Barnstable County Report

Hyannis White Hen Pantry cleared of Homeless Descrmination Charge

Press coverage made obeying the state law difficult for store owner

On June 26 of 2006 Deborah Tavano filed a complaint against the White Hen Pantry located on main Street in Hyannis. Tovano claimed that the owner, Paul McGowan ejected her from the store because she was homeless, hence her charge of descrimination filed with the Massachusetts Commission Against Descrimination. Malcolm S. Medley, Investigating Commissioner signed the Commission's official response on October 31 of this year. The charge was dismissed.

McGowan endured a seering barage of press coverage for the few days immediately following the incident and charge. It will be interesting to see how much equivalent front coverage he receives now that he has been cleared.

According to the Commission's report and decison, based on statements made to them by Tovano and McGowan Tovano purchased two cups of coffee and a cup of Macroni and Cheese. When she paid using her Electronic Benefits Transfer card, the Massachusetts equivalent of food stamps, MacGowan asked her if she was homless. She told him that she was and he informed her that she would not be allowed to eat her food while still in the store.

Tovano did not agree with his instructions and promptly charged him with descrimating against her because she was homless. She said she was the subject of descrimination based on her homelessness because she had seen other store customers purchase food, pay for it and remain in the store to eat it while seated at one of the several tables in the front of the store.

McGowan's response was short and clear: allowing Tovano to remain in the store to eat her food would be a violation of the Commonwealth's rules about the allowed uses of the Elctronic Benefit Transfer card. He said further that he routinely accepts the EBT cards for food purchases by homless individuals but that Tovano's complaint is the first and only one ever brought against him for any kind of descrimination against the homeless. At approximately 12:00 this afternoon McGowan showed me a register tape from his store that indicated he had processed forty-five purchases since opening this morning for food stamp or EBT purchases.

It appears that the Commonwealth's rules, which are clearly spelled out in a procedure manual provided to all venders who accept the ETC, are intended to prevent food stamp recipients from using their benfits to buy meals in restaurants. The rules say clearly that food purchases must be taken away from the location where the purchases are made and  consumed elsewhere. The decision's final sentence says, "Complainant fails to sufficiently rebut this statement (McGowan's) and agrees she and another woman from a shelter were EBT card holders.

In conclusion the report states, "A finding of Lack of Probable Cause is recommended against White Hen Pantry for descrimination based on class. (emphasis as in report)

Tovano has the right of appeal. To appeal this decison she or her attorney must file an appeal in writing within ten days of the date of the decison. This instruction is clearly stated on the first page of the written decision. It is unknown at this time if Tovano intends to appeal.