African-American wins Y350,000 in damages for being denied entry into Osaka shop

The Osaka High Court ordered an Osaka optical shop owner to pay 350,000 yen in damages to an African-American living in Kyoto Prefecture for denying him entry to the shop in 2004, altering a lower court ruling in January which rejected the plaintiff's damages claim.

Presiding Judge Sota Tanaka recognized the owner told Steve McGowan, 42, a designer living in the town of Seika, to go away when he was in front of the shop, and acknowledged damages for McGowan's emotional pain, saying the entry denial "is a one-sided and outrageous act beyond common sense."

However, the remark "is not enough to be recognized as racially discriminatory," he said. McGowan had demanded 5.5 million yen.

According to the ruling, the owner told McGowan to go away to the other side of the road in a strong language several times when he was about to enter the shop with an acquaintance in September 2004.

The plaintiff had claimed the owner said, "Go away. I hate black people," but the ruling dismissed the claim, as the possibility that he misheard the owner cannot be eliminated.

A plaintiff attorney said, "It's unreasonable that discrimination was not recognized, but the court ordered a relatively large amount of damages payment for just demanding the plaintiff leave the shop. It seems that the court shows some understanding."