Ethics Observations On The Annoying Case Of The Lingering Christmas Decorations

Xmas lights-letter

Full disclosure: The Marshall Christmas tree is still up, though absent an unforeseen intervening event, today will be its last.

Long Island resident Sara Pascucci received a typed, anonymous letter a week ago reading: “Take your Christmas lights down! Its Valentines Day!!!!!!”

Her relatively elaborate decorations can be seen above, along with the obnoxious missive. As the Washington Post tells the story, Pascucci was especially upset by the letter because she had lost both her father and aunt in January “to” the Wuhan virus. We now know (or should know) that they may have died of something else entirely but with the virus rather than from or of the virus and would still be listed as pandemic casualties because the idea is to keep the public as terrified and malleable as possible. This is irrelevant to the story, but it drives me crazy. What the father and aunt died of is also irrelevant to the story, and in fact I don’t see any justification for including the information at all except as more pandemic-panic propaganda, which has been the news media’s mission for a year. If Pascucci’s father had died of complications following a stroke and her aunt was 105 and had died of an allergic reaction to peanut oil, do you really think that would have been included in the story?

But I digress…

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From The Ethics Alarms Signature Significance Files: Andrea Mitchell’s Idiotic Tweet

Mtchell tweet

No Andrea, you arrogant, incompetent, disrespectful partisan fool: it’s Shakespeare, from one of the Bard’s most famous and best known tragedies, “MacBeth,” and perhaps the best known speech from that play, by MacBeth, in Act 5 Scene 5.

There would have been a time for such a word.
Tomorrow, and tomorrow, and tomorrow,
Creeps in this petty pace from day to day
To the last syllable of recorded time,
And all our yesterdays have lighted fools
The way to dusty death. Out, out, brief candle!
Life’s but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more: it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.

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Morning Ethics Warm-Up, 2/10/2021: Happy Birthday, Jimmy! [UPDATED!]

Jimmy Durante was born on this day in 1893 (“The Snozzola” died 87 years later, in 1980. He’s a semi-regular around here, because it’s Jimmy’s famous line from “Jumbo” (1935) (“Elephant? What elephant?”) that describes the Ethics Alarms offense of resolutely refusing to admit an ethic breach that cannot be denied.

My father was a lifetime admirer of Jimmy, and eventually I joined him: we had all of his albums, and as a stage director I often played his renditions of a ballad (like “I’ll Be Seeing You”) for singers to demonstrate the importance of phrasing and expression, both of which Durante excelled at despite having a distinctive but hardly euphonious voice. He also impressed me with his professionalism. When my father was handling marketing for a Boston banking association, he helped arrange for his organization to be one of the sponsors of Jimmy’s show, which came to the Prudential Center in Boston. The Snozz was over 70 then, but he always seemed ageless, and his energy in person was even more impressive than it was on TV (in fact, Durante had learned to tone down his enthusiasm on the small screen, because it became exhausting to watch). He made his entrance in the stage show rushing on from the wings while singing and flinging his fedora to the back of the stage, where it landed neatly on the head of his band’s bald drummer. My father managed to get our family backstage (though Jimmy was not available because he had a charity appearance right after the show) and I talked to the drummer. I asked him how often Jimmy landed the hat on his head. He replied, “He’s never missed.” He went on to say that his boss rehearsed that bit for hours every week and before every show. It was a split second grace note, but Jimmy insisted on doing it perfectly.

Durante had a stroke after a show when he was almost 80, and never fully recovered. My father, who was uncomfortable expressing emotion face to face but wrote beautiful and touching letters (I hated getting them because they always made me cry; still do), wrote Jimmy, who was then bedridden, a letter thanking him his long entertainment career and explained what his work had meant to Dad. Jimmy’s wife Margie wrote back to say she had read the letter to Jimmy, and he had mouthed the words “Thank you.”

1. Politicizing everything. UCLA’s star gymnast Nia Dennis is getting accolades for turning her floor routine into an ” exuberant and powerful celebration” of black culture. Says Slate, “This routine has everything. Dennis pays tribute to Colin Kaepernick (she kneels!), Tommie Smith and John Carlos (she raises a fist!), and Kamala Harris (like a soror, she strolls and she steps!).” That’s funny: the only way I would recognize a reference to Harris would be if Nia cackled and blathered nonsense. The routine is more dance than gymnastics, but it’s a diabolical gimmick (don’t blame Nia: she has a woke choreographer, Bjoya Das). Any judge that doesn’t give the routine the highest marks knows he or she will be cancelled as a virulent racist.

2. Then there’s the Jeep ad…I’m not going to bother with surveying the ethically dubious Super Bowl ads this year, since they all are unethical for supporting the NFL’s ongoing negligent homicide, but I can’t let Bruce Springsteen’s obnoxious Jeep ad pass. Here it is:

[Whoa! That video was pulled from YouTube shortly after I posted it! I also can’t find a link that has it.]

“To The ReUnited States Of America.” Right. Springsteen is hardly an honest advocate for “the middle,” as a vocal Democrat and anti-Trump shill. The country is supposedly “re-united” because a Democrat is President. The entire theme of the ad is a cynical exercise in Rationalization #64, “It isn’t what it is.” Donald Trump was “divisive” because Democrats decided to paint him as such. Enforcing immigration laws shouldn’t be divisive. Withdrawing from an unapproved treaty with no actual impact shouldn’t be divisive. Calling the biased news media what it is shouldn’t be divisive. Now, calling half the country racists , Nazis and morons IS divisive, and the party that just won control of Congress and the White House has been doing that for four years. Surveys show that that half of the country is more angry, alienated and distrustful than ever, and for some very good reasons, like the current unconstitutional impeachment trial. Got it, Bruce: when Republicans win a national election it’s divisive,and when Democrats win one, it’s unifying.

Update: Apparently Jeep has received so many complaints about Bruce that they decided it was a major gaffe. How can this happen? It happens when the entire company and its ad agency is so overloaded with Democrats and progressives that they can’t see what’s right in front of them.

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Cancelled For A Single Word

And spoken outside his home, to friends.

Country music superstar Morgan Wallen was suspended indefinitely by his record label and removed from hundreds of radio stations across the country yesterday. The reason? He was captured on camera saying “nigger.” TMZ posted a video this week showing Wallen loudly returning home with friends. A neighbor started recording the scene and the video included Wallen using the word. If you can tell the context of his words, please explain it to me. Was “nigger” meant as an insult, or was it used playfully? Was the target white or black? There is no evidence that he “hurled” the word, because that suggest that it was hurled at someone.

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“Nipplegate” Revisited

nipplegate

Today is the anniversary of Nipplegate, which, you probably recall, is when Janet Jackson and Justin Timberlake executed their juvenile plot to get cheap publicity by flashing her breast during the 2004 Super Bowl XXXVIII half-time show (back when I watched the Super Bowl in my ignorance of just how vile the NFL was) and began lying about it. By the time the dust cleared, the Federal Communications Commission had received 540,000 complaints about the incident. Viacom, CBS’ parent company, received the maximum fine the FCC could issue for such offenses, and paid $3.5 million to settle indecency complaints about the broadcast.

Ethics Alarms has featured two reflections on that incident. One was a rebuttal, an easy one, of pop culture pundit Emmanuel Hapsis’s ridiculous analysis, declaring the episode as exemplifying America’s “patriarchy,” “racism” and “sexism.” I wrote then, tongue piercing my cheek, that “obviously no white singers flashing ten-year-olds in TV land would be criticized, and no male singer who decided to let Mr. Wiggly make a guest appearance would be similarly pilloried.” I received a wave of really nasty comments on that one, highlighted by someone named Troy whom I honored, sort of, with a Comment of the Day in 2018. I’ll revisit it with pleasure now, since it’s short, funny and stupid. He wrote,

Madonna’s white ass has been showing her boobs, coochie and anything else that is of a sexual nature all through the late 80’s up until today…and though she got criticized for her antics, even pissing off the Catholic Church with her attention seeking ways, as soon as a black woman gets’ exposed by a this privileged white boy, then the whole white world screams OMG, OMG, hang her, nail her to the cross…blame her, blame her…this whole fiasco is reminiscent of how whites back in slavery times would lynch blacks for solely being black and then again in modern times how white people can cuss a police officer out, spit in their face, fight them and get taken to prison to cool off with only a slap on the wrist…but a black person get’s pulled over and by a white officer for having expired license plates or a busted tail light and they never make it to jail, they are taken straight to the morgue, because like what White Boy Privileged Justin did to Janet, it becomes a black issue and she was the only one who got blamed, black balled and even her apology was not enough for the privileged whites, she had to PAY and pay dearly. So for all those white privileged reading this article, and saying she does not deserve an apology, I GET IT, you all want her HANGED…It’s what you all believe to be punishment to the full extent for this black woman, who has NEVER, EVER been in any trouble, caused any drama and had been low-key, and private all of her life until that one millisecond to be torn to shreds by the white privileged…well for those of us who are WOKE, we see What Madonna has made a career of doing, Janet should get the death penalty. So white privileged of you all.

“Madonna’s white ass has been showing her boobs” might be my favorite phrase to appear on this site in ten years.

It’s also disturbing to realize that Troy could probably be elected to Congress today with that level of analysis. But I digress.

The unexpected reappearance of The Ethics Scoreboard online now gives me the opportunity to re-post the commentary there about “Nipplegate” written shortly after it all occurred. So, in commemoration of that ethics train wreck, and also because I wouldn’t change anything I wrote then, here is an encore, slightly edited, of “The Breast,” from February 11, 2004.

***

The Breast

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Ethics Warm-Up, 1/22/2021, As Your Host Tries Not To Write Angry

Only the soothing tones of Johnny Nash could calm me down after this morning’s ordeal, and it hasn’t worked yet.

I set out with my wife to get her to a rather urgent doctor’s appointment at an office we had never been to before. I should have been forewarned knowing it was in Manassas (those who know Northern Virginia know what I mean.)To make a long, horrible story short, we never got there. The exits on Route 66 suddely skipped five numbers. There was a sign for Exit 47 A, which was also for 47 B without saying so. The construction everywhere made navigation impossible. After missing the right exit, detours and construction mad it seemingly impossible to get on 66 going the other way, The Google map directions were wrong. The GPS installed in the car refused to take the street number, and dumped us in no-man’s land. Naturally, everyone we talked to at the doctor’s office professed ignorance at how to get there. After wandering in the wilderness for two hours, we gave up. Then the last staffer at the doctor’s office said, “Oh, when you come back, don’t use Exit 47 like all the directions say. Use 44. That takes you right to our door and avoids all the construction.”

NOW you tell me that?

The over-arching goal of ethics is to make life easier and more pleasant for everyone else. If you work or live in a locale that is difficult to get to or find the first time, you warn people.

1. Welcome “Impeachment or Removal Plan U”! Well, not really welcome. Not really a removal plan either. Plan U is based on Section 3 of the Fourteenth Amendment, which was being thrown around as a way to punish Senator Hawley and Cruz for doing what Democrats had done every time this century a Republican had won the Presidency: challenge the electoral vote. When Republicans do it, you see, it’s an insurrection. Then teh second that word escaped their lips, coup-minded Democrats hit themselves in the forehead with teh palm of their hands, “I could have had a V-8!” style, and said, “Wait a minute! How did we let this get by us when we were trying to devise a way to get rid of Trump without winning an election! It was there all the time!” Then, choosing to ignore the fact that you can’t “get rid of” someone who’s already gone, this became the latest of 21—yes 21!—bogus anti-Trump plans. (I haven’t added it to the list yet. Give me a break.)

Let U stand for “Unbelievable!”

Section 3 provides:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

Law profs Seth Tillman and Josh Blackman soberly analyze the theory here, saying in conclusion,

“…it is not clear that the House managers seek to disqualify Trump under the Impeachment Disqualification Clause, as well as under Section 3. The sole article of impeachment is opaque on this point. It references Section 3, but we think it is only referenced in the context of efforts to define a substantive impeachable offense. We expect that President Trump’s counsel will argue that the text of the House’s single article of impeachment does not give him fair notice that he faces Section 3 disqualification. Once again, the House’s rushed drafting may determine the fate of the Senate impeachment trial.”

That. and the fact that the impeachment was based on literally nothing.

2. Now this is a weird ethics movie…“The Killing of a Scared Deer, the 2017 film now on Netflix, raises a “Sophie’s Choice”-style ethical dilemma with solution that looks ridiculous but has at least surface validity if you can accept the premise: the character who has to make the choice is dealing with some kind of a curse.

3. Is it incompetent to employ a strategy that nobody knew was incompetent? Statistical analytics now show that the traditional football strategy of punting usually makes no sense. Now, college and professional teams are going for a first down when once they would have kicked the ball away.

The Chicago Tribune reports,

Punting has become far less prevalent in recent years. NFL teams punted an average of 3.7 times per game during the 2020 regular season, the lowest figure in recorded pro football history. Teams averaged 4.8 punts per game as recently as 2017, a rate that had held more or less steady since the mid-1980s but has declined in each of the last four seasons….The sudden decrease in punting comes over a decade after the football analytics community began decrying the punt as a counterproductive strategy, particularly in short-yardage situations near midfield or when trailing late in a close game. It doesn’t take much number-crunching to realize that if the average offense gains 5.6 yards per play (the 2020 rate), not only should a team be able to pick up a yard or 2 on fourth down, but it should also be wary of gifting the ball to an offense capable of marching right back down the field 5.6 yards at a time.

The traditions and conventional wisdom in sports and other activities, wrong, counter-productive or silly though they may be, don’t indicate incompetence until data, changed conditions or experience indicate that they don’t work. Now it seems obvious that punting is usually foolish, just as baseball finally learned that sacrifice bunts were dumb except in very special situations. But when a culture accepts conventional wisdom and it it is embedded in that culture, one cannot call it incompetence to stick with tradition, unless and until there is access to information proving the accepted practice to be folly.

4. A reminder: Yahoo! and other news sources have reported that “Over 408,000 Americans have died of COVID-19 as of Thursday.” That’s false. It is the essence of fake news. As Ethics Alarms had noted repeatedly, over 408,000 Americans may have died WITH the virus, but there is no question that they all did not die OF the virus. I am still waiting for a well-publicized estimate of how many of those deaths were not super-seniors, cancer patients, or others who may well have died anyway. This is something we have a right to know.

5. A plea for a double standard from Joe. Associated Press reporter Zeke Miller asked President Biden if the vaccination goal was “high enough,” since “that’s basically where the U.S. is right now.” Biden responded with pique, although he did not call Miller a pony-soldier, saying, “When I announced it you all said it wasn’t possible. Come on, give me a break, man.” It’s a fair request, but if there was ever an instance when any journalist from a non-conservative news organization gave Biden’s predecessor a break, please refresh my memory. I can’t think of one. Besides, Biden is already getting one ” break” after another, as Mediate notes in a recent post titled, “Media Begins Biden Presidency With Overt Fawning and Flattery.”

6. Hank Aaron has died. The legitimate baseball career home run champ (I do not count Barry Bonds) was 86. He represented the very best of baseball ethics on and off the field throughout his career unlike the icon whose homer total he bested (Babe Ruth had no peer as a player, but had the ethics of a ten-year-old his whole life), and the miscreant who passed him by cheating, Bonds. The Hammer was always being over-shadowed by someone: Willy Mays, a contemporary, was more gifted and charismatic; Ernie Banks was more lovable, Roberto Clemente was never had a chance to grow old. Henry Aaron just did his job every day, seldom missing a game due to injury, leading the National League in various seasons in batting average, homers,runs, hits and RBI. Aaron only won one Most Valuable Player Award (in 1957, when his Braves won the pennant), but over his 23 year career, he proved more valuable than almost all of his contemporaries.

[Notice of Correction: I originally wrote that Hank never won an an MVP. Thanks to LoSonnambulo for the correction.]

Mid-Day Ethics Warm-Up, 1/5/2021: Zombie Lawyers! Imaginary News! Dead Ethics Alarms! Wrong Numbers!

zombie-hand

1. The Florida Bar, protecting us all against unethical zombie lawyers...Last month, the Florida Supreme Court approved that Florida Bar’s decision to disbar Sabrina Starr Spradley, a 41-year-old attorney in private practice in Delray Beach, Florida. She died more than a year ago. The rules do not require another attorney or family member to tell the bar when a lawyer being disciplined has died, so poor Sabrina had to suffer the post mortem indignity of being labeled an unethical lawyer.

“We do have 108,000 lawyers in Florida,” a Florida Bar spokesperson explained. “There are a lot of individuals that we regulate. We rely on people to inform us.”

Why? How hard is it to routinely check the obituaries before wasting the Supreme Court’s time?

2. For the fake news Hall of Fame. Because President Trump is “reportedly” (whatever that means) “considering” flying to Scotland instead of attending Joe Biden’s inauguration on January 20, the Independent reports that Scotland won’t allow him in, because it wouldn’t be “essential” travel. Can a news headline (“Trump not allowed into Scotland to escape Biden inauguration, Sturgeon warns” ) be built on fewer facts than this?

Incidentally, there’s no law requiring an outgoing President to attend the inauguration of a President, and if Trump declines to do so, he would not be the first. He’d be the fourth, following John Adams, John Quincy Adams, and Andrew Johnson. A gracious transfer of power is always in the best interest of the nation, and Trump would do himself a favor if he just sucked it up and pretended to be a statesman. I doubt that he will.

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Saturday Evening Ethics Post, 1/2/2021

10-saturday-evening-post-magazines

State of the Blog: Yesterday marked the 365 day low point in Ethics Alarms traffic after what was otherwise a lively year. Coincidentally, it also marked the all-time high point in Ethics Alarms followers, if you don’t count Twitter, which I do not.

I’ve got a lot of housekeeping to do on the blog, and I’m hoping the annual dead spot after New Years gives me time to do i. This includes fixing some broken links, continuing to fix typos both old and new (Pennagain and Other Bill provide a marvelous service by flagging them, and I am behind right now), taking down some pages and categories that are or will soon be out-dated in the wake of President Trump’s defeat, taking the time to see if I can master the WordPress “block” system which right now robs me of an extra 30 to 40 minutes every day, and finishing and posting several articles that have been hanging around my neck in various states of incompletion. There are a couple of rationalizations that need posting, too, and some Comments of the Day that fell through the cracks.

I always have hope that I will get up the Ethics Alarms Awards for the year, which I have failed to do now for several cycles. They are fun, but they take a lot of time, and the stats say few read them. I may try a less ambitious version

Facebook finally allows me to link to articles, though it won’t post the graphics like it will for other websites, but after two years of being blocked for violating Facebook community standards, I consider that progress.

To be honest, I’m tired, and right now I’m sick and tired. The core group of commenters here keeps me focused on the mission, and for that I am grateful beyond words.

1. I was going to devote a whole post in rant form to this, but I calmed down. In August of last year, The Robert H. Jackson Center hosted a discussion on comedian George Carlin’s “7 Dirty Words” and the 5-4 FCC v. Pacifica Foundation SCOTUS decision in 1978 upholding the broadcast restrictions on George Carlin’s “seven dirty words” routine as well as the words he discussed. Emmy-nominated producer Stephen J. Morrison, serving as moderator, was joined by comedian Lewis Black, Carlin’s daughter Kelly Carlin and Cornell Law professor Howard Leib. I stumbled upon a recording of the discussion on the Sirius-XM “Classic Comics” station, and my head exploded so many times that I had to clean up the car like John Travolta in “Pulp Fiction.”

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Bizarro World Ethics: A Vicious Young Jerk’s Unethical Act Is Celebrated And His Victim Vilified In A Cautionary Tale Of What Happens When Society Allows Its Values To Be Turned Inside Out. Part II: The Times And Its Readers

Mimi

In Part I, describing the horrific personal destruction of 18-year-old Mimi Groves (above)–the antiseptic term “unethical” does not adequately convey the pure viciousness and wrongfulness of the act—I attempted to clarify what the entire scenario represents, a near complete distortion of values and ethical norms with ominous implications. I mostly left out the enthusiastic participation of the New York Times in this destructive process, first, because it was not directly involved in Jimmy Galligan’s hateful and pernicious conduct, and second, because of space considerations. Thus we have Part II.

The Times signaled its sentiments and objectives in the headline of its feature, written by reporter Dan Levin: “A Racial Slur, a Viral Video, and a Reckoning.” “Reckoning” means, in this context, a settling of accounts, a judgment, or earned punishment. In the view of the Times writer and the editors who allowed it to be published, Mimi Groves was justly punished by her black classmate, who plotted–plotted is a fair description—to derail her education and future prospects, and did so. What was the conduct that earned the “reckoning”? Groves used a word, in a general context, that the social justice establishment has ruled, on its own authority, can never be uttered for any reason, or published in print—unless the individual responsible is black, in which case it may be rude or less than desirable, but otherwise it’s OK.

At the time the word “nigger” was used by Groves in a three second video on social media, and today, popular songs embraced by her age group and peer group used the same word repeatedly, and made millions of dollars as a result. At the time the word “nigger” was used by Groves in a three second video on social media, popular movies showed black characters calling other black characters that same word in jest, or affectionately, or for shock value.The actors playing those characters, notably Samuel L. Jackson, who has earned a bundle as the spokesperson for a major credit card,while using teh word “nigger” more times on screen that any actor in film history, have not faced any “reckoning.” The screenwriters who put those words in his mouth faced no “reckoning”; the directors who permitted the dialogue to be read and the studios that sent the wave of “niggers” into theaters and streaming services faced no “reckoning.”

Just this month, Netflix premiered an adaptation of August Wilson’s play “Ma Rainey’s Black Bottom,” directed by acclaimed social justice warrior director George C. Wolfe, an African American. When a stream of “niggers” was unleashed about ten minutes into the fim, never to stop, I was genuinely confused. How could this be, when I have a file of professors and teachers who faced sanctions, protests, suspensions, and professional destruction, not by referring to any black individual as a nigger, but by using the word in the context of discussing legal, ethical and cultural implications of language.

Yes, I was confused, and I am a lawyer, a writer, an ethicist and a teacher with more than four times as much experience in life as Mimi Groves when, as a child, she mistakenly thought a casual use of the word in a social media message wouldn’t upset anyone, much less put a dedicated life assassin on her trail.The the New York Times holds that Mimi deserved her “reckoning,” and made sure that if anyone inclined to tar her as a racist unfit for human association on this woke culture we are breeding didn’t know that she had to be punished and why, a major feature in the nation’s most read, circulated and quoted newspaper would spread word of her disgrace. The paper’s verdict is clear: Jimmy Galligan struck a blow against “systemic societal racism.” He’s a hero, even though literally nothing he did was ethical, fair, or just:

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Unethical . . . But Funny! Well, Stupid, Really . . .

Gross netting

This week, Superior Court Judge Kimberly Knill ordered the billionaire bond investor Bill Gross and his partner Amy Schwartz, to stop violating the noise ordinances of the Laguna Beach municipal code by playing the “Gilligan’s Island” theme song music on their outdoor speakers. Evidence showed that music was played so loudly it could be heard inside neighbor Mark Towfiq’s—he’s also a billionaire— home despite concrete construction and half-inch-thick, dual-pane windows.

Why was the couple inflicting the infamous earworm on their neighbor? It seems the music started when Towfiw objected to the Gross estate erecting the ugly plastic netting around a huge glass sculpture that they had installed in their back yard. When he complained, Gross, 76, and Schwartz, 51 retaliated by claiming their neighbor was a Peeping Tom. Then the the couple started inviting him to sit right down as they told a tale about a three hour tour, night after night.

The litigation, which involved teams of high-priced lawyers on both sides, commenced November 9. A city code enforcement official testified that Gross and Schwartz said they would lower the music if Towfiq dropped his complaint about the sculpture. Towfiq’s lawyers presented a text from Gross responding to their client’s request to turn down the music in which Gross wrote, “Peace on all fronts or we’ll just have nightly concerts big boy.”

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