commission did not interview any of the witnesses identified by the complainant even though they potentially had relevant information.

II. FACTS AND PROCEEDINGS

A. Summary Of Facts

William M. Toliver II is an African-American man in his sixties; he has litigated pro se [621]*621throughout these proceedings. During 2007 and 2008, Toliver shopped at two Brown Jug liquor stores-Store 82 and Store 55-locat-ed in the Mountain View neighborhood of Anchorage.

On August 21, 2007, Toliver entered Store 32 and was approached by the assistant manager, Crystal Dockter. After a heated verbal exchange of some sort, Dockter "86ed"-banned-Toliver from Store 32. In the store's incident log for that evening, Dockter wrote that she had banned Toliver "for causing problems and for cursing me out." Toliver later disputed this version of events. He continued to shop at Store 55, where he was not banned.

In late June 2008 Toliver called 0.C. Madden III, Brown Jug's vice-president for human resources, and complained that Brown Jug was discriminating against him and other members of racial minority groups in Mountain View. Madden and Ed O'Neill-Brown Jug's co-owner-invited Toliver to meet with them in person at their offices. During the meeting Toliver expressed frustration over Dockter's behavior and stated that members of the Mountain View community considered Store 82 to be a "[wlhites only" store.

Madden and O'Neill spoke with their staff in response to Toliver's allegations. They eventually told Toliver that he would be allowed to continue shopping at Store 55 but would be banned from Store 82. Madden and O'Neill also organized a public meeting at a community center to address Toliver's claim that members of the Mountain View community believed Brown Jug employees had racially discriminated against them. To-liver distributed notices of the meeting around Mountain View, which stated:

Now is the opportunity to verbalize your encounters of racism, disrespect and illegal abuse of the sales clerks and managers' positions at the various stores throughout the [AJuchorage area. [O'Neill and Madden's] sincere objective is to rectify these problems. With our input of ideas let's have an intelligent, constructive and beneficial meeting.

Toliver also circulated a petition in the days leading up to the meeting. In it he referred to his experience of "true disrespect and racism" in a Mountain View Brown Jug store, noted that O'Neil and Madden wanted a meeting to resolve this problem, and asked for signatures from community members who felt they were also victims of "racism, disrespect, ete." At least 24 individuals signed the petition.

The meeting took place on June 30, 2008. Employees from Stores 32 and 55, including Dockter, were in attendance. After the meeting, Madden and O'Neill instructed employees to handle customers respectfully.

At the conclusion of the meeting, the Brown Jug representatives reiterated that Toliver would be allowed to shop at Store 55, but not at Store 32. Immediately after the community meeting, Toliver attempted to purchase alcohol at Store 55. The clerk on duty, who was filling in while the other employees attended the community meeting, was unaware that Toliver was permitted to shop at Store 55 and prevented him from making a purchase.

On three occasions in August 2008, Toliver entered Store 32 and attempted to purchase aleohol. In each instance, a clerk told him he was banned from Store 32 but could shop at Store 55. After the last of these encounters, on August 30, 2008, a clerk recorded an account of the event in the incident log:

[Toliver] started saying that he had a lawsuit and that he was going to have everyone fired[,] he was calling me racist stupid clerk and that I'm white trash. I told him that he had to leave and called Eric. He [smelled] like he'd already been drinking.

B. Proceedings

On August 29, 2008, Toliver filed a complaint with the Commission. He alleged that Brown Jug had denied him "rights and privileges as a customer" on the basis of race.

On December 5, 2008, Brown Jug filed a letter with the Commission responding to Toliver's complaint. Brown Jug contended that Toliver's allegations were "meritless" and "unsupported" and that the facts showed "Brown Jug refused service to Toliver at one of its stores after Toliver verbally abused and physically threatened the store's assistant [622]*622manager." Brown Jug also pointed out that after meeting with Toliver and listening to his concerns, Brown Jug allowed him to make purchases at a different store in the same area.

After receiving Brown Jug's statement of position the investigator assigned by the Commission to the case called Toliver to review Brown Jug's position statement with him. Toliver denied threatening or cursing at Dockter. Toliver mentioned the manager at Brown Jug Store 55, Richard Senior, as a potential witness, alleging that Senior had told Toliver that he thought what was occurring was wrong. Toliver also stated that the manager at Store 82 "shook his head and said what the heck is going on here." Toliver further stated that the people who had signed the petition were also witnesses.

On December 10, 2008, the investigator wrote to Brown Jug's attorney requesting copies of incident logs and information about, among other things, Brown Jug's policy for denying customer service. She also requested interviews with Dockter, Madden, O'Neill, and the managers of Stores 32 and 55. The investigator did interview Dockter and Madden, but did not interview Senior (the manager of Store 55), nor the manager of Store 82, nor any of the individuals who signed Toliver's petition.

On April 21, 2009, the investigator issued a written determination based on her investigation. She concluded that Toliver was denied the right to shop at Brown Jug Store 82 "because he verbally abused and threatened employees." She observed that customers of other races had been denied service for similar reasons and that the evidence did not show that Toliver was denied service because of his race. The investigator reviewed the determination with Toliver, who vigorously disputed the version of events advanced by Brown Jug and again alleged that Senior had agreed banning Toliver from Store 82 was wrong.

Ultimately, the investigator concluded that Toliver's allegations were "not supported by substantial evidence." On the same day that this report was issued, the executive director of the Commission issued an order closing the case because the "LiJnvestigation did not find substantial evidence to support allegations in the complaint."

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Robert Wills v. Aniela Humphries, f/k/a Aniela Whah-Wills
564 P.3d 272 (Alaska Supreme Court, 2025)
Patrick H. Torrence v. Tyler Blue
552 P.3d 489 (Alaska Supreme Court, 2024)
David Spigai v. Deborah Spigai
Alaska Supreme Court, 2023
Michael Mann Jr. v. Hannah Maus
Alaska Supreme Court, 2023
David D. v. Marissa D.
Alaska Supreme Court, 2021
Angelica C v. Jonathan C, Angelica C v. Jonathan C
459 P.3d 1148 (Alaska Supreme Court, 2020)
Richard Barton DeRemer III v. Craig Turnbull and Brian Morris
453 P.3d 193 (Alaska Supreme Court, 2019)
Harry Ross v. State of Alaska Human Rights Commission
447 P.3d 769 (Alaska Supreme Court, 2019)
Ross v. Alaska State Comm'n for Human Rights
447 P.3d 757 (Alaska Supreme Court, 2019)
Kelly D. v. Anthony K.
Alaska Supreme Court, 2019
Schacht v. Kunimune
440 P.3d 149 (Alaska Supreme Court, 2019)
Alaska State Commission for Human Rights v. Anderson
426 P.3d 956 (Alaska Supreme Court, 2018)
Yankee v. City and Borough of Juneau
407 P.3d 460 (Alaska Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
279 P.3d 619, 2012 WL 2477903, 2012 Alas. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toliver-v-alaska-state-commission-for-human-rights-alaska-2012.