muskegon county foia

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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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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County of Muskegon

March 16, 2016

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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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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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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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County of Muskegon

March 16, 2016

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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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County of Muskegon

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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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County of Muskegon

March 16, 2016

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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.).


10/42

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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http://twitter.com/home?status=Reading%20about%20Legal%20News%20...%20http://legalnews.com/muskegon/1395597http://www.facebook.com/share.php?u=http://legalnews.com/muskegon/1395597http://legalnews.com/muskegon/1421853/http://legalnews.com/muskegon/1421853/http://legalnews.com/muskegon/1421854/http://legalnews.com/muskegon/1421854/http://legalnews.com/muskegon/1421855/http://legalnews.com/muskegon/1421855/http://legalnews.com/muskegon/1421855/http://legalnews.com/muskegon/1421511/http://legalnews.com/muskegon/1421511/http://legalnews.com/muskegon/1421512/http://legalnews.com/muskegon/1421512/http://legalnews.com/muskegon/1421512/http://feedproxy.google.com/~r/abajournal/topstories/~3/_PiOnGEEYkI/will_liberals_oppose_srinivasan_if_nominated_for_scotus_he_would_be_courtshttp://feedproxy.google.com/~r/abajournal/topstories/~3/_PiOnGEEYkI/will_liberals_oppose_srinivasan_if_nominated_for_scotus_he_would_be_courtshttp://feedproxy.google.com/~r/abajournal/topstories/~3/_PiOnGEEYkI/will_liberals_oppose_srinivasan_if_nominated_for_scotus_he_would_be_courtshttp://feedproxy.google.com/~r/abajournal/topstories/~3/tOeAMj-hnrY/nations_largest_youth_football_league_settles_suit_over_brain_diseasehttp://feedproxy.google.com/~r/abajournal/topstories/~3/tOeAMj-hnrY/nations_largest_youth_football_league_settles_suit_over_brain_diseasehttp://www.law.com/sites/articles/2016/02/23/supreme-court-apt-to-tinker-with-patent-damages/http://www.law.com/sites/articles/2016/02/23/supreme-court-apt-to-tinker-with-patent-damages/http://www.law.com/sites/articles/2016/02/23/when-a-founder-talks-or-acts-out-of-school/http://www.law.com/sites/articles/2016/02/23/when-a-founder-talks-or-acts-out-of-school/http://feedproxy.google.com/~r/scotusblog/pFXs/~3/x4n3Wes7cig/http://feedproxy.google.com/~r/scotusblog/pFXs/~3/EMZowQM2o4w/http://legalnews.com/publicnotices/#advancedhttp://legalnews.com/publicnotices/#advancedhttp://legalnews.com/login.phphttp://legalnews.com/login.phphttp://feedproxy.google.com/~r/scotusblog/pFXs/~3/EMZowQM2o4w/http://feedproxy.google.com/~r/scotusblog/pFXs/~3/x4n3Wes7cig/http://www.law.com/sites/articles/2016/02/23/when-a-founder-talks-or-acts-out-of-school/http://www.law.com/sites/articles/2016/02/23/when-a-founder-talks-or-acts-out-of-school/http://www.law.com/sites/articles/2016/02/23/supreme-court-apt-to-tinker-with-patent-damages/http://www.law.com/sites/articles/2016/02/23/supreme-court-apt-to-tinker-with-patent-damages/http://feedproxy.google.com/~r/abajournal/topstories/~3/tOeAMj-hnrY/nations_largest_youth_football_league_settles_suit_over_brain_diseasehttp://feedproxy.google.com/~r/abajournal/topstories/~3/tOeAMj-hnrY/nations_largest_youth_football_league_settles_suit_over_brain_diseasehttp://feedproxy.google.com/~r/abajournal/topstories/~3/_PiOnGEEYkI/will_liberals_oppose_srinivasan_if_nominated_for_scotus_he_would_be_courtshttp://feedproxy.google.com/~r/abajournal/topstories/~3/_PiOnGEEYkI/will_liberals_oppose_srinivasan_if_nominated_for_scotus_he_would_be_courtshttp://feedproxy.google.com/~r/abajournal/topstories/~3/_PiOnGEEYkI/will_liberals_oppose_srinivasan_if_nominated_for_scotus_he_would_be_courtshttp://legalnews.com/muskegon/1421512/http://legalnews.com/muskegon/1421512/http://legalnews.com/muskegon/1421512/http://legalnews.com/muskegon/1421511/http://legalnews.com/muskegon/1421511/http://legalnews.com/muskegon/1421855/http://legalnews.com/muskegon/1421855/http://legalnews.com/muskegon/1421855/http://legalnews.com/muskegon/1421854/http://legalnews.com/muskegon/1421854/http://legalnews.com/muskegon/1421853/http://legalnews.com/muskegon/1421853/http://legalnews.com/muskegon/archives/papers/http://www.facebook.com/share.php?u=http://legalnews.com/muskegon/1395597http://twitter.com/home?status=Reading%20about%20Legal%20News%20...%20http://legalnews.com/muskegon/1395597http://legalnews.com/


11/42

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

Copyright © 2014-2015. Eric C. Grimm. Some rights reserved. Creative Commons BY-NC-SA 3.0 License, <

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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


https://creativecommons.org/licenses/by-nc-sa/3.0/us/ >. Page 2 of 11


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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




17/42

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




19/42

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)




20/42

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




21/42

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




22/42

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




23/42

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.




24/42

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.




25/42

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]

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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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?”

Christians: Here's What To Do If

Donald Trump Has You Feeling

Hopeless

Voting For Trump Does Not Mak

You A Racist

A White Guy's Thoughts on

Martin Luther King

The Best Thing About Trayvon

Martin's Murder

You Have Every Right To Say

Racist Things

13 Things White People Do When

You Point Out Racism

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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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28/42



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

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