N.J. grandparents accused of terrorism for drugstore order, lawsuit claims
http://www.nj.com/burlington/index.ssf/2015/06/cvs_employee_called_nj_grandparents_terrorists_law.html
A pair of Mount Laurel grandparents are suing CVS Pharmacy and two Evesham police officers, after the couple said they attempted to purchase a dental hygiene product from its Evesham Township location but were instead accused of being terrorists by an employee and subjected to a “bigoted tirade of harassment and humiliation.”
Evesham’s solicitor, however, defended the officers involved in the incident and the facts will show they acted appropriately.
According to a lawsuit filed in New Jersey Superior Court by Attorney Eric Lubin against CVS, its employee and the officers, the confrontation began when Julius and Esme Trindade, 73 and 71 respectively, entered the CVS on Route 73 on Oct. 17, 2014, seeking to buy ammonium alum, an over-the-counter product often used in oral hygiene or anti-perspirants for its astringent qualities. The pair said their dentist suggested they use it in a mouthwash to treat mouth sores.
Julius Trindade, who, like his wife, is an American citizen of Indian descent who speaks with an accent, had called the night before to check the price of the ammonium alum and was told he’d have to call back the next day since orders could not be completed after 8 p.m.
They came into the store the following morning, and since they had previously purchased six bottles of the ammonium alum from the CVS in the past for the same purpose, brought in one of the empty bottles to make sure they received the same product.
When they asked an employee, Tashauna Gilliam, for help finding the product, the lawsuit claims Gilliam’s demeanor changed and she said she had to make a phone call.
Esme Trindade went to another part of the store, but when she returned to her husband, she found him being questioned by two Evesham police officers who claimed the request for the product raised a “red flag” in CVS’ system, said the Trindade’s names were on a terror suspect list and questioned them about their ethnicity.
The complaint states Evesham police did not have access to such a database and no “red flags” were raised.
“Those were complete and obvious lies. [CVS and Gilliam] uttered those excuses as mere pretext to justify their blatant discriminatory practices based on nothing more than ethnicity, skin color and country of natural original,” the lawsuit states.
Despite their attempts to explain the product could not be used in explosives, the complaint states the couple were escorted out of the building by police.
They left the store but returned shortly after, however, so Julius Trindade could get Gilliam’s information about her employment with CVS. When he entered the store, Trindade alleges Gilliam was hostile toward him, screamed “You terrorists come to this country to make explosives. I don’t want to ever see you in this store,” and threatened to call the police again.
“[The Trindades] had never been so ashamed, mortified and insulted in their entire lives,” the suit states.
In a statement, CVS’ Vice President of Corporate Communications Carolyn Castel said the company had not yet received the lawsuit, and while they had not yet been able to investigation its claims, said they are “not in keeping with our company’s policies, practices or values.”
She added take any violation of their nondiscrimination policies very seriously and take disciplinary action if they are violated.
Gillespie, the township solicitor, said he had read the lawsuit, and believes that the township officers did nothing wrong in connection with the incident.
“We’re very confident that the facts are not going to ever support the allegations as to the Evesham officers,” said Gillespie. “If every time someone was able to allege a police officer responding to a call was engaged in some sort of discrimination because they responded to a call and ask questions, we’d be in some trouble, wouldn’t we?”
The complaint alleges the actions violated the state’s anti-discrimination law and the Trindade’s constitutional rights. They’re seeking damages and relief for mental anguish and emotional distress, as well as compensatory damages, punitive damages and attorney fees.
Speaking Friday, the Trindade’s attorney Eric Lubin called the entire incident “absolutely disgusting” and said that the couple —both college graduates who have been married for 43 years, and have four children and three grandchildren — are hardworking Americans who have never had any problems with the law in the past.
“They’re shocked this happened to them … They didn’t deserve anything that happened to them. Especially in this day and age. I really hope it doesn’t happen to anybody again,” said Lubin, who added he hopes CVS puts measures in place while the lawsuit proceeds to make sure no other customers are treated similarly.
CVS’ statement said the company has “firm nondiscrimination policies that it rigorously enforces and we are strongly committed to creating an environment that fosters diversity across all areas of our business. We serve all communities and we do not tolerate any policy or practice that discriminates against any group.”
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