Harassment At Starbucks: If This Were An Isolated Episode, It Wouldn’t Be Worth An Ethics Post—But It’s Not. Now What?

At a Palo Alto Starbucks this week, a man wearing a red Make America Great Again cap, minding his own business, was confronted by a furious Rebecca Parker Mankey,  an appointed member of Palo Alto’s North Ventura Coordinated Area Plan Working Group and co-chairs the Bayshore Progressive Democrats.

She began shouting that he was a”hater of brown people” and “Nazi scum,” and exhorted the other  Starbucks customers and employees to join her in shaming him, . Mankey later said she was “heartbroken” that other “white people”—like her target— didn’t join her assault.   “I called him more names and told him to call the police. Then I yelled and asked someone else at Starbucks to call the police. He wouldn’t call the police, so I called him a wimp. He got his stuff together to leave. I followed him to the register while he complained about me. Then chased him out of Starbucks yelling at him to get the fuck out of my town and never come back,” she wrote. One he was in the parking lot, she threatening  to post pictures of him on social media—which she did—along with her version of the incident. She asked the public for help finding him so she could make sure he was harassed, saying, “I want him to have nowhere to hide.” Continue reading

The District Of Columbia Bar’s Proposed New Anti-Discrimination And Harassment Rule

In May of 2018, I wrote about the ABA’s new anti-discrimination and harassment rule, 8.4 g, which has been heavily criticized, and, in Tennessee, declared unconstitutional. Here, again, is the text:

“It is professional misconduct for a lawyer to… engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these Rules.”

Undeterred (and as I predicted), the always “woke” District of Columbia Bar is charging ahead with a version of the rule, and asking for comments from members (like me) on its proposed version, which would replace the current, much narrower anti-discrimination rule currently enforced, Rule 9.1. Here is the D.C. draft:

D.C. Rule 9.1 (Nondiscrimination and Antiharassment)

It is professional misconduct for a lawyer, with respect to the practice of law, to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status, family responsibility, or socioeconomic status. This Rule does not limit the ability of a lawyer to accept, decline or, in accordance with Rule 1.16, withdraw from a representation. This Rule does not preclude providing legitimate advice or engaging in legitimate advocacy consistent with these Rules.

Hmmmm. Continue reading

Twitter Ethics, “Punching Down” Ethics: The Trevor Bauer Affair

The Pitcher And his Non-Fan

So it’s come to this. It isn’t enough to use past juvenile tweets as a means to shame and subordinate professional athletes. Now the sportswriting establishment is lobbying for teams to exercise control over their social media conduct and style even when no slurs or even alleged slurs are involved.

Trevor Bauer is an established major league starting pitcher for the Cleveland Indians, finally emerging a s star after many years of dreaded “potential.” He’s not a kid–he’s 27—but in his public dealings and image be appears to be about 14. There’s nothing wrong with that at all. He plays a kid’s game, and young sportswriters cheer players now who make faces, preen, trash talk and engage in extreme on-the-field celebrations. Dignity on the field is considered passe, a problem for baseball. Be out there! Show personality!

Ah, but some sportswriters have decided that they are the arbiters of what kind of eccentricities are acceptable, even off the field. For some reason, sports media like NBC Sports and ESPN have decided to pollute sports reporting with the unqualified declarations of woke and aspiring social justice warriors.  I know not why, unless it is part of the full immersion progressive indoctrination strategy that the news media has joined.

At NBC Sports, two baseball writers, Bill Baer and Craig Calcaterra, are such devoted leftist propagandists that any regular reader can predict their screeds before reading them. If the baseball page isn’t just lifting news unaccredited from other sites (MLB Trade Rumors, diligent, competent, and blissfully politics free, is the main victim), Baer or Calcaterra are making arguments that Rep. Oacsio-Cortez would endorse in a heartbeat. For example, they believe that it is travesty of justice that team owners aren’t willing to pay millionaire players what the players feel they “deserve” rather than what is prudent for the owners’ budgets and what makes sense based on reasonable assessments of a players’ value.

Recently Bill Baer decided to demand the Indians and MLB “do something” about Trevor Bauer. The full presumptuousness and arrogance of his argument cannot be appreciated without quoting him extensively, which I will do now, with periodic commentary. The post is headlined, “Indians, MLB need to take Trevor Bauer’s harassing tweets seriously.”

He begins by an unethical device called “poisoning the well,” using an irrelevant episode or accusation to pre-bias readers:

Indians pitcher Trevor Bauer is what we extremely online people call “extremely online” [which means] to inculcate oneself to Internet culture, including humor. Bauer exemplified this last year when he went to arbitration with the Indians. He wanted to file for $6.9 million, but …the right-hander was warned that the figure was too high and could result in him losing his case. He then wanted to file for $6,420,969.69. Why 69? As any teenager can tell you, it references a sexual position and that’s funny stuff on the Internet. Why 420? Well, that references April 20, or 4/20, a day of celebration for marijuana enthusiasts…Bauer started “The 69 Days of Giving” in which he would donate $420.69 daily to a different charity. On the 69th and final day, he pledged to donate $69,420.69 to a secret charity. So, that gives you a bit of a picture of Bauer’s personality and sense of humor. .

Oh, who cares? I love “offensive jokes” that have to be explained so people can find them offensive. The encomium that “if you detect a dog whistle, you’re the dog” seems apt here. Who, except geeks like Baer, look for coded drug and sex messages in salary demands? But Baer was just getting warmed up…

That was mostly fine until two days ago when Bauer responded to a critic on Twitter. The critic, a baseball fan named Nikki, wrote of Bauer, “My new least favorite person in all sports,” tagging Bauer’s Twitter account (@BauerOutage). Bauer responded, “Welcome to the fan club” and included a kiss emoji. If that was the start and end of it, we wouldn’t be having this conversation. But Bauer persisted, repeatedly going after her. …Bauer also replied to Nikki’s tweets publically – direct replies can only be seen by those who follow both parties – which allowed all 134,000 of his followers to get in on the drama and chime in. Bauer was repeatedly inviting his fans to harass Nikki on his behalf, and they did. Nikki ended up temporarily deleting her account. Responding to a Bauer fan who criticized her for deleting, Nikki wrote, “Sorry I didn’t like being told to kill my self for 4 days straight. You’re right. I’m so soft.”

…Why is Bauer’s behavior wrong? Simply put, it’s because there’s a power imbalance and Bauer exploited that to harass a woman, a baseball fan. Even after the online fracas with Bauer, Nikki has only 600 followers. Only a handful of people would go to bat for Nikki, but even a tiny percentage of Bauer’s 134,000 followers going after Nikki constitutes a gross amount of abuse. Let’s say that only 0.5 percent got involved. That’s still 670 people — more than Nikki’s entire follower count. It’s tough to get an actual count of just how many people were in Nikki’s mentions as a result of her interactions with Bauer, but a cursory search shows it’s quite a lot.

In short, Bauer wielded his power – his fame and online influence – improperly and unfairly towards Nikki. He bullied her. It is also notable that Bauer chose to obsess this way over a female critic. He has never gone to this length to challenge a male critic.

Now that Bauer has gone Full Social Justice #MeToo Virtue-Signaling Avenger, let’s unpack this.

First, this isn’t “harassment” by any legal or ethical definition. The woman, who for all Bauer knew could have been  a dog, or President Trump, gratuitously attacked him, calling him in an early tweet, ” a professional athlete that tweets like a 16 year girl on her period.”  Should Bauer have taken the bait and engaged in a nasty exchange? It was unwise. It was imprudent. It was tit-for-tat. However, the playing field was Twitter, and the fan voluntarily engaged him on it. Baer’s argument makes no sense: he is arguing that a non-celebrity can attack a celebrity online and in social media, but if the celebrity strikes back in kind, it’s “punching down.”

Balderdash. Continue reading

Ethics Hero: Black Swan Books Owner Nick Cooke

The “A Nation of Assholes” scenario is in full sway when an entire side of the ideological divide attacks the owner of a public accommodation for insisting that his customers are not harassed and abused. That is a fair description of the fall-out from the recent episode at Richmond’s Black Swan Books, where the owner behaved like the owner of the Red Hen restaurant should have behaved: like an American, like a supporter of diversity of view, like a believer in our political system, like a foe of bias and discrimination.

From the Richmond Times-Dispatch:

Nick Cooke, owner of Black Swan Books on West Main Street in the Fan District, said Bannon was in the bookstore Saturday afternoon and that a woman confronted him, calling him a “piece of trash.” Cooke said he called 911 and that the woman left as he made the call.

“Steve Bannon was simply standing, looking at books, minding his own business. I asked her to leave, and she wouldn’t. And I said, ‘I’m going to call the police if you don’t,’ and I went to call the police and she left,” Cooke said. “And that’s the end of the story.”

The Richmond Police Department confirmed a call was made around 3:15 p.m. Saturday for a report of someone yelling at a political figure in the bookstore and that the call was canceled before any officers responded.

“We are a bookshop. Bookshops are all about ideas and tolerating different opinions and not about verbally assaulting somebody, which is what was happening,” Cooke said.

But it was not the end of the story, because so many Democrats and progressives have taken a dangerous turn to totalitarianism and the tactics of  Lenin and the Nazi Party, seeking to harass and abuse those with whom they disagree. The antifa is no longer on the far fringes of the Left: it is creeping toward the center, or perhaps the better metaphor is that the Left is creeping toward it, and I do mean creep. These are awful people, as I’ve said before. Not because of their beliefs, but because of their conduct. Unable to produce the political dominance that they thought had been assured with the election of Barack Obama, frustrated progressives are increasingly abandoning the values and processes of a constitutional democracy to resort to political and social warfare. The attempt to exclude conservatives and Republicans from the basic rights of citizenship, such as being able to walk down a street, shop, or have dinner without being accosted and hectored, represents an escalation, and is signature significance for an ideological movement that has forsworn ethics for the pursuit of power.

( And yes, I personally think Steve Bannon is also an awful person. As is President Trump. As are Maxine Waters, Chuck Schumer, Mitch McConnell, Joy Reid, Michael Cohen, Charles M. Blow, Barry Bonds, Stephen Colbert, Howard Stern, Joe Arpaio, Omarosa, Anthony Scaramucci, Harry Reid, Scott Pruitt, Bill Clinton and Hillary Clinton. There are many millions of arguably awful people, all well short of being criminals, in this country, and every one of them has the right to live his or her life unmolested when they are not being overtly awful. Any political party that takes the position that this statement is not true should be disqualified from holding power.)

Speaking of awful people, Philippe Reines, a top aide in Hillary Clinton’s Presidential campaign, tweeted out the contact information for the bookstore on Sunday afternoon, in effect doxxing her and siccing the social media mob and the Maxine Waters Brigade on the book store and its owner. Typical of the illogic employed by the self-righteous harassers was this tweet:

Woman: Steve Bannon, you’re a piece of trash!

Bookstore Owner: We are a bookstore! We tolerate different ideas!

Also Bookstore Owner: *calls police on woman to have her removed because she expressed her different ideas*

No, you lying moron, the owner called the police because the woman was harassing his customers.  Presumably Nick would have called the police on Bannon if the former Trump aide had been harassing her.

Black Swan Books  is the anti-Old Town Sport&Health Club, which I wrote about as an Ethics Dunce here.

In that 2017 fiasco, a Georgetown professor named Fair, ironically enough, harassed white nationalist Richard Spencer while he was quietly working out, no Heil! gestures or anything, and the club revoked his membership.

(Remember: awful people. Do NOT let them get power.)

I wrote—and I’m sorry for such a long self-quote, but I think I wrote it well the first time:

I’m so weary of reading about restaurants that give discounts to diners who pray, and bar owners who declare that no Democrats are welcome and Maine propane dealers who tell their customers that they can freeze to death if they voted for Donald Trump. I’m tired of pointing out what should be obvious to everyone in a pluralistic society, but suddenly isn’t, particularly, it seems, to proto-totalitarians like the Georgetown professor, who is doubtless hard at work indoctrinating her young charges into believing that those with non-conforming views should have their rights taken away for the greater good. I detest Spencer’s views, but I consider Fair and her kind the far greater threat to the nation, in part because there are so many of them.

Why? She is a greater threat because her version of society doesn’t work, and soon devolves into armed camps. As I wrote in a post called, “Americans: End This Slippery Slope Now, Before It’s Too Late,” about a Washington, D.C. restaurant that publicly apologized for letting an alt-right group to eat there,

I know, I know: Neo-Nazis are really bad. Yet I don’t want my freedom to participate in life and society to be limited by someone else’s judgments about my beliefs or politics. Listen to the rhetoric from angry Clinton supporters since the election. If you want to enforce immigration laws, you hate Latinos. If you think the unborn deserve rights, you are a misogynist. If you voted for Trump, you are a blight on humanity. Thanks to the rhetoric of Black Lives Matters and the tacit approval of some well-placed politicians, police officers have been refused service in various establishments… The argument that this group or that group is special and doesn’t deserve the same courtesy and service as other groups is simply a rationalization born of bias, like… the position that the Vice President Elect, alone among all the millions of audience members who are allowed to attend theatrical performances as part of the community, ought to be subjected to personal harassment based on his political beliefs.

If we, as a culture,  approve of this abusive treatment of the alt-right, then we are approving similar treatment when the group being discriminated against is the Democratic Party, the ACLU, a mosque, the Shriners, the Boy Scouts, NARAL, or a newspaper editorial board. Rights mean nothing if the most unpopular, most controversial, most offensive individuals and organizations cannot exercise them….This is a slippery slope that leads right to the end of the principles and liberties that make the United States an ethical nation, and perhaps a nation at all.

Well, since I wrote that, self-righteous, proto-totalitarian progressives and “the resistance” have been greasing that slippery slope.

The Richmond bookstore owner’s effort isn’t enough by itself, but at least he demonstrated how to throw sand on it.

 

 

Morning Ethics Warm-Up, 5/24/2018: ‘Can’t We All Get Along? Nah…’ Edition

Good morning!

1. What? Negotiation competence? Boy, we haven’t seen THAT for a while. President Trump just pulled out of the scheduled summit with North Korea, a public lesson in Negotiation 101. If only Barack Obama had taken the Art of the Deal seminar before capitulating to Cuba and Iran. the letter the current elected President just sent to North Korea could not be more obvious in its devices, but I guarantee you that my negotiations professor at law school, Dean Adrian Fisher, one of the negotiators of the SALT treaty, would have approved. Here’s the letter, released this morning.

This is another ethics test, by the way. Take note of who criticizes the President for this, for they  will be revealing themselves as either reflex-Trrump haters or the kind of people used car dealers love to see walking in the door.

2. “A Nation of Assholes” update. It is now beyond dispute that the concept was right but that I badly misjudged the population that I thought would be primarily affected. My theory in the 2015 essay was that that having an ethics-challenged boor like Donald Trump as President would degrade the ethical standards of the public through the “rotting fish head” process: people follow the leader. Well, that has happened too, but the worst asshole transformation has beset progressives and “the resistance.,” as their behavior gets worse by the hour. Continue reading

Comment Of The Day: “Morning Ethics Warm-Up, 4/15/2018: Remember The Titanic And The Bay Of Pigs Edition”

I’m always up for a little United Nations bashing, as a good argument can be mounted that an organization that pretends to further the aims of world peace and international cooperation and does so incompetently, fecklessly and corruptly is worse than no such organizations at all. I’m also always up for pointing out that this much maligned President is so much more competent at international politics and foreign affairs than Barack Obama that his domestic foes can only deal with it by double standards and transparent dishonesty.

This is as good a time as any to mention that Ethics Alarms passed the 9000 post landmark this week, and those posts (over less than nine years) have sparked 222, 231 comments so far, at a steadily increasing rate. Say what you will about the blog: it doesn’t lack for content. Or diverse topics: at last count, there were 24, 393 tags. That’s a lot even if you allow for the misspelled ones.

Here is Steve-O-in NJ’s Syria bombing-inspired Comment of the Day on the post, Morning Ethics Warm-Up, 4/15/2018: Remember The Titanic And The Bay Of Pigs Edition:

The UN has been worthless by design from the get-go. Any institution that gives certain members an absolute veto over any action by that institution isn’t going to get anything done, especially when one of those members, the USSR and now Russia, is going to abuse that privilege. The institution as a whole is completely without a moral compass, and shows zero judgment or even consideration what nations it allows to sit on what committees. It’s a bad joke when Syria is about to sit on a committee concerning chemical weapons and Iran and North Korea can sit on committees regarding human rights. Other than Korea (because the USSR walked out), name one situation where the UN stepped in and took decisive action.

As for criticism of the President for finally taking action [in Syria], I think he actually did a pretty good job of fooling the media and probably others by making it look like he was backing off the immediacy of the attack to do some more coalition building with the allies and to let the USS Truman and its battle group get into position, which they should do in the next couple of days. Of course that led to a lot of talk about how this would just peter out, that Trump wasn’t going to enforce anything just like Obama didn’t and so forth. It turns out the coalition was already ready to go, and the forces in the area were plenty up to the task already. Maybe a dozen aircraft and five ships did the actual firing of weapons, including 30 missiles fired by the cruiser USS Monterey (a big reason to keep the Ticonderoga-class cruisers sailing).

I can understand some of the reactions. It’s just politics as usual, necessary action when your party’s President does something, but reckless or wrong or whatever when the other side’s President does it. There are a few principled peaceful people, who can be ignored, saying any use of force is wrong under any circumstances  and a few folks justifiably gun-shy because of the mess that Iraq became. Continue reading

Comment Of The Day: “Harassing McGruff: Oh-Oh…Am I Going Crazy?”

I’m going to post the whole ad at issue again, because it is an essential reference point for context:

My almost entirely serious post about the GEICO ad showing McGruff the Crime Dog being subjected to office harassment based on his appearance and species/race prompted more and more diverse commentary than I expected, and one slam-dunk Comment of the Day, by Zanshin, who has a record of deconstructing oddball Ethics Alarms posts.

Three points:

1. I was not aware that McGruff had starred in anti-bullying videos, and I doubt that any but a tiny fraction of the intended audience for the GEICO commercial is either,

2. Kudos to Zanshin for seeing a connection to The Jehovah Paradox, which I did not. It is not often that I am told that I don’t understand my own inventions, but he makes an excellent argument. I also need to add TJP to the Ethics Alarms list of concepts and special terms, which I had neglected to do.

3. I just saw the ad again, and it still feels to me like GEICO is making light of workplace racism, bullying and harassment, and

Here is Zanshin’s Comment of the Day on the post, Harassing McGruff: Oh-Oh…Am I Going Crazy?:

Jack asked, […] am I just seeing an ethics breach that isn’t there?

My answer, You saw only the unethical part in this commercial because you didn’t have the context to ‘see’ the ethical part in it.

tl/dr

1. McGruff is subjected to cruel bullying and office harassment.

2. Is that an ethics breach? No, not if one understands “The Jehovah Paradox”.

3. In the commercial McGruff doesn’t break character.

4. (At the minimal) the commercial doesn’t go against the teachings of McGruff.

5. The commercial makers should have done a better job in making the teachings of McGruff more explicit.
(But maybe couldn’t given intellectual property/licensing issues?)

Let me explain. Continue reading