iNDICA NEWS BUREAU-
One of the Indian American women, targeted with racist remarks by another woman, Esmeralda Upton, on August 24 outside a restaurant in Plano, Texas, is suing for damages.
The confrontation that took place outside the restaurant went viral on social media platforms as a video recorded by one of the victims showed Upton hurling racist abuses at a group of Indian American women and telling them to go back to their own country. Upton had been arrested on August 25 on misdemeanor charges of assault (bodily injury) and terroristic threats.
Bidisha Rudra, one of the women who was physically attacked and was subjected to the racist attack, is suing Upton for damages, accusing her of assault, battery, and intentional infliction of emotional distress.
“I was shivering when I was driving back home from the incident. If I stayed quiet and had forgotten about that incident, the next day it’s going to happen to my kids, my husband, my neighbors, and their children. That’s the moment I decided I need to speak up,” Rudra told WFAA.
Rudra’s lawyer, Veronica Moye, said it is important for people to stand up against this type of hatred and bigotry. The petition filed by Moye on behalf of Rudra against Upton states: “Defendant Esmeralda Upton has engaged in conduct that has no place in civilized society, and she should be required to pay Plaintiff Dr. Rudra compensatory and punitive damages.
The petition sent to indica by Moye’s office states: On August 24, 2022, Upton launched an unprovoked, cruel, physical, and verbal attack on Dr. Rudra and her three friends based solely on their ethnic ancestry.”
“On that evening, Dr. Rudra, who is Indian-American, had dinner at Sixty Vines restaurant in Plano, Texas with three female Indian American friends. After dinner, Dr. Rudra and her friends were in the restaurant’s parking lot, exchanging good-byes in Bengali, an Indian language, when Upton, a stranger to them all, suddenly aggressively approached, yelling racist and bigoted insults, such as “I hate you f***ing Indians,” “if things are so great in your country, then stay there,” “we don’t want you here…” the petition added.
“It’s about more than that one incident. It’s about a pattern of hatred and bigotry throughout the country… Anyone who engages in this kind of behavior should have the most severe possible consequences because it must stop,” Moye told WFAA.
“Upton’s attack caused grave mental distress to Dr. Rudra. Contrary to Upton’s assertions, the United States of America is very much Dr. Rudra’s country. Although Dr. Rudra was born in India, she is a United States citizen. She obtained her Ph.D. in the United States and has resided in the United States for over 20 years, longer than she resided in India. The friends who accompanied Dr. Rudra to dinner on August 24, 2022 are also all United States citizens. It was deeply offensive to all for Upton to suggest the United States is not their country and they had no right to be here,” the petition said. “Moreover, Dr. Rudra and her friends feared serious bodily injury or even being shot to death, as Upton had threatened. This fear continued after Upton had left the scene, since each of the women then had to drive home alone, with no protection, even though Upton had been allowed to depart the scene. Dr. Rudra’s fear of another attack from Upton, or others, in fact continues to this day.”
The petition says that as a result of Upton’s actions, Dr. Rudra has suffered psychological trauma and mental distress, including loss of sleep, anxiety, insecurity, and enduring fear of another attack from Upton or someone else. Dr. Rudra now feels a heightened level of anxiety for her safety and the safety of her family, even while performing ordinary activities like grocery shopping or dining out.
The petition says that Dr. Rudra’s injury additionally resulted from Upton’s malice, which entitles Dr. Rudra to exemplary damages under section 41.003(a)(2) of the Texas Civil Practice and Remedies Code.
Upton’s attack on Dr. Rudra and her friends was totally unprovoked, her petition states. “These United States citizens were attacked simply because they are Indian American and chose to speak in Bengali to each other. Upton’s behavior is inexcusable. Dr. Rudra seeks to ensure Upton is held accountable – to send the message that racist and bigoted attacks will not be tolerated, no matter who is the perpetrator.”
