You Can Say That! Overlawyered reports that two Southwest Airlines customers lost their “hostile racial environment” lawsuit based on offense taken when they heard a flight attendant say “einee meinee mienee moe,” a portion of a rhyme that has long since lost any trace of its racist origins (“catch a tiger by the toe,” the only version I’ve ever heard, was once “catch a nigger by the toe”; neither line was used by the flight attendants, who said “catch a seat, we gotta go”). While it’s nice to see a sensible outcome from the trial, let’s give blame where it’s due, too–the judge should have tossed this case out on summary judgment, and spared Southwest the expense of the trial. Instead, Judge Kathryn Vratil ruled, “The court agrees with plaintiffs that because of its history, the phrase ‘eenie, meenie, minie, moe’ could reasonably be viewed as objectively racist and offensive.” Come on! There was no evidence of intent to discriminate, the phrase einie meenie etc. certainly isn’t objectively racist, and how can “offensiveness” be objective? Besides, merely being offended by a stray comment does not mean someone has suffered discrimination under the law. I think I will be sending Judge Vratil a free copy of You Can’t Say That!