Season 8, Episode Ten May 26, 2024

On this episode, we’ll hear about the arrest of Mahatma, Memorial Day, and the Indy 500.  Plus, we’ll hear from an East Texas Bail attorney about bail, its value to society, and the effects of bail reforms.  

Chapters

• 0:45 Not the Headlines
• 15:55 Let's Go Back
• 16:07 Ken Good

Transcript

Hello!  Thank you for putting your ear to the Listening Tube!  I’m your host, Bob Woodley.  The Listening Tube seems to have caught on in Tokyo.  I only have one thing to say about that… domo…...On this episode, we’ll hear about the arrest of Mahatma, Memorial Day, and the Indy 500.  Plus, we’ll hear from an East Texax Bail attorney about bail, its value to society, and the effects of bail reforms.  But first (Not the Headlines!)

There’s a podcast host for Colorado Public Radio who lost his job back in January.  First of all, I didn’t know podcast hosts could get fired.  I guess I better watch my p’s and q’s!  Second, why is Colorado Public Radio paying somebody to make a podcast?   Other than that, he was a part-time weekend host.  Well, good for him.  Until he got fired in January.  Did he use profanity on his program?  Did he say something that was an obvious lie?  No.  In a letter to the Democratic Colorado lawmakers (11 of them) who signed a letter accusing Colorado Public Radio of violating the rights of the former employee, the President and CEO of CPR explained that the former host was fired for “abusive and erratic behavior (that) was witnessed and reported by numerous CPR employees.”  He then admonished those same lawmakers for spreading a letter around that was “void of balance and truth.”  The CEO of CPR then went on to reinforce company policy by telling the progressive pawns to wrote to him that if their idea of accommodation is to allow an employee to be repeatedly abusive and disrespectful to other colleagues in the workplace without correction or consequence is something Colorado Public Radio will not permit.
So, the guy was let go for being an ass.   No, wait.  Before I jump to that conclusion, maybe Colorado Public Radio wanted to get rid of him for another reason.  Colorado is a very liberal state, so it’s safe to say Colorado Public Radio is liberal as well.  Maybe this guy was a Republican.  Maybe he was spewing hate speech by saying Israel has a right to defend itself, or maybe he pointed out that the State of New York v. Donald Trump looks like a total sham trial.  Well, no.  He didn’t do any of that.  He just refused to modify his behavior after being given multiple opportunities to do so.
But then why did eleven Democratic state lawmakers go so far as to not just support the former employee, but to make a public spectacle out of it?  Because he’s a darling of the progressive left, that’s why.  He’s considered a liberal success story.  His podcast is all about mental health and addiction recovery.  He’s a recovering cocaine addict himself.  He also seems to be suffering from mental health problems as well, because he filed a lawsuit against his former employer over his termination in March.  He claimed his former employer violated the Americans with Disabilities Act and a Colorado anti-discrimination law, according to a story in the Colorado Sun, https://coloradosun.com/2024/05/17/vic-vela-colorado-public-radio-dispute-settled/
for failing to accommodate his disability needs.  Disability?  Is this guy missing a limb?  What kind of disability are we talking about here?  Well, maybe we can figure it out by the accommodations for which he was asking.  There were three of them listed in the article: 

    Moving production of the podcast into the newsroom from CPR’s audio innovations unit because he was clashing with a manager whom he felt was hostile toward addiction recovery.

Resources to cope with a stressful work environment — including the station’s financial struggles — from the head of human resources, who promised to provide that assistance. “I was often telling CPR leadership that the issues going on with the morale — that it was affecting my mental health, it was affecting my ongoing recovery,” the former employee said. “If you know anything about addiction, the one thing that you learn in recovery is you have to recognize triggers.”

And finally, Asking a manager to be present for difficult workplace conversations that could be triggering.

I’m beginning to see a theme here.  Let’s break ‘em down.  First, he wanted a different studio because he didn’t get along with somebody.  It could be because he’s a jerk, but instead he blames it on what he perceives as someone else’s attitude toward addiction recovery.  Then, he asks for “resources to cope with a stressful work environment.”  He didn’t specify what those resources might be.  As for the third request, that should have been an easy one to accommodate, since it seems nobody wanted to have a one-on-one conversation with him, either.  But you can’t appoint a manager to follow him around all day just in case he gets into a conversation with someone that might turn out to be a trigger for him.
His lawsuit is based on his claim that his addiction is a disability, and therefore his employer is responsible for making him feel warm and cozy at work, otherwise, he’ll revert to being a drug addict.  The man’s attorney pointed out that it is the employer’s responsibility to develop accommodations for those that ask for help, according the Americans with Disabilities Act.  But is addiction really a disability?  Are all addictions disabilities?  Do I get special accommodations at work if I’m addicted to gambling?  Someone with one arm or one leg has a disability.  I only have one working ear.  Is that more or less of a disability than drug or gambling addictions?  Could I compel the radio stations I work for to broadcast in mono instead of stereo because stereo broadcasts give me anxiety?  Unlike a drug addict, I took no action to cause my disability.  It’s not like I went over my Ozzy Osbourne quota so my ear shut down.  But this guy in Colorado claims his drug addiction and his HIV are disabilities.  Both of which are most often caused by your personal behavior; because of choices you made.  I guess there’s a chance you could be born with HIV and addicted to crack, but it’s not likely.  
He’s worked at the radio station for 9 years, pretty much since he got sober in 2015.  So, for the past 9 years, he’s been fighting the urge to smoke crack again.  If you can go nine years without it, you must have some strength hidden somewhere.  You’ve obviously learned how to avoid your substance of choice.  You’ve developed good habits and adopted a healthy lifestyle that allows you to live a normal life.  But because you got fired, you now claim your former employer didn’t provide you with special favors.  Guess what, pal?  We all have special needs!  Yours are just a bunch of self-inflicted bull crap.  In the lawsuit, this asshat claimed the radio station accused him of “using his recovery for manipulation.”  Well, if he wasn’t doing it then, he certainly did when he filed the lawsuit.  Checkmate.  
Just last week, the former podcaster and weekend host came to a settlement.  The lawsuit will be rescinded.  So, who won?  Was it the anti-social jerk who played the victim?  Was it the liberal public radio station that has since laid off 15 more people because of budget constraints?  I’ll tell you what they said, and you can decide for yourself.  The radio station was tight-lipped and didn’t go into any detail, telling the Colorado Sun only that the “matter has been resolved” and said it “encourage(s) (the former employee) in his future endeavors and his continuing efforts to educate the community.”
The complaintant’s statement reads, “I am pleased to announce that the dispute involving me and my former employer, Colorado Public Radio, has been resolved,” he said in a written statement. “Additionally, and with my gratitude, CPR is supporting me and my efforts to produce future episodes of the podcast.” 
My interpretation of all that is the radio station agreed to let him use a studio, but they won’t be hiring him back.  Plus, he’ll have to produce the program himself.  Plans for that, said the former host, will be announced at a later date.

Let’s Go Back liner

This week in 1930, Mohandas K. Gandhi was arrested, as were thousands of his followers, resulting from riots in major cities around India.  The British Army and Indian Police teamed up against the population, who had had enough of British rule.  It’s important to point out here that Mahatma Gandhi preached civil disobedience and did not support violence.  But violence there was, from both Hindus and Muslims, against the British.  Gandhi claimed from his jail cell that the violence didn’t come from his followers, but acknowledged that “no great end has been achieved without incurring danger.”  But Gandhi learned in 1919, when he saw British soldiers massacre what was described as a mob of Indians, that violence wasn’t the answer.  Mahatma Gandhi, the former South African lawyer, created civil disobedience.  One of the reasons Gandhi’s civil disobedience worked was the overwhelming support it had.  Most of today’s protests are small but loud.
It’s okay to try to get support for a belief you may have.  But at some point, if you don’t have the support you thought you were going to get, or the opposition is already larger than your side of the issue, you have to cut bait and move on.  Something to consider when you’re trying to garner support for your cause is whether violence and radical activism might sway people who support your cause from joining in.  I’m sure there were those who were convinced that Gandhi’s civil disobedience wouldn’t work.  But it did.  Not because of force.  Not because it was the loudest.  Not because it had the most financial backers.  It worked because it had overwhelming support and it was non-violent.

This week is Memorial Day in the United States of America.  It’s a day we take to recognize those who gave their lives in war to protect the people of the United States, and promote freedom around the world.  Many of us also remember our family members who passed away.  It can be as somber a holiday as you wish, but it’s also known for two other things:  Grilling and the Indianapolis 500.  Both have changed a lot over the years.  But our race cars have outpaced our grills when it comes to technology and performance.  Car racing continued to flourish during the great depression, and the average speeds continued to climb.  Indy cars and the rules of racing were different back in the day.  It was this week in 1933 that the Indianapolis 500 had perhaps it’s worst day ever.  You see, back then, it wasn’t just the driver in the car.  A mechanic also accompanied the driver.  Pit rules were different then, too.  Cars had much larger gas tanks, so they had to pit less often.  Having a mechanic onboard also limited wasted time on pit stops.  That’s why more people died that year than any other.  In 1933, five people died participating in the Indy 500.  Two were killed during a practice run the day before the race, a driver and a mechanic.  Then during the race two drivers and a mechanic were killed in separate crashes.  According to wikipedia, one on lap 79, and two on lap132.
If you’re a race fan, you might be thinking, “Wow.  Sucks to have that many red flags.”  ‘Cause, you know, they had to stop the race to clean up the debris and collect the remains of the deceased.  But like I said, things were different back in 1933.  Louse Meyer eventually won the race, beating the next closest finisher by over 6 minutes!  Plus, he lived to tell about it!
Today, as I’m sure you know, the death of a driver or anyone in the pit crew would end the race.  Any race, at any track in the United States.  Here’s a question to ponder:  Do those who compete in such events want the race to continue?  Is continuing the race a reflection of American values?  Can empathy for the victim be withheld until after the race is finished?  What damage is done by continuing the race after the death of a participant?  Who benefits by canceling the rest of the race?    

Phone and email liner

I hope you never have to post bail for any reason.  I also hope you never feel the need to hire a detective to track you spouse.  But it’s good to know it’s there if you need it.  My guest on the program this week is Ken Good.  He’s a  Bail Attorney and board member of the Professional Bondsmen of Texas.  Unlike some Texans, Ken is fully aware that there are other states in the country, too.  So he’s not just well-versed on Texas law, but also bail laws in other states.  Mr. Good was kind enough to let  me ask some questions I had about bail laws.  Maybe you have some of the same questions.  

Interview

You can learn more about bail law at pbtx dot com.  Professional Bondsmen of Texas.  Pbtx dot com.  There you’ll find a blog and podcasts about bail laws, case studies and more.  Thanks to Ken Good for spending his time with us today.

The Listening Tube is written and produced by yours truly.  Copyright 2024.  Thank you for putting your ear to the Listening Tube.  Subscribe today.  I’m your host, Bob Woodley for thou ad infinitum.