A national Latino clergy group and Hispanic Pastors Association of Rhode Island held a news conference outside David C. Richardson’s Providence store in March.

The Providence Journal / Kathy Borchers

Genao

Richardson

PROVIDENCE — Providence storeowner David C. Richardson has signed a public apology for demanding to see a customer’s Social Security card last March after hearing the customer speak Spanish with a friend. Richardson signed the apology and agreed to give $500 to charity after two human-rights commissions found probable cause that he discriminated against the customer.

Jose Genao, a state worker and U.S. citizen who brought the discrimination claims against Richardson, said Richardson told him during that encounter, “I can call ICE [Immigration and Customs Enforcement] anytime I see an illegal immigrant,” and “I can make a citizen’s arrest.” Richardson said he suspected Genao and his friend might be illegal immigrants, because “I think that the majority of people who don’t speak English in Rhode Island — at least 51 percent or more — are illegal aliens.”

Genao said he’s pleased that Richardson signed an apology, and hopes it will serve to caution other storeowners against “intimidation” and racial discrimination.

Richardson says he signed the apology “just to get it over and done with,” and takes exception to the findings.

The Rhode Island Commission for Human Rights found probable cause in June that Richardson broke state law (Title 11, Chapter 24-2 of the Rhode Island Hotels and Public Places Act) by discriminating against Genao on the basis of ethnic origin. Recently, the Providence Human Relations Commission found probable cause that Richardson violated a city anti-discrimination ordinance during that incident.

The encounter, during the sale of an $18 plumbing supply, made national headlines. Richardson’s store, Rhode Island Refrigeration, has since closed.

Genao, a native of the Dominican Republic who speaks fluent English, subsequently brought his claims. Genao said his friend, also a Dominican native and a U.S. citizen, chose to let the incident drop. Richardson has said that he only asked Genao’s friend — whom he referred to as “the one who wasn’t speaking English” — to show his Social Security card. The probable cause findings indicate otherwise.

The apology and charitable donations were agreed upon after mediation by the Providence Human Relations Commission. Meanwhile, the Rhode Island Human Rights Commission case was closed out after Richardson requested a jury trial. He now said he cannot afford one.

Richardson’s statement references an earlier acknowledgment that he has asked other customers for Social Security numbers, in similar situations. Genao released the statement to The Journal, along with documents from the two commissions showing that they had found probable cause.

In it, Richardson offers “a public apology to anyone who I have asked for a Social Security number in the past. My lack of knowledge about public accommodation laws caused me to use the wrong method to raise the dialogue about illegal immigration in our nation.

“I now know that it is not legal to ask anyone for a Social Security number. I would like to take this opportunity to encourage any business owners not to make the same mistake I did.” The statement adds, “Immigration is an important issue to me and I had no intentions of violating anyone’s rights. My sincere goal was to begin a dialogue about illegal immigration and its cost and consequences to the state of Rhode Island. I apologize for any misunderstandings I may have caused.”

Genao said, “I’m pleased with it. My message got where it wanted to go, to make him [Richardson] knowledgeable that what he did was wrong, and [so is] anyone out there who is trying to use the same method as he did … by trying to intimidate people.”

Genao said, “I wasn’t doing it for the money.” He said Richardson wrote five $100 checks that by agreement will be distributed to the Center for Hispanic Policy and Advocacy (CHisPA) in Providence; Progreso Latino in Central Falls; Casa de Oracion Getsemani and St. Teresa de Avila Church in Providence, and to Meals on Wheels.

Richardson sounded an unapologetic note yesterday, saying he signed the statement because “I was tired of being on the defense. I wanted to be on the offense.”

He said, “It appears I broke a law.” But he said, “I do not agree at all” with the probable cause findings. He said those were based on the allegation “that I asked Jose for his Social Security card, which is completely incorrect.” He reiterated that he asked Genao’s friend — not Genao — to show him a Social Security card. He said he was only “trying to create a dialogue about aliens” with the two men.

Richardson called the findings “a rush to judgment, done in the same way as a kangaroo court.”

Told of Richardson’s remarks, Genao said last evening,” I am pleased that he signed the paper, and whatever he says from now on, it will not bother me at all … I have no regrets. I didn’t do this just for me. I did it for all the other people who couldn’t say anything to him, maybe because of the language barrier, or maybe because of intimidation.” He added, “It’s beside the point, whatever he says from now on.”

Genao said he continues to receive support. “People that see me on the street, they comment and shake hands and say it’s good someone like me stood up for his rights.”

kziner@projo.com