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8/19/2019 Muskegon County FOIA
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MUSKEGON COUNTY
MICHIGAN
REQUEST FOR INFORMATION
(FOIA Form
#010)
County Department or Office Request Submitted to:
ate:
Requestor Information: Name
Address
City
State/Zip
Telephone
E-Mail/Fax
Please print a
brief
description
of
information desired:*
The County
may
respond with an estimated fee
or
other appropriate response.
--See Fee Schedule
on
Page
Requestor's Acknowledgment
o I hereby request a copy of the above information
and
agree to pay the charges. If the fee
exceeds $50, a deposit of of the estimated fee will be required before response.
o I hereby request the above information, claim to
be
indigent** and request a waiver of the
first $20 of the above charges.
Requestor's Signature
' If
you
require assistance with writing or translating, please contact the FOIA Officer, Administrator's Office, 990 Terrace Street,
Muskegon, M 49442.
Persons claiming to
be
indigent must submit
an
Affidavit of Indigency stating that they are receiving public assistance or facts showing
inability to pay the full cost.
County of Muskegon FOIA Policy: Req uest for Information Form #010
March 16, 2016Administration / Corporate Counsel / All
Eric C. Grimm, PLLC
1330 West Summit Avenue; P.O. Box 41
Muskegon
Michigan 49443-0041
734.717.4900
[email protected] / 888.502.1291
Please see attached letter and attachments (esp. pages 5-6 of letter).
X I hereby request inspection and copying of the public records requested in the attached letter.
Specifically, look for yellow highlighter.
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ERIC C. GRIMM, PLLCBespoke. Legal. Services.
Muskegon, MI 49443-0041
734.332.4900
March 16, 2016Eric C. GrimmAdmitted to Practice:
Texas 1993*
District of Columbia 1995
Michigan 1998
Freedom of Information Act Coordinator
County of Muskegon
990 Terrace Street; Fourth Floor
Muskegon, MI 49440
Re: Request for Public Records – Event in Taxpayer-Supported Courthouse.
Dear Coordinator:
This is a request for public records under Michigan’s Freedom of Information Act,
Act 442 of 1976, as amended, MCL 15.231 - 15.246 (“FOIA”). Please be advised that the
Michigan Supreme Court has determined that the principles and procedures set forth in
Vaughn v. Rosen, 157 US. App. D.C. 340, 346-48; 484 F.2d 820 (D. C. Cir. 1973), and Ray
v. Turner, 190 U.S. App. D.C. 290; 587 F.2d 1187 (D. C. Cir. 1978), apply when FOIA
requests are made to public bodies in Michigan. Evening News Ass’n v. City of Troy, 339
N.W.2d 421, 417 Mich. 481 (1983).
Under MCL 15.234(2), as recently amended, “A search for a public record may be
conducted or copies of public records may be furnished without charge or at a reduced charge
if the public body determines that a waiver or reduction of the fee is in the public interest
because searching for or furnishing copies of the public record can be considered as primarily
benefit[t]ing the general public.” The requestor’s personal concerns about the subject of this
FOIA request were expressed the day after the event in question, in a personal meeting with
the Hon. Raymond J. Kostrzewa, in Judge Kostrzewa’s office. The purpose of this FOIA
request is for the benefit of the general public – because a public discussion is needed and
overdue in Muskegon County and elsewhere in West Michigan about religious equality andnon-discrimination, including the need for public officials (especially judges) to support,
protect, uphold and defend the First Amendment and Article VI of the U.S. CONSTITUTION
(the “no religious tests” clause), as well as principles of the MICHIGAN CONSTITUTION.
*Membership in State Bar of Texas inactive, but in good standing. Must re-activate license to accept client matters in Texas.
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 2
Whatever personal benefit the requestor may derive directly or indirectly from havingthis public conversation, that obviously is vastly eclipsed both by the negative backlash – in
West Michigan, at least – that inevitably accompanies having the courage to speak up about
such a subject, and also by the positive impact of such a public conversation on people other
than the requestor (a/k/a “positive externalities”). The public interest in ascertaining and
publicizing the facts, in as accurate a form as possible (so the public can see and consider the
event for themselves) should be apparent from prior coverage in local media relating to other
sectarian religious exercises conducted in taxpayer-supported locations within this county:
• http://www.mlive.com/news/muskegon/index.ssf/2010/11/roosevelt_park_p
roactively_stu.html
• http://www.mlive.com/news/muskegon/index.ssf/2010/12/roosevelt_park_c
ity_council_ap.html
• http://www.mlive.com/news/muskegon/index.ssf/2015/04/request_to_recog
nize_national.html
Local television also covered the issue of whether public officials are required strictly
to follow and apply the law in a non-discriminatory manner, or whether (like the County
Clerk in Rowan County, Kentucky) they instead are obligated (or even permitted) to elevate personal opinions about what they personally deem to be “God’s law,” above their
governmental duties to apply the law impartially and not to discriminate:
• http://legacy.wzzm13.com/story/news/local/muskegon/2015/09/09/muskego
n-county-clerk-on-kim-davis/71975026/
Accordingly, this letter specifically requests that the County Board waive all fees related to
this FOIA request, and also make the same information available to local media, including
but not limited to the Norton Examiner, Legal News, MLive, television stations in Grand
Rapids, Allendale and Kalamazoo, Digital Spectrum Enterprises, the White Lake Beacon,
the Muskegon Tribune, and others.
Muskegon County previously has received a summary from the American Civil
Liberties Union about the law governing fees for FOIA requests – including the improper use
of economic overcharging strategies to thwart proper transparency and accountability for
local government, government officials, and their activities. More general, nationwide,
concerns about government transparency and accountability happen to be especially acute
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 3
in 2016, in Michigan. See Center for Public Integrity, Michigan gets F grade in 2015 State In tegr i t y I nv es t iga t ion : An Honor sys tem wi th no honor , <
http://www.publicintegrity.org/2015/11/09/18427/michigan-gets-f-grade-2015-state-integ
rity-investigation > (Nov. 9, 2015); Mark Brush & Rick Pluta, Where does Michigan rank
in a “State Integrity Investigation”? Dead last , MICHIGAN R ADIO (Nov. 9, 2015), <
http://michiganradio.org/post/where-does-michigan-rank-state-integrity-investigation-dea
d-last >. The statute, MCL 15.234, was amended, effective July 1, 2015 – more recently than
the proposed fee schedule that I was given last week, when I requested a copy of the
County’s standard FOIA form. Accordingly, please refer to the ACLU law summary, and
the revised statute, in lieu of your proposed fee schedule.
MCL 15.234(3) is of particular interest, in this context.
Next, I would also respectfully ask that the County and its legal counsel, as well as
the Board of Commissioners, remain mindful of the views expressed by the Hon. William
Marietti from the bench, during the recent case of Michigan Commerce Bank v. City of
Norton Shores, that the mere presence of records in the files of corporate counsel for a
municipality (such as Norton Shores or the County of Muskegon) – even if such records have
been transferred exclusively to the lawyer’s premises – does not exempt them from the
transparency requirements of FOIA and other laws.
Attached to this letter (Item One) is an article from the LEGAL NEWS about a
ceremony conducted in a taxpayer-funded courtroom on the sixth floor of the Muskegon
County Building. Had the event been held in a private, rented, room (indeed, a subsequent
private event at Fricano’s restaurant was held that same day– but without the pomp and
trappings of governmental power on display), or in a church, my concerns may well not have
been so pronounced. The event in the taxpayers’ courtroom started during working hours.
Surprisingly, not only did the news media fail to report on the obvious irregularities
in the courthouse that day, but not a single one of the judges in attendance went public to
seek to remedy the violations of the U.S. and Michigan Constitutions that occurred that day.
As this year’s Best Picture at the Academy Awards (Spotlight) capably dramatizes –
it is precisely when entire communities lack anyone with the courage to speak up about
abusive, illegal practices, that abuse flourishes and multiplies.
The event on the sixth floor of the courthouse was attended by several judges and
former judges – many of them dressed in robes. Of course, no contested case was heard that
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 4
day – at least, none was heard afer the start-time of the event. It is possible, according tostatute and precedent, to act “under color of state law” – i.e., exercising apparent
governmental authority – even when one’s behavior unquestionably violates the law. See
42 U.S.C. §§ 1983, 1985. Persons who happen to hold judicial office, also often act in non-
judicial, non-adjudicative capacities. E.g., Nuno Garoupa & Tom Ginsburg, Judicial Roles
in Nonjudicial Functions, U NIVERSITY OF CHICAGO LAW SCHOOL, CHICAGO U NBOUND
(2014) (identifying no fewer than nine (9) categories of functions performed by persons who
are judges, other than judicial or quasi-judicial functions). For instance, a judge who serves
in an administrative capacity, is not subject to the same immunities and protections of a judge
presiding over a contested case. Forrester v. White, 484 U.S. 219 (1988).
A person (especially a retired one) sitting a room with a robe, purely for ceremonial
purposes, and not to carry out any judicial function, obviously cannot qualify as “the
judiciary” for FOIA purposes – and neither can the County of Muskegon be exempt from
FOIA when it knowingly hosts an event in a public building such as the one at issue.
Remember, the law can be violated, and sometimes is, by those using the trappings
and badges of governmental power, or governmental processes, to accomplish ends that are
discriminatory or otherwise unlawful. E.g., Wyatt v. Cole, 504 U.S. 158 (1992). The need
for FOIA compliance, and the need for the highest degree of transparency, when those acting
under color of law (with apparent legal authority) violate the law, is especially pronounced.
Thus, it only makes perfect sense that a “public body” (namely, the County of
Muskegon) is squarely subject to the obligations of FOIA, in this instance, precisely because
the event took place in a taxpayer-funded public courtroom at the seat of county government.
Again, “the judiciary” does not appear to be involved in this event because no judicial
business was conducted. Nothing remotely resembling the adjudicative responsibilities of
judges occurred. The actions were ceremonial (and under color of state law), not judicial.
How much demand is there from ordinary residents of Muskegon County (our
taxpayers) for so much overtly religious behavior in courthouse ceremonies?
G o o d q u e s t i o n . A r e c e n t a r t i c l e i n M L i v e ,
http://www.mlive.com/news/kalamazoo/index.ssf/2015/11/look_up_the_religious_profile.
html, titled, “ Look up the religious profile of your Michigan county,” includes results that
may be surprising to some. Seventy percent of Muskegon County residents are not affiliated
with any religious congregation. Id. Although it has not been much publicized in media,
traditional religious congregations in the United States, including this part of Michigan, have
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 5
been, in recent years, hemorrhaging members. And the fastest-growing segment of the population in the U.S. as a whole, is people with no particular religious preference.
Likewise, another informal poll conducted by MLive – on the question of whether the
government should be involved in promoting a National Day of Prayer and/or the National
Day of Reason in May, 2015 – probably surprised some with its results. Only 30.1 percent
of respondents (in some ways, mirroring the 70% who do not belong to any congregation)
favored the government supporting a “Day of Prayer” to the exclusion of the proposed non-
religious, inclusive alternative. Vastly more – 44.66% – were in favor of the government
staying out of such controversies altogether. Quite a large number – 15.53% – picked
“recognize both,” and another 9.71% favored the government supporting a National Day of Reason to the exclusion of a prayer event. From an historical perspective, these numbers are
familiar, because they mirror the abhorrence of the American voting public, in the election
of 1800, to government-sponsored displays of religious orthodoxy.
In short, the shrill, discriminatory, traditional religious message communicated by our
judicial establishment in Muskegon County (or, perhaps, by all but two of our judges) does
not appear to be prompted by any groundswell or outpouring of support for mixing
traditional religion and government among the overwhelming majority of the public residing
in this county. Rather, it is less than a 1/3 minority who appear to insist that the government
megaphone belongs exclusively to them, and the rest of us are not equally part of, or welcome in, the community.
Thus, the message delivered in the courthouse in October 2014, closely resembles a
reactionary effort to intimidate those who might speak up about religious equality (with the
trappings of power and authority – much like the curtain scene from The WIZARD OF OZ) –
so they will keep quiet about it, and the phony pretense can be maintained as much as
possible that Christianity remains far more dominant in West Michigan than it really is.
It is an interesting question whether the courtroom was rented, and by whom, for the
event referenced in Item One. If the County of Muskegon has a lease or rental agreement, payment records relating to such a rental or lease, or any other public records pertaining to
the specific event, please make these public records available for inspection and copying on
or before the deadline established in Michigan’s current FOIA law.
The courtroom was, at the time of the event, equipped with a video recording system.
Any recording by that system that ever was made of the event, is a public record, and should
be made available for inspection and copying, on the same timetable.
1.
2.
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 6
If any public body, including without limitation any person on the payroll or receivinghealth benefits from the County of Muskegon, made any record (either personally, or by
requesting or inviting a third-party directly or indirectly to do so for them), including but not
limited to any video or audio recording, of the event, please make that public record available
for inspection and copying, on or before the FOIA statutory due-date.
Any email or other written communication (including, but not limited to, memoranda
of law, opinion letters, or other email, text messages or written communications – and further
including without limitation email or text messages on personal accounts used for County
business – to or with Corporate Counsel for Muskegon County, or any other person outside
the County) about or relating to the event or the video recording should be made availableas a public record for inspection and copying, with the same deadline. If attorney-client
privilege is claimed, the work product doctrine, or any FOIA exemption, please remember
that a proper Vaughn v. Rosen index is required and necessary.
Item Two is an email reflecting existing awareness that a videotape was made of this
event. The Michigan Department of Civil Rights, which is conducting an investigation at
present, has known at least since October, 2015, that this videotape exists. Accordingly,
please be advised that the existence of this video is not any mystery or secret.
The videographer was permitted in the courtroom by the County of Muskegon and itselected officials, and the request or invitation for a video recording to be made reportedly
was made by or on behalf of an individual on the payroll of the County of Muskegon
(Prosecutor’s Office), who remains on the payroll (District Court Judge) to this day. It is
preposterous to deny that the video of this event, conducted in a public courtroom, could in
any way be anything other than a public record of Muskegon County for FOIA purposes –
especially if it has come into the County’s possession (which includes the possession of any
County personnel) at any time.
According to the videographer, not long after additional communications took place
in January, 2016, involving the videographer and others on behalf of the public official who
had procured the video, the videographer’s company (Digital Spectrum Enterprises) deleted
its only copy of the video off of the company’s hard drive. This raises rather pronounced
concerns about spoliation, unless the video is made public. And the only copy in existence
came into the possession of a public body – namely, the County of Muskegon (which, by
definition, includes one or more persons on the County payroll), at or about the same time
as the deletion of the hard drive recording. Please be sure to do a word search for the word
“possession” in Michigan’s FOIA.
3.
4.
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 7
As I point out in Item Two, if there is nothing to be ashamed about, and if the lawand the Constitution actually have been upheld and protected, in connection with this event
– then, presumably, every single person participating in that ceremony would be delighted
and happy for the public to see what occurred – so we may all know with certainty how well
the government behaves itself in Muskegon County. In contrast, the behavior of Muskegon
County government, and others, subsequent to the October, 2014, event (and especially since
January of this year), certainly supports the opposite conclusion – namely, that something
shameful took place – and someone does not want to admit, correct, and learn from the error.
Item Three is a recent essay that I recommend people read – especially evangelicals
and others accustomed to pervasive Christian privilege (i.e., discrimination favoringChristians over others whose differing views deserve equal respect). This pervasive sense
of Christian privilege has been especially pronounced in the United States (compared with
other modern industrial democracies) in the time since corporate public relations in the 1940s
and 1950s manufactured the myth of the United States as purportedly a “Christian,” and
exclusive – rather than secular and inclusive – nation. See Kevin M. Kruse, A Christian
Nation? Since When?, THE NEW YORK TIMES (Mar. 14, 2015), <
http://www.nytimes.com/2015/03/15/opinion/sunday/a-christian-nation-since-when.html >.
Item Three is called “When you’re accustomed to privilege, equality can feel like
oppression.” The key part of that observation is the phrase “feels like.” In other words, it
isn’t really oppression or anything remotely resembling real oppression of self-identified“Christians” when equality is substituted for privilege; it is, in fact, the removal of
oppression, at least in part, when we as a society move in a more inclusive direction.
One notable example of somebody (blogger) feeling oppressed, without justification,
by another person’s insistence on religious equality and governmental non-discrimination is
this: http://westmipolitics.blogspot.com/2014/10/breaking-grand-haven-cross-critic-has.html
(employing the overly-dramatic phrase “belligerent bully who is now trying to bring his
disturbing, ruthlessly hateful agenda to Grand Haven” to describe a subject engaged in a
peaceful and lawful effort to end a decades-old violation of basic constitutional principles).
In reality, the person so described in the referenced blog posting is anything but belligerentor a bully – he is someone who, with a fair degree of grace and aplomb, stands up to real
bullies. The Dewey Hill Cross controversy, incidentally, did not involve a lawsuit against
Grand Haven, until some local Christians, mistakenly “feeling oppressed,” went to court in
an effort to force the City to erect and display a sectarian religious symbol on governmental
property. They lost. Twice. And with good reason.
It does not seem to be entirely co-incidental that the apparent backlash and over-the-
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Freedom of Information Act Coordinator
County of Muskegon
March 16, 2016
Page 8
top display of Christian privilege, exhibited in the Muskegon County Courthouse, coincidedclosely in time with strong feelings being expressed in a neighboring county about “feeling
oppressed” when someone actually exhibits the courage to speak up for religious equality.
And some of the people in the courtroom event recorded by the videographer
doubtless “felt” oppressed – at least prior to the ceremony – by one or more uppity non-
Christians, who publicly had insisted that the government treat everyone equally, rather than
playing favorites in the manner to which they had grown accustomed. Only, that feeling isn’t
really about any oppression of self-identified “Christians” at all (at least not oppression by
those insisting on governmental non-discrimination). It just feels that way, if one has grown
accustomed to the government previously discriminating systematically in your favor.
And learning why those subjective feelings are inconsistent with reality, is an
important thing the general public needs to discuss and understand, in a dignified and
respectful way, in West Michigan. Here is hoping the video that is requested in this letter,
in particular, can prove informative, can raise public awareness about what behavior is proper
for government officials (especially judges), and what conduct is off-limits in a
governmental setting – so as to serve as a cautionary tale for others.
Thank you for your attention to this FOIA request.
Very truly yours,
Eric C. Grimm
ECG (encl.)
cc: Local media (with encl.).
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8/19/2019 Muskegon County FOIA
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ond J. "Randy" Kostrzewa is sworn in as Muskegon County's newest judge > Muskegon Legal News
/legalnews.com/muskegon/1395597[3/13/2016 12:26:59 PM]
Posted October 10, 2014
Tweet This | Share on Facebook
– LEGAL NEWS PHOTOS BY DIANA L. COLEMAN
By Diana L. Coleman
Legal News
The courtroom was packed with standing room only, and those were two and three
deep, as Raymond J. “Randy” Kostrzewa was sworn in as a 60th District Court Judge
by the Honorable Andrew Wierengo III.
Kostrzewa campaigned aggressively four years ago against Judge Wierengo, but was
defeated. It seems all is in the past, and the two will now be working closely together
on the district court bench.
Father Phil Salmonawicz presented the invocation and the Kostrzewa children
Joseph and Catherine) led the Pledge of Allegiance. Wife Linnea Kostrzewa held the
Bible as Kostrzewa was sworn into office.
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ond J. "Randy" Kostrzewa is sworn in as Muskegon County's newest judge > Muskegon Legal News
/legalnews.com/muskegon/1395597[3/13/2016 12:26:59 PM]
She then made a speech about their journey to the Judgeship with two defeats
aying, “It has made us humble and it has shown us that God has a plan for all of us
and things will happen when the time is right. God has blessed us and connected the
dots.”
Attorney Kevin B. Evan and retired Muskegon County Sheriff Bob Carter presented
Kostrzewa with his Judge’s robe accompanied by handshaking and backslapping.
As all of the Muskegon County and visiting Judges made remarks and wished Randy and the Kostrzewa family well on this new journey, one of the judges also
ympathized with D. J. Hilson and the prosecutor’s staff that they were losing a great
rial attorney.
The Honorable Raymond J. Kostrzewa brought remarks following his investiture.
Trust in God, persevere in worthy goals and strive for excellence,” said Kostrzewa.
After the many positive comments from the judiciary about Kostrzewa’s integrity and
character and what a good person he is, the conclusion was reached that he will be a
irst-rate judge.
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On Manners and Social Customs
The Hiroshima Peace Memorial Park is a place I
wish everyone could visit at least once, including the
Peace Memorial Museum. It is all the more meaningful
to see it through the eyes of someone born and raised inthat city. In my case, I also happened to be very much in
love with my host, and then-girlfriend, Yoko, who
introduced me to her hometown. We had been a couple
while I was studying law, and she was securing her
MBA. In retrospect, I was young and foolish. It is all my
fault we have since gone our separate ways. Yet, I’m
grateful for many things I learned when we were together.
In seventh grade, in the North Muskegon
school system, our Civics class together studied John
Hersey’s book, Hiroshima. The photographs of survivors alone, let alone the accounts of the
aftermath, were more than enough to provoke strong
feelings of compassion and regret that our country
ever had unleashed such a terrible weapon. Even
more so for its use on a civilian population. Yet, the
consensus among my junior high school peers –
which remains not uncommon today among their
elders – was this measure was necessary to end World War II, and save lives of conventional
military personnel.
Many moral philosophers distinguish between instrumental thinking – say, using a person(one who happens to live in an “enemy” city, for instance) as a means to an end (avoiding casualties
and ending a war), and intrinsic value – treating each person equally as an end in themselves.
The number of people who died instantly, on August 6, 1945, was just a bit less than twice
the current population of Muskegon. They, like us, loved their spouses and children, raised their
families as best they could, and
were just as human as we each
are in every other way. I
certainly considered myself
compassionate and reasonable, as
a middle school student, onaccount of the empathy I felt on
seeing photos of burned and
injured strangers in Hersey’s
book. But that’s not the half of
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it, I later discovered. It is
entirely different to
imagine the loss of
someone who means the
world to you, personally,
and then to multiply thatloss by 80,000. Imagine
the people you most love
in Muskegon suffering
such a fate. Perhaps the moral equation seems different, from that perspective.
Manners and social customs matter, in Japan. And if you are going to spend much time there
– especially as a tall and clumsy American who already must duck to make it through doorways –
it makes some sense to learn another culture and how things are done. As it turns out, the
differences in customs, including the novelty of others’ customs, offer a chance to reflect on why
each culture has its own manners in the first place, and what purposes they serve.
Manners and social customs rarely are an
end in themselves. It is rude in Japan not to slurp
your noodles, and rude here to do so. Neither
custom is inherently right, or an end in itself.
Neither norm exists because noodle slurping is
either so socially necessary or so utterly
pernicious, that the need for either custom is
necessarily self-evident. The norm of slurping
turns out to be a way of letting whoever prepared
the noodles (often, to the slurper, both a vendor
and a friend) that the noodles are delicious. Thecustom promotes a sense of community.
Americans tend to react negatively when served
food that is raw or undercooked. In Japan, it is one of the
highest compliments one can pay as a guest, upon losing
control of a morsel due to amateur use of chopsticks, to
observe the food is so fresh, that it is still alive and moving.
Some few norms, such as near-universal disapproval
of willful deception (which, in many cultures, also often is
accompanied by an exception for harmless deception for the preservation or building of social goodwill – so-called
“white lies”), are the relatively rare exceptions that
demonstrate the general principle of how infrequently social customs and manners prove their own
need or supply their own justification.
Manners are, instead, at least as often as not, a means to an end. And, if we also accept the
equal dignity and humanity of every person, it is worth asking whether the ends that our existing
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customs and manners promote are worthy ones. If the ends are not worthy, then perhaps occasion
exists to develop new customs that do serve ends that we all agree are worthy.
Sometimes, manners are about cultivating, through a mindful
practice, consideration and empathy for others. To use another
Japanese example, consider the custom of filling the tea or sake cupsof social companions; it is rude to fill your own. At least within the in-
group, this practice of mindfulness serves as a reminder of
consideration for others, and helps make such consideration a regular
habit. And it is not too big a step to go from there to the next level –
to scale it up from empathy for one’s own in-group, to equal concern
for all human beings.
When it comes to driving, the Japanese have developed a habit and custom of flashing the
hazard lights of a vehicle twice, to say “thank you,” when another driver has the courtesy to allow
you to merge. Compare that to the frequency of road rage in the United States, or the ubiquitous use
of the horn in some countries to signal, “get out of my way!”
But promoting mindfulness about
consideration and empathy for others, is not the only
end that social customs can serve. Sometimes,
instead, manners and customs serve to reinforce a
legitimate power hierarchy. In a courtroom, for
instance, the judge customarily sits in an elevated
position, and all rise when she enters the courtroom.
Those customs exist for a reason, because the judge’s
role is necessary in any reasonably complex modern
society, and norms that promote respect for judicialdecisions and the legal process itself, serve the
broader interests of everyone.
Then there are other manners and customs
that have existed in the past, and some that exist
today, that serve and promote ends which, on close
examination, are
more troubling.
S e v e r a l
i l l u s t r a t i ons ,
i n v o l v i n g paraphernalia
from the Jim
Crow era, were
r e c e n t l y o n
display at Baker College, for instance, when it hosted an exhibit
of historical artifacts. According to the customs and manners of
Montgomery, Alabama, on December 1, 1955, it was considered
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rude for a black woman not to sit in the back of the bus, and the height of insolence for her to
disobey the driver, when she was reminded where to sit. Disobeying that custom deliberately, and
for political purpose, was an act upsetting to some, and celebrated by others. But the point of the
action of challenging the problematic custom is simply to provoke a conversation about which
customs serve worthy ends, and which promote ends that people of good conscience ought to reject.
Separate water fountains were more
expensive to install than common water fountains
and served no public health benefit. All the
institution of requiring some people to drink from
the “other” fountain accomplished was to
reinforce and perpetuate an illegitimate power
hierarchy – in other words, to reinforce and
perpetuate white privilege. Those who are
accustomed to privilege, and fear losing that
preferred status – who fear the substitution of
equality for privilege – have been known to reactharshly, even violently, to preserve the privilege to which they have grown accustomed. For
instance, shortly after President Obama’s inaugural, Congressman John Lewis received a personal
apology from Elwin Hope Wilson. Wilson, it turns out, had thrown a punch at Lewis, years before
while Lewis was traveling through the south, with other Freedom Riders. With the passage of time,
Wilson came to learn (and to feel in a very emotional way) that his punch thrown in defense of white
privilege was morally wrong, and Lewis was on the right side of history. On another occasion, a
bus containing Freedom Riders was set on fire by an angry mob, and the local hospital refused
treatment of those on the bus who were injured in the episode.
One social custom that I rarely encountered for more than two decades – in any meeting of
any kind – before I returned to Muskegon, and that I now encounter several times a week, at theleast, is a custom of starting a meeting with a request that everybody (whether or not they agree with
the premise of the custom) bow their heads, while a designated speaker leads the group in religious
prayer. Well over 95% of the time, the prayer is a Christian prayer, and the invitation also is made
to say “amen” – a signification of agreement – when the prayer is concluded. The custom
undoubtedly feels good, and gratifying, to those who are self-identified Christians. The feeling of
isolation, of inequality, and of second-class status, for those of us who quietly and as a matter of
conscience choose not to participate, however, is profound.
To be quite honest, there is
a reason why the call-and response
custom, involving a kind of coerced or apparent assent to what
the designated speaker has to say,
has been a ubiquitous feature of
religious and other ceremonies,
dating back at least to ancient
Egyptian and Sumerian rituals, if
not long before that. It has become
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used to reinforce social and political hierarchy, including conformity of thought and behavior to the
favored message, precisely because it works so well as a means to promote that political end.
Perhaps some attention to the extreme case will help illustrate why coerced assent to ideas,
is problematic, and might benefit from a re-examination of what ends social customs ought to serve.
In May 1935, as international relations between England and France,
on the one hand, and Germany and Italy on the other, deteriorated and the
Second World War approached, Sir Thomas More was canonized as St
Thomas More, a martyr. I suspect that More (who also, throughout his life,
preferred humanism to nationalism), if asked,
would not have had a high opinion of the
timing of his canonization, which presumably
did not escape the notice either of English
Anglicans, or of Italian and German
Catholics. More was executed following a
trial in 1535, but the outcome of that trialnever was in doubt. He died for choosing
loyalty to his sincere beliefs, over loyalty to
his king and onetime friend, Henry Tudor –
the eighth King of England to bear the name Henry.
That undoubtedly was a difficult decision for More to make. The heads of the church to
which More remained loyal, from prior to Henry’s ascension to the British throne, to the time of
More’s beheading, were
hardly paragons of virtue. We
can start with Alexander VI,
who was – despite the vow of celibacy required of all taking
Holy Orders within that
institution – the father of
Cesare Borgia, and Lucrezia
Borgia, among other children.
The Madonna before whom
Alexander is pictured kneeling
in the painting on the right,
incidentally, is understood to
b e a r a r e m a r k a b l e
resemblance to Giulia Farnese, whowas Alexander’s mistress during most
of the time Alexander commanded the
Holy See. Alexander was Pope in 1492, when Columbus made landfall on some islands in the
Caribbean, and Alexander also drew the Line of Demarcation, purporting to divide North and South
America between Spain and Portugal; those living on these continents already, of course, were not
consulted about their views who should own and control this territory. Alexander’s younger son,
Cesare, features prominently (and, some would say, ironically) in Nicolo Machiavelli’s book Il
Henry Tudor (Henry VIII)
Thomas More
Alexander VI
(Rodrigo Borgia)Cesare Borgia
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Principe. On the subject of Alexander’s moral character, Machivelli (who had a particularly close
vantage-point from which to become expert on this subject) goes on at some length in Chapter 18
of his book:
“One recent example I cannot pass over in silence. Alexander VI did
nothing else but deceive men, nor ever thought of doing otherwise,and he always found victims; for there never was a man who had
greater power in asserting, or who with greater oaths would affirm a
thing, yet would observe it less; nevertheless his deceits always
succeeded according to his wishes, because he well understood this
side of mankind.
“Therefore it is unnecessary for a prince to have all the good qualities
I have enumerated, but it is very necessary to appear to have them.
And I shall dare to say this also, that to have them and always to
observe them is injurious, and that to appear to have them is useful;
to appear merciful, faithful, humane, religious, upright . . . .
“For this reason a prince ought to take care that he never lets
anything slip from his lips that is not replete with the above-named
five qualities, that he may appear to him who sees and hears him
altogether merciful, faithful, humane, upright, and religious. There
is nothing more necessary to appear to have than this last quality,
inasmuch as men judge generally more by the eye than by the hand,
because it belongs to everybody to see you, to few to come in touch
with you. Every one sees what you appear to be, few really touch
what you are . . . .”
The above author wrote Il Principe, more-or-less as a job application
addressed to a close relative of Leo X (a Medici), shortly after the
Florentine Republic (in which Republic Machivelli played an
important governmental role and organized the defensive militia)
surrendered to the aristocratic Medici following the sack of Prato.
Promptly after Medici rule was restored, the writer was tortured by
the ruling family. It seems implausible, then, that Machivelli
seriously might have thought the Medici who had just tortured him
would then offer him a job, and even more unlikely that he actually
wanted to work for them – as opposed to exposing to other readers
what he had learned (by touching the reality of Alexander’s moralcharacter) about the affairs of the Vatican, generally.
Alexander’s successor, Julius II and Julius’s successor, Leo X
(whose family profited handsomely from their management of the
Vatican Bank – the current state of which, incidentally, is high on
Francis’s list of things to do, now that Benedict has become is the first
pontiff to resign in over 600 years), are remembered – particularly in
Leo X (Giovanni di
Lorenzo de’ Medici)
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Wittenberg – for their
increasingly innovative
financing schemes for the
reconstruction of the
Vatican. By the time of
More’s death, the nephewof Leo X (Clement VII)
had been elected by the
College of Cardinals.
Despite the dubious
claims of the Vatican to
lead by example on the
subject of then-prevailing
norms of moral virtue, the
church under Clement
VII (also a Medici),
ever mindful of the political interests of
Spain, would not
anull the marriage of Henry
Tudor (Henry VIII) to Catherine of Aragon, which anullment if granted
would have had the effect ensuring that Henry’s offspring with his new
wife, Anne Boelyn, would hold sole claim to the English throne. So, Henry
decided all his subjects were no longer Catholics, and he would head their
new church, the Church of England.
Amid all this fray, Thomas More stands nearly alone in adhereing
to some consistent principle rather that pretending rather unpersuasively to be moral, yet acting for base reasons of personal gratification, money,
political power, or a heady mix of all three.
F r o m a m o r a l
perspective, choosing whether to
support Henry or the Vatican
(and, if the Vatican, then indirectly, Spanish political
ambitions), for More must have been like Ulysses’s
choice between Scylla or Charybdis – a disaster either
way. More is remembered for his choice to attempt
steering between those two disasters, by remainingsilent, even though nearly every other person in England
at the time (save John Fisher, Bishop of Rochester) did
the socially expected and seemingly polite thing of just
going along with an oath approving Henry’s actions.
Henry was not satisfied merely to announce such a change of conscience on behalf of all his
subjects, but with the assistance of Parliament, namely, the Succession Act of 1533, required them
“Thesentür” (door of the theses)
in WitenbergClement VII (Giulio di Giuliano de’ Medici)
Navigating Scylla and Charybdis
Anne Boelyn
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all to make an outward sign of loyalty – including More. More declined.
Why bring up More? Because More’s case is somewhat
extreme, especially in the consequences More suffered, but illustrates
the problem with call-and-response prayer. Henry understood the
socially coercive customs and manners that he was hijacking to servehis own ends, when he took over the entire liturgical and social
apparatus of the dominant religion in England. Henry’s loyalty oath
that he sought to have More sign, was not necessarily all that different
in kind (only in degree) from the call-and-response recitation of prayers
and creeds that British subjects had done in public on at least a weekly
basis, for generations. Who ever visibly identifies themselves, in the
midst of a sea of followers reciting “amen,” as a dissenter? The social
pressure, at a minimum, to appear to assent (even if one privately does
not), by remaining quiet, is significant and pronounced.
And so it is with many invocations – at least those in which the speaker presumes to speak for a unanimous group, whether or not we all are on board with the sectarian perspective of the
speaker. So it is when any speaker presumes to demand an “amen” or other assent from everyone
in the room, regardless of the dictates of conscience of any harboring doubt.
Trouble is, in a mixed room (especially in 1935), an
Anglican’s traitor is a Catholic’s martyr. Or, as President
Lincoln sagely acknowledged, as the Civil War ground to its
conclusion, “Both [sides in the War] read the same Bible
and pray to the same God, and each invokes His aid against
the other. . . . The prayers of both could not be answered.”
In a room populated not only by Anglicans and
Catholics, but also Lutherans, and Calvinists, and Jews and
unbelivers, and many others as well, has it ever really been
reasonable – or respectful toward the equal dignity and
common humanity of each person in the room – to demand
and expect from all of them, regardless of their true
convictions of conscience, assent in the form of a publicly
visible “amen,” or at a minimum standing silent while the
room appears to be unanimous in its assent?
Many in this club profess a belief that Jesus of Nazareth was the son of God, incarnate.More, also a self-identified Christian, exhibited what his king, Henry, undoubtedly thought were
such exceedingly bad manners that the King concluded More ought to suffer the ultimate
consequence. And Jesus, too, did no small number of things that were – according to customs and
manners of his time – considered not only rude, but criminal. Indeed, he did not even last a week
in Jerusalem, precisely because that episode with the money-changers in the Temple rubbed some
traditionalists quite the wrong way. Arguably, using a contemporary definition of “terrorism,” a fair
Abraham Lincoln delivers his
Second Inaugural Address
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argument could be made that the temple episode might easily fit the
definition.
When Jesus was put to death on the cross, his last words
reportedly were, “Forgive them, Father, for they know not what they
do.” I suspect that some of my dear friends in the club, when it comesto invocations, also know not what they do. And perhaps none of them
have stopped to think of the examples of More, or their own Savior,
when presuming to speak for everyone, or presuming to follow
longstanding traditions reflexively, and without considering critically
whether those traditions work as well in a more diverse setting, as they
do in a house of worship.
Perhaps there is a way to have a conversation with an unbeliver,
after all, and unexpectedly learn some things about strengthening a
sincere belief in the teachings of Christianity, or Islam, or any other
faith tradition, for that matter. One thing, it seems to me, that the New Testament emphasizes iscompassion and understanding for the common humanity of all people, whether or not they are part
of one’s own tribe, religion, or in-group.
Again, I respect and support each member’s constitutional right – indeed, his or her universal
human right – to believe whatever he or she may prefer to believe as a matter of thought, conscience
and religion. The point is that human beings are all equal, especially in equally deserving dignity
and respect, whatever we each may think or believe. Our manners and the customs that we observe
as a group can and should promote through mindful practice, recognition of that common and
universal truth, rather than familiar habits that enable us to remain unmindful of what we do.
The Prophet, in his Farewell Sermon, observed, “an Arab has no superiority over a non-Arabnor a non-Arab has any superiority over an Arab; also a white has no superiority over black nor a
black has any superiority over white except by piety
and good action.” In the Christian tradition, the great
teaching that cuts to the heart of every sect and
denomination, is in Matthew 25:45, “Whatsoever
you do to these, the least among you, that you do to
me.” The same point about universal equality can be
found in numerous faith traditions, the world over.
And yet, so many adherents of these traditions
sometimes neglect to remember that the principle
applies not only to everyone who views things their way, but also to everyone who does not share their
view, as well. What is the parable of the Good Samaritan, but an exhortation that compassion ought
to extend across categories and tribal sensibilities, that sometimes needlessly divide us?
“Cleansing” of the Temple
in Jerusalem
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A friend told me recently a story about a local young person, whose conversion from devout
Christianity, to humanism and atheism, began in an audience surrounded by self-identified
Christians, at the Unity Festival in Muskegon. A comedian
spoke to the audience, and told some jokes about
unbelievers being condemned to an eternity in Hell, and
suffering. Which shouldn’t have been all that funny, evenif you are a
Christian. One
o n l y n e e d
t h i n k , f o r
instance, of the
t o r m e n t o f
G i o r d a n o
Bruno, being
burned alive for
heresy (Galileo,
a few yearslater, got the
m e s s a g e
when placed
in the same
cell where Bruno
had been held), to
realize why never to wish an eternity of such torment upon
any other human being. Whether I share the same belief
with you, or not, that’s another reason why I can and indeed
must accept and appreciate that it remains in my best
interest to help all my Christian friends become the bestChristians they can possibly be. Because Bruno is hardly
alone in history to serve as an example of what can and
does happen to those with unorthodox beliefs, when
encountering large groups of the other kind of Christian.
Based on personal experience, there is a
population in Muskegon who feel accustomed to
Christian privilege, and who feel that something
important is being taken away from them, if the
suggestion is even raised that the ubiquitous call-and-
response prayer custom might be changed.
There’s another way of looking at it – not as a loss, but an opportunity. We can have the
opportunity, each of us, to have our lives enriched by learning empathy and compassion for a variety
of perspectives, if we adopt new customs or traditions that are inclusive and bottom-up, rather than
exclusive and hierarchial.
Come to think of it, perhaps the Japanese have a custom we could re-purpose to serve worthy
A statue of Giordano Bruno now stands
in the Campo di’ Fiore, in Rome, where
Bruno was burned alive in February,
1600 after being convicted by the
Roman Inquisition of heresy.
The public execution of Giordano Bruno, by
burning him alive for disapproved beliefs.
Hypatia, Chief Librarian at Alexandria, in
415, also suffered an unpleasant fate at the
hands of an unruly mob of Christians – after
stripping her naked, they flayed off her skin.
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ends of our own – prompting mindfulness of the beliefs and viewpoints of others. What if Rotary
members were to begin, on their own initiative, learning about the religious traditions and beliefs
of others, and when delivering an invocation, saying it from the perspective of any tradition but their
own? For our own cups to be filled, so to speak, we must rely on the empathy and consideration of
others. It is, at the least, worth considering as a preferable alternative to the status quo.
Thank you very much for your careful consideration of this suggestion.
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You’re Accustomed To Privilege, Equality Feels Like Oppression | The Boeskool
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The Boeskool
When You’re Accustomed To Privilege, Equality FeelsLike OppressionPosted on March 5, 2016
I’ve never been punched in the face. Not in an actual fight, at least. I’m not much of a
fighter, I suppose… More of an “arguer.” I don’t think I’m “scared” to get into a fight,
necessarily–There have been many times I have put myself in situations where a physical
fight could easily have happened… I just can’t see myself ever being the guy who throws
the first punch, and I’m usually the kind of guy who DE-escalates things with logic or
humor. And one of the things about being that sort of person, is that the other sort of
guy–the sort who jumps into fights quickly–tends to not really be a big fan of me… Not
when he first meets me, at least. They usually like me later. Not always. You can’t win ’emall…
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You’re Accustomed To Privilege, Equality Feels Like Oppression | The Boeskool
/theboeskool.com/2016/03/05/when-youre-accustomed-to-privilege-equality-feels-like-oppression/[3/13/2016 3:20:25 PM]
Turns out there are other people…
The first rule of White Club is you do not talk about White Club…
When I moved to Nashville, I didn’t really know anyone. I got a job as a server on my
second day here, and before long, I was one of the servers the management favored…
Which meant I got better shifts, better sections, and better money. About nine months
after I had been there, a new guy started. We instantly disliked each other. He
didn’t like my smart mouth, and I didn’t like how he walked in and immediately acted
like he owned the place. He carried himself with this annoying confidence… Like it was
his world, and he would tolerate our being in it, as long as we stayed out of his damn
way. There were also rumors that this guy had spent some time in jail, and it was very
clear that he was NOT a “DE-escalater.” He was the sort of guy who knew exactly how
much he could bench, you know? And you could sense that–just below the surface–there
was always this restless energy that silently dared you to say something… He was an
intimidating dude.
So it bothered me a little bit when–only a month after he started working there–he was
already getting rotated into some of the good sections… Another mouth to feed meant
less money for me… He was a good server though. But nothing he did got under my skinnearly as bad as this: When Chuck (we’ll call him “Chuck. His name wasn’t Chuck, but it
was definitely a name in the “Chuck” category of names. It certainly wasn’t a pushover
name like “Chris”) would walk toward you, he ALWAYS expected YOU to be the one to
move out of the way. He didn’t do this when walking toward girls… But if he and another
GUY (me especially) were heading toward each other, he would head straight for the
other guy–not making eye contact–and he always assumed he had the right of way. If
not, you would get bumped by this stocky, solid mass of aggression who seemed to be just
itching for someone to question his intended path. And really, this seemed to best
describe how Chuck lived his whole life– Walking straight at people, and expecting
them to move. Until one day…
I had had enough. I kept thinking “W h y
am I a l w a y s m o v i n g o u t of t h i s
g u y ’ s w a y ?” Just about everyone else
in the world seemed to agree that if two
people were walking toward each other,
both people would acquiesce a little…
Leaning the side closest to the other
person back just so. What gave this guy
the right to just EXPECT that I’m going
to move out of his way? And thenanother thought started tugging at my
brain: “Wh a t i f I d i d n ’t m o v e? W h a t
i f I j u st k e p t w a l k i n g t o o ?” I was
done playing by his rules. And that
evening, as he walked quickly toward me
in the aisle of the restaurant (we both were fairly fast walkers), I walked toward him…
And I didn’t move. I’m not a giant of a man, but I’m solid enough to hold my own–
especially when I see a collision coming–and the impact spun him around. Right there,
in front of guests, he immediately said, “What the F*CK, dude!?” I said, “You alright?”
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You’re Accustomed To Privilege, Equality Feels Like Oppression | The Boeskool
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He was furious, and insisting to know WHY I had just bumped into him. I said, “Chuck, I
was just walking… Why did you assume that I was going to move out of your way?” He
followed me around the restaurant, angrily attempting to escalate things. He ended up
stopping me by another table, and when I said something along the lines of “Welcome to
planet Earth,” he shoved me. Hard. And not like a shove where you put your hands on
someone and then shove… It was the sort of shove where his hands were already moving
really fast when they hit my chest, and it made a pretty loud noise. All of his bench-
pressing muscles let lose on me–this person who dared question his right of way–and I
was knocked about two steps back.
I walked away from him, and I could feel my heart beating in my ears. I thought about
what I should do… If I should say something to a manager (that didn’t seem like a good
idea), if I should say anything more to Chuck (that seemed like an even WORSE idea)… I
decided to just try to avoid him for a bit and let him cool off. About 15 minutes later, the
GM asked to talk to me. He said that a guest had seen Chuck angrily shove me, and had
complained and described what happened (describing it as him “hitting” me, but it was
definitely a shove). I told him what happened–about him always assuming I was going to
move, about me simply walking and not moving, and about the arguing and the shove
that followed. It was a corporate restaurant, so he took everything very seriously. He
filled out an incident report, asked me if I wanted to press charges, and told me if I
wanted him gone, he was fired. I said that I didn’t want the guy to lose his job… I just
wanted him to recognize that other people had every right to be there that he
did.
And so, I recently thought about this story again after I had just read this amazing quote
(a quote for which I tried very hard to find an attribution, but kept coming up
“Unknown):
“W hen y ou ’ r e ac cus t om ed t o p r i v i l ege, equa l i t y f eel s l i k e
opp ress i on . ”
And things started making a little more sense to me. All this anger we see from people
screaming “All Lives Matter” in response to black protesters at rallies… All this anger we
see from people insisting that THEIR “religious freedom” is being infringed because a gay
couple wants to get married… All these people angry about immigrants, angry about
Muslims, angry about “Happy Holidays,” angry about not being able to say bigoted things
without being called a bigot… They all basically boil down to people who have
grown accustomed to walking straight at other folks, and expecting THEM to
move. So when “those people” in their path DON’T move… When those people start
wondering, “Why am I always moving out of this guy’s way?” When those people start
asking themselves, “What if I didn’t move? What if I just kept walking too?” When those
people start believing that they have every bit as much right to that aisle as anyone else…
It can seem like THEIR rights are being taken away.
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You’re Accustomed To Privilege, Equality Feels Like Oppression | The Boeskool
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This is the “Again” of “Make America Great Again.” Don’t worry–They’ll
just open some swim clubs and make the membership really expensive…
Can a brother get some “peach?”
Equality can FEEL like oppression. But it’s not. What you’re feeling is just the
discomfort of losing a little bit of your privilege… The same discomfort that an only child
feels when she goes to preschool, and discovers that there are other kids who want to
play with the same toys as she does. It’s like an old man being used to having a
community pool all to himself, having that pool actually opened up to everyone in the
community, and then that old man yelling, “But what about MY right to swim in a pool
all by myself?!?”
And what we’re
seeing politically right now
is a bit of anger from both
sides. On one side, we see
people who are angry about“those people” being let
into “our” pool. They’re
angry about sharing their
toys with the other kids in
the classroom. They’re
angry about being
labeled a “racist,” just because they say racist things and have racist beliefs.
They’re angry about having to consider others who might be walking toward them…
strangely exerting their right to exist. On the other side, we see people who believe that
pool is for everyone. We see people who realize that when our kids throw a fit in
preschool, we teach them about how shari