CLAIM OF RACIAL SLUR TOSSED; JUDGE OKS REFILING OF CASE.

Byline: Holly Edwards Staff Writer

A judge dismissed a discrimination claim Wednesday by an African- American man who says a Six Flags Magic Mountain employee made racial slurs against him, but the judge said the claim could be refiled.

The discrimination claim was within a larger lawsuit and focuses on slurs audible on a videotape, according to the man's lawyer.

Judge Helen Bendix gave the plaintiff's attorney seven days to refile the case with new discrimination claims and gave both sides until July 20 to reach an out-of-court settlement.

If an agreement cannot be reached, a trial on the lawsuit will be held Aug. 29, Bendix ruled Wednesday in Los Angeles County Superior Court.

In the lawsuit, filed Aug. 10, Thurman Brown of Los Angles claims he purchased a videotape of himself on a bungee jump ride at the amusement park about a year ago. When he took the tape home, the employee who made the tape could be heard repeatedly making racial slurs, said Robert Weinstein, Brown's attorney.

``These are shocking, egregious epithets,'' Weinstein said. ``It's outrageous and there's no excuse for it in this day and age.''

Brown is seeking policy changes at the park and unspecified damages for discrimination, emotional distress, libel and slander.

James Michalski, the attorney representing Magic Mountain, said Weinstein has not yet provided him with the videotape and therefore he could not comment on it.

``Until we get a copy of the tape, we don't know what was said or who said it,'' Michalski said, adding that even if racial slurs are heard on the tape, it will be very difficult to prove a park staff member said them.