Toilet Squabble

Vacarro v. Stephens, No. CV-86-0187-SC (9th Cir. 5/1/89)

On a flight from New York to San Francisco, Sue Vaccaro (a Spanish-Filipino American) left her seat somewhere over Minnesota to use the lavatory. Food service carts blocked access. The flight attendant directed her to use a lavatory in the first class section. While she was waiting in line, a Texan told her "You're a disgrace in those jeans. Get out of first class where you don't belong. Someone like you would dirty the first class bathroom." He pushed her against the wall, referring to her as a "chink slut and a whore." Passengers and crew separated the contestants. The Texan made it to the bathroom ahead of Sue Vaccaro. She eventually returned to her seat in coach class.

When they arrived to San Francisco, Vaccaro asked police to arrest the Texan for assault and battery, but they refused to do so. She made a citizens arrest and then turned him over to the police who booked him.

Vaccaro then sued the Texan. He counterclaimed for false arrest and trespass. The court ruled he had no damages, because he'd gotten to use the rest room first. The court gave an example from the Restatement:

A's child climbs upon the back of B's large dog and pulls its ears. No harm to the dog, or to any other legally protected interest of B. A is not liable to B.

Vaccaro won $5,000 in compensatory damages and $3,000 in punitive damages. All in all, her trip to the toilet was moderately lucrative.