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Indigenous teens Kanye Jarrett and Russell Edwards are accustomed to racial profiling. When the Coffs Harbour cousins visit Sydney, they say they are followed by security or questioned by police.
They were recently accused of breaking into their uncle’s home, and made to lie on the ground in their boxers. But when the pair were allegedly kicked out of a Superdry store in Sydney, they decided enough was enough – their family is now taking the company to Federal Court over alleged racial discrimination.
The Superdry clothing chain was founded in the UK in 2003 by Julian Dunkerton and James Holder. It has more than 200 stores globally, including 14 in Australia, operated by Brand Collective under a licensing agreement.
Holder was convicted in the UK earlier this month for rape and sentenced to eight years’ jail. He resigned as the company director in 2016.
Jarrett, 18, and Edwards, 15, were shopping with their uncle, criminal lawyer Joe Correy, and his eight-year-old son, Stanley, at Superdry in Central Park Mall in Chippendale on December 14. The Correys are not Indigenous, but are also plaintiffs, claiming they experienced discrimination by association. The Chippendale store has since closed.
The family said as soon as they walked into the store, staff huddled, seemingly to talk about them. They allege staff then began following them. When Jarrett stepped into a change room, security arrived and asked them to leave without giving a reason.
“I felt like shit. They just kicked us out for nothing,” Jarrett said.
“Getting discriminated [against] like that, this can’t just keep happening. It happens not just to me, but other Aboriginals too.”
Correy’s initial reaction was not to make a scene, but he realised he had the contacts and the know-how to set an example. Outside the store, Correy provided a statement to police and lodged a complaint with the Australian Human Rights Commission.
The commission’s conciliation process was unsuccessful, and the case is proceeding to the Federal Court, where the family is expected to seek damages and broader orders against the retailer.
“I wanted to show them you can direct that distress and frustration into doing something proactive and show them what they can do in that situation,” Correy said.
“It’s our responsibility to try and make things a bit better.”
“These proceedings raise deeply concerning allegations about the way young people were treated.”
Lawyer Patrick TurnerFor Correy, the incident has prompted a conversation about race and discrimination with Stanley, aged eight, who said the group were targeted because his cousins are Aboriginal, and that the incident was “really annoying”.
Edwards said the incident made him not want to leave the house, and the pair said they were worried about returning to Sydney. Their grandmother said they have become isolated since the incident.
The family is represented by Maurice Blackburn Lawyers principal lawyer Patrick Turner, who said the case was “legally significant”.
“These proceedings raise deeply concerning allegations about the way young people were treated in what should be an ordinary, everyday setting,” Turner said.
He said the case will question how obligations under the Racial Discrimination Act, which require goods and services to be provided equally and without prejudice, apply in practice and what steps businesses must take to ensure their staff are properly trained and accountable.
“Cases like this can play a critical role in reinforcing community standards and ensuring that discrimination, in any form, is not tolerated,” Turner said.
A spokesperson for Superdry said the company and Brand Collective were committed to a safe, respectful and welcoming environment for every customer and team member, but could not comment on specific legal matters.
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