All Cream and No Butter!

ALL CREAM AND NO BUTTER!

itlwholefoodsblogcover

That Whole Foods Complex – A Matter of Cultural Sensitivity.

Dear Whole Foods

 Today (Thursday, January 30, 2014), I entered your P Street (in Washington, DC) location to have lunch. I already had some bread with me so I tried to purchase 50 cents worth of butter to put on it. I went to the bread section and there were no figs on that tree – I mean there were no 50 cents packages of butter at the stand. [1] There were lots of cream cheese though. So I asked the employees for some butter and had to wait. I explained to the employee who assisted me that people in the East (of the planet) seem to eat bread and cheese, but people in the West eat bread and butter.

 This is an issue I brought up before in about 2012. It is now 2014.  Read more:  html/Google document | pdf

Advertisements

5 thoughts on “All Cream and No Butter!

  1. Lewis to War ren:

    Mr. Warren:

    You have chosen to proceed with the path of litigation in order to attempt to resolve the complaint that I brought to the attention of your employer WHOLE FOODS MARKET about the treatment I received while dining at one of its establishments. Your decision to accelerate litigation is unfortunate and is not within the mantra of the practice of law within the District of Columbia. You are advised to reconsider this course of action. Notwithstanding as litigation is now anticipated, you, and whatever counsel you choose to assign to the task of being adverse to me, are expected to preserve all evidence relevant to and and all disputes that may be addressed at litigation, including but not limited to the following:

    Evidence that any of your fellow employees informed me that they were offended with my use of the word and offensive language used, if used;

    Evidence that I utilized any language out of context;

    Evidence that any offence was perpetrated by me while on any of your employer’s premises;

    Evidence of the manner in which your employer conducts business in relation to the dispensation of cream, butter, and courtesy cups.

    All documents in relation to any incident resulting in any dispute between your fellow employees and myself.

    Please note that in the event any of the records necessary to validate any claim by either of us are missing upon demand, that may be construed as tainting of evidence on the point of your employer, your fellow employees, and yourself.

    I, for my part have provided you such evidence as necessary to justify the claims I submitted to your employer, and as you are engaging in retaliatory action, you are hindering my ability to collect further evidence sufficient to validate such claims.

    The duty to preserve evidence is sacred in judicial deliberation without which the factual nucleus utilized to render just decisions can be rendered misapprehended Irrespective of your affiliation with the Bar of the District of Columbia, you are obviously in a position in which you are addressing matters that are litigious in nature. You are held thereby to the standard of being responsible to preserve the evidence necessary to address these claims.

    You have indeed performed the first element of your responsibilities to notify me of your employer’s desire to have me denied access to a place of public accommodation, albeit illegally, and, however, you have not done so in a manner that appears to be lawful, but instead threatening, which is unlawful. Furthermore you have provided no just grounds to instituting a just bar, and you have provided no means for addressing such bar even if deemed justified.

    It is not my duty Mr. Warren to either provide you a just pretext for denying my access to a restaurant, or, to instruct you as to how to effectuate such notice lawfully. Nonetheless Mr. Warren, you, and your employer are hereby notified at this time to provide me the following information:

    The name of the resident agent for your employer;
    The name of the bond holder for your employer,
    “WHOLE FOODS MARKET GROUP INC, 1440 P STREET NW #900 WASHINGTON DC 20005”, DCRA LICENSE NUMBER 40006467; and
    The name of the attorney or mediation agent in the District of Columbia which you now choose to address this issue on behalf of your employer.

    Sincerely yours

    /s/ Radcliffe B. Lewis

  2. Lewis to War ren

    Mr. Warren:

    Please note that the request to preserve evidence stands as is. I will do my best to properly formalize the Complaints promptly. Please Cease and Desist from destroying or tainting any evidence. A failure to heed this demand could result in criminal charges being filed against you.

    Also, you also state:
    “Also, although your current email (below) is every bit as offensive and prejudiced as your prior email, I think you should share your first email with everyone you cc’d below. You know, the one where you called our employees “bitch(es),” and “faggot(s)” and then demanded we pay you 2.5 million dollars. I’d like to see what the doj, ftc, US civil rights department, and the congressional black caucus think of that.”

    Thank you for your consent to the pulication of my perceptions. Though it was not really necessary, this is still greatly appreciated.

    /s/ Radcliffe B. Lewis

  3. Mr. Lewis

    Our decision is made and is final. You are banned and trespassed from all of our establishments (i.e. Any store that says “Whole Foods” on it, the addresses are available on our website and you can look them up yourself). If you enter them we will contact the police and inform them that you are trespassing. You are on notice of this as of the time you read it in my last email.

    I have preserved the necessary information from your claim, your requests for additional information beyond that are ridiculous. Fed R. Civ Procedure 26 doesn’t apply outside of a properly filed civil lawsuit so I’m not providing you with anything. If you want to file a lawsuit go right ahead, I am not concerned in the slightest.

    I would think since you made it clear that you are not pleased with Whole Foods you wouldn’t mind shopping somewhere else, but apparently you do. You also appear to have cc’d Momar Gueye, who is a Whole Foods Employee, on your last email. That constitutes contact with my client, which is a “no no.” I’ll assume that was an error this time, if you do it again we’ll take action.

    I also don’t need to be licensed in the District of Colombia to send you a letter, I need to be licensed to be in court. If you’re going to spout the law at least take the time to learn it first, your Wikipedia law degree isn’t cutting the mustard. If you chose to go to court I will likely waive in to defend my client, but I have numerous local counsel in DC who will take care of any protective orders, responses, court apperaances, etc.

    Also, although your current email (below) is every bit as offensive and prejudiced as your prior email, I think you should share your first email with everyone you cc’d below. You know, the one where you called our employees “bitch(es),” and “faggot(s)” and then demanded we pay you 2.5 million dollars. I’d like to see what the doj, ftc, US civil rights department, and the congressional black caucus think of that. I assume you’re scared to do so since it shows quite clearly that you aren’t fighting for any moral high ground you are simply looking to get some money for nothing.

    Find somewhere new to make your complaints. We are done with you.

    Jay Paul Warren

    Global Litigation Counsel

    Whole Foods Market Central Office

    550 Bowie StreetAustin, Texas 78703

    (512) 542-3768 (Office)

    512) 499-6768 (Fax)

    This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, (3) strictly confidential, or read and/or processed by another individual on my behalf. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail is a violation of federal criminal law.IRS Circular 230 Notice: Any federal tax advice contained in this email and any attached documents is not intended or written to be and cannot be used or referred to for the purpose of (i) avoiding penalties that may be imposed by the Internal Revenue Service or (ii) promoting, marketing or recommending any partnership or other entity, transaction, investment plan, or other arrangement.

  4. Response of Radcliffe Lewis to Jay War ren:

    Mr. Warren:

    First of all you are not my attorney, therefore please be advised that any and all statements made to me in any fashion including your message of 11 February 2014 denying me access to publicly accommodatable establishments may be published at my discretion.

    I now reiterate my request to Whole Foods Inc. – by whatever name called – your employer – and if they are not aware of this request as yet – to preserve all documents including and not limited to cash register receipts, video and still images, accounting data, and, sound recordings related to any incident(s) which cause you to come to your decision to deny me access to your employer’s publicly accommodatable establishments, including the identification of all witnesses and or employees whom you now claim that I interact with at the time of such incident(s). This includes all video and image footage of all cameras in all stores nationwide and worldwide for the past ten years.

    I also now request of you to make available to me all such documents pursuant to Fed. R. Civ. P 26.

    Mr. Warren, as your message indicates that I am barred from all establishments belonging to Whole Foods Market, I now request of you to furnish me with the addresses of all premises belonging to Whole Foods Market regardless of whether each such premises and or address is a publicly accommodatable establishment, considered public, or private, or, is in the possession of any third party. Your notice is not actionable without such disclosure, and your notice stands a threatening statement to me otherwise, and I do feel threatened, Mr. Warren, by your notice. Please note that it is a crime in the District of Columbia to convey threats.

    Additionally Mr. Warren, in the preparation of a response to your letter and in review of your identity, as prompted by your poorly drafted and resultantly threatening letter (for I know of no adequately professional attorney that would draft such a poorly contrived letter) there is no standing evidence to me Mr. Warren that you are an attorney of the Bar of the District of Columbia. If you are an attorney of the Bar of the District of Columbia please provide your Bar number to me promptly. If you are not an attorney of the Bar of the District of Columbia, please promptly provide me such evidence that you have been granted the right to represent your client in any legal undertaking, as well as the docket numbers of all cases in which you are representing your client in both the District of Columbia and the State of Maryland. If you are neither a member of the Bar of the District of Columbia, nor have you able to so promptly provide evidence that you are allowed to represent your client in the District of Columbia, please promptly provide me the name of the counsel that is empowered to represent your client. Please note that it is unlawful in the District of Columbia to represent any person as an attorney or counsel if you are not a member of the Bar of the District of Columbia, nor have been so granted. If charged and tried, you can be convicted of unauthorized practice of law.

    Additionally Mr. Warren, please note that I as a private citizen have the right to refer to anybody I care to refer to or describe as a “bitch” or “good faggot” as I see fit, regardless as to whether anybody else deems it to be highly offensive, and yes I have the personal right to be prejudiced, even if I am deemed to be prejudiced against “African Americans”, especially the black Africans who are being brought into the country and being supported in employment but not being differentiated in the records sufficient to delineate them from Black Americans who are the progeny of the Civil Rights Movement in this country and the struggle for independence in other countries of the West, whereby they are being used to steal our identities in the West for budgetary purposes. Nevertheless Mr. Warren, I sincerely regret that you are offended because I refer to one of your employees who happened to appear to be a female as a female dog hence “bitch” after she treated me like I was a dog. If she treated me like I was a human being I would probrably have utilized the word “woman” instead of “bitch”. Your client however, Mr. Warren has no right to bar me from being a patron of its publicly accommodatable establishment – a community supermarket and dining establishment – just because you now perceive that in your opinion, I hold “prejudices”. I therefore hold that your notice to deny me access to your client’s premises is but a retaliation against me for bringing to your client’s attention a concern about how some of your employees treated me, a member of the public, based on their own prejudices, and you are reinforcing my perception that the misconduct of your employees toward me are condoned by your client.

    On the contrary Mr. Warren, your Employer should be grateful that a patron felt free enough to alert you to the existence of an irrationally prejudicial employee who performed a coup-de-grace against your other employees in perpetrating discriminatory action against a member of the public and patron, instead of attempting to kill the messenger for applying logic in order to describe the situation and being forthcoming with it. Thus your message further reinforces my perception that Whole Foods certainly has a Complex when it comes to “African Americans” the treatment of Black men, and other racial affairs, including but not limited to the ability of a Western Heterosexual Black Male to perceive that many employers like yours throughout the country appear to be hiring Black Americans who I perceive to be “good faggots”.

    Perhaps we truly need to commence the process of exploring this Complex and getting to the bottom of it. It is for this reason why I also forward my complaint to the United States Department of Justice, and the United States Civil Rights Commission, albeit, without the necessary Consent Release to institute investigative action instead of mere policy action. The effect of this is that your employer, Whole Foods Inc. gets to sit at the table with such the likes as the President of the United States, the Attorney General, and the Commissioners, which makes the likes of you look Big, whilst I remain just a mere squabbling member of the public. Therefore, Mr. Warren, the ball is truly in your court to enable your employer to address its own Complex. It is not in my court.

    However, it is not going to do me any good if I am then crucified to disparation by be Denied access to publicly available establishments when upon being treated like a dog and coming to the realizing that I am among people acting like dogs, I walk away, thereby keeping the peace, create No Disturbance, and resorting to pen, paper, keyboard, and computer to relay the message to the overseers of those who act like dogs. I therefore offer to you, retract your very threatening message, and allow us to resolve this is a much less acrimonious manner, and I can refrain from sending off the Consent Release to the U.S. Department of Justice, or prying you to make good on the evidentiary requests above. I am confident Mr. Warren that your employer/client knows very well that honey and humor can win the day more than vinegar and anger. You, Whole Foods, and even the employees thereof – of your chosen comport mind you – stand to get much more mileage out of this if you approach it with – may we say – a good attitude.

    Finally, I hear you regarding my use of the term “good faggot” that you deem it offensive. If you choose the Good Path then at conflict resolution I can use the term “properly buggered” instead, and unfortunately I can in no wise go beyond this because this in keeping with how my People codify what Europeans did to our leading heterosexual men in times gone by in their attempt to cause Black Americans to surrender to slavery. You have them to blame not me, and I will not change from “properly buggered” until I am assured that the World Governments are not consistently prodding the Government of my Native Nation to consent to having my kind commonized by making buggery legal. However if your employer/client chooses the acrimonious path to address this matter or the World Governments continue to beat up my People using sanctions and such, and other schemes to deprive us of commerce such as not supporting heterosexual Black Americans in employment or commerce then “Good Faggot” is is. I sir, am a Jamaican.

    Let me know your decision within a day.

    Verily yours:

    /s/ Radcliffe B. Lewis
    Radclffe Bancroft Lewis, 2:24 PM, Tuesday, February 11, 2014.

    All rights reserved.

  5. Response from Wholefood’s Jay Warren below:

    > From: Jay.Warren@wholefoods.com
    > To: radcliffe.lewis@outlook.com
    > CC: Jay.Warren@wholefoods.com
    > Date: Tue, 11 Feb 2014 11:50:26 -0600
    > Subject: Whole Foods Market
    >
    > Re: Whole Foods Market Incident at P Street
    >
    > Dear M. Lewis:
    >
    > Please be advised that this letter is an official trespass from all Whole Foods Market premises. You may no longer shop at or enter any of our stores, nor may you loiter at or near the entrances. If you enter any Whole Foods Market and are detected they are instructed to have you removed by the police for trespassing. I have reviewed your correspondence and complaints. I have spoken with both regional and store leadership regarding your claims and I have determined that your complaints are without any merit.
    >
    > Further, your actions in referring to our employees as “bitch(es),” and “good faggot(s)” is highly offensive and prejudiced. In addition, it seems you also have a severe prejudice against our African-American employees. We won’t subject them to your insults any longer.
    >
    > Your claim has been forwarded to our legal department for handling, and I am in charge of it. If you find it necessary to contact Whole Foods Market or any Whole Foods Market Employees you must contact me and only me. Be aware, this is not an invitation for you to reiterate what you have already claimed. If you contact any Whole Foods Market stores or employees directly I will seek any and all civil and criminal penalties I have against you including harassment charges, injunctions, and protective orders. Please take your business elsewhere, we don’t want it.
    >
    > Jay Paul Warren
    > Global Litigation Counsel
    > Whole Foods Market Central Office
    > 550 Bowie StreetAustin, Texas 78703
    > (512) 542-3768 (Office)
    > 512) 499-6768 (Fax)
    >
    > This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, (3) strictly confidential, or read and/or processed by another individual on my behalf. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail is a violation of federal criminal law.IRS Circular 230 Notice: Any federal tax advice contained in this email and any attached documents is not intended or written to be and cannot be used or referred to for the purpose of (i) avoiding penalties that may be imposed by the Internal Revenue Service or (ii) promoting, marketing or recommending any partnership or other entity, transaction, investment plan, or other arrangement.

Comments are closed.