3 Shoppers Get Apology to Go With Ice Cream

Sixty-year-old Vernon Mitchell, who says he is used to being publicly ridiculed for being gay, usually ignores rude comments from passers-by. But 18 months ago, someone went too far.

Mitchell and two friends were shopping for ice cream in a Boys Market in Marina del Rey when someone said over the loudspeaker, “Faggot, get out of the market and don’t come back.”

When he complained to the manager, someone else shouted out, “Faggot, go back to San Francisco.”

On Friday, Mitchell and his friends returned to the store, this time not for food but to celebrate.

Formal Apology

As part of a settlement in a Superior Court lawsuit filed by the three men, Boys Market issued a formal apology. In addition, company officials said they would update an employee handbook to forbid discrimination based on sexual orientation and said they welcomed the patronage of the gay community.

“James L. Fike, vice president of Boys Market, regrets that the incident occurred and apologizes for any distress Messrs. Mitchell, (Mark) Tullai and (John) Batchelor suffered,” the company stated. “Boys welcomes and encourages the patronage of the gay and lesbian community.”

The statement added that the person or persons who made the remarks have not yet been identified, but said that if they are Boys employees, they will be reprimanded.

“This sends a message to the community--that it pays to stand up for what you believe in. I didn’t deserve to be treated that way,” Mitchell said in an interview.

Never Gave Up

“It proves that gays don’t have to tolerate this type of abuse. I never really gave up hope. I would just wake up each morning and ask myself what more I could do,” the retired aerospace engineer added. “I can’t believe whoever made those remarks thought they could get away with them.”

Tullai, 27, one of Mitchell’s friends, said he is satisfied with the resolution to the lawsuit, which accused the market of violating the state’s Civil Rights Act.

“I feel that the three of us made a difference. That’s what kept me fighting,” he said.

Mitchell, Tullai and Batchelor were joined at a news conference by their attorney, Gloria Allred, and about 10 gay rights supporters. Many of those shopping at the supermarket looked on with curiosity as the men held up a banner that read, “Faggot, get out of the market. Fighting back with pride.”

Fike said he too was pleased with the settlement.

‘Long Overdue’

“The addition of the sexual orientation clause into our handbook is an idea long overdue. We will not tolerate any kind of discrimination,” he said.

Gay activists commended the men’s determination.

“I am tremendously proud that these individuals have the courage to take a stand against such harassment and that Boys Market now has the integrity to admit that something very offensive to gays and lesbians occurred and that it will not be allowed again. It is a victory for everyone involved,” said Dr. Paul Froman, co-chairman of the Municipal Election Committee of Los Angeles.

As part of the settlement, Boys Market agreed to pay Allred the men’s $5,000 legal fees.