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Posts Tagged ‘RESTAURANTS’

WHEN VIRUS (COVID) MEETS ARROGANCE (MUNI)

In Bureaucracy, Business, History, Medical, Politics, Social commentary on August 2, 2021 at 12:57 am

The San Francisco Municipal Railway (MUNI) is the public transit system for the city and county of San Francisco, California.

In 2018, MUNI, with a budget of about $1.2 billion, served 46.7 square miles. It is the seventh largest transit system—in terms of ridership—in the nation.

Its drivers are the highest-paid bus drivers in the nation—making on average $79,617. That’s 51% above the national average bus driver salary of $52,730.

Muni | SFMTA

So what are San Francisco residents getting for all those expenses?

Far less than they deserve.

Since the Coronavirus plague hit San Francisco in early March, 2020, MUNI has:

  • Offered fewer bus routes
  • Made it impossible to guess when and where a bus will stop
  • Drastically reduced the number of buses and
  • Scrapped its underground lines altogether.

What does all this mean?

Of MUNI’s 89 routes, all but 17 were eliminated.

MUNI claimed that the cuts were made to allow for increased social distancing on the most vital routes. How riders were supposed to increase social distancing on fewer buses was not explained.

Muni Service Changes 2.0 Start Saturday | SFMTA

A MUNI bus

The 38 Geary bus line—which travels east and west—is the most heavily-traveled route in the city. In pre-COVID times, these buses were packed, often with passengers standing close together in the aisles after all available seats were taken.

Loudspeakers aboard MUNI buses regularly tell passengers to socially distance from each other—that is, put at least six feet between themselves and their fellows.

But with far fewer buses running, MUNI passengers can’t be sure when—or if—the next one will arrive when they need to catch it.

So residents scramble aboard, en masse, the first bus that shows up.

This makes social distancing impossible on most rides. 

SARS-CoV-2 without background.png

Cooronavirus

MUNI loudspeakers also tell passengers “You must wear a mask to board MUNI.” And most passengers do wear a mask when they board.

But not all of them do—especially those who board through the rear doors, out of sight of the driver far up in front. 

Even when passengers wear masks, they often do so just under their nose or chin—meaning they can sneeze or cough potentially lethal germs on anyone sitting near them.

Another drawback to riding MUNI: Buses don’t always stop when you pull the “Stop” cord. 

Suppose you’re a senior, or disabled, or have a couple of bags of groceries you need to lug up to your apartment. Suppose you board the 49 Van Ness at Sutter Street.

The 49 boards at Sutter, but it stops only at Jackson Street.

So you pass

  • Bush,
  • Pine,
  • California,
  • Sacramento,
  • Washington and
  • Clay 

before you reach Jackson.

And if your apartment lies somewhere between Sutter and Jackson, you’re going to have to forego MUNI and walk north to it, or get off at Jackson and walk south to it.

As if all this wasn’t confusing enough, MUNI has changed many of its bus stops. The 27 Bryant which used to stop at 9th and Bryant no stops at 9th and Folsom—two blocks north. Naturally, there is no sign posted at the former stop to warn passengers of this change.

Besides making its above-ground routes needlessly complicated and even dangerous, MUNI  eliminated its underground routes. 

These featured fewer stops over longer distances, thus reducing the amount of time you had to be on board.

MUNI’s official reason for this: To protect its drivers from the dangers of COVID-19.

Meanwhile, the Bay Area Transit System (BART) which serves cities well beyond San Francisco, continued to use its network of underground and above-ground stations.

No one at MUNI has explained why its drivers couldn’t do what BART’s did for the last year.

Meanwhile, city officials—specifically, the Mayor and Board of Supervisors—are relentlessly pushing to make San Francisco “car-unfriendly.”

San Francisco City Hall 2.JPG

San Francisco City Hall

Sanfranman59, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0&gt;, via Wikimedia Commons

This has long been their goal. And COVID-19 has made it possible for city leaders to aggressively pursue it under the guise of helping restaurants.

Countless spots that once were reserved for parking have been turned into outdoor dining sites. This seems to makes sense for restaurants, which have taken a beating since indoor dining was banned due to COVID. 

But outdoor dining isn’t as safe as many people think.

Sure, you and the person(s) you’re eating with may not be COVID-infected. But what about the people at the packed table just a couple of feet away from you?

And what about the pedestrians who often must walk between unmasked diners on either side of a sidewalk?

Finally: There is the constant danger of a car crashing into one of these outdoor sites—which usually protrude from the sidewalk.

Offering a mixture of incentives and deterrents has long been a preferred method for winning compliance. In Mexico, this has been famously termed “Pan o palo” (“bread or the stick”).

San Francisco has chosen to offer a sticks-only policy:

  • Allow its bus service to treat its patrons with infuriating contempt; and
  • Make it ever harder for residents and tourists to use private automobiles to reach their destinations.

It’s a recipe guaranteed to cost the city dearly—in both residents and tourists.

THE WHEELS ON THE BUS GO NOWHERE

In Bureaucracy, Business, History, Medical, Politics, Social commentary on March 3, 2021 at 12:39 am

The San Francisco Municipal Railway (MUNI) is the public transit system for the city and county of San Francisco, California.

In 2018, MUNI, with a budget of about $1.2 billion, served 46.7 square miles. It is the seventh largest transit system—in terms of ridership—in the nation.

Its bus drivers are the highest-paid bus drivers in the nation.

The average MUNI driver makes $79,617, 51% above the national average bus driver salary of $52,730.

This pay is 27% higher than the combined average salaries of drivers in Dallas, Boston and Atlanta.

Muni | SFMTA

And yet: What are San Francisco residents getting for all that money being paid out?

Far less than they deserve.

Since the arrival of the Coronavirus plague in San Francisco in early March, 2020, MUNI has:

  • Offered fewer bus routes
  • Made it impossible to guess when a bus will stop
  • Reduced the number of buses and
  • Scrapped its underground lines altogether.

What does all this mean?

It means that, of MUNI’s 89 routes, all but 17 have been eliminated.

MUNI claimed that the cuts were made to allow for increased social distancing on the most vital routes. How riders were supposed to increase social distancing on fewer buses was not explained.

Muni Service Changes 2.0 Start Saturday | SFMTA

A MUNI bus

The 38 Geary bus line—which travels east and west—is the most heavily-traveled route in the city. In pre-COVID times, these buses were packed, often with passengers standing close together in the aisles after all available seats were taken.

Loudspeakers aboard MUNI buses regularly tell passengers to socially distance from each other—that is, put at least six feet between themselves and their fellows.

But with far fewer buses running, MUNI passengers can’t be sure when—or if—the next one will arrive when they need to catch it.

So residents don’t hesitate: They scramble aboard, en masse, the first bus that shows up.

This makes social distancing impossible on most rides. 

SARS-CoV-2 without background.png

Cooronavirus

MUNI loudspeakers also tell passengers “You must wear a mask to board MUNI.”  And most passengers do wear a mask when they board.

But that doesn’t mean all of them do—especially those who board through the rear doors, out of sight of the driver way up in front. 

Even when passengers wear masks, they often do so just under their nose or chin—meaning they can sneeze or cough potentially lethal germs on anyone sitting near them.

Another drawback to riding MUNI: Buses don’t always stop when you pull the “Stop” cord. 

Suppose you board the 49 Van Ness at Sutter Street. Now suppose you’re a senior, or disabled, or have a couple of bags of groceries you need to lug up to your apartment. 

The 49 boards at Sutter, but it doesn’t stop until it reaches Jackson Street—which means you pass Bush, Pine, California, Sacramento, Washington and Clay before you reach Jackson.

And if your apartment lies somewhere between Sutter and Jackson, you’re going to have to forego riding MUNI and walk north to it, or you’re going to have to get off at Jackson and walk south to it.

Not content with making above-ground routes needlessly complicated and even dangerous, MUNI has eliminated its underground routes. 

These featured fewer stops over longer distances, thus reducing the amount of time you had to be on board.

MUNI’s official reason for this: To protect its drivers from the dangers of COVID-19.

Meanwhile, the Bay Area Transit System (BART) which serves cities well beyond San Francisco, continues to use its network of underground and above-ground stations.

No one at MUNI has yet explained why its drivers can’t do what BART’s have done for the last year.

And while all this is going on, city officials—specifically, the Mayor and Board of Supervisors—are relentlessly pushing to make San Francisco “car-unfriendly.”

San Francisco City Hall 2.JPG

San Francisco City Hall

Sanfranman59, CC BY-SA 3.0 <https://creativecommons.org/licenses/by-sa/3.0&gt;, via Wikimedia Commons

This has long been their goal. And COVID-19 has made it possible for city leaders to aggressively pursue it under the guise of helping restaurants.

Countless spots that once were reserved for parking have been turned into outdoor dining sites. This seems to makes sense for restaurants, which have taken a beating since indoor dining was banned due to COVID. 

But outdoor dining isn’t as safe as many people think.

Sure, you and the person(s) you’re eating with may not be COVID-infected. But what about the people at the packed table just a couple of feet away from you?

And what about the pedestrians who often must walk between unmasked diners on either side of a sidewalk? 

Offering a mixture of incentives and deterrents has long been a preferred method for winning compliance. In Mexico, this has been famously termed “Pan o palo” (“bread or the stick”).

San Francisco has chosen to offer a sticks-only policy:

  • Allow its bus service to treat its patrons with infuriating contempt; and
  • Make it ever harder for residents and tourists to use private automobiles to reach their destinations.

It’s a recipe guaranteed to cost the city dearly—in both residents and tourists.

THE CHANGED FACE OF SAN FRANCISCO: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 3, 2020 at 12:25 am

San Francisco has long been one of the most-loved cities in the United States.

Millions of tourists—from both other parts of the United States as well as around the world—visit this city every year to ride its famous cable cars and dine in its magnificent restaurants.

To visit the ruins of its infamous prison, Alcatraz, eat Ghiradelli ice cream in Ghiradelli Square and buy souveniers at nearby Fisherman’s Wharf. 

San Francisco Cable car

Thomas Wolf, http://www.foto-tw.de / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0)

But San Francisco today is not the city it has long been renowned for.

Its major tourist spots are deserted. Its sidewalks are largely free of pedestrians. Many of its best-known stores have been shuttered since mid-March—and many of them may never reopen owing to the financial losses they have incurred.

Its world-famous restaurants no longer offer in-house dining—only take-out or home delivery.

Many of its bus routes have been eliminated. With so many people “sheltering-in-place” in their apartments or houses, the passengers that once carried those routes have largely disappeared. 

On March 16, the San Francisco Department of Public Health imposed a shelter-in-place order on city residents. This required them to stay home except for essential needs such as shopping for groceries, getting medications, caring for others and exercising.

The goal of the order: To halt—or at least diminish—the spread of COVID-19.

SARS-CoV-2 without background.png

Coronavirus

The order banned activities considered non-essential: Going to bars, barbers and dinner parties. 

Many restaurants offer their fare via Grubhub, Doordash, Caviar or Uber Eats. Some restaurants—notably pizza parlors—use their own employees to deliver food.

This, in turn, demands that potential customers have not only a computer but Internet access. It also demands that they be willing to pay a higher price for food than would be the case if they could dine in.

Another drawback: Choosing what items to order from many restaurants is like choosing what to order in the military: You either accept what they offer—or you do without. Forget about substitutions or additions. 

Outdoor exercise is allowed, but gyms are closed.

Some businesses were deemed essential. Among these: Grocery stores, hardware stores, hospitals, drugstores, laundromats, funeral parlors, gas stations, airlines, taxis, rental car companies, childcare facilities, rideshare services. 

The effect of the shutdown order on businesses has been devastating.  

Walk along Market Street—the city’s best-known site for marches and storefronts—and you’ll find store after store not only closed but boarded up. The same for Powell Street, a major tourist magnet.

People are on edge right now': San Francisco businesses boarding ...

The city’s internationally famous cable car lines have all been shut down. With “social distancing” the new Golden Rule, cramming people onto small cable cars is no longer an option. 

Taxis are still available—but cab drivers have found business difficult to come by, with so many people staying indoors.

The order allowed most marijuana dispensaries to remain open. Bookstores, on the other hand, were ordered closed—and remain so more than two months later. 

So businesses selling toxic “medical marijuana” are considered essential. But if you want to buy a copy of Moby Dick at your local bookstore, you’ll have to do it online. 

Many businesses started boarding up in April. The reason: Fears that Coronavirus-inspired shortages of items like toilet paper, meat and hand sanitizer might lead to wholesale looting. 

Then, on May 25, as if facing a deadly pandemic wasn’t enough of a threat, a new and unexpected reason for fear emerged: The killing of George Floyd, a former black security guard, in Minneapolis, Minnesota.

While Floyd was handcuffed and lying face down on a city street during an arrest, Derek Chauvin, a white Minneapolis police officer, kept his knee on the right side of Floyd’s neck for eight minutes and 46 seconds.

Video shows Minneapolis cop with knee on neck of George Floyd, who ...

The death of George Floyd

Across the nation, cities were convulsed by protests—including those in the San Francisco Bay Area. Among these: Oakland, San Jose, Emeryville, Walnut Creek and San Francisco itself.

On May 30, an initially peaceful protest march exploded into looting shortly before 9 p.m. as looters broke off and began smashing shop windows and ransacking stores in Union Square and on Market Street.

Among stores looted: A Sak’s Off Fifth Avenue, Old Navy clothing store, a Cartier Boutique, a Coach store. Looters especially targeted CVS and Walgreens drugstores. Liquor stores and a BevMo were also hit.

“Thirty businesses were looted or destroyed,” said David Perry, from Union Square Business Improvement District. A total of 33 arrests were made for “criminal activity.”

That night, San Francisco Mayor London Breed announced that she would impose a citywide curfew beginning May 31, running from 8:00 p.m to 5 a.m.

On the night of May 31, 87 people were arrested for violating the city’s curfew. 

Left unstated by city authorities—within San Francisco and across the nation—was this: With so many people massing in streets, many of them unmasked, would this spread COVID-19 even further?

Northern California—and San Francisco in particular—have closely cooperated with “stay-at-home” orders. As a result, COVID-19 cases have remained relatively stable in those areas.

But the street demonstrations may well reverse the results of those months of self-discipline. The truth will be known only weeks from now.

THE CHANGED FACE OF SAN FRANCISCO PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on June 2, 2020 at 12:05 am

Want to play a new game? Come to San Francisco and play “Count the Stupids.”

Just walk down any major street during a pandemic that’s killed more than 100,000 Americans and count:

  • The people who refuse to wear face masks;
  • The people wearing face masks below their noses;
  • The people wearing face masks around their necks like bandannas. 

On some days—depending on how far you walk—you might spot 10 to 60 or more such people. 

Those who wear masks below their nose negate the purpose of wearing a mask. If they have COVID-19 and sneeze on someone else who’s not wearing a mask, that person is going to be stricken. And if someone who’s also not wearing a mask sneezes or coughs on them, they will be infected.

Coronavirus prevention: Can using a mask help in eliminating COVID ...

Face masks

Many of those wearing masks as bandannas are smoking. Clearly they value getting their intake of cancer as more important than protecting themselves against a deadly virus. Many mask-less men sport heavy beards—which would make a mask impossible to seal properly.

And as for complying with social distancing requirements that put at least six feet between people: Countless people casually pass others only inches away without any apparent concern—for their own safety or that of others.

On May 28, San Francisco Mayor London Breed announced that a new policy would take effect the next day: 

San Francisco will enforce the wearing of masks or face coverings when people leave their home and are within 30 feet of anyone that doesn’t live in their household.

That includes when you’re waiting in line to go into a store and when you’re inside shopping. A mask or face covering will not be needed when: 

  • You’re in a car by yourself;
  • You’re with people you live with;
  • You’re picnicking with members of your own household and are more than six feet from other groups;
  • You’re walking, hiking, running or biking alone or with people you live with.

Even then, you should still have a mask or face covering on hand.

Of course, that will require police to enforce the new ordinance. This in a city where police have refused to crack down on “homeless” encampments—and their piles of feces, hypodermic needles and trash.

For all the kudos offered city residents by Mayor Breed for complying with social distancing, the blunt truth remains that many of them do not. And the fact that Breed felt forced to legally require citizens to wear face masks is a telling point in its own right.

But to return to life in San Francisco in the Age of COVID-19: 

Civic Center—which lies directly across from City Hall—might better be renamed COVID-19 Center. Once it housed farmers markets and offered easy access to the Civic Center BART (Bay Area Rapid Transit) station. 

Today it is fenced off and serves as shelter for countless “homeless” tents—and all the drugs, trash, alcohol, feces and hypodermic needles that come with this population.

Controversial San Francisco homelessness tax passes

Tent “city” in San Francisco

Of course, Civic Center isn’t the only place in San Francisco where you’ll find huge tents occupied by DDMB’s—Druggies, Drunks, Mentally Ill and Bums. 

Walk down almost any major sidewalk and odds are you’ll find your path blocked by one or more huge tents able to house two to four people. 

If you’re in a wheelchair or elderly or on crutches, you’ll likely be forced to step into the street or cross the street to continue your journey. 

If you call the police on your cell phone, expecting them to remove the tents, you’re in for a big surprise. In bum-loving San Francisco, that sort of action is no longer handled by police. 

Instead, they’ll refer you to a “help-the-homeless” agency that specializes in defending the rights of DDMBs over those of law-abiding, tax-paying San Francisco residents.

The “homeless problem” has become so outrageous in San Francisco that Hastings College of the Law—one of the foremost law schools in the nation—recently filed a lawsuit against the city “to end dangerous and illegal conditions in the Tenderloin neighborhood.” 

Among its goals: To compel the City

  • To clear sidewalks to allow unfettered safe passage for neighborhood residents and workers; and
  • To provide healthy and safe solutions for “homeless” people who now use sidewalk encampments as their residence.

And when it comes to public transit: Forget about using the underground stations of the Municipal Railway (MUNI) bus system. Those have been closed since March—allegedly to protect riders and drivers from COVID-19. 

Inbound T Third train at Church station, September 2017.JPG

MUNI underground station

Pi.1415926535 / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0

MUNI, which serves only San Francisco, has 4,800 employees and an annual budget of $1.28 billion.

The Bay Area Rapid Transit (BART) system serves 33 cities and has an annual budget of $2.3 billion. 

Yet BART, which uses many of the same stations is still providing railway service throughout northern California.

MUNI refuses to say why BART has managed to provide service for its passengers—while MUNI has made transit far more complex and time-consuming for its own.

PAULA DEEN’S REAL LAGACY: PART THREE (END)

In Bureaucracy, Business, Law, Social commentary on April 16, 2014 at 12:38 am

In 2012, Celebrity Chef Paula Deen was sued by a former employee for sexual/racial harassment. For Deen, the deposition she filed in May, 2013, proved to be the worst mistake of her life.

Interrogated by Matthew C. Billips, the attorney for the plaintiff, Lisa Jackson, Deen responded as follows:

Q.  Are you aware of [your brother, Earl “Bubba” Hiers] admitting that he engaged in racially and sexually inappropriate behavior in the workplace?

A.  I guess. Q.  Okay.

A.  If I was sitting here I would have heard it.

Mistake #13:  She admits once again to having been apprised of her brother’s offensive behavior.

Earl “Bubba” Hiers

Q.  Okay.  Well, have you done anything about what you heard him admit to doing?

A.  My brother and I have had conversations.  My brother is not a bad person.  Do humans behave inappropriately?  At times, yes. 

I don’t know one person that has not.  My brother is a good man.  Have we told jokes?  Have we said things that we should not have said, that–yes, we all have.  We all have done that, every one of us.

Mistake #14:  She admitted to having talked with her brother about his offensive behavior–but she did not say she did anything to stop it or punish him for it.

Q.  You said you have had such conversations with [your brother]. When did you do so?

A.  When Karl told me he was stealing, I addressed that with Bubba.

Q.  And as a result of Mr. Hiers stealing, he received a pay increase and the money he had taken was recharacterized as wages, is that correct?

A.  I don’t know how it was settled.  I know that Karl was paying Lisa Jackson more than my brother was being paid, so if there was a salary increase, it would have been long overdue.

Mistake #15:  She admitted that even though she learned that one of her employees was stealing from her, she had nevertheless retained him. 

Speaking of her employee, Karl Schumacher, Deen said:

A.  Karl is the most judgmental person I know.  And out of every team member on our team, he is certainly the most prejudice.

Mistake #16:  She admitted that she had retained an employee who was openly prejudiced toward a wide range of people.

MackWorks, a business consulting firm, conducted an investigation of Uncle Bubba’s, which was owned by her brother, Earl “Bubba” Hiers. A

I didn’t read the report.

Q.  Okay.  And what, if any, investigation have you done to determine if it is your brother who is lying, as opposed to Miss Jackson and Mr. Schumacher and the people at MackWorks?

A.  I know my brother.  I know his character.  If I ask him something, he would not lie to me, nor would I to him.  There was nothing to investigate.

Mistake #18:  After an independent consulting firm gives her a scathing report about her brother’s restaurant, she didn’t read it.  

Mistake #19:  She admitted she didn’t read it.

Mistake #20:  She admitted she took no action to discover the truth for herself: “There was nothing to investigate.”

* * * * *

The media has focused its attention on Deen’s admission to having used the “N-word.”

  But clearly she was running a dysfunctional operation–replete with alcoholism, racial prejudice, sexual harassment and theft.

Much has been made of Deen’s serving as an ambassador of Southern culture and cooking.

But if only some of the accusations made against her hold up, she must also serve as an ambassador of a South decent Americans want to forget–and forever put behind them.

That was definitely an era when blacks knew their place–which was as slaves in the kitchens or fields of the Southern planter class who owned them.

According to Jackson, those are the days Deen would love to return to.

Deen has given lip service to knowing that the days of Southern racism are past.  But according to the complaint filed against her by her former employee, Lisa Jackson, that past remained very much alive:

  • Requiring black employees to use separate bathrooms and entrances from whites.
  • Holding black employees to “different, more stringent standards” than whites.
  • Allowing her brother, Earl “Bubba” Hiers, to regularly made offensive racial remarks.
  • Allowing Hiers to make inappropriate sexual comments.
  • Allowing Hiers to force the plaintiff, Lisa Jackson, to look at pornography with him.
  • Allowing Hiers to often violently shake employees.
  • Allowing Hiersto come to work in “an almost constant state of intoxication.”
  • Enabling Hiers’ behavior by ignoring Jackson’s efforts to discuss his behavior.
  • Holding “racist views herself.”

Many of Deen’s supporters have claimed she is the victim of anti-Southern prejudice. But the truth appears that only in the South could she have run so gigantic and lucrative an empire for so long in such prejucial and dysfunctional fashion.

The wonder is not that the Food Network refused to renew her contract after June, 2013.  The wonder is that she has managed to stay in business this long.

PAULA DEEN’S REAL LAGACY: PART TWO (OF THREE)

In Bureaucracy, Business, Law, Social commentary on April 15, 2014 at 12:07 am

There are many lessons to be learned from the deposition Paula Deen gave in May, 2012, during a lawsuit filed against her for sexual/racial harassment lawsuit.

Interrogated by Matthew C. Billips, the attorney for the plaintiff, Lisa Jackson, Deen responded as follows:

Q.  Now, does [your brother’s] sense of humor include telling jokes about matters of a sexual nature?

A.  We have all told off-colored jokes.

Q.  Okay.  Does his sense of humor include telling jokes of a racial nature?

A.  I’m sure those kind of jokes have been told.  Every man I’ve ever come in contact with has one.

Mistake #3:  Deen acknowledged that off-color jokes were told in her workplace, and that she was clearly aware of it.

Mistake #4:  Deen made light of the telling of jokes that the vast majority of employers would not tolerate in their workplaces.

Q. Okay.  Miss Deen, have you told racial jokes?

A.  No, not racial.

Q.  Okay, have you ever used the N-word yourself?

A.  Yes, of course.

Mistake #5:  She knew that the charge of racial discrimination stood at the very heart of the lawsuit facing her. 

Yet, when asked if she had ever used the “N-word,” she replied, “Yes, of course,” as if this were the most natural thing in the world.

Q.  Okay.  In what context?

A.  Well, it was probably when a black man burst into the bank that I was working at and put a gun to my head.

Q. Okay, and what did you say?

A.  Well, I don’t remember, but the gun was dancing all around my temple.  I didn’t…feel real favorable towards him.

Q.  Okay.  Well, did you use the N-word to him as he pointed a gun in your head at your face?

A.  Absolutely not.

Q.  Well, then, when did you use it?

A.  Probably in telling my husband.

Mistake #6:  What is discussed between husband and wife is protected legally as marital privilege.  Her attorney should have objected and told her not to answer the question. 

If she had not admitted to using it privately with her husband, she might not have been asked if she had used it since then.

Q, Okay.  Have you used it [the “N-word”] since then?

A.  I’m sure I have, but it’s been a very long time.

Mistake #7:  Having admitted she used it in the past, she compounds her mistake by admitting she had used it since. 

Mistake #8:   There is an entirely legal way to avoid incriminating oneself–and being prosecuted for perjury.  It’s contained in the words: “Not that I can recall.”

Q. Can you remember the context in which you have used the N-word?

A.  No.

Q.  Has it occurred with sufficient frequency that you cannot recall all of the various context in which you’ve used it?

A.  No.

Q.  Well, then tell me the other context in which you’ve used the N-word.

A.  I don’t know, maybe in repeating something that was said to me.

Q.  Like a joke?

No, probably a conversation between blacks.  I don’t–I don’t know.

Mistake #9:  The vast majority of restaurant kitchens are staffed by blacks or Hispanics, whose exchanges are often obscene and homophobic. 

If Deen had said she had quoted such a conversation between employees, she could have legitimately claimed she did so entirely for the sake of accuracy. 

She could have blamed them for using the N”-word,” and cast herself strictly in the role of reporter.

Q.  Okay.

A.  But that’s just not a word that we use as time has gone on.  Things have changed since the 60s in the South.  And my children and my brother object to that word being used in any cruel or mean behavior.

Q.  Okay.

A.  As well as I do.

Q.  Are you aware that your brother has admitted to using that word at work?

A.  I don’t know about that.

Mistake #10:  She had previously admitted to attending her brother’s deposition, where he admitted to, among other offenses, using the N-word in the workplace. 

So this is a direct contradiction of her earlier admission.

Q  Okay.  Now, if you had learned of Mr. Hiers engaging in racially or sexually inappropriate behavior in the workplace, what, if any, actions would you have taken?

A.  I certainly would have addressed it.

Mistake #11:  Previously she had been asked: “Did any of the things that your brother admitted to doing, including…using the N-word in the workplace, did any of that conduct cause you to have any concerns about him continuing to operate the business?” 

And she had replied: “No.”  So this amounts to yet another contradiction.

Q.  Have you ever addressed Mr. Hiers’ racially or sexually inappropriate conduct?

A. No.

Mistake #12:  She admitted to having learned about her brother’s use of the “N-word” in the workplace–and then admitted to having never addressed it.

Q.  And you are aware of his admitting to engaging in racially and sexually inappropriate  behavior in the workplace in his deposition in this case?

A.   No.

Mistake #12:  This directly contradicts her previous admission that she had learned of his engaging in such behavior during his deposition.

PAULA DEEN’S REAL LAGACY: PART ONE (OF THREE)

In Bureaucracy, Business, Law, Social commentary on April 14, 2014 at 12:00 am

The purpose of this blog is to highlight the ways public and private bureaucracies actually operate–as opposed to how they usually want others to believe they operate.

Occasionally, a case comes along that is so filled with blatant violations of law and common sense that it offers a road map of what others should do to avoid similar disaster.

Such a case is that of celebrity chef Paula Deen.

On April 3, Uncle Bubba’s Seafood and Oyster House closed without warning.

The Savannah, Georgia, restaurant lay at the center of the infamous Paula Deen lawsuit.

And, in keeping with the mistreatment she had long tolerated against her employees, Deen closed Uncle Bubba’s without a trace of class.

Yes, Paula Deen thought so little of her employees that she didn’t even tell them beforehand.  She let them show up to work, only to find kitchen appliances being removed from the restaurant.

Employees collected their severance checks in the parking lot.

Insead, the restaurant posted the following announcement on its Facebook page:

“Since its opening in 2004, Uncle Bubba’s Oyster House has been a destination for residents and tourists in Savannah, offering the region’s freshest seafood and oysters.

“However, the restaurant’s owner and operator, Bubba Heirs, has made the decision to close the restaurant in order to explore development options for the waterfront property on which the restaurant is located.

“At this point, no specific plans have been announced and a range of uses are under consideration in order realize the highest and best use for the property.

“The closing is effective today, Thursday, April 3, 2014. Employees will be provided with severance based on position and tenure with the restaurant.

“All effort will be made to find employees comparable employment with other Savannah restaurant organizations.” 

In 2013, Deen became the subject of nationwide controversey when Lisa Jackson, a former employee of Uncle Bubba’s, filed a sexual/racial harassment lawsuit against her.

In a deposition, Deen was asked if she had used the word “nigger” and she replied: “Of course.”

Suddenly, she lost her cooking show on the Food Network.  Several of his business partners–including Sears, JC Penney and Kmart–also gave hr the heave-ho.

The lawsuit was eventually dismissed, but, by then, the damage was done.

Commentators focused obsessively on Deen’s admission that she used the word “nigger.”  Entirely ignored was the longtime mistreatment she had allowed to be dished out to her employees.

Paula Deen

Deen, her brother Earl “Bubba” Hiers, her company, and the corporations that operated a pair of restaurants she owns in Savannah, Georgia, were sued by former employee Lisa Jackson.

A complaint filed in the U.S. District Court for the Southern District of Georgia in November, 2012, claimed that Jackson was subjected to “violent, sexist, and racist behavior” during her five years’ employment by Deen.

It was for that reason that she left Uncle Bubba’s Oyster House, which was run by Hiers, in August, 2010.

Jackson’s complaint alleged that:

  • Black employees were required to use separate bathrooms and entrances from whites.
  • Black employees were held to “different, more stringent standards” than whites.
  • Hiers regularly made offensive racial remarks.
  • Hiers made inappropriate sexual comments.
  • Hiers forced Jackson to look at pornography with him.
  • Hiers often violently shook employees.
  • Hiers came to work in “an almost constant state of intoxication.”
  • Dean enabled Hiers’ behavior by ignoring Jackson’s efforts to discuss his behavior.
  • Deen “holds racist views herself.”

The allegation that black employees were ordered to use separate bathrooms and entrances harkens back to the ugly days of the pre-civil rights South.

That was an era where most blacks knew their place–or were murdered by the Ku Klux Klan.

In May, 2013, Deen gave her own deposition in the case.

She denied many of the allegations against Hiers-–but ended up admitting that she was aware of his offensive behaviors:

Q.  Okay.  Are you aware–-you were here during your brother’s deposition, right?

A.  Yes.

Q.  So you are aware of the things that he’s admitted to?

A.  Absolutely.

Q.  Did any of the things that your brother admitted to doing, including reviewing–-reviewing pornography in the workplace, using the N-word in the workplace, did any of that conduct cause you to have any concerns about him continuing to operate the business?

A.  No.  My brother and I, 25 years ago…each started a business and we each had $200 to start that business. 

My brother built the most successful long-service business in Albany, Georgia, with his $200.  My brother is completely capable unless he’s being sabotaged.

Mistake #1:  Deen acknowledged that, if she hadn’t known about her brother’s behavior prior to his deposition, she was present during this and thus learned about it then.

Mistake #2:  Deen acknowledged that even after she officially became aware of his behavior, she did not feel there was any reason to sever him from the company.

MORE THAN THE “N-WORD”: PART FOUR (END)

In Bureaucracy, Business, Law, Social commentary on July 5, 2013 at 12:07 am

Deserted by most of her major sponsors and branded as a racist by the media, Paula Deen believes she has found the magic solution to her problems:  Hollingsworth v. Perry.

That’s the Supreme Court case which effectively legalized gay marriage in California.

On July 1, Deen’s lawyers cited Chief Justice John Roberts’ decision in a filing submitted to the U.S. District Court in the Southern District of Georgia.  To quote Roberts:

“In other words, for a federal court to have authority under the Constitution to settle a dispute, the party before it must seek a remedy for a personal and tangible harm.”

On June 26, the Supreme Court rejected former California State Senator Dennis Hollingsworth’s defense of Proposition 8, which banned same-sex marriage.  The reason: The Justices believed that, as a heterosexual, he could not be tangibly harmed by same-sex marriage.

Applying this to the Deen lawsuit: Lisa Jackson can’t sue Deen and her brother, Earl “Bubba” Hiers for racial discrimination because she herself is white–and thus could not have been harmed by racial discrimination, even if this had occurred.

While these legal gymnastics may offer Deen some momentary solace, they come too late to prevent the loss of millions of dollars she has suffered in the mass desertion of her sponsors.

Mega-corporations like the Food Network, Wal-Mart and Smithfield Foods aren’t going to renew their ties to Deen anytime soon–if ever.  And, at this point, “if ever” looks more like “never.”

The scandal ensuing from her admitting to use of the “N-word” in her deposition has already cost her far more than any court judgment could.

Moreover, she desperately needs to put this disaster behind her–and as quickly as possible.

Her appearances on TV and the Internet have been filled with self-pitying tears and pleas for forgiveness.  But  they have most likely reminded viewers of the infamous “I Have Sinned” extravaganza put on by televangelist Jimmy Swaggart in 1988.

Paula Deen apology

Outed with a prostitute, Swaggart gave an alternately fiery and tearful speech to his family, TV congregation and God: “I have sinned against You, my Lord, and I would ask that Your Precious Blood would wash and cleanse every stain until it is in the seas of God’s forgetfulness, not to be remembered against me anymore.”

Jimmy Swaggart’s confession

Yes, the U.S. District Court might rule in Deen’s favor that, as a white, Jackson could not have been harmed by racial discrimination.

But Jackson’s lawyers can certainly argue that she was harmed by receiving unequal pay and being exposed to a climate of sexual harassment, obscenity, assault, battery and humiliating behavior.

The longer this lawsuit drags on, the more the public wll be exposed to the truth about Deen’s treatment of her employees.  And the less likely they–and, more importantly, her former sponsors–will be to forgive her.

So no matter how clever she thinks her lawyers are, her best bet would be:

  • Settle the lawsuit–quickly;
  • Drop out of the limelight; and
  • Work quietly to regain the trust of the public and as many of her former sponsors as possible.

The media has focused its attention on Deen’s admission to having used the “N-word.”  But clearly she was running a dysfunctional operation–replete with alcoholism, racial prejudice, violence, sexual harassment and theft.

Deen has claimed she knows that the days of Southern racism are past.  But according to the complaint filed against her by her former General Manager, that past remains very much alive at Deen’s restaurants:

  • Requiring black employees to use separate bathrooms and entrances from whites.
  • Holding black employees to “different, more stringent standards” than whites.
  • Allowing her brother, Earl “Bubba” Hiers, to regularly made offensive racial remarks.
  • Allowing Hiers to make inappropriate sexual comments.
  • Allowing Hiers to force female employees to view pornography with him.
  • Allowing Hiers to often violently shake employees.
  • Allowing Hiers to come to work in “an almost constant state of intoxication.”
  • Enabling Hiers’ behavior by ignoring Jackson’s efforts to discuss his behavior.
  • Holding “racist views herself.”

Many of Deen’s supporters have claimed she is the victim of anti-Southern prejudice.

But the truth appears that Deen is far less victim than victimizer–allowing her brother to subject both his black and female employees to obscene, alcoholic, violent and humiliating behavior.

In her deposition, Deen admitted to being warned by MackWorks, a business consulting firm, that sexual/racial discrimination was rife at her brother’s restaurant.

And how did she respond?

“I didn’t read the report,” admitted Deen. “I know my brother.  I know his character.  If I ask him something, he would not lie to me, nor would I to him.  There was nothing to investigate.”

The wonder is not that the chickens have finally come home to roost for Paula Deen.  The wonder is that it took so long for them to do so.

MORE THAN THE “N-WORD”: PART THREE (OF FOUR)

In Bureaucracy, Business, Law, Social commentary on July 4, 2013 at 1:00 am

The media has focused exclusively on Paula Deen’s use of the so-called “N-word”.  In doing so, it has ignored more important aspects of the lawsuit filed against her.

The plaintiff in the case is Lisa Jackson, former General Manager of Uncle Bubba’s Oyster House Restaurant in Savannah, Georgia.

Lisa Jackson

At the center of the complaint filed in the case is Earl “Bubba” Hiers, the brother of Paula Deen.

Among the allegations listed in the complaint:

  • Hiers “frequently visits strip clubs and would bring to the workplace numerous stories…regarding the highlights of his visits.”
  • Hiers “commented to…Jackson regarding a female employee who was married to a significantly younger man, ‘Can you imagine that man going to bed with her?'”
  • “The male General Manager of the Lady & Sons Restaurant is paid substantially more” than Jackson was as General Manager at Uncle Bubba’s Oyster House–even though both are run by the Paula Dean Family of Companies.
  • In addition, “there are male managers below the General Manager level at Lady & Sons Restaurant that are compensated more than…Jackson and who received compensation in addition to salary, including bonuses and retirement not allowed to…Jackson.”
  • On July 20, 2010, Jackson told Hiers that a white restaurant employee had made “a sexually harassing comment” to a black kitchen staffer.  “Seething with anger and red in the face….Hiers repeatedly screamed at [the witness] asking what he saw….Unsatisfied with [the witness’s] response…Hiers physically and violently shook him and stated, ‘Fuck your civil rights.  You work for me and my sister Paula Deen,’ saying futher: ‘You’re not going to get me sued over some little bitch.’  Mr. Hiers proceeded to physically and violently shake [the employee].”
  • “The staff of Uncle Bubba’s restaurant was in a constant state of fear awaiting Bubba Hiers’ arrival at the restaurant and any required interaction with him.”
  • “The stress of repeatedly taking on the role of anticipating…Hiers’ violence, moderating it to the extent possible, and playing the go-between role with her staff caused…Jackson enormous stress.”
  • This “caused chest pains and…panic attacks that would often begin when…Hiers’ truck pulled into the parking lot or upon appearance of the white cup–the styrofoam cup poured almost full with whiskey at approximately 10 a.m., whereupon…Hiers began his day of drinking and abusive behavior.  When the truck pulled up or the white cup appeared, staff would scatter, leaving…Jackson to manage…Hiers.”
  • “Jackson’s pleas for relief from the harassment to senior management also took the form of requests…for a transfer anywhere in the company–even if it required a cut in pay.  But she was told…that Paula Deen would never let her leave Uncle Bubba’s restaurant.”
  • When Jackson directly asked Deen for a transfer, Deen “told…Jackson she could never leave Uncle Bubba’s restaurant.”
  • “Corporate counsel James P. Gerard would frequently call…Jackson at home in the evenings and on the weekend to discuss and sympathize with the discriminatory conditions and abusive treatment she confronted.”
  • “For over five years, Ms. Jackson made numerous and frequent complaints of racial and sexual harassment and abusive treatment to the highest levels of corporate management and ownership, including:
  • “Defendants Paula Deen and Bubba Hiers; Paula Deen Enterprises Chief Operation Officer and Director of Operations Theresa Fueger; the Certified Public Accountant…Karl Schumacher; and to the attorney for defendants, James P. Gerard.”
  • “The conduct was universally known and tolerated within the ownership and management levels of the corporate enterprise, and by corporate counsel and no remedy was offered.”

Deen hasn’t helped herself with her response to the firestorm of criticism that has descended upon her.

On June 20, the full, unedited transcript of Deen’s deposition was leaked–proving that she did, in fact, admit to using the dreaded “N-word.”

The media chose to focus on this–and completely ignored the multiple instances of sexual/racial harassment, drunkenness and violence.

On June 22, Deen canceled a scheduled appearance on the Today show to discuss the reports. She released a video apology that went viral. This was quickly taken down and replaced with a second version.

Paula Deen apology video

“Your color of your skin, your religion, your sexual preference does not matter to me,” Deen told her viewers. “But it’s what in the heart. What’s in the heart.  And my family and I try to live by that.”

Deen then posted a third video, directly apologizing to Today host Matt Lauer for cancelling her scheduled June 22 interview with him.

On June 26, Deen finally appeared on Today, tearfully offering a response that was half-apology, half-defiance:

“If there’s anyone out there that has never said something that they wished they could take back. If you’re out there, please pick up that stone and throw it so hard at my head that it kills me. Please. I want to meet you. I is what I is and I’m not changing.”

But none of these appearances have reclaimed one lost sponsor–nor caused the media to back off.

MORE THAN THE “N-WORD”: PART TWO (OF FOUR)

In Bureaucracy, Business, Law, Social commentary on July 3, 2013 at 12:01 am

The media has focused exclusively on Paula Deen’s use of “nigger.” In doing so, it has completely ignored even more important aspects of the lawsuit filed against her.

Consider the allegations listed in the complaint filed by Lisa Jackson, who spent five years (2005 – 2010) as  General Manager for Uncle Bubba’s Oyster House, in Savannah, Georgia.  This is owned by Deen’s brother, Earl “Bubba” Hiers.

Uncle Bubba’s Oyster House

According to the complaint, employees at the restaurant were routinely subjected to “violent behavior,” which included “racial harassment, assault, battery and other humiliating conduct.”

Among those violations alleged in the complaint:

  • In Jackson’s presence, Hiers told another employee who had just gotten dentures: “I bet your husband is going to like that.”
  • Hiers told a joke to male and female staffers that described why men should have sex with flat-headed women: Because “you can sit your beer on top of her head while she is giving you a blow-job.”
  • Hiers told Jackson that he would like to replace the staff at Uncle Bubba’s with “Hooter’s Girls.”
  • At a weekly managers’ meeting, Hiers brought printouts of an email entitled, “Why Gay marriage Should Be Legal,” replete with pictures of lesbian sex.  Hiers passed the emails around the table for men and women–including Jackson–to see.
  • A meeting was scheduled by Karl Schumacher, the company’s Chief Financial Officer, and attended by James P. Gerard, attorney for the Paula Deen Family of Companies.  Its purpose: to address Hiers’ “frequent and outrageous sexual and racial comments.  In this meeting, in… Gerard’s office, Bubba Hiers discussed his interest in Web site pornography.”  He stated to Gerard: “Don’t tell me you don’t do that at night.”
  • In 2007, Deen placed Jackson in charge of food and serving arrangements for the wedding of her brother, Hiers.  Jackson asked Dean what look the wedding should have.  Deen replied: “I want a true Southern plantation-style wedding.  What I would really like is a bunch of little niggers to wear long-sleeve white shirts, black shorts and black bow ties, you know in the Shirley Temple days, they used to tap dance around.”  Deen laughed and added: “Now that would be a true Southern wedding, wouldn’t it?  But we can’t do that because the media would be on me about that.”
  • At Uncle Bubba’s Oysterr House restaurant, “African-American staff persons are required to use the back entrance for all purposes, including picking up their checks.  They were prohibited from using the front entrance.”
  • “African-American staff…are required to use one restroom that is in the back of the restaurant and is not the customer restroom.  White staff was allowed to use the customer bathroom.”
  • “African-American staff” who are “stationed at the back of [the] restaurant are not allowed to go to the front.”
  • Jackson hired two black hostesses, whose position “required them to be stationed in the front of the restaurant.  Bubba Hiers complained repeatedly about one hostess being out front and she was later fired for allegedly stealing a white customer’s purse.  The police were called and the young woman was searched, but she was not arrested and no charges were brought.  Mr. Hiers demanded that the other [black] hostess be moved to a position in the back…where she could not be seen by customers.”
  • Jackson was meeting with a vendor in her office at the restaurant when Hiers entered “and slammed the door behind him, stating, ‘I wish I could put all those niggers [in the kitchen] on a boat to Africa.'”
  • “Bubba Hiers confronted a [black] male kitchen staff[er] and repeatedly screamed at him, and physically and violently shook him.”
  • In Jackson’s presence, Hiers said to his black security guard and driver: “Don’t you wish you could rub all the black off you and be like me?”  The guard replied, “I’m fine the way I am.”  Hiers then said: “You just look dirty.  I bet you wish you could.”
  • Hiers stated in Jackson’s presence: “They should send President Obama to the oil spill in the Gulf [of Mexico] so he could nigger-rig it.”
  • In the presence of Jackson and  a vendor who traps wildlife, Hiers said: “You also got a bunch of coons in this kitchen you can trap.”
  • Hiers “told jokes using the word ‘nigger’ in front of the coordinator of a fundraising event at the Bethesda Boys Home.  The coordinator…expressed to Ms. Jackson her discomfort with Mr. Hiers and his language.”
  • During a meeting, Hiers “began beating on his chest and challenging anyone and everyone in the kitchen to fight him.  He screamed so loud that spit was coming out of his mouth, as he said: ‘Come get some.  Come on, you want a piece of me?  Meet me on the dock you mother fuckers.'”
  • After this outburst, Jackson “scanned the room in horror and saw her staff, recognizing the look of fear, disbelief and helplessness” on their faces.  “Mr. Hiers then stumbled out the back foor to his truck and he was gone.”
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