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| He sued the city and three police officers for humiliating him and violating his civil rights, but almost a year after the incident, a circuit court judge threw the case out before it reached a jury. The judge ruled that police have broad discretion in their conduct when responding to reports of criminal activity. Gainers lawyer couldnt prove that police used "undue harassment" or "excessive force" during the incident. The ruling infuriated Gainer, but it wasnt just the police and the justice system that he felt had abandoned him. People in the community had called the police. All this time hed been preaching to the choir. Gainer concluded that his work with the gospel singers had brought Eugene, known for its feminism, environmentalism, and liberalism, no closer to admitting its racism.
Lyllye Reynolds-Parker, a black woman who works in the universitys Office of Multicultural Affairs, has lived all 53 years of her life in the Eugene community. She says some people want to understand racism only as something they can see, such as lynchings. She says when subtle racism occurs, folks think "it just sounds like whining" because they arent willing to look at the situation from a minority viewpoint. "Its not that they cant notice it," Parker says. "They just dont want to know."
But Gainer chose to deliver that message in cities that lacked the racial diversity of his childhood home. He headed to Arizona for college in 1972 and organized a gospel choir on campus. The choir served as a gathering point for blacks of all different backgrounds. After eight years, Gainer was again ready to move on and left the Arizona desert for the plains of South Dakota, where he had secured an administration job at South Dakota State University in Brookings. It quickly became clear to Gainer that South Dakota was not yet ready for his dream. While helping a college friend move back to his small hometown north of Brookings, Gainer and his friend fell asleep in the back room of the Laundromat that his friends family owned. Gainer awoke around 10:30 p.m. to the sound of someone tapping the butt of a gun on the window. His friend saw two Police asked for Gainers identification, and one officer told him shed have to verify it at police headquarters. In the meantime, the second officer kept him against the wall, his gun pulled and pointed at Gainer. He stood staring at the flower pattern on the Laundromats wall for 15 minutes, thinking about how hed been in town less than six hours. The first officer returned with an apology. "We had a report of a man who had assaulted and raped a woman, and you fit the description," Gainer recalls the officer saying. The next morning, Gainer went to the post office and saw the wanted poster for the suspect. The poster was about five years old, and the mans skin color looked so dark that Gainer thought it couldnt be mistaken for his own, which was much lighter due to his Creole ancestry. Gainer says some of the local officials apologized; other people in town said the police officers were just doing their job. Gainer, 26 at the time, let it go. He left the state 10 months later.
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