Wiccan-Boscov’s ruling upheld by Superior Court
By Christopher Blackwell

Feb. 12, Judge Robert B. Young, of the Kent County Superior Court, Delaware, upheld the religious discrimination ruling that requires Boscov’s to pay a $5,000 fine and pay $21,000 to two Wiccans, a Christian, a Spiritualist and a Pagan for canceling classes to be held at the store.

Last May, the state Human Relations Commission found that the Reading Pa. based department store chain had caved in to pressure of church people and illegally canceled classes of on subjects of tarot, talismans, candle magic and the pentagram to be held in the Dover store in Oct. 2005.

Boscov’s had claimed it had called off the classes for a lack of diversity.

In Monday’s order, issued later on Feb. 14, Judge Young agreed with the commission that the store’s diversity argument did not merit credence and instead was a pretext to discrimination.

Dona Jackson ,58, the organizer of the canceled classes, was happy Young quoted Thomas Jefferson in his conclusion.

News Journal, Feb. 15, reported, Young quoted Jefferson saying, “Our civil rights have no dependence on our religious opinions any more than our opinions in physics or geometry.’”

Young continued, “The commission was charged with ensuring that we Delawareans uphold similar ideals. After examination of the record, the court is satisfied that the decision of the commission, finding a violation ... and ordering damages, is supported by substantial evidence and free from legal error.”

Jackson, a Spiritualist, and her son, Jason Russell, 26, saw this as a constitutional land mark ruling on religious freedom in a conservative state. Her son said they would formally complain again if necessary.

Jeffery K. Martin, attorney for Boscov’s, said he was disappointed to have lost and would read through the ruling before deciding whether to appeal to the Delaware Supreme Court.

In their appeal to the Superior Court, Boscov’s had took issue with the discrimination charge and accused the commission of running a rigged hearing. Judge Young rejected all the store’s arguments.

In the Superior Court appeal, the complaintants were represented by Julia M. Graff, staff attorney for the ACLU of Delaware, and three other lawyers -- C. Malcolm Cochran IV, Elizabeth C. Tucker and K. Tyler O’Connell, all of the Wilmington firm of Richards, Layton & Finger.

Jackson as lead plaintiff, and organizer of the canceled classes, will get $4,5000 and payments of $4,125 will go to to her son Jason, a Christian from Dover, Witches Maria Kepner and Chantel Henderson of Camden-Wyominng area, and Norene Hamilton, a Pagan of Dover.

Background of suit

As reported in our ACTION, Litha 2006 issue, Jackson had approached the Boscov’s Campus of Courses program, at the Dover store Summer of 2005. She had done similar classes with no complaints in Boscov’s store the year before. Similar classes for the program have been done in other stores in the chain. The classes were to run from Sept. 12, to Oct. 7, 2005.

Pastor Jeffcoat learned about the spiritual awareness classes, on August 28, 2005, from to advertising fliers put out during the Pagan Pride Day at Dover’s Legislative Mall. .

As reported by the Associated Press, Feb. in 2006, Jeffcoat said, "When we saw that, we could not stand by silently." He had been surprised on moving to Dover to hear that they had a Pagan Pride Day and about the foothold the Wiccans had in the community. “ He said, "We consider it to be a dark religion."

On Feb. 14, 2006, the News Journal reported, at the three member Human Rights Commission, that Jeffcoat testified that he told the Dover store’s managers, in August of 2005, "I told them that I would encourage my people to show their displeasure, which could include challenging them to take their business elsewhere. I told them I would get on the telephone and call pastors to let churches know what was going on here in Dover."

Jackson, who is not a lawyer, successfully put on the complaintants case before the Human Relations Committee in the two day hearing in Feb. 2006.

The five complaintants said they were told by Sybil Harvey, the store’s public relation’s manager, that the courses were canceled because the local pastor had threatened a boycott if they were not dropped. This was on the same day that the store’s own advertisement of the upcoming classes came out in the local newspaper.

The commission enforced Delaware’s accommodations law. Disagreeing with the store’s claims, the commission required it to pay fines, saying it came in for extra punishment because of the store’s size.

In the May 29, 2006 the News Journal reported the commission said, "With all Boscov's civic involvement their decision to single out a particular group and their inability to resolve the situation in a nondiscriminatory manner is particularly intolerable."

Conclusion

It was this ruling that Superior Court Judge Young upheld in February.