Afternoon Ethics Warm-Up, 2/25/ 2019: Martina Navratilova A Gender Bigot? The Founding Fathers Nazis? Art Galleries Discriminating Against The Blind? WHAT’S HAPPENING?????

It would be a good afternoon if EVERYTHING WASN’T SPINNING OUT OF CONTROL!!!!

1. For the record, it appears that Facebook blocking Ethics Alarms posts has cost the site about 30% of its traffic. Mission accomplished, Thought Control Activists!

For now…

2. Did I call this, or what? In  October of 2017 I wrote about another example of tyranny by the disabled, when the Philadelphia-based 3rd U.S. Circuit Court of Appeals gave Paul McGann, who can neither see not hear, a chance to show that movie theaters must provide him with a “tactile interpreter” under the ADA.

No word yet on how Paul is faring, but last October I wrote about yet another example, as described in the New York Times:

…Eight suits have been filed in federal court in Manhattan over the past two weeks, most recently against Hofstra University on Long Island on Oct. 4. In each case, lawyers for Emanuel Delacruz, who is blind, charged that the college’s website is inaccessible to their plaintiff and therefore in violation of the Americans With Disabilities Act.

The filings are part of a growing number of actions involving accessibility and the internet.….Since January 2015, at least 751 lawsuits have been filed over the issue. The vast majority have focused on retailers and restaurants, according to a legal blog that tracks such suits… another website, which includes not only lawsuits but also government investigations into web or technological accessibility, lists 37 schools that have been accused of noncompliance with disability law.

I wrote, in part,

Next? Law suits against art museums for not having audio descriptions of every work exhibited. Law suits against sports stadiums, alleging that the ADA mandates play-by-play being blasted from the ballpark speakers. Then, I suppose, lawsuits against the world for not making being blind a pleasure.

From the Times last week:

“On Dec. 13, a blind Manhattan resident named Henry Tucker filed federal lawsuits against 10 art galleries, saying their websites were not accessible to people who could not see. The galleries’ names included Adam Baumgold Fine Art, Adelson, Agora, Albertz Benda and Acquavella. The next day, Mr. Tucker and his attorneys moved on to the B’s.”

Continue reading

Ethics Observations On The Amazon-NYC Blow-Up

Amazon shocked the Big Apple yesterday by announcing that it was cancelling plans for a corporate “campus,” aka.headquarters, in Queens. Gov. Andrew Cuomo and Mayor Bill de Blasio had promoted the deal, which would have given Amazon $3 billion in tax breaks in exchange for bringing Big Tech to the city and creating an estimated 25,000 jobs, among other benefits.  Anti-corporate and neighborhood activists, however, including elected officials like Representative Alexandria Ocasio-Cortez, led opposition to the arrangement, based substantially on the objection to “corporate welfare” to one of the richest companies on Earth. Now Democrats are pointing fingers at each other, and everyone’s mad at Amazon.

At its core, this fiasco is an ethics conflict, with the absolutist ideals of rigid ideology opposing the ethics of the real world.

Amazon: The company is both popular and flush. It can literally take its business anywhere, and many communities will pay for the privilege. The company did nothing unethical in seeking the most advantageous deal it could get. Large employers help a community’s economy. Because they have many choices, it makes sense for them to shop around. It is not unethical to ask for a tax break to choose a city like New York, and it is not even unethical to demand such a break. It is certainly not unethical to accept one, and similarly, not unethical to reject such a deal because, as an Amazon spokesperson said yesterday, Looking at the opposition and the timeline we decided we don’t want to work in this environment in the long term.” Amazon “became increasingly concerned that the backlash in New York showed no sign of abating and was tarnishing its image beyond the city,” J. David Goodman wrote in the New York Times.

It’s their money, their business, their decision. Amazon is not a public charity, nor is it obligated to behave like one. Continue reading

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading

Comment Of The Day: “Given The Opportunity And The Power, Blacks Will Discriminate Against Whites…I Recommend “In The Heat OF The Night”….”

Once again, a Friday yielded multiple “Comments of the Day.” I’ve noticed this trend for some time, and have no explanation for it, but I am grateful nonetheless.

Here is Isaac’s latest Comment of the Day on the post,Given The Opportunity And The Power, Blacks Will Discriminate Against Whites, Women Will Discriminate Against Men, Gays Will Discriminate Against Straights, And Liberals Will Discriminate Against Conservatives, Because That’s What Human Beings Tend To Do. Now What? I Recommend “In The Heat Of The Night”….

What with the current generation being famously ignorant about just about everything and all, it’s a shame they don’t know much about the Rwandan genocide (there are countless similar tales throughout history, but Rwanda was only 25 years ago and you’d think it’d be fresh in everyone’s mind.) The oppressed can very easily, and very quickly become the oppressors.

The Hutu were every bit the marginalized, persecuted victims. Exploited for labor by Europeans for generations, forced to obey and serve the fairer-skinned, wealthier Tutsi minority. Treated as second-class citizens. Gradually discrimination against them became illegal and the Hutu gained equal rights, and protection against discrimination. The Belgians had cleared out and the Hutu and Tutsi had a chance to treat one another as equals, share the country, and put the past behind them, which the Tutsi were for the most part willing to do. The laws were in place, there was a shared government with a Hutu majority, and the stage was set for reconciliation, but the Hutu were still, on the whole, poorer and less educated by the Tutsi. There was intense resentment among them, constant dredging up of the past, and an unwillingness to wait until time and intermingling evened things out economically. And of course, politicians and media-types willing to stir up the racial enmity for their own selfish reasons. Sounds awfully familiar. Continue reading

Given The Opportunity And The Power, Blacks Will Discriminate Against Whites, Women Will Discriminate Against Men, Gays Will Discriminate Against Straights, And Liberals Will Discriminate Against Conservatives, Because That’s What Human Beings Tend To Do. Now What? I Recommend “In The Heat OF The Night”….

I’ve been meaning to write about this for a long time, at least since February, when professional women’s basketball star Candace Wiggins, who retired from the WNBA last year after eight seasons in the league, told  reporters that she was bullied and harassed during her career because she was not gay.

“Me being heterosexual and straight and being vocal in my identity as a straight woman was huge,” Wiggins said. “I would say 98 percent of the women in the WNBA are gay women. It was a conformist type of place. There was a whole different set of rules they [the other players] could apply.” She says it drove her out of the league and the game. The WNBA denied her allegations, and the story wasn’t around very long.  Gays don’t bully, they ARE bullied! Then, this week, ThinkProgress reported that a former University of Southern California point guard, Camille LeNoir, alleged she was denied an assistant coaching job in the New Mexico State University athletic department because she had the “wrong” sexual orientation.  She claims that she had a firm job offer when the school thought she was a lesbian, but when she announced that she no longer regarded herself as gay, the offer was rescinded. This week, a federal judge in California decided to allow her discrimination case to advance.

I don’t know whether the perceptions of either Wiggins or LeNoir are accurate, but I don’t doubt that the kind of bullying and prejudice they describe goes on. There have been similar accounts in other women’s sports, like tennis and golf. Yes, it appears that unlike the male side (with the exception of men’s figure skating), gay women dominate many if not all women’s sports. I will eschew writing something arch like, “Who would have suspected?” in favor of the more direct, “This should come as no surprise, but saying so will offend feminists, female athletes and lesbians anyway.”

One would think that when a historically oppressed and discriminated-against group gains power or perceives that it has power, it would behave toward others as it wishes it had been treated during all those years of being marginalized. Alas, the opposite is usually the case, and most of the time. In one of my worlds, professional theater, gay men dominate, and there are theaters that have the reputation of actively discriminating against straight actors. Hollywood, of course has become a workplace where being revealed as a conservative is to face virtual blacklisting. Give a minority power, and as often as not, what emerges are bullies and bigots. Continue reading

McDonald’s And The Blind Man: Why Law Is A Lousy Substitute For Ethics

mcdonalds drive-thru

Thirty-five-year-old Scott Magee is blind, and he resents the fact that McDonald’s has a policy denying walk-up customers at the  drive-through window at his local Louisiana Mickey D’s, as well as everywhere else.  The policy, let us stipulate, is objectively reasonable. McDonald’s has a right to designate a window for drive-through customers and to choose not to offer a walk-up service like Dairy Queens. (Come to think of it, I don’t know that DQ has that any more. Does it?)  It also has a right not to subject itself and its drive-though customers to liability for inadvertently hitting stoned fools who stumble over to the window late at night seeking munchies.

Magee and his Jackie Chiles-emulating New Orleans lawyer, however, are suing the burger chain, arguing that its refusal to accommodate non-drivers who are blind is a violation of the Americans with Disabilities Act.

Now a class-action lawsuit, filed last week  in Chicago’s federal court, alleges that McDonald’s has no “concern whatsoever for the accessibility of the late-night drive-thrus to the disabled.”

Oh, thank-you, George H.W Bush!* The ADA has always been an overly broad and mischievous law that endorses and enables the tyranny of the minority. I have often wondered how often all those wheelchair lifts the law forced financially strapped public transportation departments to install in their buses have been used, and what the cost per use is. I am certain it would have been far cheaper for the cities to just pay for cabs to drive the handicapped commuters door to door, but that would have stigmatized them.

Bush caved to the lobbying for  cultural acceptance of the very debatable concept that citizens have a right to force others, including the government, to solve all of their individual problems, and the cost to the rest of society just doesn’t matter. That idea, a really bad one and a slippery slope to boot, has taken hold with a vengeance, the most prominent recent example being the theory that because less than 1% of the humanity faces a dilemma when choosing which bathroom to use, the rest of the public must forego the comforting privacy of gender-segregated bathrooms and dressing rooms. All girls should learn to be comfortable looking at male genitalia, that’s all, says the Charlotte Observer. How did we reach teh absurd point where that proposition can be seen as more reasonable, equitable and  fair than asking transgender Americans  to endure the occasional discomfort of using the “wrong” bathroom so his or her fellow citizens are comfortable? Why is it preferable to launch a divisive and nasty cultural and legal battle over the issue?

Unless Magee’s case gets thrown out of court, and don’t bet on it, all fast food restaurants will be forced to set up and staff walk-up windows, eliminate drive-up windows, or close down their drive-through service when inside service is shut down for the night. (If Scott can’t have that convenience, no one should.) Either over-head will rise for all fast food chains, causing job losses and higher prices, or everybody will lose the convenience of after-hours drive-up service because there is no safe, reasonable, affordable policy that will satisfy Mr. Scott Magee ‘s late night cravings for McNuggets.

Yes, it would have been nice, and ethical, if the owner of the McDonald’s in question played a little ethics chess and worked out a quiet, compassionate way to make Scott feel loved and catered to. It would have been worth it to agree to just deliver Scott whatever he wanted when the munchies struck, even giving him a special number to call. It would also have been ethical–responsible, considerate, fair, proportional—if Scott just planned ahead and got his Big Mac before the place closed it’s doors. A little mutual consideration and flexibility, some sacrifice and concern for others, a willingness to see things from the other side’s perspective, and this could have been avoided. Instead, jobs may be lost, a convenient service may be sacrificed, prices will rise, business will be lost, and all because one blind man feels that the whole world should adapt to his needs, and not the other way around.

Yes, thanks Papa Bush!

Thanks, McDonalds!

And a special thanks to Scott Magee.

I sure hope he enjoys his burger.

It’s going to cost enough.

*In a moment of momentary amnesia and stupidity, I wrongly blamed the ADA on President Carter. I apologize to Jimmy, though I’m certain he was a supporter.  It’s still an overly broad, ethically muddled, pandering law.

Sign Language Interpreter Ethics Epilogue: “A Christmas Carol”

Gavin Alvedy rehearses a scene from the Downriver Youth Performing Arts Center's "Miracle on 34th Street" as DYPAC alum Emily Zaleski signs alongside him. Zaleski, who grew up performing on DYPAC’s stage, now is a certified American Sign Language interpreter with Synergy on Stage and will interpret during the Dec. 8 performance.

Sign language interpreters and their advocates descended on Ethics Alarms in indignation aftert  my March post about “showboating sign language interpreters for deaf audience members.” It took until December for my commentary to reach this passionate interest group, but when it did, I was called many names, including “ablist,” and had to put up with comments like this one from the ironically named “Danny Who Knows About Stuff”:

I would take this “ethics” person seriously if he/she seemed to know anything about the ethics that guide sign language interpreting. And, I suppose it would be helpful if the person understood anything about linguistics, sign language, Deaf culture, or audience response theory. This article is more about the individual than than the issue. In short, this person is no more an ethicist that is Donald Trump.

How I love the quote around “ethics.”

Danny was pretty typical. See, I don’t need to know about any of Danny’s “stuff” as a director of a play or musical. All I need to know is whether a feature of the performance detracts from it by foiling the focus that the staging was designed to facilitate. Every competent director knows that. The needs of the signer and the signer’s much, much smaller audience cannot be permitted to wag the dog, or make the dog trip on its tongue.  or perish of neglect.

“Danny Who Knows About Stuff” became “Danny Who Is Banned From Ethics Alarms,” in case you didn’t guess.

If I had already experienced what I experienced yesterday with a “professional” signer, that March post would have been much tougher. I directed an staged reading of “A Christmas Carol” with a cast of 30 terrific actors for a single free performance for D.C.’s Martin Luther King Library, and was told that the library would be sending a signer. Now, a signer for your usual staged reading is like having a signer for an oil painting. It makes no sense. In readings, the actors mostly read. Presumably the deaf can read “A Christmas Carol” themselves. You could say they would want to see the performers, but  in readings the performers’ acting mostly consists of vocal expression, which the deaf audience can’t hear, and facial expressions, which they won’t see if they are watching the signer. As it happens, I don’t do staged readings like that; there is a lot of movement and staging, so a signer makes some sense.

But they didn’t know how I would stage it.

By the time we got to the final rehearsal, I had forgotten about the alleged signer, who was supposed to at least attend one rehearsal so I could fit her onto the stage where she would be seen and not get in the way. She arrived, for the first time, 15 minutes before the performance, and immediately announced that she didn’t know whether she would be signing or not.  That’s helpful. She also complained that the script was very well adapted for signing (Why, thank-you!) and that the show, at 90 minutes, was impossibly long for a single signer to do: she was waiting to see if a second signer was coming, as she had assumed. Now, nobody warned me that I had to make room for two signers in the small performing space, neither of whom would deign to attend a rehearsal. ( Her complaint about length was also nonsense. I have had single signers for many shows longer than 90 minutes, and they didn’t collapse from exhaustion or finger cramps.) Continue reading

Sign Language Interpreter Ethics

Let’s see, I haven’t gotten disability advocates angry at me in a while. It might be time.

Jonathan Turley posted the video above in a blog post titled “You Decide: Which Is The Greater Draw – The Singer Or The Signer?” The title, and especially the video, reminded me of a live entertainment phenomenon that has annoyed me for decades. I had forgotten about it, because producers learned long ago that I wouldn’t tolerate it in shows I was involved in. The ethics issue: showboating sign language interpreters for deaf audience members.

I have no objection to having signers at special performances of live stage presentations, as long as those signers understand their purpose and obligation. Their purpose is to communicate the words to hearing-impaired audience members. Their obligation is to do so as unobtrusively as possible, so as not to draw focus from the performance itself, or  interfere with the integrity of the production.

Unfortunately, a large percentage of the sign language interpreters who specialize in signing plays and operas don’t see their job this way. They think they are supposed to be as flamboyant–that is, obtrusive–and demonstrative as possible. Well, they’re not going to do that in one of my shows.

I’m not going to work over a grueling six week rehearsal schedule to perfect audience focus, the arc of the show, the lighting, sound, stage picture and all the other artistic elements that need to be coordinated to fully realize a work of live performance art  only to have someone show up who I have never seen before and improvise his or her own act in competition with the performance on stage. If I thought it would enhance “A Steetcar Named Desire” or “The Music Man” to have Marcel Marceau or Red Skelton jumping around and waving their arms next to the performers, I would have staged the shows that way. Continue reading