AUGUSTA — State prosecutors have filed a complaint against a New Hampshire man, claiming he violated the civil rights of a South Sudanese immigrant at Oxford Casino last spring.
The state is seeking an injunction against Kenneth MacInnis, 48, of New Ipswich, New Hampshire under the Maine Civil Rights Act, that would prohibit him from having any contact with a 38-year-old Black Westbrook man who immigrated to the United States when he was 16.
According to the complaint, which was filed in Oxford County Superior Court in South Paris last month, the alleged victim was enjoying an evening at the roulette table at Oxford Casino on April 4.
MacInnis left the bar and stood behind the alleged victim for several minutes before greeting him with: “Hey Blackie,” according to the complaint.
MacInnis told the alleged victim, “I want to smack the (expletive) out of you.”
When the alleged victim asked why, MacInnis responded, “You know why.”
MacInnis then hit the back of the victim’s chair with his hand and began to walk away. He stopped briefly, turned, and pointed at the victim, warning him, “You’re lucky today,” before walking back to the bar, according to the complaint.
The alleged victim notified the casino of the incident. The casino’s security shift manager confronted MacInnis, who admitted that he had told the alleged victim that he “would slap (him) but asserted that he was kidding,” according to the complaint.
The two men had known each other from their work together in the meat department at Whole Foods Market in Portland where MacInnis had been manager of the department.
While they worked together, MacInnis had “made derogatory comments about immigrants,” according to the complaint.
The alleged victim later filed a complaint against the supermarket with the Maine Human Rights Commission several years after he had changed departments.
The commission found the supermarket had discriminated against the alleged victim for canceling an interview for a promotion at the company.
The alleged victim filed a complaint under the Maine Human Rights Act against the company in Cumberland County Superior Court. The case settled in March.
The Maine Civil Rights Act prohibits the use of violence, the threat of violence or property damage against any person motivated by that person’s race, color, religion, sex, ancestry, national origin, physical or mental disability, sexual orientation or gender identity.
Any violation of an injunctive order under the act is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine.
MacInnis was not charged with a crime in connection with the Oxford Casino incident, according to a spokeswoman at the Office of the Maine Attorney General.
“Maine should be a welcoming place for hard-working immigrants like the victim in this case,” Attorney General Aaron Frey said Monday in a written statement. “While from New Hampshire, the defendant supervises people in Maine. I want to be clear that threats of violence based on race, color, ancestry, or national origin will not be tolerated in our state.”
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