1. A "whites-only" policy and general
discriminatory intent
Substantial credible evidence exists that the Roundup was not initially intended to have a "whites-only" policy or to be a racist event. Minorities were invited to and did attend Roundups. On the whole, however, the majority of attendees were white males. And while minorities were theoretically welcome to attend Roundups, their experiences varied, with some feeling welcome and returning year after year and others greeted by racial slurs and leaving early. In a number of years, particularly since 1990, racist conduct occurred which would make minority attendees, particularly African Americans, feel unwelcome, making it clear that not all participants shared the view that everyone was welcome to attend.
While on each occasion Rightmyer became aware of racist conduct he took action to stop it, he invariably chose not to take any punitive action against the perpetrators and frequently failed to even attempt to identify the responsible persons. This failure undoubtedly led to the recurrence of such conduct in subsequent years and may have created the impression among some attendees that such conduct would be tolerated.