Persistent use of racial slurs can be costly, as the owner of a Loudoun County remodeling firm has learned.

The Virginia Supreme Court has upheld a Loudoun jury’s award of $250,000 in damages against John Powell, who is white, and his company, Northern Virginia Kitchen, Bath & Basement Inc.

The case involved Mr. Powell’s use of the N-word and other racial insults in voicemail and text messages to a former Black employee, William Ellis, even after Mr. Ellis told Mr. Powell to stop the calls.

In a unanimous opinion April 15 written by Senior Justice LeRoy F. Millette Jr., the court rejected Mr. Powell’s argument that a Loudoun Circuit Court should have thrown out the jury award.

In the appeal, Mr. Powell’s attorney argued that damages were unwarranted because “Mr. Ellis had failed to demonstrate that he had sought medical treatment or incurred any loss of wages or other monetary damage” and that his evidence “demonstrated nothing more that hurt feelings.”

However, Justice Millette wrote that Mr. Ellis’ testimony “describing how (Mr.) Powell’s conduct made him feel intimidated, harassed, threatened, and humiliated” supported the jury’s decision and the lower court’s decision to uphold the verdict.

Because Mr. Powell had admitted that he included racial slurs in his angry messages, the court’s opinion focused solely on whether the evidence justified the jury’s award.

Justice Millette noted that at trial, Mr. Ellis, who acknowledged that he did not call police or seek therapy, told the jury that after he received the voice messages, he wanted nothing to do with Mr. Powell because "n-----r" was “a hurting word” to him.

Mr. Ellis also testified that Mr. Powell’s threatening messages created anxiety and fear and caused him to change his work schedule and his driving route and install security cameras at his home.

Justice Millette cited a 1988 section of the state code that allows people to sue and collect from those targeted in hate speech or writing based on an individual’s racial, religious or ethnic animosity. (The law was updated in 2020 to allow suits where the hate speech involves gender, gender identity and disability.)

He stated that the legislature did not include any language that requires a plaintiff to provide proof of physical injury before being able to bring suit.

Justice Millette also referenced a 4th U.S. Circuit Court of Appeals opinion upholding damages for a Black plaintiff who sued the owner of a Virginia ice skating rink for using racial insults and intimidation in seeking to block him and his family from using the rink after paying admission.

In both the Loudoun case and the skating rink case, Justice Millette wrote, “The evidence consisting solely of mental anguish, emotional distress and humiliation was sufficient” to support the award of damages.