New Mexico

Now THIS Is An Unethical Lawsuit!

/ Jack Marshall / 23 Comments

chuck.chuck_

A New Mexico appeals court has refused to overturn the summary judgment dismissal  of Arthur Firstenburg’s five-year-old lawsuit against his neighbor Raphaela Monribot, whom he had accused of causing him excruciating pain and discomfort by using her iPhone, a Wi-Fi connection, dimmer switches, and other electronic devices in her own home. Firstenburg says that he suffers from electromagnetic sensitivity, or EMS, an acute sensitivity to electronic radiation that doctors and and scientists almost unanimously (but not quite) believe doesn’t exist.

Because Monribot had the misfortune to live next door to this guy, she had to defend against a $1.43 million lawsuit that has racked up court costs of over $85,000, and heaven knows what in legal fees. Firstenburg is not paying for any of it because he is broke; his lawyer, Lindsay Lovejoy, had taken the case on a contingent fee basis. She decided the appeal was a lost cause: the plaintiff handled it himself.

This case will, I assume, become the new poster child for those favoring a “loser pays” system, a bad idea that would be godsend in abuses of the system like this one. Continue reading →

Wait–What Idiot Thought We Wanted A Sequel To The Idaho Walmart Shooting?

/ Jack Marshall / 24 Comments
Does this graphic look familiar? It should: I used it only a month ago, and for the exact same reason.

Does this graphic look familiar? It should: I used it only a month ago, and for the exact same reason.

From the Washington Post:

“A toddler reaching for an iPod in his mother’s purse grabbed a loaded gun instead before shooting both his parents in an Albuquerque motel room on Saturday, according to news reports. Police said the bullet hit the father in the buttock and the mother, who is eight months pregnant, in her right shoulder, but did not strike a 2-year-old child who was also in the room, according to Fox News.”

Gee, I guess Monique Villescas and John Reynolds, the lucky parents in this near tragedy, were so amused at the death of Veronica Jean Rutledge at the hands of her toddler that they just couldn’t resist trying the old “let’s leave a loaded gun where a small child can reach it” trick themselves. Or, I suppose, they might just be irresponsible fools.

Observations:

1. Two of these incidents in a little more than a month ?! What are the odds that Rutledge and these boobs were the only Americans leaving loaded guns within the reach of young children? Continue reading →

Your National Hispanic Heritage Month Assignment: Remember The Amazing Elfago Baca (February 10, 1865 – August 27, 1945)

/ Jack Marshall / 25 Comments

Baca statue

As frequent readers of Ethics Alarms know, I fervently believe that history is important, and that we all have a duty to remember and honor the remarkable Americans who have gone before us, their exploits, triumphs, struggles and achievements, both for our sakes—for we can learn much from them—and theirs. I am constantly discouraged by the inspirational stories and fascinating historical figures who have nearly been forgotten. The schools don’t teach our children about them, and popular culture ignores them. This weakens the flavor and the power of our shared culture: it is wrong, that’s all.

Today, as I realized we were in the midst of National Hispanic Heritage Month ( September 15-October 15), I want to do my part to help keep alive the name and the story of a Mexican-American who may have faded from memory because the events of his life seem more fictional than real. Indeed, for most of my life, until a couple of years ago, I thought Elfago Baca was a creation of Walt Disney’s creative staff, who wrote a ten episode mini-series about him called “The Nine Lives of Elfago Baca” for the “Disneyland” show (“Now…from Frontierland!”) in 1958. I loved that series, but it never occurred to me that the series’ tales of a gunslinging, lawyer-sheriff in Old New Mexico could possibly have any connection to reality.

But they did. The real Elfago was, if anything, even more improbable than his fictionalized counterpart, portrayed by a very young and athletic Robert Loggia, who is best known as the toy magnate who plays “Chopsticks” on the giant keyboard with Tom Hanks in “Big.” Continue reading →

Ethical Quote Of The Month: Justice Richard Bossun of The New Mexico Supreme Court

/ Jack Marshall / 80 Comments

First-Amendment-on-scroll1

[The quote that follows is from the concurring opinion in the just-decided case of  Elaine Photography v. Willock, which challenged the proposition, discussed and endorsed on Ethics Alarms in several posts, that a business could not and ethically should not refuse service to same-sex couples.]

“On a larger scale, this case provokes reflection on what this nation is all about, its promise of fairness, liberty, equality of opportunity, and justice. At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less. The Huguenins are free to think, to say, to believe, as they wish; they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life.

“In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world.”

——- New Mexico Supreme Court Justice Bossun, concurring with opinion in Elaine Photography v. Willock, which rejected the claim that legally requiring a photography shop to take photographs of a same-sex marriage was a violation of the First Amendment.

You can read the Volokh Conspiracy take on the case here, and here; Ken White has his usual trenchant observations at Popehat.

From an ethics perspective, however, Justice Bossuns’s words need no enhancement. I could not agree more, nor say it better.

______________________________

Graphic: Illinois Family

 

New Mexico Abortion Wars: Yes, It’s A Terrible Law, But Not A Terribly Unethical One

/ Jack Marshall / 50 Comments
Paving the road to hell? New Mexico lawmaker Cathrynn Brown

Paving the road to hell? New Mexico lawmaker Cathrynn Brown

My friend (and Ethics Alarms Ethics Blogger of the Year) Rick Jones went full-Django on New Mexico State Legislator  Cathrynn Brown for her proposed, now withdrawn, measure forbidding women who are pregnant as the result of incest or rape from getting an abortion on the theory that it constitutes “destruction of evidence.” The attempt launched Rick into rare form:

“Every once in a while someone mixes up a cocktail of such mind-melting stupidity, monumental inconsistency, and transcendent arrogance that there is little for the rest of us to do but drop everything and gaze in slack-jawed wonderment at the inanity before us. Behold, therefore, one Cathrynn Brown (right), a New Mexico legislator whose latest bill rockets off the scale, leaving “moronic” and “horrific” as feeble understatements of the idiocy involved.”

Whoa, Nelly!

Let’s calm ourselves and consider, shall we? Continue reading →

Jack’s Anti-Political Correctness, Political Bloodsport and Contrived Offense Crusade: Progress Report

/ Jack Marshall / 20 Comments

As I noted earlier, I am in New Mexico talking to journalists here about the Pat Rogers affair. You can sample one of the fruits of my labors here, a story in the Santa Fe New Mexican. It’s pretty accurate, as press interviews go, though the last quote was botched. I didn’t say that I was a “Greek American conservative Democrat with an anti-war war hero father,” but that my diverse views were the product of “a Greek American conservative Democrat mother and  an anti-war war hero father.” [ UPDATE: This has been corrected.]

If you’ve missed the various posts on this issue, you can find them here, here and here.

One odd note: during my meeting with several reporters from the paper, one of them suggested that making a joke about Custer’s Last Stand was like making a joke about the Holocaust. I let it pass, but the comment seems bizarre to me. Custer, after all, got himself and his men killed, and it was his opposition that was the object of genocide, not the cavalry. Why would ridiculing Custer offend Native Americans?

Putting My Mouth Where My Blog Is

/ Jack Marshall / 15 Comments

I’m on the way to New Mexico today, to speak to the news media there and to try to build some consensus—New Mexico is as good a place to start as any—that using faux indignation over manufactured political correctness offenses is no way to run a political system, community, society or culture. It is, in fact, a cynical and despicable practice  used by special interest groups and unscrupulous politicians to stifle legitimate debate, or, as in the case that inspired my trip, to unfairly tar the character and reputation of a political adversary. The victim in the New Mexico incident was attorney Pat Rogers, who saw his obviously satirical e-mail intentionally twisted by partisan foes who almost certainly knew its real meaning into being represented in the press as a gratuitous racist slur—which it was not. I wrote about this here, and a similar incident, with parties reversed in Washington state, here.

What am I going to tell the various interviews and reporters I speak with over the next few days? I will tell them that political blood sport has got to stop. That the effort to discredit political positions by seeking ways to demonize their advocates is unethical and wrong. That contrived accusations of racism (or sexism, homophobia, or any other form of bigotry) should not be aided and abetted by the media or tolerated by the public. I will also assert that political warriors on the right or left who intentionally choose to misinterpret innocent expressions of irony, satire or humor as racist attacks both diminish the charge of true bigotry when it is justified, and expose themselves as polluters of our culture and national cohesion.

I don’t know Pat Rogers well; we have only met once. But I know who he represents: those who have been harmed as collateral damage in a hyper-partisan environment encouraged by Washington, D.C. and cheered on by the vilest members of the blogosphere, to the detriment of our sense of community, decency, and trust. My efforts, whatever they are, will be modest at best, and, in all likelihood, inconsequential. But you never know.

Wish me luck.

Real Life Bullying That Matters: The Persecution of Pat Rogers

/ Jack Marshall / 10 Comments

Pat Rogers: prey.

Make no mistake about it, the word for what happened to New Mexico attorney Pat Rogers is bullying. Politicians, pundits and the public like to pontificate against bullying when it involves children, and are even willing to compromise basic First Amendment rights, so outraged are they over abuses of power that victimize kids. When it comes to the bullying of adults, however—good adults, innocent adults, adults who have done nothing to justify vicious efforts to crush them out of pure animus and nothing more—these supposed champions of fairness are as likely as not to side with the bullies.

This sickening hypocrisy is on display now in the persecution of New Mexico lawyer Pat Rogers in the ethics train wreck I first described here.  Rogers, whose first offense appears to be that he is a Republican, bared his throat to his attackers by sending an obviously satirical e-mail on the occasion of Governor Susan Martinez, whom he supports, participating in a state Native-American tribal summit. His jocular e-mail went to members of her staff with whom he had worked and who know him, and read, “Quislings, French surrender monkeys. … The state is going to hell. Col. Weh would not have dishonored Col. Custer in this manner.” Continue reading →

E-Mail Ethics Train Wreck in New Mexico

/ Jack Marshall / 8 Comments

This is how things spin out of control.

This really has nothing to do with anything.

In New Mexico, Gov. Susanna Martinez, a Republican, attended a summit of the tribal leaders in the state. For reasons known only to himself, this inspired Pat Rogers, a member of the Republican National Committee and a partner at the prestigious law firm Modrall Sperling, to send a bizarre e-mail to Gov. Martinez’s staff that read,

“Quislings, French surrender monkeys. … The state is going to hell. Col. Weh would not have dishonored Col. Custer in this manner.”

Quisling was the Nazi puppet head of Norway during World War II, and his name has become a term for “traitor.” “French surrender monkeys” is a quote from “The Simpsons.” Col. Weh, a Marine, was Martinez’s opposition in the GOP primary for governor. Taking all of this together along with the fact that this was New Mexico, Custer’s last stand was in what is now Montana, and occurred in 1876, I think it is obvious that Rogers intended the e-mail as a joke, a tongue in cheek remark satirizing the kind of wacky complaints that a Republican Governor probably gets on a regular basis. Either it was a joke, or Rogers is insane. I don’t think he’s insane. Continue reading →

Three Tales of Ethics-Free Horror in American Schools

/ Jack Marshall / 22 Comments

Common sense-free, too!

Today we have three tales to drive you to private school, home school, or to move to Bolivia. The first poses a challenge for readers who object to “The Naked Teacher Principle.” I call it…

“The Porn Star Teacher Corollary”

In Oxnard, California, rumors were flying at Richard B. Haydock Intermediate School that one of the teachers could be seen in at least one porn film. Eventually other teachers  came forward and showed administrators an X-rated video on a smartphone that appeared to confirm  that the educator, who teaches science to seventh- and eighth-graders, was moonlighting in the pornography industry. She is on leave, and don’t bet that the teachers union won’t fight to protect her job. Meanwhile, the school district decided to make certain that as many kinds as possible would find Miss Brooks doing God knows what online, by sending this message to parents:

“It has been alleged that one of our teachers is depicted in at least one pornographic video and possibly others on the Internet. These allegations do not involve any Oxnard School District students… We are asking teachers to discourage the children from searching for and/or visiting these inappropriate sites. We ask that you be particularly vigilant over the next few days with respect to the Internet content being accessed by your child on his or her telephone or other Internet-ready device.”

Yeah, that should work.

Oh, I almost forgot. What is “The Porn Star Teacher Corollary”? It’s simple, really: “If you are or were a porn star, don’t teach in secondary school. If you teach in secondary school, don’t start making make porn films…whether you’re naked in them or not.”

The next two horrific sagas show school sensitivity at its rock bottom worst. First we have…

“Mother’s Day”

The Wingate Elementary School in Gallup, New Mexico discovered that 15-year-old student Shantelle Hicks was pregnant, so it kicked her out. This a school cannot do in 2012, and when a terse letter from the ACLU got her back into the 8th grade, the administrators had to get creative about how they would deal with this bad apple corrupting the good students. Two weeks after her readmission, they forced Shantelle to stand up in a  school assembly and announce her condition.  She says that until then, none of her classmates knew.  After that, according to her law suit, school officials told Hicks she was a detriment to her school mates, and requested she attend another school.

You just can’t train school administrators to come up with solutions like this.

It has to be an innate talent.

Finally, we have a chiller about another school that is alien to the concept of fairness, which I have dubbed, cheaply but appropriately,

“What??”

St. Scholastica High School in Chicago expelled a senior for disciplinary problems that included not listening to her teachers, ignoring directions, and failing to respond to requests.

“This pattern of poor behavioral performance is an indication to us that she is unable to meet our behavioral standards,” Principal Colleen J. Brewer wrote in the girl’s expulsion letter.

You guessed it! The girl is deaf. She has hearing aids in both ears. A doctor who examined her found that her hearing problems were “severe enough that, even with hearing aids (it would) affect her ability to not only appreciate the spoken word but also nuances and interpretation of speech. This may lead to an attempt on her part to react to her on interpretation of a communication without realizing she is misinterpreting part or all of a conversation.”

And yes, there is another law suit here as well. Law suits, however, at best only get money for the damage done by teacher and school administrator incompetence. The damage to the children involved may never be repaired.