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Former workers at Taos' Whitten inn might sue
Matthew van Buren | The Taos News
Posted: Monday, November 02, 2009
- 11/3/09
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TAOS — The story of Taos' Whitten Inn (formerly the Paragon Inn) has garnered national attention this week with the publication of a piece by the Associated Press after months of coverage from The Taos News.

Now an Albuquerque attorney says he will likely be taking seven former employees as clients and seeking to recover damages from hotel owner Larry Whitten. Dennis Montoya said he will meet with the employees this weekend to discuss taking them on; he said he may work for them on contingency, seeking damages and attorney's fees from Whitten if he is able to win the case.

He said the loss of a job, especially in a small Northern New Mexico town such as Taos, is a "substantial disrupter to a person's life."

"In Northern New Mexico, job loss is not a small thing," he said. "It is a difficult economy."

Former hotel employees and their supporters began protesting in front of the hotel in August, saying they believed they were fired because they are Hispanic and complaining about some of Whitten's policies. Whitten did not return a message requesting comment, but he has said in previous interviews that he asked employees not to speak Spanish in front of him and told some of them with names he found difficult to understand to change them: Martín was to go by "Martin," and Marcos was to be known to hotel guests as "Mark."

Former employee Michelle Martínez complained that Whitten called her "buckwheat" several times before she was terminated via a voice mail message left for her on a day off. Whitten has denied the firings were racially motivated and has defended the controversial policies as standard business practice. Local attorney Alan Maestas is representing Whitten; he said Whitten is now trying to "get the hotel on its feet" and is willing to meet with the protesters to smooth things over.

"The invitation's out there to sit and talk and work through the problems," he said.

Last month, Whitten said he planned to sell the inn and leave Taos as soon as he finished renovations. More recently he said business is picking up and he plans to stay. Maestas said the initial "backlash" to his presence in Taos left Whitten with a bad taste in his mouth, but he has gotten to know the community better since August.

"I think he's seen that there's another side to Taos," he said.

Maestas said the ball is now in the protesters' court. The League of United Latin American Citizens has been involved in the controversy since early on. State Director Paul Martínez said the organization is planning a demonstration and press conference at 11 a.m. Nov. 14.

Paul Martínez also said he has been in contact with the federal Department of Justice, which he is urging to act as a mediator in the dispute. He said LULAC will not get involved with individual plaintiffs' cases against Whitten. Rather, Paul Martínez said the organization will focus on defusing tensions within the community.

"We have to represent our community's interest," he said. "I'm getting calls off the hook."

Montoya said if he takes on the former employees' cases, he will likely seek attorney's fees on top of damages consistent with the economic, social and psychological impacts of their terminations. He said Whitten's policies "blatantly violate" antidiscrimination laws by forcing employees to choose between their jobs and their identities.

"That's a pretty horrible thing to have happen," he said.

Montoya said he will likely bring the cases under Title VII of the Civil Rights Act of 1964 and the New Mexico Human Rights Act, which makes it illegal for employers in the state to discriminate or discharge employees based on race, age, religion or similar factors.

For more of The Taos News' coverage on this incident go to www.taosnews.com


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Comments (14)
What do you think? Add your two cents to the conversation by contributing your view on the news. Please, be respectful to the community and your fellow users and use your real name when posting. Inappropriate postings will be removed and your privileges to comment further might be suspended. If you'd prefer to submit a letter to the editor for possible inclusion in The New Mexican's print edition, visit our submissions page.


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Dave Lopez   (posted on 11/6/2009)
Wow, this man came in like he stormed the beaches of Normandy. And now he's back peddeling like he did no wrong. Traditions in Northern NM are centries old and are not going anywhere.Our ancestor's settled here long before Plymoth rock was discovered. The angry white person has reared it's ugly head and is attacking everything that is different from their elitist beliefs. This man played a childish game and now will be punished as such.
Drive By Poster   (posted on 11/4/2009)
rita wrote, "Calling an employee Buckwheat is enough to convince me that Whitten is a racist." how do you know that is what he called her? were you there? she can say whatever she likes... and she *will* say whatever she likes.... to a lawyer.
Rita S   (posted on 11/4/2009)
Calling an employee Buckwheat is enough to convince me that Whitten is a racist. He should get out of town and spare himself the humility of a law suit which he will surely lose.
Drive By Poster   (posted on 11/3/2009)
hey blood sucking lawyers? we are all pulling for you! SUE! SUE! SUE! you scumbag lawyers are awesome! :)
Drive By Poster   (posted on 11/3/2009)
here we go. i was waiting for this. now the marTINs are going to SUE. not the martins.. but the marTINs. LOL!
PC Chavez   (posted on 11/3/2009)
Like it or not, El ProfeLoco's offer is true, and a fact. There is reverse discrimination in Northern NM. There is also a big welcome for those that come here, love it and don't want to change it or the people. They are treated extremely well by the locals. Those that hate it here and show it, are not treated well by the locals. I find the same in Hawaii and any Indian reservation too.
Charlie Crane   (posted on 11/3/2009)
El ProfeLoco: How "white" of you to make such a generous offer. Racist.
El ProfeLoco   (posted on 11/3/2009)
Pierson: Get over it? Not hardly; the white population has yet to feel the full sting of overt and covert racism that remains rampant in this nation. Justice in America has too long been "JustUs". Now that the demographics are tilting, the growing non-white population in this country is just beginning to approach equity in a nation still dominated by white power and white money. I've lived in six states and have done business extensively in the majority of states and some foreign nations. It is a pleasure to reside in NM, one of the few places in this nation where "people of color" are not totally dominated by Anglo/white power. Any dissatisfied gringo-come-latelys are welcome to move to another state. Those white immigrants who are respectful and appreciative of our state are welcome. Mr. Whitten does not fall into this latter category.
John Martinez   (posted on 11/3/2009)
Jim, are you sure it's because you are a WASP, and not because you are not qualified?
Jim Green   (posted on 11/3/2009)
Title VII and "Fire at will" are two opposing forces at work in New Mexico. It's interesting because as a WASP, i have been unable to get employment by the state. So, if this case goes on that basis, then i have a basis for my case against the state for ethnic discrimination! Woo-Hoo! I'm retiring early!! Viva La Revolution!!
PC Chavez   (posted on 11/3/2009)
"Whitten is now trying to "get the hotel on its feet" and is willing to meet with the protesters to smooth things over." Oh yeah, how? Was there a public apology?
Nancy Richardson   (posted on 11/3/2009)
John, that's mean. It's not easy to maintain your equanimity during a lawsuit, let alone when you don't have a job. I imagine that any money they eventually win could well go towards accumulated personal expenses. And that's IF they win. And IF Whitten pays up afterwards. Court-awarded monetary penalties are simply that; there are no guarantees attached about collecting that money, nor does the court's decision include a means of doing so. Besides, the article states that attorney Montoya hasn't yet decided if he will even take the case on a contingency basis. Whitten is an ex-Marine, according to the first article that appeared in SFNM, and apparently came into Taos like a full Marine landing and started issuing orders. He seems to be locked into a military drill sergeant mindset, which to me seems incompatible with the hospitality industry. He could have just as easily met with his employees with a plan for improvements, and ask for their input and to work with him in turning the motel around, but I don't think that approach would even occur to anyone who thinks as Whitten seems to. As it is, he will probably retain a slimy attorney himself.
Rex Pierson   (posted on 11/3/2009)
Just get over it. It's not that big a deal.
john ewing   (posted on 11/3/2009)
What a surprise! I can’t believe it! Who would have thought that the employees that ran the hotel into the ground which is WHY the new owner bought it are now going to get rich off of it through a slimy lawyer. ONLY in America people, only in America.


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