Wednesday, November 15,

Judge Tells Italian Americans to "Fuggedaboudit" : Show to Go On- - The Law is an Ass

The ANNOTICO Report

 

The Freedom of Speech is an Enormously Important cornerstone of Democracy, and is Zealously Defended.

However it is Not an ABSOLUTE Right. BUT the Courts are LOATHE to Institute PRIOR RESTRAINT.

The Courts feel that IF there is a Defamation or Harm, that a Suit for Money Damages is the Remedy.

 

Illinois, however has a piece of Legislation that I believe is unique in the 50 States.

 

Article 1, Section 20 of the Illinois Constitution, provides:

 

Individual Dignity.  To promote individual dignity, communications that portray criminality, depravity or lack of virtue in,  a  group of persons by reason of or by reference to religious, racial, ethnic, national or regional affiliation are condemned.

Therefore, Theodore W. Grippo, of Grippo & Elden LLC; also the President, of AIDA (The American Italian Defense Association) a continuing and stalwart Defender of Italian American Dignity, felt cautiously optimistic.

He argued: "If negative stereotyping and defamation of various groups, be they black, Jews or Christians, and in this case, Italian Americans, is to ever be eliminated, we cannot tolerate our public schools becoming the incubator for such intolerance". "Please do the right thing, follow our  Constitution, cancel the play"

Jesse Ruiz, Chairman of the Illinois State Board of Education. in an appeal to the School,  wrote: "While I do appreciate the right to free expression,I strongly encourage you, your district, and the staff and students within your district to ensure that such right is exercised judiciously and with compassion for the feelings and respect for the heritage of all of the members of the Batavia community."

Jesse Jackson,Rainbow/PUSH Coalition founder wrote in his letter to school officials: "We are sincerely asking that you rethink the production of this theatrical piece so that the message portrayed may reflect a more positive image of Italian-Americans,"
Jackson was out of town and unavailable for further comment Tuesday, said spokesman Jerry Thomas.


Eugenio Sgro, consul general of Italy in Chicago, also wrote to school officials, calling the play reprehensible and suggesting the school replace it with one that highlights the accomplishments of Italian-Americans, according to Dominic DiFrisco, president of the Joint Civic Committee of Italian Americans.

The ADL was conspicuous and notable in its absence. We are there when you ask, Abe Foxman. Where were you??????

Despite the Arguments and Support, U.S. District Court Judge John Grady refused to issue a temporary restraining order or a preliminary injunction to prevent Rotolo Middle School's production of "Fuggedaboudit: A Little Mobster Comedy."

Grady, who said he HAD NOT READ THE PLAY, ruled that free speech trumped any alleged harm to the plaintiffs.

The judge also said he failed to see how the plaintiff, a 12-year-old pupil at the middle school, was harmed, because it was not shown that the boy was in the same class of people as those depicted in the play.

"Does this play communicate to a rational person that all Americans of Italian descent are members of the Mafia or have criminal inclinations?" Grady asked.

"I have difficulty with the notion that this young plaintiff is, for purposes of today's discussion, in the same class as 12 or so adults depicted in the play," the judge later said.

Charles Dickens in Oliver Twist. said: If the law supposes that, THE LAW IS AN ASSa idiot.  I wish the eye of the law may be opened by experience... 

[Below are two Articles from Today's Chicago Tribune. One before, the other after the Decision

 

Judge to Critics of Play: Fuggedaboudit

A Video News Clip is available , if you click on URL at bottom of Article:

Chicago Tribune

By Jeff Coen
Tribune staff reporter

November 15, 2006

A federal judge today turned down a request by a coalition of Italian-American groups to block the opening of a Batavia middle school play about the Mafia.

U.S. District Court Judge John Grady refused to issue a temporary restraining order or a preliminary injunction to prevent Rotolo Middle School's production of "Fuggedaboudit: A Little Mobster Comedy."

Grady, who said he had not read the play, ruled that free speech trumped any alleged harm to the plaintiffs.

The judge also said he failed to see how the plaintiff, a 12-year-old pupil at the middle school, was harmed, because it was not shown that the boy was in the same class of people as those depicted in the play.

"Does this play communicate to a rational person that all Americans of Italian descent are members of the Mafia or have criminal inclinations?" Grady asked.

"I have difficulty with the notion that this young plaintiff is, for purposes of today's discussion, in the same class as 12 or so adults depicted in the play," the judge later said.

Anthony Scariano, lawyer for the Batavia schools, argued that the play was not offensive.

"The only two clowns in the play are the American FBI agents who can't get a body recording right," Scariano said.

The judge, Scariano said after the court hearing, "knew what the i s! sues were immediately, and he's not going to restrain the freedom of speech for putting this play on or the playwright's right to have this play performed on the basis of claims that its stereotypes Italian Americans in a pejorative way."

The plaintiff's attorney, Joseph Rago, told reporters, "Basically, we're talking about a situation where very impressionable young children are going to be exposed to this material. It's our position that it's harmful and it's offensive, and it's harmful and offensive to everybody."

The uproar over the play began when the plaintiff's mother, Marina Amoroso-Levato, read the "Fuggedaboudit" script and contacted the Sons of Italy, the nation's oldest and largest Italian heritage organization.

"I'm not pleased," Amoroso-Levato said of Grady's ruling. "I think the play was a total, from cover to cover, annihilation of Italian-Americans ... If the judge didn't see that, it's unfortunate."

Three different legal actions w e! re filed Tuesday by groups opposed to the comedy on the grounds that it uses taxpayer dollars to cast Italian-Americans in a racially insensitive light.

The coalition also alleged that what it calls the play's offensive stereotypes are particularly harmful to impressionable middle-school pupils.

School officials have defended the play, saying it sends a positive message of racial tolerance.

The play is scheduled to begin Friday with a performance during school hours. It is to be performed again Friday and Saturday evenings.

http://www.chicagotribune.com/news/

custom/newsroom/chi-061115play-ruling,        

1,7947379.story?coll=chi-news-hed&ctrack=1&cset=true

 

 

Groups move to put school play out of business

Chicago Tribune

By Kate Hawley
Special to the Tribune
November 15, 2006

Several days before a Batavia middle school comedy about the Mafia is scheduled to open, a coalition of Italian-American groups went to federal court to stop the production.

Three different legal actions were filed Tuesday, said Joseph Rago, a Geneva attorney representing the groups: a request for a temporary restraining order, a motion for a preliminary injunction, and a civil rights lawsuit.


The suit opposes Rotolo Middle School's production of "Fuggedaboudit: A Little Mobster Comedy," on the grounds that it uses taxpayer dollars to cast Italian-Americans in a racially insensitive light, Rago said.

The coalition also alleges that what it calls the play's offensive stereotypes are particularly harmful to impressionable middle school pupils.

School officials have steadfastly defended the play, saying it sends a positive message of racial tolerance.

The suit names Batavia School District 101, the Batavia School Board ,! district school Supt. Jack Barshinger, Rotolo Principal Donald McKinney, and drama and communications teacher Matthew Myers, who wrote the play.

U.S. District Court Judge John Grady likely will rule on the restraining order motion by Thursday, Rago said.

The play is scheduled to begin Friday with a performance during school hours. It is to be performed again Friday and Saturday evenings.

If the play goes forward Friday, there may be a demonstration against it, said Anthony Baratta, president of the Illinois chapter of the Order Sons of Italy in America, one of several groups that have banded together.

O! n Tuesday, the groups announced they have garnered the support of high-profile leaders, including civil rights activist Rev. Jesse Jackson, the consul general of Italy and the head of the Illinois State Board of Education.

"We are sincerely asking that you rethink the production of this theatrical piece so that the message portrayed may reflect a more positive image of Italian-Americans," Jackson wrote in a letter to school officials dated Nov. 13.

Jackson was out of town and unavailable for further comment Tuesday, said Rainbow/PUSH Coalition spokesman Jerry Thomas.

Eugenio Sgro, consul general of Italy in Chicago, also wrote to school officials, calling the play reprehensible and suggesting the school replace it with one that highlights the accomplishments of Italian-Americans, according to Dominic DiFrisco, president of the Joint Civic Committee of Italian Americans.

A gentler nudg e! came from Jesse Ruiz, chairman of the Illinois State Board of Education.

"While I do appreciate the right to free expression," Ruiz wrote in a Nov. 13 letter, "I strongly encourage you, your district, and the staff and students within your district to ensure that such right is exercised judiciously and with compassion for the feelings and respect for the heritage of all of the members of the Batavia community."

School officials declined to discuss the play or its content because of the pending litigation, and attorneys for the school did not immediately respond to a request for comment.

A script released by the Sons of Italy last week indicates the play is the story of two brothers, Joey and Gino Caprese, who are opening an Italian restaurant. Their customers include two mobsters w h! o are inspired to do something good after being on the take for so long.

In defending the play, McKinney and Barshinger have cited the 1st Amendment right to free speech.

They've also argued that the play teaches students not to judge others based on appearances.

The uproar over the play began when Marina Amoroso-Levato, whose 12-year-old son attends Rotolo Middle School, read the "Fuggedaboudit" script and contacted the Sons of Italy, t h! e nation's oldest and largest Italian heritage organization.

The coalition contends that stereotypical TV and movie portrayals of Italian-Americans as criminals have a direct and harmful impact on the Italian-American community

http://www.chicagotribune.com/news/

local/mchenry/chi-0611150069nov15,1,718569.story

 

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