Wilburn: ‘N’ word not illegal

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Monday, November 16. 2009

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At last week's meeting of the Barrow County Board of Commissioners, Steve Worley reminded his fellow commissioners not to comment on recent racial and gender discrimination allegations that are now under investigation by the county.

Re-reading his Oct. 27 motion about hiring a private investigator, Worley noted that a part of the motion was that board members would make no comment during the investigation.

“This board needs to remain silent on that issue,” Worley said.

He didn’t disclose the apparent breach of the motion. However, Commissioner Larry Joe Wilburn did acknowledge after the meeting that he had discussed the topic with political activist Peggy Chaney, who moderates a local citizens blog.

Chaney said in an interview that during their conversation at the Real Deal grocery in Winder, Wilburn broached the subject with her.

“I knew they weren’t supposed to be talking about it, so I was leery about asking questions,” Chaney said.

She said she started walking away and Wilburn said, “You know, the “N” word is not illegal.”

Chaney said she turned around and looked at him.

“He said it again,” she said.

In response, she pulled up her sleeve and informed the county commissioner: “The ‘n word’ has nothing to do with the color of skin. It has to do with what type of person you are.”

Asked Tuesday night about the incident, Wilburn first said commission chairman Danny Yearwood told him that District Attorney Brad Smith had said the use of the word was not illegal.

Then Wilburn backtracked, saying he wasn’t sure who told him that and added that he shouldn’t have depended on “hearsay” for his information.

Wednesday morning, Smith said there is a difference between “criminal” and “illegal.” He said Yearwood approached him two weeks ago when the HR director’s allegations about race and gender discrimination surfaced.

“I sat down with the chairman two weeks ago,” Smith said. “He gave me hypotheticals and I gave him my opinion on those hypotheticals. But I know nothing of the facts of this case, other than what I read.”

Smith said the hypothetical situation that Yearwood gave him was something along the lines of, “Let’s say an employee made an allegation against a director or a supervisor.”

Smith added: “He gave me no names and no details or very little details... It was, should my office be involved in looking at it. He gave me hypotheticals, and based on those hypotheticals, I said they are not violations of Georgia criminal law.”

Smith noted that he only prosecutes violation of the Georgia criminal statutes and that he is not as familiar with federal or state employment law. But to set the record straight, he added:

“That is not to say it is not illegal. That is not to say someone can’t sue you. That does not mean it’s not a violation of equal employment laws. It does not mean it’s not a violation of federal law. It does not mean it’s not a violation of employment law. There are a lot of laws it could be a violation of. And, it is possible, based on the context and crime, that it could be a violation of a criminal law, but those are not the facts that were given to me in the hypothetical.”

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#1 Dixon Cider on 11/16/09 at 09:54 AM [Reply]

Well, it's obvious that this fiasco is going to cost us (the taxpayers) a fortune . They need to get whatever was said out in the open, beg forgiveness, write the check and move on.

#2 Bill on 11/16/09 at 10:30 AM [Reply]

Can I sue every time a black guy rides down the road and I have to hear the N word or when Im at work and all people are calling themselves the N word or do I have to have my own race card to sue.

#3 Anita Hardwun on 11/16/09 at 12:41 PM [Reply]

Unfortunately in today's litigious society those of "color" are quick to play the race card and quick to proclaim descriminination without acknowleding their own short comings.

The "N" word may not be illegal, but being white and saying it may as well be.

Today's black leaders are playing on racist tendencies that simply aren't there. Many of them, such as Jesse Jackson and Al Sharpton have made their identities about racism. If they didn't continually create racism, they would have no existence.

As an example, one look to the race for the Mayor's office for the city of Atlanta. Burnella Jackson-Ransom, the former wife of former mayor Manyard Jackson recently said "...said she will work for Reed (a mayoral candidate) to “wake up those African-Americans who have become bamboozled into believing a moderately-educated, southern white woman (refering to Mary Norwood) will do something for them.”

#4 Anonymous on 11/16/09 at 02:16 PM [Reply]

I didn't grow up in the south. I didn't live in a area that was all one color, one race, one class, one religion, one anything. People where taken at face value; either you were qualified or not.

When I moved to the south, it was like stepping back in time.

I remember at a company dinner, I walked up the the company driver and introduced myself to his wife and told her how I really appreciated her husband being there to drive me when needed. He just looked at me and stated "you're not from the south are you?"

I never realized until then, no one from the company management had treated him or his family like any other (white) employee. This man who always made sure we got to the airport on time, who was always there to pick us up, who willing took our cars to be serviced was treated like a 2nd class citizen.

That was 10 years ago, and to realize it's still happening!

#4.1 Bill on 11/16/09 at 07:35 PM [Reply]

Give me a break you must have grown up in a all white area. Most of the north and west do not have 1/3 the African American population we have. I live in the midwest growing up and I thought it was the same way but, you may have seen a black person every so often and they did not demand things from you our get in you face rude. The same in the south if you go to a small town with a low population of african americans everyone gets a long just fine and blacks are treated different. The difference is not because they are black but, for some reason with the push for a race card they do not want to get along. Like a Russian friend of mine said the more you give people the more that want.

#4.1.1 Anonymous on 11/17/09 at 02:15 AM [Reply]

Nope - there were blacks, whites, Hispanics, Asians, Western and Eastern Europeans.

#4.1.1.1 Joe on 11/20/09 at 09:04 PM [Reply]

here are your national statistics blacks are 9.1 times as often to go to jail than whites. It is a fact and contrary to what you stated the south has a lower rate of imprisonment of blacks to whites than 90% of northern states. So I am glad you lived in a upper class neighbor hood up north but, your facts just don't add up.

Here is part of my information you need to inform yourself if you don't want to read the facts just look at the graphs by state. http://vdare.com/sailer/050213_mapping.htm

#4.1.2 Anonymous on 11/17/09 at 03:27 PM [Reply]

bill oh bill i can tell by your comment that you are just like every good old boy i never talked to god bless u.

#4.2 Anonymous on 11/16/09 at 11:41 PM [Reply]

why don't you move back where you came from if you think the south is so bad??
racism is far more prevalent from blacks than white people.
blacks have the United Negro College Fund, Black Entertainment Television (BET); can you imagine the furor that blacks would cause if we had the White Persons College Fund or White Entertainment Television!!!!!
it's people like Jesse Jackson and Al Sharpton (who provide for themselves by stirring up trouble) that keep stirring the racism pot!!

#4.3 Josh----(because cowards refuse to post their name) on 12/01/09 at 09:22 PM [Reply]

That is total BS!!!!...I did grow up in the south....and have lived in the North..in areas where it is mixed class, race, religion, where everyone is taken at face value. And, in my opinion, racism exist in the south in the figment of the imagination of those from the north. Racism also exist in the North; Far greater than in the South. Only thing is, racism has been mistakenly identified as a southern issue that exist no where else other than the south.....question...what part of the country were the LA riots? (racially driven), what part of the country was the black guy shot by white cops while sitting on his front stoop? (racially driven)..I could go on and on.

Treat a man like a second rate citizen? Seriously? White, Black, Green, or Yellow...he was a driver for a company of a bunch of yupy white folks.......it doesn't matter where you live, the guy who drives you to the airport,
and opens the door because your too lazy to reach over and open it yourself, is treated like a second rate citizen......those who give up their swords, work for those who don't.
Also, use of derogatory words is NOT illegal. And to respond to the one who says we should "remove them from our vocabulary", unfortunately, the ones (sorry, not meaning to be stereotyping), who hate the word, often refer to themselves by the word. Just like northerners refer to themselves as Yankees (which, BTW, could be considered a derogatory word), it is difficult to not refer to a race by a name that they refer to themselves as.
With that said, it may not be illegal to use the derogatory words, but.....when your words start offending others, and it is known that the words could offend others, then the person saying the words feet should be held to the fire. And irregardless, someone in a position that represents an array of people of different races, religions, social-economic status, etc., should be held to higher accountability.
Rant OFF

#5 Hue Jardon on 11/16/09 at 10:07 PM [Reply]

I imagine there are going to be varied opinons on this subject, mostly along ethnic lines. How unforutnate. I think that deep down everyone just wants a place where we can live in harmony and issues like race aren't important...

#6 Shame, Shame, Shame on 11/16/09 at 11:24 PM [Reply]

Mr. Wilburn - Justifying the "N" word as not discrimination is a joke. Guess what-we do not buy it! You worked with the State of Georgia many years and the state is very vigilant about educating about discrimination.

Thank you Ms. Chaney for just telling the plain honest truth. You are a hero & the commission board should take lessons from you.

Mr. Wilburn, I'm highly disappointed in your lack of judgment.

#7 anonymous on 11/17/09 at 03:39 AM [Reply]

Can someone remind me what year it is? N word not illegal!
1. Stupid to not have eliminated this word from ones vocabulary
2. Ignorant to defend using this word
Lord help us get through this group in charge. This is going to be just as expensive as the previous administration. Only this time we are writing checks to individuals and receiving no land, buildings, roads...nothing.

#8 "N"onymous on 11/17/09 at 06:09 AM [Reply]

The "N" word and "cracker" in one issue? More fun than reading about Monk Tolbert!

#9 anon on 11/17/09 at 08:55 AM [Reply]

The "N" word cost Jackson County $500,000 when a commissioner (still in office) used it. He also used the "Q" word to describe another employee who got some retirement money to leave too.

#10 Anonymous on 11/17/09 at 10:31 AM [Reply]

These employees did not ask to be referred to in some derogatory way. The people using the "N" word chose to use an ethnic slur. These employees have done their jobs efficiently and with integrity, yet people are blaming these employees. It is a sad message we send individuals subjected to poor behavior when their perpetrators are defended and the employees are vilified. Maybe people vilify the complainants to ease their own conscience.

#11 Southern Lady on 11/17/09 at 11:13 AM [Reply]

I think it is a shame that so called Grown ups are still name calling. That is what kids do not Adults. It may not be illegal to call names but it is bad manners. I do agree that blacks are giving a lot more freedoms now than whites have but it is not going to change the fact that we are all human beings created in Gods image and equal in His eyes. A person in any kind of leadership position should be extra careful how they use their words. You never know who is watching you. God is always watching and he knows your true heart. But what are you teaching your kids. Love or Hate!

#12 Peter Gozinye on 11/17/09 at 11:43 AM [Reply]

Larry Joe Wilburn is part of the good ole' boy network that needs to be removed from county government. His attitude that the "N" word isn't illegal is proof that he is behind the times and out of touch with modern day reality. This county will never progress as long as that attitude is prevelant. People, if you live in his district, remember this when you next go to the polls. Its time to vote out the good ole' boys.

#12.1 billy on 11/17/09 at 03:13 PM [Reply]

Is this good ole' boy system the same as the good ole' thug system. Look at any black leader in this area where are all the white staff members.

#12.2 Dixie Normus on 11/18/09 at 12:43 PM [Reply]

I remain hopeful that truly qualified candidates step forward come next election. We really need some progressive leadership that will be fiscally responsible and mindful of today's moral climate.

#13 pick me! on 11/17/09 at 07:58 PM [Reply]

I wish someone would call me a name. *sigh*

#13.1 Ivana Humpalot on 11/17/09 at 09:44 PM [Reply]

I agree. Sometimes its hard to be a woman at work. At one time, I felt as though me and my efforts constantly got overlooked. But I dont blame "the Man" about it! I redirect the negative energy and project it back to them as a positive force. That, my friends is the key. Stay up-beat and never let them get you down. Thats what makes me strong enough to continue doing well for myself!

#14 hank taylor on 11/17/09 at 09:21 PM [Reply]

If you want to hear a blatant use of the "N" word, just listen to thirty seconds of any song on any rap station, then cry rascism. Better yet, listen in on a conversation with a group of " african americans" for one minute and tell the whiners how many times you heard the "N" word, record it if possible, play it at the next meeting, and see the reaction from both parties.

#15 No name calling on 11/18/09 at 12:09 AM [Reply]

Officials-you learned in kindergarden not to call anyone names. If you would have remembered this, Barrow County could be saving a whole lot of money. Grow up!

#16 just as concerned on 11/18/09 at 03:29 AM [Reply]

I feel that all races should have rights not just a few. Many of you are right as far as there are many people stiring the racial pot and most of them are black. All of this got worse when we elected a Pres. that is black. If you think of it during that time even that became most of the Pres. debate was all taken out of context and became about race and revolved around racial issues. I feel that there are good and bad in every race. No one should be charactrized or critisized because of their racial back ground. But only should be judged or to put it plain labled by the person they are, or their own personal character. God made all colors and he wasn't picky he died on the cross for us all. Because he loved us all not just part of us. The world would be alot better place if we could not place a label on someone because of their race.

#17 just as concerned on 11/18/09 at 03:46 AM [Reply]

Also I left out something else I don't think it's right to tie up our leagal system with childish acts of so called adults and their name calling. Tax payers money should be spent more wisely for things that are really gonna help the citizens in some way not stupid things like he said she said stuff like this. Come on these are supposed to be people whom are running the county Govt. and are supposed to be grown-up by now not little children. You would think that they would choose their words more kindly toward their co-workers' and you can't help who you work with. If you have an issue with another talking it out should work,but if that fails they should go to their boss and he or she should handle the situation. If either party is in the wrong according to Employment laws then the should be released from their position.Not being in court tying up the justice system with child-like behavioral issues.

#17.1 Anonymous on 11/18/09 at 10:08 AM [Reply]

Why should an employee be released from her or his position because of the supervisor's bad behavior. Being the supervisor requires responsible behavior, such that legal issues do not arise. When racial language is used to destroy the integrity, of subordinates, by an Elected Official, then the employee doesn’t have a proper authority beyond the courts and EEOC to report the inappropriate actions. Hold the Elected Official to the higher standard. The employee has a job to do, which does not include being degraded, harassed or slandered.

#17.1.1 just as concerned on 11/19/09 at 05:28 AM [Reply]

I guess I was misunderstood there. What I meant all employees involved even supervisors' if in the wrong should be fired. And as far as the Elected officials ,if they prove to do wrong while in office remember that when they come up for re-election.

#18 Allen on 11/29/09 at 06:46 AM [Reply]

Come on people, with everything that has happened in this world from terrorism and crooked politicians taking advantage of everyone, no matter what color they are why can we not get along. I have friends that are black. I have respect for them as they for me. Treat me like a human being and I will treat you the same way. Al Sharpton and Jesse Jackson need to be thrown in the slammer for all the crap they had started over the years. They are two of the biggest racist I have ever seen. But listen to some of the rap music by these black groups and they are using the N word faster then anyone else. Duh!!!!!!!! But let a white man say something like that we get slammed with a law suit or something.
Like Bill Cosby says in his letter he posted on the net. A lot of this is caused by his own race. Like using ebonics or whatever kind of language that is. I do not try to judge anyone by their colors. I will treat anyone the way they treat me. If you come in to my place of business or my home with a chip on your shoulder or a racial slur I will treat you the same way. Treat me with respect and I shall do the same. I have seen enough fighting over the years from Being in VietNam and around the streets. How much longer must this go on? Accept people for who they are, regardless of color. If everyone done that this country would be a better place to live. Screw the politicians who wants to make a big thing out of this. Everyone of the crooked politicians should be thrown in the slammer. It is time to put some honest people in office with strong beliefs instead of these people who wants to rip off everybody . I am sick of it all. It is time for the US citizen to say "ENOUGH"

#18.1 just as concerned on 11/29/09 at 06:36 PM [Reply]

Well said Allen. I agree 100% with everything you said.

#19 Thoughtful on 12/06/09 at 05:39 PM [Reply]

There is work to be done on all fronts. There are no race cards and there is no shame in believing that work should be a place for professionalism. If it were not for Sharpton and Jackson and people like them, some of the most heinous crimes/indiginities would go unnoticed.

Perhaps when Americans (no matter the ethnicity) begin to have honest dialogue some of these issues can be laid to rest. What I find interesting is that 95% of people who make these derogatory comments are Christians. Makes one think doesn't it?

#20 anon on 12/08/09 at 01:08 PM [Reply]

YOu know Me personally, I am white, and out of the six guys that i hunt with, 4 is black. i respect those guys just as i would a family member. whats funny is that i do not hear these guys use that word in ref. to themselves or others. They do on the other hand refer to "that younger generation as a bunch of THUGS and HOODLUMS". I agree with them in all aspects, white, black or latino. YOu know i do also agree with them on 1 more thing, If they would have gotten their a$$ beat and had to have grown up like we did, helping on the farm and having to get out in the garden to pick supper, or to get the harvest up for winter. maybe so much trouble wouldnt be going on. I do on the other hand belive that racism is more dominant in the south than it is anywhere else on earth. THAT GOES FOR WHITES AND BLACKS,AND LATINOS TOOOO....

#21 anon on 12/08/09 at 01:14 PM [Reply]

You know everything is all about racism when it comes to the White man with what we say or do and its our fault that we had them as slaves. But correct me if im wrong, wasnt it a black man that sold out his own kind back then to get that, that they are still after today...MONEY$$$$$$

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Wilburn: ‘N’ word not illegal

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Wilburn: ‘N’ word not illegal

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