Swearing Oaths

Washington, DC -- when we observed that the Chief Justice had reshuffled the words of the Oath of Office this past Tuesday and he and President Obama, in turn, then skipped a word or two, my friend Connie, a law student-to-be turned and said, "this isn't going to be analyzed, is it?" Yes, Connie, this minor, but in some ways major, flub has indeed been analyzed and become the stuff of legend and conspiracies.


Perhaps to thwart litigation crazies who would attempt anything to derail the transfer of power, the Chief Justice quietly administered a rare do-over despite the fact that, whatever was uttered, Barack Hussein Obama became the 44th President of the United States at 12:00 p.m. on January 20, 2009. For me, it was a reminder that even mental giants such as Chief Justice Roberts and President Obama are human beings and can make mistakes. And they took care of it.


In our line of work, few mistakes are not fixable and lawyers are better off coming to talk to someone older and/or wiser who can help them fix the problem, including discharging any ethical obligations, than digging themselves deeper. It's not a bad idea for lawyers to spend a little time meditating on the wouldas, couldas, and shouldas and learn something from the mistake, but after that mourning period is over, it's useful to have a short term memory and move on.

Mistakes happen -- even to Chief Justice Roberts. What you do with a mistake is sometimes even more telling of your skills as a lawyer and, what's more, your character.

The C-Word

APABA-PA is pleased to report that the Philadelphia Bar Association Board of Governors unanimously passed a resolution at its December meeting condemning the continued use of the name "Chink's Steaks" by a cheesteak/soda fountain shop in northeast Philadelphia and offering to support efforts to effect a name change. This resolution was presented by APABA-PA members, Stella Tsai and Ken Massey, with assistance from the inimitable Tsiwen Law. The steak shop is named after the original owner, Sam "Chink" Sherman, who was not of Asian descent and got his nickname for having "slanty" eyes. The current owner has resisted all efforts to change the steak shop name, despite acknowledging the problems with capitalizing on this racial epithet and the hate crimes and bullying which have accompanied its use. The text of the Resolution follows:*

Philadelphia Bar Association Resolution Opposing Use of Racial Slurs in Business Names

WHEREAS the word “Chink” originated in the 19th Century as a racial slur against people of Chinese descent after a movement was started to expel Chinese workers from the United States; and

WHEREAS the word “Chink” is now widely used throughout the United States as a racial slur against people of Asian descent; and

WHEREAS Joseph Groh owns and operates “Chink’s Steaks” at Torresdale Avenue and Benner Street (“Wissinoming”) in Philadelphia, Pennsylvania; and

WHEREAS the C’s Steaks location in Wissinoming opened in 1949; and

WHEREAS until recently, Groh prominently displayed the name “Chink’s Steaks” at his cheesesteak stand at Columbus Boulevard and Christian Street (“South Philadelphia”) which opened in 2008;1 and

WHEREAS C’s Steaks was named for the previous owner, the late Samuel “Chink” Sherman, who was not of Asian descent;2 and

WHEREAS Mildred Sherman, the widow of Samuel Sherman, disclosed that her husband received the nickname “Chink” because “(h)e had slanty eyes…and the kids started calling him ‘Chink’”;3 and

WHEREAS in 2004, Susannah Park, then a resident of Philadelphia, and others including the Anti-Defamation League, implored Joseph Groh to change the restaurant name and educated him about the racially-charged history of the word “Chink” and the hate crimes and bullying which have accompanied its use; and

WHEREAS, Mr. Groh refused to change the restaurant name; and

WHEREAS Ms. Park’s campaign to change the name and media coverage generated considerable xenophobic hate mail to Ms. Park and Daily News reporter Myung Oak Kim; and

WHEREAS in 2008, members of the Asian Pacific American Bar Association of Pennsylvania (APABA-PA) asked Mr. Groh to re-consider his stance on changing the restaurant name, particularly as he opened the South Philadelphia location in close proximity to a thriving Asian American neighborhood and has publicly acknowledged the problems associated with capitalizing on such a provocative racial epithet; and

WHEREAS, despite this knowledge, Mr. Groh perpetuates and widely advertises a racial epithet as the restaurant’s name; and

WHEREAS in passing the Fair Practices Ordinance, the City Council of the City of Philadelphia found that discrimination in places of public accommodation causes embarrassment and inconvenience to citizens and visitors of the City, creates breaches of the peace, and is otherwise detrimental to the welfare and economic growth of the City; and

WHEREAS the Fair Practices Ordinance makes it unlawful for business owners to post any communication, notice or advertisement to the effect that any of the accommodations of any such place shall be refused, withheld or denied to any person on account of race, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, physical handicap or disability, or marital status, or that the patronage of any person of any particular race, color, sex, sexual orientation, religious creed, ancestry, national origin or physical handicap or disability, marital status, is unwelcome, objectionable or not acceptable, desired or solicited; and

WHEREAS the Philadelphia Bar Association has long demonstrated its support for human rights and commitment to diversity and inclusion through its adoption of resolutions condemning discrimination, whether directly or indirectly, on account of account of race, color, sex, sexual orientation, gender identity, religion, national origin; and;

WHEREAS its Board of Governors adopted the Statement of Diversity Principles on June 26, 2008.

THEREFORE BE IT RESOLVED that the Philadelphia Bar Association denounces the continued use of the name “Chink’s Steaks,” supports all reasonable efforts to change the name of “Chink’s Steaks,” and authorizes its Chancellor and Board of Governors to conduct a public education campaign about the reasons for the name change, to draft public statements or letters to publicize the Bar Association’s position and to take any other necessary steps, including the recommendation of legislation, to bring about the name change.

1 Mr. Groh has taken the “Chink’s Steaks” signage down , but we do not know whether this is temporary measure. The Philadelphia Bar Association will continue to monitor the situation.
2 Keith B. Richburg, Asian Groups Fight to Change Eatery’s Name, Washington Post, April 15, 2008 at A2.
3 Myung Oak Kim, Steak Shop’s Name Stirs Controversy, Phila. Daily News, Jan. 9, 2004.

*text is subject to technical edits by PBA staff.

Litigation Committee 2.0

Perhaps inspired by our host City, Seattle, the burst of enthusiasm for more cyberactivity at the NAPABA Litigation sub-Committee last Saturday led to the creation of this blog -- and a Facebook page for our less Facebook savvy committee members. We hope these tools will help us stay in touch more frequently and offer educational resources, including law firm and law department survival skills, networking opportunities and faciliate referrals to our fellow members.