The language of Marrus comment was not racially offensive. There was no explicit mention of race or colour. I know him to be racially colour blind, and most likely he did not see the target as coloured at all.

However, the plaintiffs contextualized the comment to be racially significant. They were acting on their own insecurities. 

The criteria of civility is no overt racism or bias, not implication of it. Being soooo sensitive to the feelings of others is asking too much. To try to read others' minds would limit free exchange of ideas. We can be held accountable for our words, not of others's reaction to it.