Lawyers argue over punitive damages in Oberlin libel case

Bakery says award could be deterrent

Toledo Blade

ELYRIA, Ohio — In a small courtroom in Lorain County, attorneys in a libel case that has gotten national attention argued over punitive damages for the bakery that won its libel case against Oberlin College.

The court reconvened Wednesday after the Ohio jury ordered Oberlin to pay $11 million to Gibson’s Food Mart and Bakery, which said it was libeled and wrongfully accused of racially profiling students.

The case stems from the November 2016 arrests of three black Oberlin students at the family-owned bakery near the college’s campus in Oberlin, Ohio.

After that, Oberlin staff members tried to discredit the family-owned bakery, the lawsuit says.

Punitive damages can be set to any amount under $22 million.

Punitive damages are meant as both a punishment for the college and a deterrent for similar future conduct — not only for Oberlin, but for “any other institution from committing similar acts,” said Lee Plakas, lead attorney for the Gibson family. He said interest in the case has arisen because of a “national tipping point” caused by the way in which words have become weapons and the importance of educating youth properly.

Rachelle Zidar, an attorney for Oberlin College, reminded the members of the jury of the power they have and the magnitude of their verdict nationwide. “Ladies and gentlemen, you have spoken. You have sent a profound message. We have heard you. Believe me when I say, colleges across the country have heard you.” She said the school is more closely monitoring activities of student organizations, including how the college responds to student protests. She said the school is increasing oversight, improving internal communications, and making it clear “from day one” that the students will be held accountable for their actions and have a duty of good citizenship.

The Gibsons’ legal team focused on the resources of Oberlin College. “Everything is relative,” Mr. Plakas told the jury, saying that paying over $100 is a “mosquito bite” for a millionaire.

Oberlin attorney Matthew Nakon countered, saying the college has been operating in an unsustainable deficit situation year after year — a situation caused largely by substantial declines in enrollment. Mr. Nakon said that outside of a small portion of the endowment, the college has little to no discretion over how the endowment is spent.

On Thursday morning, attorneys from both sides will make their closing statements, and the jury is expected to make a decision by the end of the day.