*Well, I suppose this could be a case of “he said, she said” or he said, IT said; seeing as we are talking about a person and a retail chain. Here we have Jordan Brown, an openly gay pastor from Austin’s Church of Open Doors, who put a video online last week claiming the cake he ourchased at Whole Foods was decorated with a homophobic slur. But not so fast, the chain responded after reviewing security footage that tells a different story.
Brown says he did not see the offensive writing, which he said reads: “Love Wins F–,” until he reached his car.
“When I got into my vehicle, I looked inside and saw they had wrote ‘Love Wins F–’ on it,” Brown said in the video. “You can see it nice and clear. Also, it is still in a sealed box. As you see, I have not opened up this box yet.”
Of course the video went viral, which was enough to motivate the man to file a lawsuit in which he claimed the intentional infliction of emotional distress.
“Pastor Jordan spent the remainder of the day in tears,” the suit reads. “The potential for racial, sexual, religious, and anti-LGBT slurs to be written on personalized cakes is high, and Whole Foods knew or should have known that slurs or harassing messages could be written on cakes and then presented to a customer without any oversight or prior warning.”
But Whole Foods didn’t see it that way at all, and filed a countersuit saying that its employees did not write the slur on the cake, the Statesman reports.
And they say the security footage they’ve got proves it!
The retailer suggests the good pastor tampered with the cake. Further, they say this was realized after they viewed the footage and saw the clerk had scanned the bar located on top of the box; while Jordan had referenced the bar being on the side.
You can clearly see this on the video (though I had to watch several times to even see what it was I was looking for.
In the video, on the lower right side, you see Jordan in the orange shirt approaching the counter and handing his box of cake to the clerk, who scans it (the cake is on the left-hand side and the clerk gets a hand scanner from the right and taps the top of the box still on the left). Its quick, but its there.
See for yourself.
The Whole Foods lawsuit claims Brown “intentionally, knowingly and falsely accused Whole Foods and its employees of writing the homophobic slur … on a custom made cake that he ordered from WFM’s Lamar Store in Austin.”
In addition, WF also released a statement saying it reviewed security footage and determined that Brown had tampered with the cake.
“After a deeper investigation of Mr. Brown’s claim, we believe his accusations are fraudulent and we intend to take legal action against both Mr. Brown and his attorney,” the company wrote.
Further, the retailer lists these bulletpoints:
- “Our bakery team member wrote ‘Love Wins’ at the top of the cake, which was visible to Mr. Brown through the clear portion of the packaging. That’s exactly how the cake was packaged and sold at the store. Whole Foods Market has a strict policy that prohibits team members from accepting or designing bakery orders that include language or images that are offensive.
- “Mr. Brown admits that he was in sole possession and control of the cake until he posted his video, which showed the UPC label on the bottom and side of the box.
- “After reviewing our security footage of Mr. Brown, it’s clear that the UPC label was in fact on top of the cake box, not on the side of the package. This is evident as the cashier scans the UPC code on top of the box.”
If the WF allegations turn out to be true, pastor Jordan is going to be in a lot of trouble. Its hard to believe that we have turned into such a money-hungry society, and the only way people believe they can have a big payday is via lawsuits…fraudulent ones at that.