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.
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
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
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
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
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
"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/
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
Three different legal actions were filed Tuesday, said Joseph Rago, a
The suit opposes
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
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
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,"
Eugenio Sgro, consul general of
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
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,
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
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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