A few thoughts on the end of the Paula Deen lawsuit


The two sides in the ongoing Paula Deen lawsuit have asked for a judge to dismiss it, apparently after some sort of settlement.

From the AP’s Sides agree to drop Paula Deen discrimination suit:

The lawsuit would be dismissed “with prejudice,” which means it can’t be brought again with the same claims.

“While this has been a difficult time for both my family and myself, I am pleased that the judge dismissed the race claims and I am looking forward to getting this behind me, now that the remaining claims have been resolved,” Deen said in a statement Friday.

Jackson also issued a statement that backpedaled on assertions in her lawsuit that Deen held “racist views.”

“I assumed that all of my complaints about the workplace environment were getting to Paula Deen, but I learned during this matter that this was not the case,” Jackson said in the statement, which was confirmed by her attorney. “The Paula Deen I have known for more than eight years is a woman of compassion and kindness and will never tolerate discrimination or racism of any kind toward anyone.”

In other words, the plaintiff Jackson is saying that her complaints about the work environment at Uncle Bubba’s were not getting all the way to Deen. The ending of the lawsuit has given Deen a chance to distance herself from some of the claims and from the workplace environment at Uncle Bubba’s that spawned those claims.

A few thoughts:

1) I’ve seen a few comments online from Paula Deen supporters who are disappointed that the civil lawsuit is not going to trial, where Deen would surely be vindicated.

Those people are wrong.

Deen, her brother, and other parties might actually have won the case, but, given the content of Hiers’ deposition, it would have been a sordid affair — widely covered, with daily doses of testimony about the N-word, racial tension, and pornography being viewed in the workplace at Uncle Bubba’s.

And we likely would have heard more stories about simmering resentments grounded in race and culture, like this one about the feelings of one of Deen’s longtime cooks.

Hard to see any winners in that.

2) It’s hard to know whom to blame — Deen herself?, her original legal team?, her PR strategists? — but this suit should have been settled out of court soon after it was filed. If nothing else, Deen and the rest should have settled it as soon as they read  Hiers’ deposition. And after they read some of the statements in Deen’s deposition, some of which sound really terrible when isolated, they should have been offering Jackson whatever she wanted.

3) It’s worth keeping in mind that Deen’s brand was already under some pressure before this lawsuit burst onto the headlines with the release of Deen’s deposition. The Food Network contract was about to expire without a new one being signed.

Also, and maybe more importantly, we’ve been seeing a shift in how Americans think about food generally and about Southern cuisine specifically.

Wander sometime down to the Forsyth Farmers’ Market on Saturdays here in Savannah, and take a look at the crowds. They’re buying plenty of meat, eggs, even cheese, but they’re shopping for those products direct from growers and farmers who seem to respect the animals they’re raising. Those shoppers — including local chefs and restaurant managers — are also buying in-season vegetables by the armload.

A few years ago, with some minor but meaningful changes in her cooking and branding, Deen could have ridden this wave of interest in fresher and more local ingredients. I’m not saying she necessarily should have, but she could have. If she had made that shift, ever so slightly, she might have miffed a few butter-starved fans, but she also might have been able to shed some of the caricatures that have attached themselves to her.

Imagine if, instead of signing an endorsement deal for a diabetes drug, Deen had launched a mini-crusade to look past the prepackaged products that defined Southern cooking in the second half of the 20th century and to embrace the increasing movement toward heritage farming and truly traditional cooking.

4) This entire case should serve as a warning for any small businessperson who makes it big.

I know restaurant owners all over Savannah who say things at work that would sound horrible in court documents. Plus, it’s common to see managers and their employees out drinking together once the dinner shift is over. Lines blur.

But once restaurant owners — and other small business owners — have achieved even a modicum of success, they need to follow sound policies in terms of human resources management and corporate liability. Harassment and discrimination lawsuits can undo businesses financially and in terms of public relations.

5) The handling of this lawsuit has also provided plenty of fodder for public relations courses.

For years, Deen seemed to be a natural self-marketer — and she brought many other small businesses in Savannah along for the ride.

But how could anyone be so tone-deaf about the content of those depositions? Was there any viable plan for crisis management in those hectic and stressful days after the national media firestorm started?