STOP-AND-FRISK...RACIAL PROFILING...AND MARTIN LUTHER KING, JR. - ARE BLACKS AND OTHER MINORITIES REALLY "FREE AT LAST?" IS ANYBODY?

     Racial profiling does exist in America today.  Those of you who disagree with me and want to debate the issue are welcome to do so...but there really is no argument.  No matter what people want to call it...minority individuals - many of them young males - are getting stopped all across the United States...by sworn police officers...as well as by self-proclaimed neighborhood watch commanders...because of the color of their skin.

     On Monday, August 12th, 2013...a U.S. District Court judge made a brilliant decision...by ruling that the practice of "Stop-and-Frisk" in New York City...violates the Constitutional rights of minorities.  Judge Shira Scheindlin ruled that "Stop-and-Frisk" goes against the Fourth and Fourteenth Amendments of the United States Constitution.

     In her strongly worded ruling...Judge Scheindlin of the Southern District of New York wrote that "Targeting young black and Hispanic men...for stops based on the alleged criminal conduct of other young black or Hispanic men...violates bedrock principles of equality."  In her written opinion...Her Honor also stated that "The city's highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner.  In their zeal to defend a policy they believe to be effective...they have willfully ignored overwhelming proof...that the policy of targeting - 'the right people' - is racially discriminatory...and therefore...violates the United States Constitution."

     Following the historic decision by Judge Scheindlin...on Thursday, August 22nd, the New York City Council voted 34 to 15 for a bill that will give people more options to file a lawsuit against the New York Police Department if they believe they've been the victim of profiling.  The bill takes effect on November 20th, 2013 despite a strong effort from Mayor Michael Bloomberg and police unions to convince Council members to vote differently.  The new law will also expand the definition of profiling to include gender, disability and sexual orientation.  Individuals can already sue in federal court.

     A second bill - passed 39 to 10 - which was also opposed by Mayor Bloomberg and the NYPD...will create the position of Inspector General...to oversee "The Big Apple's" men and women in blue...and to make non-binding recommendations to the department.  The bill takes effect on January 1st, 2014 and mandates that an Inspector General must be appointed by April 1st, 2014.   

 

   As for the "Stop-and-Frisk" ruling by Judge Scheindlin...New York City is appealing it.  Police Commissioner Ray Kelly "strongly disagrees" with the judge's decision and is furious as he blasts her significant and extraordinary opinion.  

Kelly told NBC News correspondent and moderator of Meet The Press, David Gregory on Sunday, August 18th that "The judge has indicted the entire New York City Police Department - 35,000 officers - of racial profiling... on the flimsiest of evidence."

     But if we look at the statistics...Judge Scheindlin is right on the money.  Here are the facts.  From January 2004 through June 2012...the NYPD stopped 4.4 million people for one reason or another.  Of those "stops"...6 percent were arrested...6 percent were handed summons...and 88 percent received no further law enforcement action.  But WHO...WHO...are getting targeted?  Who seem to have bull's-eyes on their backs?  The racial breakdown of the 4.4 million stops are as follows:  52 percent are black...31 percent are Hispanic... 10 percent are white...and 7 percent fall in to other categories.

     First of all...why are 88 percent of 4.4 million people - nearly 3.9 million innocent individuals - stopped...when they have not done anything wrong?   Commissioner Kelly gives an answer of "reasonable suspicion."  Are you kidding me?  Close to 4 million people are thought to be "suspicious" of committing a crime...when they are completely innocent of any wrongdoing whatsoever?  It is beyond ridiculous to think that all of those people are suspected of maybe...maybe doing something that is illegal.  To put millions and millions of innocent people through the agony...the stress...the time...and let's not forget the the cost involved to pay an attorney...or attorneys...when they have done nothing against the law...is a travesty and an insult to our system of justice.  But Commissioner Kelly argues that there is a "preventive aspect."  I'm sorry, Commissioner.  I respect the position you hold and the job you and your 35,000 officers perform...and would understand 8 percent... perhaps even 18 percent...but 88 percent of all your "stops" are of people who have done nothing wrong at all...and only because the cop on the beat has what I would call - a hunch - that they are guilty of something illegal?  To stop nearly 4 million people and put them through the misery...distress...and the embarrassment of being halted by police...when they have done absolutely nothing wrong at all...come on, Commissioner...you've got to agree that's a bit far-fetched.  But then...you don't agree.

     Regular readers of The Controversy know that I have had the great pleasure of working with numerous police departments throughout my journalism career - including the New York Police Department - and I have - and still have - professional and personal relationships with law enforcement officials - some of which I have known for more than 40 years...so I have a genuinely sincere appreciation...regard...and admiration for most police officers.  That being said, however...the "Stop-and-Frisk" program - or whatever else it may be called in other cities and towns across the United States - is without question - a violation of Americans' Constitutional rights - and not just for minorities - but for every one of the more than 316 million of us who are citizens of this great country.

     Over the years - at least throughout my lifetime - I and other children were taught...that if you are troubled or scared...and you need someone to help you...and mommy or daddy are not around...you can always seek out a police officer.  Perhaps white youngsters may still be told that by their parents...and white kids may...or may not...understand that or believe that...but black and Hispanic children - based on recent events and recent statistics - do not.  
 
While Judge Scheindlin did not explicitly mention Trayvon Martin in her "Stop-and-Frisk" opinion...she did make reference to the Florida case and the racial disparities and inequalities in our criminal justice system and our systems of law enforcement.  There is no doubt...that the subject of racial profiling...has grown more intense...because of the Trayvon Martin case.  Children - and adults alike - of all races...of all colors...of all ethnic heritages - including whites - need to feel comfortable and safe to know...that when they see a police officer - as we were told many years ago in an advertising campaign - "A police officer is your friend."  All law abiding citizens - no matter who they are and no matter what color their skin is - must be able to feel the same way...that a police officer is a friend...who is there to help...and not someone who is going to be suspicious of you...when you've done nothing wrong.

     Now let me be clear.  If a policeman...or policewoman...observes genuinely suspicious behavior...where there is truly reasonable and probable cause to question a particular individual...then of course...such action must be taken.  But when we look at the numbers - as I noted earlier in this commentary - those figures don't lie...and it's obvious to me...that African-Americans and Latinos are stopped more frequently than Caucasians and other races.  And it amazes me...that Commissioner Kelly has stated that if "Stop-and-Frisk" is abandoned..."violent crime will go up."  The statistics for the New York Police Department powerfully spell out...that 83 percent of all police stops in New York City are of people who are black or Hispanic.  If that's not racial profiling...then I don't know what is.

     I have been accused by some of my readers of discussing race - from time to time - in my column.  The issue of "Stop-and-Frisk" is about more than just race.  It's about freedom.  It's about the freedoms that our Founding Fathers insisted that ALL Americans are to be equal and free.  And despite slavery in those days...it was the hope of many of our Framers...that slavery would be abolished.  Therefore...as we celebrate this week...the 50th anniversary...of the Reverend Dr. Martin Luther King, Jr.'s I Have A Dream speech...let us all remember Dr. King's closing words from that momentous day...August 28th, 1963.

     "When we allow freedom to ring...when we let it ring from every village and every hamlet...from every state and every city...we will be able to speed up that day...when ALL of God's children...black men and white men...Jews and Gentiles...Protestants and Catholics...will be able to join hands...and sing the words of the old Negro Spiritual...Free at last, free at last.  Thank God Almighty...we are free at last."

     With programs such as "Stop-and-Frisk"...nobody is completely free.

     And that's The Controversy for today.

     I'm Gary B. Duglin.

     "We'll talk again."

The Controversy will make an effort to publish a new commentary every Sunday.  Unscheduled essays may appear, from time to time, on other days as well.

Please express your opinions in the comment box below.  You do not have to register your name and you can remain anonymous if you prefer.  The Controversy wants to know your views on the essay above and on any other commentaries written on this blog.  Just click on the word "Comments" below and write your thoughts in the box that appears.  Make sure please that when you finish your statement that you click on the word "Publish."  Thank you for your thoughts and thank you for reading The Controversy.

Copyright 2013 Gary B. Duglin and TheControversy.net.  All Rights Reserved.

IMMIGRATION IS NOT ONLY GOOD, BUT EXCELLENT FOR AMERICA. THE UNITED STATES IS A PLACE WHERE ALL WHO LOVE - OR WANT TO LOVE - THIS GREAT COUNTRY...SHOULD BE WELCOME.

     "Keep ancient lands, your storied pomp!" cries she
     With silent lips.  "Give me your tired, your poor,
     Your huddled masses yearning to breathe free,
     The wretched refuse of your teeming shore.
     Send these, the homeless, tempest-tost to me,
     I lift my lamp beside the golden door!"

     Those words are part of a sonnet titled, The New Colossus...written in 1883 by American poet, Emma Lazarus.  Twenty years later in 1903...the entire poem was engraved on a bronze plaque and mounted inside the lower level of the pedestal of  

The Statue of Liberty.

     The poem refers to the millions of immigrants who came to the United States - many of them through Ellis Island at the Port of New York and New Jersey.  And over the years...The Statue of Liberty became a symbol of immigration...as ships carrying people from other lands...were greeted by one of this nation's most treasured and cherished monuments.  And as the seafarers passed by Lady Liberty herself...she unofficially invited...acknowledged...embraced...and with the most friendly of hospitality...raised her torch in their honor - and coupled with Emma Lazarus' poem - accepted these strangers from foreign nations...to this...the United States of America...a place where ALL who loved - or desired to love - this wonderful nation...were welcomed.  Today...the United States of America is a place...where ALL who love - or want to love - this great country...should be welcome. 
 
     Immigration reform is necessary...and the Senate bill has broad support of Democrats and Republicans alike.  Poll after poll...of the American people... prove that a majority of U.S. citizens strongly back the Senate's bill...including a  tremendous amount of support from conservatives.  The Senate bill will do almost everything...if not everything...that the Republicans want.  All the major objectives that House Republicans represent are part of the Senate bill.

     Obviously people aren't arriving to our shores by the same means of transportation as they did in the early 20th century...but Republicans want to reduce illegal immigration...and the U.S.-Mexico border - which is where immigration concerns are focused - is much more secure than it has been in the past.  That being said...Republicans from the House of Representatives are demanding a bill that cannot be delivered.  There will never be an impregnable fortress wall between our country and our southern neighbor.  After all...the boundary runs about 2,000 miles.  But the Senate bill will provide 20,000 new border patrol agents and, therefore, makes significant progress in securing the border between the United States and Mexico. 

     Republicans want the immigration bill to provide economic growth.  Top economists - including first-rate conservative economists - admit that the Senate bill will generate and succeed in accomplishing an increase in the capacity of our economy to produce goods and services.  The Senate bill clearly creates employment opportunities - more than 700-thousand jobs.

     Republicans want the immigration bill to help reduce our country's debt.  The Congressional Budget Office says that the Senate bill will cut America's deficit by 800 billion dollars.

     Immigration reform must also concentrate on the legalization of immigrants.  The Senate bill provides a pathway to citizenship.  My only request for those wanting to live in the United States...and to truly be recognized as Americans...is that each immigrant - as part of their process to citizenship - must learn how to communicate with other Americans...by speaking the English language.  Just imagine...if all the immigrants of centuries past...who sailed the high seas...and made their adventurous trek from Europe and elsewhere...to find better lives and better ways of living for themselves...didn't learn how to speak English....what would have become of our country...and where would their children, grandchildren, great-grandchildren - all of us - be today?

     Let us remember that most of our families immigrated to America many years ago.  My great-grandparents made their voyages from Russia and Romania...and their ocean crafts dropped anchor in New York Harbor.  If your ancestors were allowed the privilege to become American citizens...why should we not give that same opportunity to others today?  The goodness of immigration outweighs the bad.  Immigration brings new cultures to the United States.  Immigration brings new people with new ideas and new talents.  Immigration has been an instrumental building block for the bedrock and foundation of America and the continuous growth of our nation.  Why, therefore, do so many Americans believe that immigration is not beneficial for the U.S.A.? 

     Immigration is not only good...but excellent for America.  If it wasn't for immigration...most of us would not be living on what we now know and love as American soil...with the freedoms we enjoy...as Americans.  We need to salute and pay tribute to our ancestors...who began the process of immigration centuries ago.  Therefore, I find it puzzling that so many individuals will debate...and downright argue...that immigration is not advantageous and valuable for our nation.  

     There are millions of hardworking people...living in the shadows...who want ever so much...to take the oath of citizenship...and to be able to proudly pledge allegiance to our flag...and warmly speak the words... "I am an American." Hopefully, the House of Representatives...the Senate...and President Obama...can together...make that happen.

     And that's The Controversy for today.

     I'm Gary B. Duglin.

     "We'll talk again."

And now a post-script to today's commentary.

I would like to borrow a phrase today from the world's longest running television program - NBC's Meet The Press.  For as far back as I can remember...but most recently with David Gregory - and before him, the late, great Tim Russert - this Sunday morning institution would come to a close with the words..."If it's Sunday, it's Meet The Press."  For at least the time being...with great respect to a broadcasting and journalistic giant...please permit to say..."If it's Sunday, it's The Controversy."

I've been writing my commentaries the last several months on Wednesdays and Sundays.  However, I must reduce publication of my column to one day a week.  That being said...from time to time, I may surprise my readers with an additional essay during the week...but for the most part, Sunday will be the day for you - to hopefully look forward - to reading The Controversy.  So for the near future - or perhaps longer - "We'll talk again" every Sunday...and I hope you'll "tune in"...or in this case..."log in"...to The Controversy.  Thank you.

Please express your opinions in the comment box below.  You do not have to register your name and you can remain anonymous if you prefer.  The Controversy wants to know your views on the essay above and on any other commentaries written on this blog.  Just click on the word "Comments" below and write your thoughts in the box that appears.  Make sure please that when you finish your statement that you click on the word "Publish."  And thank you again for reading The Controversy.

Copyright 2013 Gary B. Duglin and TheControversy.net.  All Rights Reserved.

A FLORIDA TEENAGER IS DEAD AFTER POLICE "TASE" HIM FOR SPRAY PAINTING AN ABANDONED, RUN-DOWN BUILDING. WHAT IS HAPPENING IN OUR COUNTRY?

     Here we go again.  Another Florida teenager...from a minority ethnic heritage...has died...for no good reason whatsoever.  This time...it was a Hispanic male...whose life ended...after a police officer jolted the young man with a Taser.

     Police in Miami Beach are investigating the death of Israel Hernandez-Llach...an accomplished artist known as Reefa...who died while in police custody...after the 18-year old was shocked with a stun gun...as cops attempted to arrest him...for spray painting graffiti...on an abandoned, dilapidated building.

     In a statement...the Miami Beach Police allege that just before dawn...on Tuesday morning, August 6th, 2013...they observed Hernandez-Llach in the act of vandalism...but that the young man took off running...and "ignored officers' commands to stop."  When police eventually caught up with Hernandez-Llach...authorities say, "In order to affect his arrest...an officer deployed his conducted electrical weapon (Taser).  Once in custody...the subject displayed signs of medical duress."  He was later pronounced dead at a nearby hospital.
 
     What is happening in this country?  What is happening in our United States of America?  Is it open season on minority teenagers?  Or is it Trayvon Martin and Israel Hernandez-Llach that we just know about?  How many other unarmed teenage boys - black ones, brown ones, yellow, red and even white ones - are receiving unreasonable force...of one form or another?

     Now...a kid - oh I realize he was legally an adult...but he was a kid - has lost his life...because he spray painted a boarded-up, fast-food restaurant.  I am thoroughly disgusted and disturbed by some of the insensitive individuals who I have been speaking with the last several days...who have no compassion or humanity...no sympathy or mercy.  All I've heard is - "the kid broke the law."  Sure he did.  I don't argue that fact.  I don't deny that Israel Hernandez-Llach did something wrong.  But he paid the ultimate price for doing it.

     There is no doubt that - if he had lived...it would have been justifiable for Hernandez-Llach to be punished...taught a lesson for vandalizing somebody else's property...but this was a misdemeanor...not a capital crime.  Oh I realize that he did run away from police...so technically he was resisting arrest.  However, an unidentified friend of Hernandez-Llach reportedly stated that Israel was afraid of getting deported back to his native Columbia...even though he, his father, mother and sister were granted political asylum eight years ago.

     Nevertheless...Hernandez-Llach spray painted an empty building.  He didn't rob someone at gunpoint.  He didn't kidnap or rape someone.  He didn't commit murder.  Therefore, I've got to wonder how the cop who Tasered Hernandez-Llach feels today?  That officer - according to the Miami Beach Police Department - has been placed on paid administrative leave and will undergo psychological counseling.  However, a police spokesman said the officer could return to work as soon as the chief of police deems him fit to do so.  Meanwhile...the Miami Dade Medical Center completed an autopsy on Wednesday, August 7th...but as of Sunday, August 11th...there had not been a ruling on the actual cause of death of Israel Hernandez-Llach...and toxicology results were also pending.  No matter whether Hernandez-Llach died because of being shocked by the Taser or not...he's still dead...and it's tragic.  This is a total tragedy.

     And for those of you who feel Hernandez-Llach deserved what he got - as some people have communicated to me - his offense is nowhere as bad...as what some of them have done.  How many of you...get behind the wheel of a car everyday...and drive 10, 20...maybe even 30 miles per hour over the speed limit?  You could be endangering your life...or the lives of others.  Israel Hernandez-Llach was expressing himself artistically...and police stopped him by using - what turned out to be - a deadly weapon.

     Tasers are not firearms...and, therefore...they are not subject to regulations by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Maybe they should be.  Yes...they need to be.

     There are states in this country that have done away with the electric chair.  When you think about it...Israel Hernandez-Llach died in the same basic way...and yet...he was never allowed to go to trial...never convicted... and certainly never sentenced to death.  He spray painted an old building... and died for doing it.

     In 2012...the human rights organization, Amnesty International...reported that since 2001...more than 500 people in the United States had died...from being shot by a Taser gun...and that the state of Florida suffered the second largest number of deaths from Tasers.

     Also in 2012...a study by Dr. Douglas Zipes...was published by the American Heart Association journal, Circulation.  Dr. Zipes concluded...that stimulation from a Taser can cause a person to have a massive heart attack.  However...a spokesman from the Miami Beach Police Department has stated that, "You don't die of a Taser."  According to Dr. Zipes and the American Heart Association...that's simply not true.

     As a journalist, radio talk show host and news anchor/reporter throughout the last 40 years...I have had the great pleasure of working with policemen... some of which I respect not only as law enforcement officers...but as my friends.  And these honorable, brave and courageous people - who risk their lives everyday to help protect the citizens of our local communities nationwide - have advised me that stun guns of any kind are never to be aimed at a person's chest.  Being "Tased" in the buttocks...will knock a guy flat on his face...but will likely not kill him.  And Tasers are never to be activated for more than 5 seconds.

     A reporter from WPLG-TV Channel 10 in Miami...interviewed Hernandez-Llach's sister, Offir.  The 21-year old was asked if she believed police had gone too far.  Offir Hernandez replied..."My brother is dead, isn't he?  Of course (the police) went too far.  (Israel) didn't come home.  The police did."

     Thiago Souza and Felix Fernandez were friends of Israel Hernandez-Llach...and they told CBS News...that they witnessed their pal being arrested.  Souza articulated that "(Police) tried to lift up (Israel's) arms...and they would just fall...they would just collapse back to the floor."  And Fernandez remarked that "(Police) were making fun of how (Israel) tensed up when he got Tased.  They were just laughing.  Oh you should have seen him...you should have seen how he tensed up."

     Maybe if these particular policemen didn't find the matter to be so funny... and didn't joke around - celebrating with "high fives" as Hernandez-Llach lay on the ground - as a witness said...the officers might have realized...that they perhaps could have saved the life of Israel Hernandez-Llach.

     On Saturday, August 10th, protestors rallied outside the building where police spotted Hernandez-Llach spray painting earlier in the week.  Demonstrators demanded there be an independent investigation in to the excessive force used to capture Hernandez-Llach.  One sign that was exhibited in the crowd read, "How can they kill a boy for being an artist?"

     Here again - as in the death of Trayvon Martin - another Florida teenager has died...when other means of apprehension could have been...and should have been used.  The police in Miami Beach - like neighborhood watchman, George Zimmerman in the incident involving Trayvon Martin - could have...and should have handled the capture of Israel Hernandez-Llach...a lot differently.  If they had...another Florida teenager...wouldn't be dead.

     Meanwhile, city officials in Miami Beach say they have formally requested the Florida Department of Law Enforcement to review any findings from the police department's investigation.  Furthermore...the state attorney's office for Miami-Dade County is also conducting its own inquiry in to the death of Israel Hernandez-Llach.     

     It seems puzzling to me - not to mention, seriously uncomfortable - that several trained, armed police officers - who were presumably in better physical shape than Israel Hernandez-Llach - were unable to catch their suspect - a scrawnky kid who they outnumbered.  Now I understand...that in the world we live in today...police need to be extremely careful.  They never know who's got a loaded pistol strapped around an ankle...or shoved down their boxer briefs.  But let's have a little common sense.  Hernandez-Llach was a frightened teenager who weighed 140 pounds soaking wet.  Don't you think a couple of strong policemen - who, by the way, also carry guns with bullets - could have gently wrestled - or even, if necessary - tackled - Hernandez-Llach to the ground...without using force of an electrical stun gun? 

     Israel Hernandez-Llach had a can of spray paint in his hand - not a 357 Magnum.  Israel Hernandez-Llach was an artist - not a mass murderer...not a serial killer.  He was one credit short of graduating from Miami Beach High School...and was not a threat to anyone.  Israel Hernandez-Llach...didn't deserve to die.

     All it would have taken...was a few gallons of paint...to cover up the graffiti.  Instead...a family...now has to cover up a grave. 

     And that's The Controversy for today.

     I'm Gary B. Duglin.

     "We'll talk again."

The Controversy will make an effort to publish a new commentary every Sunday and Wednesday.  Unscheduled essays may appear, from time to time, on other days as well.

Please express your opinions in the comment box below.  You do not have to register your name and you can remain anonymous if you prefer.  The Controversy wants to know your views on the essay above and on any other commentaries written on this blog.  Just click on the word "Comments" below and write your thoughts in the box that appears.  Make sure please that when you finish your statement that you click on the word "Publish."  Thank you.

Copyright 2013 Gary B. Duglin and TheControversy.net.  All Rights Reserved.

WHY SHOULD ALEX RODRIGUEZ BE PUNISHED MORE SEVERELY THAN THE OTHERS WHO HAVE BASICALLY ADMITTED USING PERFORMANCE-ENHANCING DRUGS? HE SHOULDN'T.

     I certainly don't condone cheating of any kind...and using Performance- Enhancing Drugs is a form of cheating.

     I grew up as a New York Yankees fan.  "The Bronx Bombers" have always been my team.  I hearken back to the days when superstar Yankees such as Mickey Mantle, Whitey Ford, Bobby Richardson, Roger Maris, Elston Howard and many others who played in "The House That Ruth, Gehrig and DiMaggio Built"...would proudly wear those pinstripes...and there was never even an inkling of doubt...that their success on the field was due to true athleticism. There were no suspicions...of even a speck of connection...to anything resembling "Biogenesis."

     Since Major League Baseball made its announcement on Monday, August 5th, 2013...that Yankees slugger Alex Rodriguez would be suspended for the remainder of 2013 and throughout the 2014 season...for "using...(what MLB says was)...performance-enhancing drugs...and (for) covering up his transgressions while essentially obfuscating the investigation"...I've been giving a great deal of thought to the derogatory remarks that so-called "die-hard fans" have been making about "A-Rod."

     In addition to Rodriguez...12 other players were suspended on Monday.  But those dozen were benched for only 50 games.  Why should "A-Rod" be the..."chosen one"...to be axed for the rest of this year...and then...for all of next season?  Has Rodriguez done anything worse...than the other 12?
 
     Smack dab in my face...somebody blatantly blasted Rodriguez the other day...saying that he deserved a lifetime ban.  Why?  For what reason?  Why is the finger being pointed at the 38-year old third baseman...where he is being made an example of...and being punished more severely than anybody else who has basically admitted to using PEDs?  It boggles my mind that so many people are ready to take away "A-Rod's" bat and glove forever.

     It was February 2009 when Alex Rodriguez told ESPN that...over a three-year period - through the 2001, 2002 and 2003 baseball seasons - he used performance-enhancing drugs while playing for the Texas Rangers.  "I was stupid for 3 years.  I was very, very stupid.  I did take a banned substance.  And for that...I am very sorry and deeply regretful."  

     But has Alex Rodriguez used PEDs between 2004 and 2013?  Has "A-Rod" used anabolic steroids of any kind...since he has been wearing that famous "NY" logo of the New York Yankees?  What does Major League Baseball know that we are not yet privy to...and when will Commissioner Bud Selig tip his hand...and give a reason why he thinks he is justified to slap Rodriguez with a suspension of 211 games?

     I want proof from Commissioner Selig.  I want to know facts.  Has Alex Rodriguez been "doping" throughout the last 10 seasons?  Or is there evidence of something else that warrants Selig to penalize "A-Rod" for four times the amount of games than anybody else?

     Most of the other 12 ball players have apologized for using performance-enhancing drugs and all have accepted their 50-game vacation.  Rodriguez hasn't yet confessed to using any PEDs after 2003...but hasn't denied taking any banned substances either. So again...what is it that Bud Selig knows...that we don't know...and why is "A-Rod" being discriminated against...and being suspended for 211 games? 

     The Executive Director of the Major League Baseball Players Association, Michael Weiner...on Tuesday, August 6th, 2013...accused Commissioner Selig of being out of line and wrong...when referring to the suspension of Alex Rodriguez.  Interviewed on Dan Patrick's nationally syndicated radio broadcast...Weiner's words were direct and to the point.  "We feel what (Selig) did, frankly, was inappropriate and almost ridiculous.  Looking at the penalties that have been (given) out...and cases that have been decided by the commissioner's office along with the Players Association...nothing comes close to 211 games."  Weiner verbalized further - in a separate interview on Tuesday - that if MLB had offered a different deal to Alex...for a suspension of a certain amount of games...he should agree to it.  But Weiner wouldn't specify how many games he suggested.  "I don't want to give a number, but there was a number that I gave A-Rod and we advised him to take it."  The bottom line is...that the number Weiner had in mind for Alex...was never presented to Rodriguez.

     If the head of the Major League Baseball Players Association is willing to...stick his neck out...to help and defend Alex Rodriguez...then I've got to believe the harshness...of the MLB penalty...is not at all rational.  That being said, however...I do have to make a qualifying statement.  If for some reason...Commissioner Selig pulls a rabbit out of his hat...and reveals publicly...why Major League Baseball's ruling against "A-Rod" is well-founded and fair...then I have the right to change my mind.

     Unless...or until that happens...I will admire Alex Rodriguez for standing up for himself... appealing MLB's ruling...and fighting a battle when so many appear to be against him.  Rodriguez told reporters earlier this week, "I'm fighting for my life.  I have to defend myself.  If I don't defend myself...no one else will."  I say...more power to you, Alex.  And while Rodriguez does wait for his appeal..."A-Rod" will continue to wear the number 13...and play for the New York Yankees. 
 
     I have been speaking with numerous people this week - not to mention reading comments that are posted on the Web sites of many different news organizations - and I'm flabbergasted by the brutally nasty and malicious remarks...by those Americans who insist...that because Alex Rodriguez makes a considerably larger sum of money than the other 12 suspended players... that he should not be allowed on a baseball diamond for a longer period of time.  That makes no sense whatsoever.  He doesn't deserve to be penalized 211 games...when the others were only suspended 50 games.  "A-Rod" should in no way be scolded...chastised...and given the "heave-ho"...for any more time...than anybody else.

     If a poor man commits a heinous crime - such as murder, armed robbery, kidnapping, rape...just to name a few - and a rich man commits the same crime...the law doesn't send the man of wealth to prison for a longer sentence than the man whose bank account has fewer dollars.  In reality...the rich man may end up with a shorter time behind bars...because he was able to afford a better lawyer.  Theoretically, though...money should have no bearing on the sentence itself.  So why should Alex Rodriguez be reprimanded for 211 games...when 12 other players were only disciplined for 50 games?  Just because "A-Rod's" paycheck is fatter than all the other players...doesn't mean that Rodriguez is more guilty than any other Major League Baseball players... who have been implicated in...and who have acknowledged...a participation... with such improper behavior.

     Furthermore...why are so many baseball enthusiasts - including some Yankees fans - upset that Alex Rodriguez can play while he's appealing the decision to suspend him?  If a person is indicted for a crime - even murder...in some cases - the defendant can be released on bail.  In many instances - perhaps most - a person who is awaiting trial...is able to go freely about his business...work...play...and do whatever he wants...until he is either convicted or acquitted.  
  
     We can all admit that performance-enhancing drugs are bad.  They're bad for the body...bad for sports...bad all around.  Plus, we surely don't want any kids to think that it's okay to use any anabolic steroids - because it's not.  But whether Alex Rodriguez wins his appeal - or loses it...whether he doesn't play for 50 games - or 211...I can assure you...that when he steps up to the plate at Yankee Stadium...swings that big bat of his...and knocks the baseball 400 feet for a home run - which, let's face it...that's what he's paid to do - "A-Rod" is going to get the same cheers and applause that he has received throughout his entire career as a Major League Baseball player.  

     It's going to be rather tough - more than likely improbable...but obviously not impossible -  for the Yankees to even be in the play-offs this year...let alone The World Series.  But whether it be this October or next...if that "A-Rod" home run should come in the bottom of the 9th inning...of Game 7...of "The Fall Classic" of 2013, 2014, 2015 or whenever...thus giving the Yankees their 28th World Series championship...how many of you are going to be criticizing Alex Rodriguez?  Probably none of you.  If you're a Yankee fan...you'll be so happy...so jubilant...that the "Bombers" won...that you'll be giving "A-Rod" all the kudos you can dish out.

     Yankees fans - like fans of all teams - want their favorite club to win...to end up in the play-offs...and to ultimately face-off in the World Series.  And if Alex Rodriguez can help the New York Yankees win another pennant...and another World Series championship...then all of you who now claim you will boo Alex...will be rooting for him...as you have in the past.

     And that's The Controversy for today.

     I'm Gary B. Duglin.

     "We'll talk again."

The Controversy will make an effort to publish a new commentary every Sunday and Wednesday.  Unscheduled essays may appear, from time to time, on other days as well.

Please express your opinions in the comment box below.  You do not have to register your name and you can remain anonymous if you prefer.  The Controversy wants to know your views on the essay above and on any other commentaries written on this blog.  Just click on the word "Comments" below and write your thoughts in the box that appears.  Make sure please that when you finish your statement that you click on the word "Publish."  Thank you.

Copyright 2013 Gary B. Duglin and TheControversy.net.  All Rights Reserved.

A REPORTER'S BLOG GETS HER FIRED...BUT IN THE LONG-RUN COULD MAKE HER A FORTUNE

     You've heard me talk about it before - and more than once - and you'll continue to hear me say it again and again and again.  We...and when I say we, I mean Americans...are citizens of a nation of RIGHTS.  So then why are we learning of more and more people who are having their rights violated?

     Despite the fact that we apparently have these "rights"...we must still watch our every word when it comes to what we say...or write... about anyone who may have an influence or an affect of any kind...on our lives.

     Watch what you say about your boss when discussing your employers on Facebook or in any other form of social media.  And be careful of what you chat about or bang out on the keyboard of your computer...in a blog or other Internet Web site...as you never know what the powers-that-be of your company might think are offensive towards others.  

     Employers will find a way to fire you...even though by law...without "just cause"...they really can't.  The following is a case in point.

     Until recently...the name...Shea Allen...was unknown to television viewers...except those in the Huntsville, Alabama area.  But now...the name... Shea Allen...has made national headlines.

     Allen was a special investigations reporter for WAAY-TV, Channel 31...the ABC affiliate in Huntsville.  I say "was"...because on Friday, July 26th, 2013... Allen was fired by the station's head honchos...after she posted a blog whereby she unveiled some personal "confessions."   

     Confessions Of A Red-Headed Reporter revealed a list of 10 secrets about Allen's job as a broadcast journalist.  And although Allen believed her blog was written in good fun...the station management didn't appreciate her comments...or find her remarks amusing in any way.  She was, therefore, given the ax three days after she published her thoughts on-line.

     After taking her blog off-line...which she was asked to do by her employer...Allen decided an hour later to re-launch it with a new title - No Apologies: Confessions Of A Red-Headed Reporter...and she stated that "This post was taken down because I was momentarily misguided about who I am and what I stand for.  To clarify, I make no apologies.  I've vowed to always fight for the right of free expression.  It's allowed...no matter what the profession."

     For those of you who didn't see Shea Allen's blog or read any part of her 10 confessions...the two-time Associated Press nominee admitted going "bra-less during a live broadcast"... "taking naps in the news car"...and "stop(ping) recording" when interviewing someone who is "rambling."  Allen also joked that she "hates the right side of her face" and that her "best sources are the ones who secretly have a crush" on her.  And she quipped that she is "better live" when she has "no script and no idea what (she's) talking about."  As for the most controversial of her one-liners, Allen poked fun at "old people" saying she is "frightened" of them and that she "refuses to do stories involving them or the places they reside."

     Allen feels her blog entries were meant to be "funny," "satirical" and "cynical"...and she never expected to lose her job for writing what she did.  She told Inside Edition that "Management has always asked us to put a slice of our personal life out there and that's all I was really trying to do."

     In an era where computer technology and social media give millions and millions of Americans the opportunity - for whatever their reason - to spill their guts out about everything from problems at their jobs to their most intimate of sexual fantasies...Shea Allen's termination from her place of employment is perhaps a warning to everyone...to be aware that "big brother" - whomever he may be - is always on the lookout.  That being said...why should any of us be fearful to speak our minds (within reason, of course) - verbally or in writing - when the First Amendment of the Constitution of the United States of America thankfully gives us that "right?"  Yes...I used that word again.

     As for Shea Allen...she is protected by the same free speech clause as everybody else.  But the muckety-mucks at the television station...for which she was working...obviously can decide who they want to employ to represent them.  If Allen, however, has access to a strong attorney with knowledge of labor laws...she will probably be able to put up a good fight that she was dismissed without "just cause."  

     I don't agree with the television station's decision to fire Shea Allen...as her blog was not terribly offensive.  There was no bigotry...no racism...no profanity...nothing that should have really flipped the lids of the executives at WAAY-TV.  And except for possibly the insensitive remark about senior citizens, which could be perceived as crossing the line with regards to respect...and that probably deserved an apology...plus a mention that she has "stolen mail and then put it back... maybe" - which I've got to believe was stated with humor...Shea Allen's blog posting was not a big deal in the grand scheme of things.  Quite frankly...I think the station's overly conservative chieftains...over-reacted.

     Was Shea Allen wrong in posting at least some of her "confessions?"  I won't go as far to say that she was wrong.  As a journalist myself...I will say that publishing such comments is not something I would do on my blog...but Allen had the "right" to post her innermost feelings on her own personal Web site.  After all, she supposedly writes her blog entries on her own time...and she was not speaking on behalf of the television station.  Furthermore...Shea Allen said nothing illegal...nothing threatening...nothing that anyone could say was against the law.  The whole issue of her firing is ridiculous.

     If the station believed a heart to heart talk with Shea Allen was necessary...I could understand such action - even though I feel she had the "right" to express herself as she did.  But Allen is young and somewhat inexperienced and maybe a bit of mentoring would have been a more appropriate course to take.  However, as with many other issues in life... money talks.  And it seems apparent to me that Allen's former employer is merely throwing its weight around because the station's conservative viewers and conservative advertisers made a stink.  And without an audience and without sponsors...the business has no revenue.

     Whether Shea Allen has a legal case or not...and whether the television station involved settles with her out of court...or fights tooth and nail to not pay her a dime...I can assure you that Shea Allen is going to come out a winner in the end...and she'll wind up making a bundle of bucks.

     The likelihood is that Shea Allen will file a law suit against the company that owns WAAY-TV and...and although I'm not a lawyer...I think she stands a good chance that a jury will award her for being fired without "just cause"...or she'll get a better job at a bigger station - or perhaps with a cable network...or she'll write a book and sell millions of copies because - with the proper marketing - there are definitely people in this country (and elsewhere) who will buy it.  So anyway you look at it...Shea Allen will come out ahead...and on top.  Who knows?  Getting fired just might be the best thing that ever happened to Shea Allen.

     And that's The Controversy for today.

     I'm Gary B. Duglin.

     "We'll talk again."

The Controversy will make an effort to publish a new commentary every Sunday and Wednesday.  Unscheduled essays may appear, from time to time, on other days as well.
 

Please express your opinions in the comment box below.  You do not have to register your name and you can remain anonymous if you prefer.  The Controversy wants to know your views on the essay above and on any other commentaries written on this blog.  Just click on the word "Comments" below and write your thoughts in the box that appears.  Make sure please that when you finish your statement that you click on the word "Publish."  Thank you.

Copyright 2013 Gary B. Duglin and TheControversy.net.  All Rights Reserved.