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Spokane, Washington  Est. May 19, 1883

Worker wins lawsuit over racist remarks

Thomas Clouse Staff writer

A former employee has been awarded $114,000 after he successfully sued Mister Carwash Co., claiming he had been the victim of racial discrimination.

Superior Court Judge Neal Rielly found in favor of Antwon Ross and his attorneys, who argued that Ross suffered damages as a result of his employment at one of the three Mister Carwash locations in Spokane. The businesses are part of a national corporation, Carwash Partners, Inc.

“Mr. Ross was subjected to a very hostile work environment and treated in a despicable manner,” Rielly wrote last week in his opinion.

“He was subjected to comments and actions that no citizen should have to experience,” the opinion said.

In the trial heard last week, Ross, who is black and Native American, alleged that another employee, Adam Bogle, asked Ross in 2004 if he was a “gangster.”

Knowing Ross had been offended, Bogle later performed a dance he called a “crip walk” for Ross, according to court records.

Rielly concluded that both actions were racially motivated and that Ross found both actions to be offensive, according to the judge’s opinion.

Later that same year, Ross testified that Bogle said he was considering a tattoo and asked Ross to draw a picture of a black woman’s buttocks, “which (Bogle) said was a thing of beauty.” Ross testified that he was offended by that request, Rielly wrote.

“Based on the evidence before this court, I am satisfied that Mr. Ross was subjected to racially offensive comments and gestures while an employee of Mister Carwash and by other employees of the business, including Mr. Bogle,” Rielly wrote. “I am further satisfied that the racism experienced by Mr. Ross on that job was intentional and pervasive.”

Ross and his attorney, Nicholas D. Kovarik, were asking for $285,000 in damages. But Rielly awarded him $114,000.

“It is difficult to assess damages, but Mr. Ross should be fairly compensated,” Rielly wrote.

Ross was pleased with the decision, Kovarik said.