In this paper, a challenge is outlined for Walton’s recent analysis of the fallacy of poisoning the well. An example of the fallacy in action during a debate on affirmative action on a South African campus is taken to raise the question of how Walton’s analysis squares with the idea that disadvantaged parties in debates about race may be epistemically privileged . It is asked when the background of a participant is relevant to a debate and it is proposed that (...) a proper analysis of the poisoning the well will outline conditions under which making one participant’s background an issue in a debate would be legitimate and illegitimate. Expanding Walton’s analysis to deal with the challenge, it is concluded that calling into question a participant’s suitability to take part in a debate is never legitimate when it is based simply on a broad fact about their background (like their race or gender). (shrink)