Editor’s Note: The author has chosen to remove this post from The Inertia, and has requested to direct readers to his apology note instead. Read it here. Share Tweet Rory Parker Gnarly stuff. The surf industry is pretty small, Carey is pretty much killing his career with this move. It’ll be difficult to get coverage when no one wants to work with him. ryan howarth white ozzies need to give the country back to the rightful aboriginal owners end of story Jeff Byrnes Ummm… and all the white people in Oz are going to go where?Talk about pissing up a rope. ryan howarth back to europe Jeff Byrnes I have to ask, seeing as how you (AND Mr. Carey) have a European first and last name, what country do you live in now?If Otis Carey had his DNA tested how much of it would come up aboriginal? How much European? I think you need to look at someone who is 100% Australian Aboriginal. Carey looks far more Euro. It’s no contest. So does that mean he should be sent back to Europe, too?And what of African-Americans? Should they all be sent back to Africa after all the Euro-Americans head back to Europe along with all the Euro-Australians?I’m sure that will work itself out just fine.When you’re done pissing up that rope of yours work on growing a brain, then use it to say something that actually makes sense and is couched in this funny thing sane people call reality. ryan howarth Im a white south African bitter that ozzie and seppo hypocrites like you boycotted and slated south Africa in a bid to end apartheid yet happily live in racist society built on oppression and when challenged resort to cheap taunts like grow a brain as if you’re some type of super intellect with your racist profiling percentage based grading scheme . Johnny Bee Carey does the right thing. You are reaping what you sowed, Myers. BTW, bravo for your disguised menace about killing his career. Very smart move. Jeff Byrnes Forget Meyers and consider all the photographers, writers, and other creative contributors who are going to suffer because Carey wants to grind an axe for purely selfish reasons. And all the businesses that benefit from ad space in ASL. And all the surfers – like Carey – who benefit from making it to print and web.This at a time when the publishing business and all those connected to it are struggling to stay afloat.Meyers made a very lame mistake but Carey is the one being a selfish dick.Straight up. uncleaina Otis is so lucky ! How lucky he is to be called ape-ish in BOTH print and on the web. Bravo Jeff. Jeff Byrnes Where did I call him apish or lucky?And where did I defend Meyers choice of adjectives?Nowhere, moron.There’s a bigger picture here. Pull your selfish head out of your ass long enough to step back and take a look at it.Meyers and Meyers alone deserves to take the brunt of this but Carey – and hypocrites like you – are throwing a lot of innocent people under the bus simply because he saw a chance to cash in.Should Carey win the suit I’m curious to know how much he’d give to organizations that help Aboriginals. It should be 100% of it. But I won’t hold my breath.Also, how much did Carey’s sponsors pay him for the coverage and exposure he received via ASL?And how much is this whole “racist” episode making him via all the extra noise it’s generating?I didn’t even know who he was until this came to light.Neither did 99% of those commenting here in his defense. Elizabeth Henderson People in this thread can go to our conversation to see you defending the use of adjectives and calling Carey an ape.To quote you “Carey needs to take responsibility for how he portrays himself. Act like an ape you get called an ape. Straight up.” Jeff Byrnes Check the timeline of my entries and you’ll see how my opinion of Carey has evolved since I started watching all his videos and combing through his online media presence. It wasn’t until I saw the hard evidence of Carey purposely behaving in as buffoonish a manner Dandaman Harsh judge Jeff. Jeff Byrnes I have no tolerance for hypocrites and opportunists, especially those parading their self-aggrandizing pseudo-liberal PC nonsense under false pretenses.Carey’s willing to kill a bunch of jobs and possibly an entire publication at a time when publications are fighting for their survival. It won’t just be the staff that suffers but all the contributors (writers, photographers, and other content creators) as well.Meyers played the village idiot but Carey is being a selfish prick. He’s not doing this to make a statement about the insidious issue of subliminal racism (something EVERYONE harbors, whether they have the stones to admit it or not) so much as to make an easy buck.And everyone on the inside of this issue knows it.What’s more is that Carey is unwittingly hurting his own future prospects just to cash in on some instant gratification. Dandaman If it’s true I stand corrected but your ‘inside of this issue’ statement sounds like Baydough bluster. Facts and sources will give you instant credibility. I’ll be sorry for the staff employed at the mag if they lose work but there’s a far bigger issue at stake here. If Nate had offended Otis in private, a slap on the wrist and community service would have sufficed but he did it on an open public platform, belittling an entire race in the process. I agree subliminal racism and intolerance exists in all of us but acknowledging it doesn’t excuse it. It’s something we all need to work on to progress as humans. If we dealt with all these kind of issues the way you see fit English football crowds would still be throwing bananas at black players and making ape noises every time they had the ball. Fortunately this issue has been successfully resolved by victims and their representatives hitting back hard and bringing a very sore issue out into the open. Proof of progress. Jeff Byrnes Funny you bring up “facts and sources.” Have you noticed that it is nigh on impossible to find the entirety of the original article in question anywhere and that only this one highly offensive excerpt is getting all the heavy rotation?Do you realize that the court presiding will take note of this and that it will not help in Carey’s defense?ASL does not have provable record of racism. This will also hurt Carey’s case. What’s more is that ASL WILL be able to reference a series of articles and images past that have featured surfers of aboriginal descent – another strike for Carey’s legal team.By comparison, STAB is a much more offensive and sensationalistic rag.Going straight for the pocket is the lowest of all possible roads in a situation like this. Trying to bleed people out is, regardless of ethnicity, the most primitive of actions to take here.I have not once defended Meyers and his remarks. He needs to atone for this. But suing the publication is not a path to atonement, it is the negation of it. It will embitter many people and only widen the prejudicial divide.Not exactly what I’d call a progressive direction. Dandaman All the good things they’ve done regarding the promotion of Aboriginal surfers and loving on Otis has no relevance in SL’s defence of Nate. The issue is the racist sentence.Your second to last paragraph is well stated and really gets to the crux of the argument, which I don’t agree with. It will embitter a few people and enlighten many. Progress rarely come without pain. Jeff Byrnes Your first claim is total bullshit.You’re basically saying that if they did a thousand good deeds in the promotion of Aboriginals it all gets obliterated with one mistake and no quarter should be given.Applying this logic you could say that Jesus was a total fraud and none of his civil teachings have any relevance because he condoned slavery, the most racist of all human endeavors.No one can live up to such an impossible standard. Not me, not Carey, and certainly not you.This cause doesn’t need any more martyrs and it definitely doesn’t need anymore self-righteous proselytizers.Curious, how much pain have you personally endured for this cause?I may end up getting a pretty nasty beat-down over this, forced to turn more cheeks than I can provide. Apparently I’m the only one on this thread with the stones to use his real name and location.The rest are simply posturing behind the safety of a pseudonym. Dandaman Applying this logic, there are people sitting in prison right now who’ve done many good things and one really bad thing.I’m giving you a considered opinion, I’m not lashing out. This isn’t an argument about how tough you are. Disappointing. Jimmy O’Keefe I don’t know Nathan Myers, but his open letter sucks. There is nothing humble about it. It’s absolutely bonkers. Insinuating that otis wanted this thing splashed around the tabloids? that you’re the hand that feeds him? etc, etc. Was Nathan Myers drunk when he wrote this? Does he want to be $200 000 out of pocket? Surfing Tongan The idea that ‘fellow surfers’ are somehow less culpable than oil tycoons and corrupt politicians is just arrogant. First, I don’t think I’m going out on a limb in saying that there are corrupt politicians who surf. Secondly, surfing subculture tends to be both racist and sexist – Cronulla riots anyone? Alana Blanchard’s bottom turns used to advertise bikinis? Stephanie Gilmore’s body (but not head) used to advertise the Biarritz pro? Surfing is not immune to ‘isms’ as Myers calls them. And the ‘we all drop in on each other sometimes’ analogy? Really? No, really? Being likened to an ape is the same as your buddy dropping in on you, is it Mr Myers? And, you would be in a position to make that comparison I suppose? You should check out #WhitePeopleEquivalents – you’re a natural. As a lawyer and a surfer and a person of colour, I find this letter really offensive. Get around the court ordered mediation table and prove that you and the magazine understand why what you said was wrong – prevent your zero malicious intent racism – yes – it is still racism – from recurring. Jeff Byrnes What is the rate of occurrence of racist and/or bigoted statements made in SL? Is there proof of a trend?Doubtful.Meyers is no doubt guilty of using very poorly chosen adjectives, which underscores his lack of imagination. He should be required to make a rational form of restitution (in my opinion it should be some form of volunteerism other than monetary). But suing for $200,000 is hardly rational. It reeks of opportunism. The elderly woman who spilled 180 degree McD’s coffee in her crotch was infinitely more justified in her suit but took far more shit for it.BTW, all humans are apes, which of course doesn’t excuse the context in which Meyers made the statement. It does show how latent racism is in people, something that I’ve no doubt you subconsciously possess yourself. It is only those who are honest with acknowledging this impulse who are able to confront and overcome it.I’d be willing to bet that you’d fail Sam Harris’s test that measures for racist impulses. Very nearly everyone does. Pretty much everyone responds prejudicially from an instinctive reaction. It’s in our DNA. KH Rascism is also opportunism.Associating people of colour with apes has historically been used as a very deliberate strategy for undermining the culture, intelligence and status of whole race’s. To suggest that term is meaningless when used in this way is absolute ignorance. Jeff Byrnes You obviously haven’t watched any of Carey’s videos, particularly the one in question. The guy does everything short of swinging from tree to tree on vine. KH Your reply to my comments really demonstrates your absolute ignorance about how the use of terms like this have been intentionally used to propogate racism throughout history. Why do you feel so defensive about anyone wanting to address racism? Actually don’t bother replying, I can guess. Jeff Byrnes Right. My ignorance. That’s why I’ve read nearly all of Howard Zinn’s books, have seen him lecture live, took both Af-Am and Fem Lit courses at UCSB, and, oh yeah, come from a mixed race family that includes Hawaiians, Native Americans, East Indians, and Asians.You’re an idiot. And you have no idea what the hell who or what you’re talking about.Typical crusader: more obsessed with a cause than the truth. rod Jeff How do you feel now you know Otis was never sueing SL magazine and the 200K claim from Myres was totally false Jeff Byrnes What makes you think I knew this and where has it been confirmed?And even if this is the case why would I feel any differently given the context of the discussion? I go on the information provided, which, in this case, has been sourced by many major media sites.Could you possibly be any more pretentious? rod It has been confirmed by Mr Myres. Inertia has also removed his initial statements. In regard to sourcing your information from major media sites maybe thats why your take was slanted and off the mark with little understanding of the real truth Jeff Byrnes Laughable that you are feebly attempting to blame me in some bizarre oblique strategy to peg me as the person who “broke” this story.You’re acting like you knew this was the case all along. The height of pretension. Get over yourself.What a knob. rod Why so angry? I am aware who wrote the article and who published it. You have posted numerous threads regarding the subject which have among other things questioned Carey’s Aboriginality, accused him of being opportunistic, selfish, money hungry, destroying a surf mag and causing the loss of jobs within etc. Now we know he was never sueing the surfing magazine, the writer of the article it might be time to eat humble pie. We know nothing of the struggle Carey or his family as first nation peoples of Australia have endured. Thousands of Aboriginal people in Australia supported him and were appalled by the article. Jeff Byrnes I never questioned his ethnicity. I have, in every case, acknowledged his mixed heritage.I have simply stated that this was a disingenuous money grab laced with race baiting tactics to pander to the PC police. What’s more is that every non-white and/or mixed race person I ran this by in the real world was in total agreement. 100% of the time. Funny how that is, eh?I’m not angry. But definitely disappointed.Yes, Carey’s Aboriginal parentage suffered. But why does he – and you and the media – play him off like he has no European blood when it is clear that he is predominantly so? That’s not an honest portrayal.The fact is the guy looks like a media darling so he gets heavy rotation. If he was 100% Aboriginal he would have been ignored – just like the majority of the 100% Aboriginal people that most Australians still shit on.Look up the term “passing” as it relates to race. ichorousmedia . It’s like a second nature for this guy, and from how often I see him on the forums, more like a second job. Honestly, if I even see him post a comment anywhere I just avoid giving my opinion because he attacks everyone on here like he’s from some holy genetic line of humans that were born smarter and better. Ignore him next time, he’s just looking for a fight. Jeff Byrnes Coming from a guy who clearly only peruses emotionally charged content guaranteed to provoke intense debates and discussions.That’s some serious cognitive dissonance.If you want butterflies and dandelions I recommend any number of other articles on this site, most of which I never leave a comment on. ichorousmedia . I rest my case… keep up the passion Jeff, I wouldn’t have it any other way, keeps things interesting here on the Inertia Jeff Byrnes “if I even see him post a comment anywhere I just avoid giving my opinion”You don’t say. Jeff Byrnes Post the confirmation.For a guy talking up “sourcing” it’s peculiar that you don’t the ones you mention. mrempty Racist or no it is not defamation of character. He was not harmed by any of this his market value if anything has increased. The suit is frivolous. Gorik Badinskas Are there any foots at SL to shoot off? Phong_One Sorry Bro, describing a person of aboriginal descent as “ape-ish” is racist. End of story. Jeff Byrnes Agreed.But how often do you or any of your friends use the word “fag” derisively?Surfers on the whole, regardless of ethnicity, have a long way to go before they can prove to the rest of the world they aren’t still behind the evolutionary curve when it comes to bigotry. Rowland S. Thompson Jeff you’re comparing a couple kids using the word “fag”, and someone using derogative accusations in a publicly published magazine. Huge difference. Jeff Byrnes If you think homophobia is relegated to a few kids in the surfing world you are totally delusional and completely out of touch with the reality.Been surfing all my life and having grown up on Oahu and lived all over California I can credibly claim that people are being a bunch of disingenuous PC police on this topic.Come to Hawaii where racism is rampant. And I’m not talking about Hawaiians vs. haole.Guaranteed you’d also fail under Sam Harris’ test. Rowland S. Thompson Fuck this guy. Its old has-beens like Nathan Meyers that are tanking the surf industry with their self righteous false sense of relevance. When you write an article, proof it. Proof it 100 times. Youre sending this out to the masses you moron. And you write about how Otis is relying on the tabloids to do the talking, well here we have a borderline condescending “apology” which you personally are exploiting through the tabloids. You’re scared, you’re a scared old man. Give it up. Bottom line what you wrote was racist, you can’t sugar coat it, you fucked up. frederick you just lost the opportunity to keep your mouth (or hand?) shut… damn, this letter was so offensive… thomas oldley I think the interesting thing is that super talented surfer is marketed on the punk aesthetic, take for example Kill the Matador. The whole thing shoves it in your face. But then someone says a few words that can be interpreted as you will and suddenly the ‘punk’ is getting lawyers. Bad asses don’t need lawyers. So what are we being sold? Who is this guy really? Wait does he have feelings, rapper’s have feelings too. Just ask flight of the concords. frothdog Using the words apeish and cro magnon grunts to describe someone, anyone, is ruthless. What reaction were you expecting? how will you be remembered? humbly baffled? the man who killed the magazine that doesn’t proof read?.. or is just a surf magazine insensitive enough to publish such defamatory horse shit. I get that you were describing your own pre conceptions in the article.. but the fact that you had such pre conceptions shows that you are racist and discriminatory against people who aren’t white. You were just stupid enough to write that, and ASL were dumd enough to publish it. No wonder you are humbly baffled, and really its because you are a clueless insensitive seppo fuckwit. Good luck to otis; i hope you ignore this threatening whiny half assed apologetic drivel of a letter and take them to task. Jeff Byrnes You need to watch The Mermaid Killer (bananas in the fin boxes, etc) along with all of Carey’s other videos.After doing so come back to us with a description of Carey and how he CHOOSES to portray himself.This lawsuit is bullshit. Raul Quintanilha Messias Just to show how many surfers, and specially the people who work in the industry, live in a bubble, and continue to persist on errors, not understanding this doesn’t just hurt Otis, or the indigenous. It hurts me, caucasian, and many people from all DNAs, some of which don’t even surf but have direct and indirect link to surf’s profits (material profit, political profit, strategic profit, etc). You, Mr Myers, Surfing Life and a lot of surf media and organisations, hurt the sport a lot more than you think. Therefore, blame yourself and not Otis. For any people in the mag who weren’t aware and wouldn’t publish this. IF there are any, and if they loose their jobs. I hope you are not insured, because that would make you a liar as well, by saying the mag would go bust. If you were a bit more intelligent, you could have come out of this better than you came in, but since you are only interested in finding points in your favour and overall winning, masqueraded in the form of a high moral ground, you’ll get some mediocre support, a waste of energy and a lot of personal vendettas being orchestrated backstage against poor Otis. Bravo. uncleaina Exactly! Jeff Byrnes How familiar are you with the publishing industry, especially in the digital age? Do you know anything about how difficult, competitive, and demanding – as well as low paying – most of the jobs in this industry are? Do you have any idea what the pressure is like to make deadlines and how easy it is to have material like Meyers’ f–k-up slip through the cracks?Obviously not.You know what the easiest, least qualified job in the world is?Armchair critic.Since I obviously have to keep restating it, I’m not and have not once taken Meyers’ side in any of this. Every single post I’ve made here has been abundantly clear on this.But this ceased to be about Meyers almost as quickly as it came off the “press.” RedDragon nailed it.if half these commentors had to use their real names or stand behind their words, and the other half sued them all for it… man, we’d really be getting somewhere. Jeff Byrnes Dare to dream, “Red.” 😉 Raul Quintanilha Messias Red Dragon? Really? This is my real name. Raul Quintanilha Messias ”Deadlines”. Are you joking? You must be joking? Right? HHHmmmm. You spent hours on these articles, judging by how many posts you have. Unpaid hours. And now you are talking about deadlines? You’ll go to any extent to win, so it’s pointless to cultivate any debate with you. Even if he paid to publish, he is still accountable, the only logic for you is victory. Jeff Byrnes What a peculiarly prideful way to finally acknowledge you don’t have an argument.Have you watched any of Carey’s videos, particularly the one in question?Obviously not: coldgreenwaves Apish is not a racist word unless used with racist intent which in this context it clearly was not. Puzzles me how easy it is to get an audience to hear your racial injustice claims and how no one ever questions the claimants motives. Having a portable soap box to point a finger at all the examples of racism you encounter is a far more robust indicator of a racist worldview then the use of any words. $200K what a joke. uncleaina One good way to make sure ape-ish isn’t mistaken for a non-racist word is to pair it with something like “Cro-Magnon”. That way if there was some 0.1% chance you might be misunderstood by the reader as having made a childish mistake in word choice, the addition of “cro-magnon” really makes your racist intention clear. Jeff Byrnes Now you are bordering on a stronger point.Had Meyers used an adjective like “Cro-Magon” that would have been very clearly more offensive. Apish was stupid but hardly on that level.The entire article in question very obviously paints Carey in a favorable light. That is going to be recognized by the court.What’s also telling in all of this is that all of the “journalists” reporting on the debacle are failing to reprint the entire original piece.The courts will also take note of this fact. That won’t help Carey’s defense. coldgreenwaves I am not taking sides on this issue. The two people involved spent time together and may have developed a rapport that would permit insulting one another in jest. Are all of your friends nicknames flattering?? A poor choice of words for sure but context is everything. In this situation if the words where taken as offensive then a couple of men should be able to sort that out without making it a racial issue in order to get wheels on your 200K lawsuit! Still curious how is cro-magnon racist adjective? Not even sure to which race you imagine this to be an insult?? Again when you find yourself forcing a racial overtone onto a comment where one was clearly not intended I think its plain to see who the person with race issues is. Jeff Byrnes If everyone commenting here underwent the acclaimed neuroscientist’s (Sam Harris) test that measures for racist reactions pretty much everyone would fail miserably. Straight up.People tend to be immensely dishonest with themselves, especially when commenting on internet message boards. Jeff Byrnes BTW, calling a human “apish” is exactly the same as referring to a tiger as “catlike.”Of course, this doesn’t excuse the context in which Meyers utilized the term. Ben Summers That letter kind of started out as an apology then turned into a bit of a threat and insult didn’t it Nathan? You fucked up and regardless of what you say in return you have to deal with the consequences. Just because you didn’t mean to be racist doesn’t excuse the fact that you were. Maybe time to move back home from Bali seeing as though you bit the hand that feeds with that poorly written article… RedDragon don’t think Meyer’s letter was meant as an apology. he and ASL already apologized, then Otis’s lawyers decided there was a cash grab to be made and sued for $200k. Meyer is just pointing out the error of Otis’ ways since greedy lawyers surely won’t. gm14 while i in no way think suing for defamation is the right way to go about things, you kind of dug this hole for yourself. what you said was stupid and completely ignorant, the fact that you still have a job with SL shows that no one on your side of the fence is taking this situation as seriously as it deserved, and now it has escalated.i feel some sympathy for you, i believe what you say that you’re not racist and it was a mistake, but surely you’re not that clueless to think that writing something like that in this day and age would not cause a shit storm. Jeff Byrnes Sorry, but when you stab bananas into your fin boxes, tape the peel to your trail fin, smear burgers, doughnuts, and fruit loops on the deck, fling your body around like an epileptic on crack, dress like a bridge dwelling burnout, and literally make monkey faces right into the camera in most of your videos you don’t get to be offended if you get described as putting on apish airs. Unless you’re a raging twit with a nasty streak of cognitive dissonance.ASL and Myers should counter sue. They have a stronger case with a shit ton more evidence. Martin Kelly Wow. This threatening letter is an outstanding example of how to make a bad situation even worse. Nathan Myers has twice shown a serious lack of judgement and deserves what he gets. Jewel Ward “Poorly reasoned” only begins to describe this letter. I suspect what may be behind the high dollar amount on the part of Otis Carey is the desire to take a stand after a lifetime of “taking it”, “letting go”, and “moving on”. Finally, he’s saying, “no”. Good for him. I hope the surf industry pays attention and learns an important lesson about respect. Jeff Byrnes Quote mine and cherry pick Harris all you want but the fact, as Harris’ extensive studies consistently prove, remains: everyone harbors instinctive prejudicial and racist impulses – including you.BTW, in your infinite genius you magically overlooked the fact that I have not once defended Meyers’ choice of words, quite the opposite. I have merely disagreed strongly with Carey’s opportunistic response to the issue.Otis is being greedy. Straight up. He’s not showing any consideration for a publication that has no consistent history of racism and one that has in fact featured surfers with aboriginal lineage.Speaking of, Carey looks far more European than Aboriginal – by far. Eve actually see what a 100% Australian Aboriginal looks like?And just for your edification, I have immediate family of native Hawaiian ancestry. Others in my family have married into families of mixed race.You’re a farce. uncleaina Jeff – interesting. “Immediate family of native Hawaiian ancestry” ..lol. And *I* have good friends who are black! Wow we are both super cool! Shaka brah! “Mahalo” and stuff like that! Jeff Byrnes You obviously completely missed the point, “brah.”Carey is being selfish. He smelled opportunity and now he’s willing to kill a bunch of jobs to cash in. That’s pretty shitty. Jeff Byrnes Harris pretty much demolishes his detractors every time they attempt to take him on in a debate. He also does it with the calmest level of eloquence I have ever seen.When you’ve achieved something with your life that elevates you beyond the level of internet message board hater then maybe you’ll have something to say worth listening to.But I won’t hold my breath on that one.Every great mind in history had far more detractors than supporters. Straight up.As for Meyers, you obviously missed the numerous times I very clearly stated that he screwed up, that I didn’t once defend his choice of words (quite the opposite); probably because you just can’t wait to pull the trigger and run off at the mouth before assessing the facts.My concern is for the rest of the people working for the publication (as well as all those who freelance and contribute to/for them – look into THAT, you selfish prick) who had nothing to do with Meyers’ screw-up.You clearly suffer from a false sense of superiority.There’s a bigger picture here. Try getting over yourself long enough to step back and look at it. uncleaina You should find Sam and take him on a date…you seem to have a crush on his “calmest level of eloquence”…maybe you can paddle him around in a rowboat and discuss fMRIs while eating brie. Jeff Byrnes He’s doing a much better job of fighting against prejudice and human rights abuses than you and I ever have and ever will combined.Say what you want about Meyers or me but crapping on Harris and his extensive accomplishments and efforts to make the world a better place doesn’t make you look like a very good person at all.BTW, I’ve been quite active in opposing Monsanto for years. Sad to see that you don’t know an ally in the good fight when it’s standing right in front of you. Jeff Byrnes Curious, when Mick Fanning slipped “f-ing jew” how much was he sued for? Raul Quintanilha Messias Stop throwing smoke and sand into the air. You sound like Sarah Palin. Jeff Byrnes Epic.Sarah Palin WISHES she had my vocabulary. Raul Quintanilha Messias Vocabulary is a dangerous tool without enough gymnastics in the brain Jeff Byrnes Spoken like a true master from the school of pretzel logic, Salty. uncleaina Sorry Jeff, this conversation is being held by people who know what the word “defamation” means. You can use the computer that’s right in front of you to learn what this long word means, then come back to make more intelligent comments. (hint: it has to do with the whole saying something vs publishing something in a magazine and on the web). Jeff Byrnes Carey’s legal team will have to prove that the entirety of the article in question was crafted with the intent to defame him. They will fail miserably because that is clearly not the case.Not only that but ASL does not have a demonstrable record of publishing racist and anti-aboriginal material. Quite the opposite.Even more damning is that the editor of ASL is himself of BOTH aboriginal and African descent. Hell, the editor might even be more of a representative minority than Carey. I’d like to see DNA comparisons.Just out of curiosity, how much practical experience do you have in litigation? ronniejones2000 What a piece of racist bs. How Myers still has a job is beyond me. And, to come back and try to hold Carey hostages to his bs is incredible. Sue the hell out of Meyers and the racist newspaper that allows this racist bs to go on. Australia is a very, very racist place and I hope tourists stay away! Elizabeth Henderson What planet do you live on? After the Adam Goodes incident no one writing on Australian sport should be unaware that this word is a vile racial slur with a long history as a slur in sport across the world. And no one should “accidentally” use it. If you want to be a sports writer then you need to know your stuff or accept the consequences if you don’t. If he’s still pissed off enough to sue the it’s probably because the writers in this magazine keep apologise and saying how bad it all was in one breath and then justifying it and saying how it wasn’t really so bad in the next. Jeff Byrnes The editor is of Aboriginal and African descent. Strike one.The article in question is devoid of the crucial proof of “intent.” Strike two.ASL has a provable record of advancing Aboriginal surfers – Carey specifically. Strike three.Carey will likely get a small settlement. But he will likely be ostracized in the long run, viewed as an opportunist. I strongly disagree with Myers poor choice of adjectives but I disagree just as strongly with Carey’s obviously selfish reaction. Elizabeth Henderson Maybe your use of the word “strike” is as confused as Meyer’s use of the word ape.The editor’s background is irrelevant. There is perhaps no greater slur used against people of colour than to call them an ape or monkey. It doesn’t matter who says it or who waves it through.The AFL has a fantastic record on advancing Aboriginal football players too. But Eddie McGuire’s comment on Adam Goodes was completely out of line and deserving of condemnation.My comment has nothing to do with whether there was intent or not. A person who purports to be a sports journalist should know the history of this particular slur against black sportspeople or they shouldn’t call themselves a sports writer. Sports magazines likewise. At the very least they should acknowledge their mistake with some humility rather than attacking the person who was slurred and making excuses and justifications.As far as the success or otherwise of his defamation suit and whether people in the industry victimise him for doing it, that’s not for me to comment. But I do know that people in these situations generally only pursue legal action when they feel that they haven’t been heard and that the person who attacked them (whether inadvertently or not) doesn’t see why their comment was so offensive, shows hubris instead of genuine contrition and expects a medal for saying sorry. They don’t do it for the money or the “opportunity” whatever that’s supposed to be, Jeff Byrnes If you go stabbing bananas into your surfboard (as Carey does), make monkey faces into the camera in many of your videos (as Carey does), and make fun of elderly Peruvian women (as Carey does) you don’t get to bitch when people make apish comments to describe your behavior.There is no valid comparison between this and the Goodes incidents. Goodes had a righteous beef, Carey is just trying to cash in on it. Lame. Elizabeth Henderson He also puts hamburger buns, Cheerios and donuts on his surfboard. So what?And the magazine did not describe his “behaviour” as apish. They described his appearance as apish.Or are you saying the the apish reference wasn’t inadvertent but was actually an intentional reference to Carey’s use of food and goofing around in videos or possibly a retaliation for his depiction of a South American woman? Funny Meyers didn’t mention any of those things then.In the end, yet again your response on this is to blame Carey for a mistake by the magazine and the journalist – a mistake which was both insulting and unprofessional.You can try to deflect it all you want. The fact is that any sports magazine or sports journalist worth their salt should know the history of the word ape and primate descriptions for black sportspeople in sport. It’s not about whether or not it’s comparable to the Goodes incident – the point is that the Goodes incident was so highly publicised that it is hard to believe that an Australian sports writer doesn’t know that ape is an offensive racial slur, And the fact that they didn’t makes them amateurs. That’s what’s lame. Jeff Byrnes You haven’t researched Myers at all. He isn’t an Australian sports writer. In fact he isn’t even an Australian nor is he staff at ASL. He is an American, educated at Cal, the senior editor at Surfing Magazine, the prime mover at Innersections, which has openly promoted surfers of all ethnicities, and a man with no history of racism – AT ALL.You clearly have no idea what the hell you’re going on about. You’re so obsessed with the cause you turn a blind eye to the facts.Carey needs to take responsibility for how he portrays himself. Act like an ape you get called an ape. Straight up.Btw, every single black and mixed race person I have run this past in person has been 100% in agreement with my assessment. Elizabeth Henderson More deflection. Is that like the “I have lots of gay friends” excuse for homophobia. 100% of the Aboriginal people I have spoken to (and that’s a lot as I married into a big Aboriginal family) disagree with you. Who cares? None of that is relevant to my point which is that people who call themselves sports writers (whether Australian, American or whatever since it is a globally recognised racial slur in sport) and magazines that want to publish in the Australian sports market have no excuse for using the term.I haven’t called Meyers racist. I have pointed out that the term “ape” when used to describe people of colour is a racial slur with a long history in sport. An American sports writer has even less excuse to not know that, wherever he was educated and whatever his professional pedigree.And now you are saying that this wasn’t unintentional but was actually a justified slur because he “acts like an ape”. In doing so you are intentionally delivering a racial slur to him yourself and saying it’s his fault that you’re doing it. I think that explains a lot about why you’ve taken the position you have in this debate.I don’t see any evidence of Carey “acting like an ape”. I see a guy who acts like a surfer and a young man. Jeff Byrnes Deflection? Laughable. This is one of those rare instances in which the cry of racism is tantamount to the boy who cried wolf.And you’re fool enough to fall for it.Go to my twitter feed. I challenge you to find any solid evidence of racism, bigotry, homophobia, and misogyny.Good luck. Elizabeth Henderson I challenge you to find any example of me saying that you or Meyers are racist. I don’t believe Meyers is racist. I’ve said the word ape in the context of Indigenous people is a racial slur. A person can deliver a racial slur without being a racist – eg if they didn’t know it was a racial slur (as was the case with the 13yo who abused Goodes). What I have said about Meyers is that using the term in the context of Carey was unprofessional and incompetent for a sports journalist. And for the magazine in question.The magazine said as much in its own apology:“Upon the original edit of the magazine, we read the offending term as a jibe at the stereotypical surfer – and failed to see the racist connotations…”And of the magazine’s editor it said:“Davis is devastated that a thoughtless misread could have allowed an insensitive and damaging term to have slipped through to publication.”I say that failing to see the racist connotations of the word ape used to describe an Aboriginal sportsman and being thoughtless in reviewing articles is incompetent for a sports magazine, its editors and writers. Eddie McGuire – an experienced media and sports media progressional – also had no excuse.I’ve also suggested that if the writer had issued an unconditional apology – not an apology followed by the self serving “open letter” which only served to qualify the apology and threaten Carey with ending his career – then Carey might not be taking legal action.So you can dispense with the hyperbole.At no point have you actually addressed what I’m saying – do you disagree that a competent sports journalist should know about the history of racism in sport? Who knows. All you’ve done is head off into tangents about Meyers not being racist, how the comment was unintentional, but actually the comment served him right etc etcWell which is it? Does he deserve a racial slur because he goofs around on a surf video? Somehow I don’t think the magazine will be using that one in its defence.Finally, it seems obvious you have no idea how deeply upsetting and soul destroying it is for an Aboriginal person to be on the receiving end of that word. If people gave Carey some time and space to recover, instead of attacking him all over again, then maybe the precious surfing magazine would come out of this unscathed. Jeff Byrnes And this is where you fail MISERABLY!Myers was NOT referring to Carey’s mixed heritage AT ALL. He was specifically trying to convey the way Carey [very consciously] promotes himself via his appearance. You can’t see the proper context because you haven’t read the original article. Seriously bad pool. Scratch city. Elizabeth Henderson I did not say Meyers was referring to Carey’s lineage and I don’t believe he was. He was clearly referring to his appearance. The word in context:“With his apeish face and cowering hair-curtains, I expect little more than Cro-Magnon grunts from his mouth. I am caught off guard by the clarity and eloquence of his speech.”Nothing to do with his behaviour. And to top it off he throws in a reference to primitive early man. That goes to the heart of the word ape or monkey as an insult to black people – it is based on an old racist idea that black people are less evolved than white people. It has a very old history dating back to a time when eugenics and race theories were at their peak.I am not accusing Meyers of being a racist or of intentionally delivering a racial slur to Carey. I am saying he displayed incompetence as a sports journalist.And yet again you have not answered my question – should a sports journalist know about the history of racism in sport; should they know about the use of the word ape and others like it to slur black sportspeople? I think yes. So does the magazine (based on what it says in it’s apology). You keep avoiding that question. Jeff Byrnes Your reading comprehension blows. I have repeatedly referenced both Carey’s behavior AND deliberately crafted appearance. The only way he could look more primitive is if he dragged his knuckles while wearing a monkey suit.You have a talent for intellectual dishonesty, which is why I’m not surprised to see you so blindly and vigorously defend Carey’s Judas nonsense.BTW, have you bothered to look into any of Myers’ coverage of other mixed race surfers like Dean Morrison? Come to think of it, do you even surf? Elizabeth Henderson Yes *you* have referred to both behaviour and appearance but *Myers* didn’t.And now you’ve revealed your true self. This comment “The only way he could look more primitive is if he dragged his knuckles while wearing a monkey suit.” is a racial slur directed at an Aboriginal man. Calling him Judas is victimisation.I don’t converse with racists. Bye Jeff Byrnes You clearly aren’t reading the length of my responses. If you are you’re doing so through a thick gauze of anger and emotion which is jaundicing your interpretation.I have not once defended Meyers in this. I AM defending all the others that Carey is willing to throw under the bus simply to cash in on a cheap opportunity.You and Carey also have a problem: if you were suing a publication that had a demonstrable record of defamatory and racist comments and pieces then the case would be pretty solid. But that’s not the situation with ASL. Not even close.I challenge you to find a consistent thread of material in ASL’s history that shows racist intent. Good luck.Also, I’m on Oahu. Next time you hop over I’d be happy to discuss why this case is bogus in person.And since you think I’m a racist I’ll ask you this: how many times did you find yourself in Arizona in a room full of meth addled hicks sporting white supremacist tats tossing the word n****r around like so much confetti at a parade? And in that atmosphere of hate did you have the balls to ask them not to use that word?Pretty damn sure I’ve got you beat there.Yeah, I’m such a racist. uncleaina Yes, you are obviously a wonderful person – better than me for sure. Why don’t you google “Ape-ish Obama” and see if any of the images look defamatory. And if calling an Aboriginal Australian “ape-like” – something you want to defend – cool. That’s just the kind of person you are. I got it. Thanks for setting me straight. Jeff Byrnes BTW, I grew up on Oahu. I know your brand of “physical confrontations” all too well, 100% of which were visited upon me entirely unprovoked and for completely racist and prejudicial reasons.I was also there when GH was literally beaten almost to death for no other reason whatsoever than being white.Racism is far from being an exclusively white issue.The #1 killer of white people? Other white people. (I’m Irish, often called the n******s of Europe, and a people the English tried, almost successfully, to eradicate.)The #1 killer of black people? Other black people.How many Hawaiians did Kamehameha kill with the white man’s weapons?Issues of racial division are far more complicated than people are willing to admit, let alone tackle in real terms. Jeff Byrnes This alone seriously damages the claim that ASL acted with knowing racist intent:“The editor is mixed race himself, with black and aboriginal blood.”We need to see the whole original article again so that the proper context of the statement can be evaluated.Carey’s lawyers will have to prove that defamation of character was the INTENT of the article. I doubt that’s gonna fly. Dandaman http://boykepurnomo.staff.ugm.ac.id/wp-content/uploads/the-7-habits-ofhighly-effective-people.pdf Jeff Byrnes I think Carey needs this more than I do.The virtues in this book are self-evident – or should be to anyone capable of thinking of anybody other than themselves. And while I appreciate the sentiment you should have been able to figure out by now that I subscribe to the no-bs school of thought that Bruce, Carlin, Hitchens, Rogan, H.S. Thompson, J. Swift, and their ilk administer. Anyone with even the slightest distaste for vinegar should never go looking for the truth, leave comments on internet message boards, or engage me in a conversation.I have a deep loathing for anything even remotely related to motivational speaking. I am irascible, rough around the edges – and perfectly okay with the fact.My firebrand manner of communication may never make me a dime or gain me popularity but I never got into anything with those intentions.I came from the furnace and into the furnace I will one day return, stoking its flames with pages torn from the books of Chopra, Robins, Winfrey, et al, smiling from ear to ear. uncleaina I want to say for the record that the original article was absolutely defamatory towards Otis. Jeff Byrnes You have to prove that by posting the entire original article as well as the video it references. I have been unable to dig that thing up myself so I’d be more than happy to see you produce a link to it here. Jeff Byrnes Interesting that you keep blatantly distorting and twisting my words to imply that I am defending Myers’ choice of words, which I have not done at all – quite the opposite in fact. And since you brought it up I voted for Obama both times. So far you have levied thinly veiled threats against me and now you’re being openly deceptive in the way you’re representing my statements. Not exactly honorable. It also begs the question: how many times have you beat up on someone simply for the color of their skin and how did it make you feel? Jeff Byrnes After watching all of Kill the Matador, the promotional bit for the “Mermaid Killer” (in which Carey very conspicuously smashes bananas into his fin boxes), and combing tirelessly through much of his online presence I am even more convinced than ever that this whole thing is utter BS and that Carey is absolutely on a money grab. Carey very obviously goes to great lengths to embrace and promote himself as a neo primitive counter cultural anti-establishment icon. Everything about the manner in which he promotes himself goes begging for descriptive comments much like those intoned by Myers, irrespective of any mixed ethnicity. Carey makes no efforts of any kind to demonstrate sophistication. Quite the opposite. In fact, his whole persona is crafted to poke fun at high brow culture on every level. surfshrink Use “I” statements when apologizing. Way too much “you” in this open letter to sound regretful about the situation. It sounds defensive more than apologetic. When in a ditch, the first thing to do is stop digging. If you passed this open letter by a lawyer (your new editor for the coming months) before sending it off, that lawyer gave bad advice. Jeff Byrnes Whatever. Watch all of his videos and peruse his media presence and persona then tell me how you’d describe him in print. For the record I just ran this whole bit by a couple of Af-Am dudes that are sitting right next to me at the moment. Their response was the same as mine: Carey needs to take responsibility for the way he CHOOSES to portray himself.The only apology that should be offered in this situation is from Carey to Myers. This whole episode reeks. Delbazz First of all: incredibly heartfelt apology (“dear person of color, sorry I compared you to primate, now let me attack you for 16 paragraphs”). Second, a professional journalist who uses words for a living doesn’t have any inkling that calling a minority “ape-ish” might be construed as racist? This is just a mistake? Tough to swallow–particularly when he reveals he’s American. No one born in the US with it’s checkered history of race relations would ever, ever, ever, fail to appreciate the significance of such a word. (“wow, that African American jumps like a monkey–no, no, I meant it in a good way. I don’t even think like that.”) But, don’t worry, he’s got black friends. Jesus, that was cliché by the 80s. Zbig Zbertha Mate, you probably aren’t a racist but if I was writing a letter to save my job and that of all my colleagues after massively f**ng up with a totally unnecessary HOWLER, I would make it a lot more unequivocal and avoid whining sludgepickle Let it go Carey. No malice was intended. Forgive. Forget. If you pursue this lawsuit it will consume you. JM For defamation to be proven: (1) Myers’ statement about Carey must be proven to be false, (2) it must be proven that the publisher was in a position to know that the statement was false, and (3) it must be proven that there was malicious intent to cause harm to Carey’s reputation. None of these elements exist. There is nothing illegal about publishing gritty or obnoxious opinions. Those who don’t like what Myers wrote are free to punish Surfing Life by not supporting it. The legal professionals involved on Carey’s side of this travesty are making a mockery of themselves and the principle of free speech. KH Otis Carey is a brave man for taking a stand against the long-running insidious and destructive rascism in Australia. Stop trying to trivialise that stand by suggesting he’s being too sensitive – this is about something much bigger than your magazine and he’s incredibly courageous for addressing it.‘Wouldn’t you rather go surfing?’ Im sure he’d far rather that he and all his ancestors never had to deal with ignorant racism!You have a big influence, just because you’re baffled doesn’t mean you can’t be destructive, thats exactly why its called ignorance. Jeff Byrnes In the video in question (The Mermaid Killer) Carey stabs bananas into his fin boxes, tapes the peel to his trail fin, smears the deck with burgers, doughnuts, and fruit loops, flings his body around like an epileptic meth head on acid (something he does in nearly all his videos), repeatedly makes monkey faces right into the camera (again, something he does in other videos), and dresses like a bridge-dwelling burnout. He deliberately goes begging for unflattering descriptions then crystal fowl and sues a magazine that has done nothing but try to promote his very finite career. Absolute and utter bullshit.Watch the vids. Let’s hear your descriptions afterwards. KH You’re completely missing, or evading, the point. Your constant attempts here to justify racism is gross. You obviously don’t understand, or don’t want to understand, the horrific and insidious effects of racism. You’re massive defensiveness on this blog is weird, what is your issue with addressing racism? There’s only one answer to that and it ain’t pretty! Jeff Byrnes My issue is that I come from a mixed race family and I know the difference between racism and exploiting one’s heritage for a cheap buck.Malcom X had no kind words for faux liberals like you. Neither do I.Go to my twitter feed and see how much evidence you can find of how racist I am. Good luck, clown. Elizabeth Henderson Dear Mr MyersI would grateful if you could confirm whether you endorse this statement made in your defence by one of your fellow surf writers Jeff Byrnes:” The only way he [Carey] could look more primitive is if he dragged his knuckles while wearing a monkey suit.”Best regards Jeff Byrnes So many idiots, so little time.What planet do I live on? The planet of the apes. Literally.I’m an ape and proud of the fact. Jeff Byrnes I’m sure the legal team representing Myers and ASL would be tickled if Myers actually responded to this.I’ve never met Myers and he’s never met me.I suspected you weren’t very bright. This silliness just confirms it.Man, I need my own show. Elizabeth Henderson I’m sure that people can read the threads and decide which of us is bright and which of us isn’t.But if I was on Myer’s legal team (and I am a lawyer so speak with a modicum of understanding of the issue) I would be advising him to actively distance himself from your comments. If I were the lawyer for the company that operates this website I would be advising them to delete your comments and suspend you from use until they get an undertaking from you that you will not defame for vilify anyone any more. If I were your lawyer I would be advising you that you have exposed yourself – and this website potentially – to a defamation claim from Carey and claims under state and federal racial vilification laws.But what would I know? I’m just a silly, unclassy, dumb girl who may or may not be able to surf (because that is very relevant to IQ and ability to understand the history of racism in sport).PS – reading your comments “in context” don’t help you. In fact the totality of your comments on this issue actually reinforce what I have just said. . Elizabeth Henderson Oh and by the way, you still haven’t answered my question as to whether you think that a competent sports journalist should know the history of racism sport and the use of the term ape against black sportspeople in particular. Jeff Byrnes I did answer that question. Several times in fact.I think your bulb needs changing.As for your other comment, you do know that just because you find my position on this topic objectionable you can’t legally censor it, right? What planet do YOU live on? The same one that wants to ban Mark Twain? Elizabeth Henderson I don’t wish to legally censor you. But both you and the operators of this website are exposed to legal claims if you keep vilifying and defaming. So it’s really a matter for you and the website operators as to whether that risk is acceptable to you. Jeff Byrnes Please, by all means Jeff Byrnes You don’t wish to censor me yet threaten legal action against not only me but The Inertia as well for comments made on the message board?Who are you trying to kid?I’m arguing with a crazy person. Elizabeth Henderson You started the speculation on what lawyers may or may not advise in this situation. And then when I offer a more informed assessment you say I am threatening you? I’m not threatening legal action against you – I’m not the one who’s been defamed and vilifed by your racial slurs.The person who has been threatened in these threads is Otis Carey – threatened with the loss of his career and livelihood if he objects to being called an ape. Jeff Byrnes The only person threatening Carey’s career is Carey with this frivolous Judas kick in the balls.Call it racist all you want but it simply isn’t so.You and Carey are for more guilty of defamation than Myers, ASL, or myself could ever be in even our darkest moments.Myers one sentence in an article that no one weighing in on this has read was taken completely out of context in precisely the same way people have taken Twain’s literature out of context and the same way you keep taking my statements out of context. mrempty “racially vilify”? What article did you read??? Jeff Byrnes Research is asking too much of these PC crusaders.The really shitty truth in all of this is that if Carey was 100% Aboriginal instead of the mixed (and mostly white) hipster hunk that he actually is this wouldn’t even be charting.We should be talking about Gina Rinehart much more vociferously. Jeff Byrnes defamation |ˌdefəˈmāSHən|nounthe action of damaging the good reputation of someone; slander or libel: she sued him for defamation.Nobody butchers language and definition (and especially the concept of justice) like a lawyer. They gotta justify their outrageous salaries somehow.Defaming someone is a malicious act. Malice is deliberate and intentional. But go ahead and keep playing at these disingenuous mental gymnastics. It makes lawyers look so honorable. Jeff Byrnes “You redneck, cracker racist.”Prove it in the real world instead of falsely implying it in the virtual one.You want to talk your nonsense to my face than I’m down. Then we’re going on a tour of the world I’ve inhabited and the friends and family I have that represent a broad ethnic range.Put up. Jeff Byrnes No, you just bore me. Guest No, you just know that you’re wrong and you’ve got nothing lol typical keyboard warrior. Guest No, you just know that you’re wrong and you’ve got nothing lol Typical keyboard warrior. Jeff Byrnes Not buying it.When it comes to related issues there are much bigger fish to fry. Get cookin’. Jeff Byrnes Yawn. Ace Ramirez lol Jeff Byrnes When baiting hooks I suggest live worms. Those dried out sidewalk scrapers are flaking off the hook before they even hit the water. Ace Ramirez I don’t fish. Let me know when you have something on-topic to say. Jeff Byrnes >J Ace Ramirez Yawn. Goran Livisec You’re responding to a 9 year-old runt. Jeff Byrnes Can’t say that you could paint me the color of surprised with that information.But thanks all the same. Jeff Byrnes You never found me. Sharon Gibson Nathan I understand that your comments may not feel like a big deal to you. I am a Australian of Irish decent and haven’t suffered from racism myself so they wouldn’t affect me personally either. But unfortunately Aboriginal Australians DO suffer this sort of “casual” racism frequently. Like when someone clutches their purse when approached by a person of colour, or the teenager who has been searched more times by police than anyone in his all white class yet has never been in trouble or with “jokes” like Nathans. Not so long ago our government was using the term apelike when categorising aboriginal people by colour. I am ashamed that Otis Carey had to go so far as taking out a law suit to force a apology and retraction. How many people must have read your article before it was printed. It is up to all people to stand up against racism in all its forms! I know young people who suffer severe anxiety due to racism directed at them. My son is aboriginal and a surfer and idolises Otis carey and was gutted when he read the article. I wish I could protect him from this ignorance but I can’t. People make mistakes.. Nathen should take responsibility and make a real apology taking Australia’s history and racism into context. So my son can get back to the important stuff. Like becoming the next indigenous surf champion.