tag:blogger.com,1999:blog-57907004436502898352024-03-13T15:53:06.379-05:00Uncommon CourageMy Courageous Clients and Some Weird Reflections
by Attorney Lynne Jaben Bratcher
www.bgklawyers.comLynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.comBlogger384125tag:blogger.com,1999:blog-5790700443650289835.post-24343451516889118062020-09-19T00:32:00.002-05:002020-09-19T11:54:23.133-05:00The Incredible RBG<p> If Justice Ruth Bader Ginsberg was just another female lawyer, I would still have an affinity for her, but she was so much more. RBG WAS A BRILLIANT PIONEER WHO PROMOTED GENDER EQUALITY BEFORE HER TIME. She was amazing person, an amazing jurist, and had a brilliant legal mind. </p><p>I identify with her in some ways. She went to law school after she had married. So did I. However, she went to Harvard coming from Cornell while I came <span> from</span> UMKC Law after studying for my undergraduate degree at UMKC. RBG WAS NUMBER ONE IN HER CLASS, WHILE I CLEARLY WAS SOMEWHERE IN MY CLASS, but certainly not in the top ten. </p><p>She and I were married with a child when entering law school. She graduated and had a four-year old daughter, while I had a four year old son when I graduated. We both ended up fighting for civil rights, but me on a much smaller scale than Justice Ginsburg. We both had second children while new to the practice of law. THAT IS WHERE THE COMPARISON ENDS.</p><p>That’s where our paths differed. The brilliant Justice, after 6 arguments for women’s rights before the Supreme Court representing litigants, earned a district court judgeship in New York, followed in 1993 by an appointment to the grandest of all Courts, the U.S. Supreme Court, where she excelled for 17 years. RBG is a legend. She worked at court while she went through illness and ultimately was dying and suffering from cancer. She worked the day after her beloved husband died. She wrote dissents to save for posterity, in case a future court would adopt her opinion as someday as a majority opinion. SHE WAS FREAKING AMAZING AND AN INCREDIBLE ROLE MODEL. WE WILL MISS HER SO. </p>Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com5tag:blogger.com,1999:blog-5790700443650289835.post-73516352369261991812020-03-20T20:52:00.001-05:002020-03-20T20:55:57.002-05:00The Beauty of the Sandhill Cranes I’m watching Sandhill Cranes land and roost in the Platte River outside of Kearney, Nebraska. As I write this I am in my family room, I have open the cranetrust.org website on my iPad and it’s sunset over the Platte, with cooing birds gliding onto the shallow waters. There are hundreds of thousands of birds on screen. The beauty of this annual migration is overwhelming. As the sun sets over the river, the Cranes huddle together as if their ultimate position on the water is pre-ordained. The birds are large, with long grey legs and red atop their beaks. They stand 3 or 4 feet high. They call to each other and seem excited to be together.<br />
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This is an annual migration. The birds winter in the south, Mexico and other lands in the south of North America. In 2016, while sitting outside a polling place in November in central coastal Florida, I saw four of the cranes walking in a parking lot. At the time, I had no idea what these weird-looking tall birds were. It wasn’t until I first witnessed the migration 2019 in Nebraska that I realized I had spied them before in Florida. The cranes are currently traveling north, to northern Canada and Siberia where they summer to breed. They mate for life. Their annual travel is the great North American migration on this side of the world. In Africa, the wildebeest travel the expanse of Southern Africa for that continent’s great migration. In North America, it’s the Sandhill Cranes.<br />
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It’s getting dark now on the Platte and the birds almost reach from the north bank to the south of the great wide and shallow river. Cooped up at home, with the human globe obsessed by COVID19, I wish I could be viewing these birds from the banks of the Platte as planned, instead of over a website. The birds and the natural world surrounding them is almost overwhelming. And every year these great birds fly across the continent in this ritual while humans fret about a pandemic and the dearth of effective leadership overseeing humankind. Oh, what life these cranes lead. It’s almost dark in Nebraska now. The cranes will soon be silent, as they rest on the river before awakening at dawn to comb the corn fields for fallen kernels. They fatten up here in Nebraska, before they resume their northern trek to breed. Oh, what an inspiring spectacle watching these magnificent birds. Maybe next year, post coronavirus, I will see them again, in live form and not on an iPad screen. One can only hope. https://www.audubon.org/field-guide/bird/sandhill-crane. <a href="https://www.audubon.org/field-guide/bird/sandhill-crane">Crane Trust</a>Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-6565639220328149072020-03-18T09:57:00.000-05:002020-03-18T09:57:15.026-05:00Coronavirus and The Financially Vulnerable - A Call to ActionWith this COVID19 pandemic, there are consequences outside of physical danger. Already, restaurants have closed, some permanently, theaters are dark, hair salons are shuttered. I read an estimate that unemployment could reach 20%. I am worried. Most people need their jobs to survive financially and they need to be healthy to survive physically. We have a dilemma that is unsolvable, when we socially isolate we may forestall the pandemic, but cause financial harm to others. We need to help those people put out of work as a result of this pandemic.<br />
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There are organizations geared to help. I have started a fundraiser for those servers and bartenders out of work, <a href="https://www.facebook.com/594946663/posts/10157865477746664/">https://www.facebook.com/594946663/posts/10157865477746664/</a>. There is Harvesters, USBG National Charity Foundation, and others. For those who would rather contribute sweat equity, Harvesters has time slots for people to contribute work in their warehouses assembling food packages. <br />
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We need to pull together during this crisis. This is unlike anything in the lifetimes of most people who were born post-depression. We need those who are able to contribute. Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-46694798769636820022019-12-28T09:34:00.000-06:002019-12-29T20:33:21.869-06:00From a Little Dog<div class="separator" style="clear: both; text-align: center;">
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When we first saw Mimi (then called Salt), she was quivering. I imagine she was scared, being abandoned by a second family because of her uncontrollable seizures. The veterinarian’s report stated she had experienced 18 seizures in just a few days. Reportedly, the children of the family surrendering the little girl Boston Terrier were weeping as they relinquished control. She looked so vulnerable at 17 pounds and shaking uncontrollably. We knew nothing of how to care for an epileptic dog, but we could not turn away and brought her to our home. She was three years old.<br />
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She refrained from seizing for at least a week, and then they came. She rocked and screamed and frothed, losing control of her body. Watching her convulse and hoop and holler is terrifying. Eventually, the involuntary movement-tsunami stops and she starts pacing, sometimes while still blinded by the seizure. Occasionally, if we are not careful, she has falls down the carpeted stairs in the family room. Sometimes, the wandering lasts for hours. After the worst of the seizures, it can take a couple of days until she regains her sweet, affectionate personality. We have become accustomed to her pattern. She will go from 3 to 8 weeks with no seizures, and then will have from two to eight spells over one to three days. Mimi takes 20 pills per day.<br />
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Why do we let her go on like this? Because the majority of the time, she is playful, loving and loyal. Mimi, at around 10 years old still throws her toys in the air and playfully catches them. She loves nestling in a lap to have her back and neck stroked. Every day when I come home from work, she jumps in my lap and smothers me with kisses, finishing by collapsing lovingly into my lap. She follows us from room to room. She is loving and playful as can be when not in the monthly grips of a seizure.<br />
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Many times a veterinarian has suggested that her condition will deteriorated and has offered the option of euthanasia, but each time she bounces back. Last week, post-seizure, her back legs grew weak after a particularly strong bout. The vet wanted to conduct a CT scan to determine the neurological cause. We declined. There is no cure for Mimi’s ailment beyond the handfuls of pills she downs daily. Sure enough, within a day the strength in her legs returned. She is playing, and kissing and loving again.<br />
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For one or two days a month, Mimi is unwell. The doctors say she does not feel the seizures and she is not in pain. For the rest of the month, she leads a damn good dog’s life. For now, the good more than outweighs the bad. The peaks more than compensate for the valleys. Such a sweet, caring soul should not be extinguished because of an imperfection. We are all imperfect.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com2tag:blogger.com,1999:blog-5790700443650289835.post-27798374339631569912019-12-28T00:31:00.001-06:002019-12-28T00:57:23.996-06:00We Really Can Find Honorable People TodayI felt deflated on November 8, 2016. I has expected more out of people in the election. I was naive. People hadn’t changed, Really, it was just that power shifted and anger changed. Then, in 2017, the Missouri Legislature screwed Missouri workers by making it harder for workers who have been victim to unlawful discrimination to get justice. I became further disillusioned. Yet, the brave and honorable victims continued to fight on. <br />
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When I worry that I will discover the worst about people, I oftentimes learn the best about people. Juries have surprised me by their care, concern and compassion for litigants when I fear that apathy will prevail. In one of my last race discrimination trials, I steeled myself for a defense verdict. The jury voted unanimously for my deserving, brave client in just 2 hours. For awhile, my faith in justice and the fairness of others was restored. That renewed faith in humanity buoyed me for months.<br />
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Then things come out of the mouth of the blowhard in the White House, and I forget that most people want to do right, be fair and be kind. I cannot predict our political future, but I still believe in the kindness of our brothers and sisters on this earth.<br />
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Two weeks ago, I lost my iPad at a hotel ATM in Washington, D.C.. I did not know where I had left it and I was sure it was stolen. I use my iPad all day, every day, for work and leisure. I was surprised how dependent I am on this machinery, but I am. I told the hotel manager, filled out a report, and went to bed convinced I needed to buy a replacement. I was angry when I went to bed.<br />
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The next morning, we promptly headed to the airport sans iPad. Once seated outside the gate, I received a call from the hotel and I took it. I learned someone had turned the iPad into the lost and found. It was found at the ATM. since I was already at the airport to return home, the manager sent a shuttle driver to come bring me the iPad (which I am using as I write this blog) to the airport. They went above and beyond to help me.<br />
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THIS IS THE SEASON OF GIVING, OR SO THEY SAY. BUT, I SUBMIT THAT EVERYDAY PEOPLE GIVE TO OTHERS ALL OF THE TIME. GIVING IS HUMAN NATURE.<br />
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So, maybe some people in power irk me. Maybe they do not care about the injured, the poor, or others different from them. But the kind people usually prevail. We just need to be sure to support the caring ones, and not the others.<br />
<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-16073316389431916452018-11-12T20:47:00.002-06:002018-11-12T20:47:59.138-06:00Looking At the Bright Side of LifeI haven’t written in this blog for awhile - there is such a news overload that it’s hard for me to settle on any one subject. A lot of the news is bad - mass shootings, murders, separating children from parents, fires raging, hurricanes. Elections.<br />
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Too much negativity. Let’s concentrate on the good news:<br />
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1. Missourians overwhelmingly passed Amendment I, the Clean Missouri Constitutional Amendment - an amendment aimed at reducing, and, dare I say, eliminating, political corruption. No outlandish lobbyist gifts, limits on Legislators jumping over to cushy lobbying gigs, fairer re-districting. A decade from now, we will see if things are better in Jeff City. <br />
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2. We get a new Missouri Attorney General (“always look at the bright side of life,”). <br />
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3. We have a less-crazy governor.<br />
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4. Missourians overwhelmingly approved gradually increasing the minimum wage.<br />
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5. No new gas tax - good for the pocketbook, bad for the tires.<br />
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6. As far as I can tell, no Nazis were elected to Missouri office. No KKK, either. <br />
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We must celebrate all the victories we can get - always look at the bright side of life. Doo doo doo, doo doo doo doo doo doo doo.<br />
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<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-64178436701867096722018-10-07T22:13:00.002-05:002018-10-07T22:13:54.893-05:00Everyday CouragePeople perform daily acts of courage that are unrecognized. These people do not seek the limelight. My clients who are first responders save others frequently. Firefighters in general risk their lives as part of their jobs on a frequent basis. I am awed by what they routinely do as a matter of course. They run in burning buildings when others flee. Courage is so ingrained in them, they do not realize how exceptional they are.<br />
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I just want to honor those souls who put their own safety aside in furthering the common good. I consider Anita Hill and Dr. Christine Blasey Ford as courageous, since they have both been targets of threats and can no longer lead happy, anonymous lives. They came forward, regardless of the dire consequences. They are models for young women striking out against sexual abuse.<br />
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Members of our military, members of police departments, members of resistance groups such as Rev. William Barber, II, and many others, take risks for others without thought of fame or wealth. We fail to recognize the courageous among us. Yet, they seek no notoriety or acclaim. Their courage is so ingrained in who they are and they seek no special acclaim.<br />
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Here is to those unsung heroes among us. Thank you. We need people like you.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-70805142927265105192018-08-26T17:42:00.000-05:002018-08-26T17:47:03.458-05:00Courageous JurorsIt’s really hard to be a whistleblower, or to complain about discrimination. Most of us just hope that we can live our lives and people will be fair. It’s hard to rock the boat. I’ve written a lot about the courageous clients I represent. Going forth with a lawsuit is hard and it takes a lot of fortitude to persist through a lawsuit. I have represented many people who have much more courage than I. They withstand insults and lies and interrogations that would make normal people break. <br />
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But, I really want to talk about courage of a different group of people, who, when they treat their responsibilities seriously, which they most often do, display great courage and fortitude. Those people are the jurors. Many people dread receiving that little card through the mail summoning them for their civic duty. Yet, most people take their task very seriously once selected to stand in judgment of their fellow citizens.<br />
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There is something about being chosen for jury duty that transforms the reluctant bystander into a vehicle for justice. Serving on a jury oftentimes brings out the best in someone. A typical juror listens attentively to the evidence with an open mind. They form opinions from the evidence, yet are open-minded enough to give the other jurors their due. A responsible juror speaks up and confronts others with their convictions, and doesn’t worry about missing television programs or PTA meetings. The juror understands the importance of our justice system and their vital role in the preservation of our democracy. Jurors don’t ask to serve. In fact, most people wouldn’t volunteer for a week or so interruption from their normal activities. Yet, once summoned to serve, it is uncanny how Americans rise to the occasion, and most often get it right.<br />
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When our forefathers instilled in our Bill of Rights the right to a jury of one’s peers in both criminal and civil cases, they understood the best about human nature. They understood the basis of courage, decency and fairness in our citizens. They also understood that, in order to serve justice, people need to be judged by a jury of their peers, not just by judges from privileged backgrounds. Our nation has the best justice system on earth, in large part due to the courage of its citizens. Long live the jury system.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-76731514979777953032018-06-17T22:15:00.001-05:002018-06-18T12:23:00.358-05:00Mindfulness and Crocheting - In These Turbulent TimesLawyers are stressed, just as so many other people are in other walks of life. I have practiced yoga, and it was great. I learned to meditate, and it was great. I’ve exercised to reduce stress, and it was great.<br />
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But lately I have not been practicing yoga much, or exercising much, nor do I meditate daily. I inadvertently stumbled upon another method to achieve mindfulness, without realizing it. When I was a teenager I learned to crochet. I was so bad. I did not have the patience to crochet anything but a scarf, and that was awful. So, for some reason, 45 years later, I picked up a crochet hook again. When I crochet, I am in the moment. I don’t think about the future or the past. I just concentrate on what I’m doing. Crocheting is meditative.<br />
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I guess I am the sort of person who needs to achieve a meditative state. Especially while children are being ripped from their asylum-seeking parents. That makes me crazy. Especially in these crazy times I have to calm down. I resumed crocheting in October. Since then, I have created seven afghans, and I am working on my eighth. I have crocheted at least ten scarves and two hats. I can’t sit down in the evening without a project in my hands. I read and listen to the sad news, and I just crochet more. I can’t stop. I suppose crocheting is an innocuous addiction, as long as it does not interfere with my obligations in life. So far so good.<br />
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So, if you find a pile of yarn, I’ll be there. If you are cold in the winter, and want something to warm your legs, I’ll be there. If you neck is freezing and you need a scarf, I’ll be there. I must be the freakin’ Tom Joad of this dust bowl of political inhumanity. I just need some yarn and a hook to forget about the many problems in this world. (And I email Roy Blunt, but that is less satisfying.) <br />
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<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-42156811290417395782018-06-03T19:11:00.000-05:002018-06-03T19:11:09.198-05:00Observations After Practicing Law for 35 YearsWhat have I learned after 35 years as a civil rights lawyer? You would think I would have wisdom to impart to young lawyers, but the more I consider the span of my career, the less wise I have become. Here goes:<br />
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1. <b>Social change takes too long</b>. It’s one step forward, two steps back. We still don’t have discrimination laws in this state and the federal government protecting against LGBTQ discrimination. Race discrimination, sexual harassment, age discrimination all persist.<br />
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2. <b>Going to trial does not get easier.</b> Representing courageous clients in worthwhile causes is still as challenging as ever, even though my trial skills have improved over 35 years. The importance of my clients and their cases in my hands is still as daunting as ever.<br />
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3. <b>It’s important not to take perceived slights, such as losing objections, etc., personally</b>. It’s important to remember my cases are about my clients, not about me. While I admit I have an ego, I can’t let it get the better of me. I owe my clients to put them first. Wins are about them and are their triumphs. Perhaps losses are more my fault than wins are to my credit. The clients are what are important.<br />
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4. <b>A trial is a zero sum game, while settling cases can be a win-win scenario. </b>Settling cases requires a different skill set than is necessary for trial. A good lawyer can master both skill sets, but going from one to the other is challenging.<br />
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5. <b>Being a trial lawyer with 35 years experience is as challenging, and rewarding, as being a novice attorney.</b><br />
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6. <b>As Dr. King said, “The moral arc of the universe is long, but it bends toward justice.” (See number 1, above.)</b><br />
<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com3tag:blogger.com,1999:blog-5790700443650289835.post-21231460384288535382018-05-14T16:39:00.000-05:002018-05-14T16:39:57.625-05:00Why You Should Complain About Sexual HarassmentMany women are confronted with sexual harassment yet do not complain. Most who do not complain fear retalation. I would like to say that people who report sexual harassment are legally protected against retaliation, which they are, and that, therefore, they are not subjected to retaliation. Unfortunately, it is human nature that when one person complains about another, the other gets mad and attempts to get even. That should not stop someone who is being harassed from coming forward. Sexual harassment is serious and those who harass generally do not stop on their own. In fact, sexual harassers often escalate f not stopped. <br />
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I have beeen practicing employment law for any years and have seen many improvements in the way women are treated in the work place. While sexual harassment is still ongoing, I see fewer cases of bosses fondling their female subordinates, fewer cases of sexual propositioning, and fewer cases of sexual talk in the workplace. I attribute this decrease to employers’ enforcement of their policies. <br />
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That is not to say that it is easy to complain. It takes considerable courage to complain of sexual harassment in the workplace. But it is worthwhile to complain, not just for one’s own self-esteem, but also to protect others. It’s a sad situation when someone like Harvey Weinstein or Bill Cosby has had the opportunity to sexually assaulted dozens of women. We have put up with this conduct far too long.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-83778173225679867052018-04-23T22:38:00.002-05:002018-04-23T22:38:40.840-05:00Jurors and JusticeWhen I was a young lawyer, many years ago, male lawyer told me “women jurors hate women.” I heard that statement dozens of times. I didn’t want to believe it, but I was worried that “old husband’s tale” was true. It’s not. People are individuals, each with his or her own implicit biases. There is nothing to generalize. Each person does his or her best while serving on a jury.<br />
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Our last jury was comprised of six women of the seven person jury. Our trial team had three women, while the other side was all men. I believe that the jurors’ gender was irrelevant. The decision had to be unanimous and the jurors talked to us afterward. The man and the women were on the same page. In this age of Trump, jurors are as decent and fair and intelligent as always. They usually get it right, even when they render a verdict I don’t like.<br />
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In October, we tried a challenging race discrimination case. The predominantly white jury rendered a unanimous verdict in favor of our African American client, even though only 9 of 12 were needed, in record time. <br />
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Most jurors serve this important civic duty with fairness, patience and dignity. Our country may be divided politically, but when it comes to jury service, our citizens respond with courage and intelligence. Our jury system is the best is the best legal system in the world.<br />
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<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com2tag:blogger.com,1999:blog-5790700443650289835.post-80069091974419864472018-03-18T21:41:00.001-05:002018-03-18T21:41:45.601-05:00The Persistence of Unlawful DiscriminationIn 1991, when I was still a young lawyer, Congress passed amendments to Title VII - The Civil Rights Act of 1964. For the first time, trials would be decided by a jury, not a judge, and plaintiffs could recover damages for emotional distress and punitive damages. I had always been interested in civil rights, so I decided that discrimination law was the type of law I wanted to practice. Up until 1991, I tried personal injury and business cases. I was excited to handle sexual harassment and race discrimination cases. The law applied to causes of action that occurred after the amendments in 1991. In 1994, I tried my first three sexual harassment cases. I decided to handle discrimination cases for the next ten years, since surely after ten years employment discrimination would be eradicated by the new law.<br />
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It is now twenty-seven years since Congress amended Title VII. I am no longer a “young” lawyer, in fact I am rather mature. My caseload of race discrimination and sexual harassment cases, along with age and disability discrimination cases, has only increased. Recently, I have seen an uptick in sexual harassment and race discrimination. Discrimination is sometimes more subtle, but it sure still exists.<br />
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I admire my clients, who demonstrate more courage than is imagineable. They are constantly fighting back, combatting pernicious discrimination in their own lives, one case at a time. I keep reminding myself of the words of Dr. King, “The arc of the moral universe is long, but it bends toward justice.” Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-19144607539887340212018-03-04T21:39:00.003-06:002018-03-04T21:42:09.086-06:00Let’s Be Fair - We Must Investigate Sexual Harassment Lately, thankfully, women, especially movie stars, have come forward to expose sexual harassment. The most notable harasser is Harvey Weinstein, with over 100 accusers. Sexual harassers usually don’t harass in a vacuum. They are repeat offenders. I feel confident that Weinstein is a despicable sexual reprobate.<br />
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However, sometimes, recently, we may have forgotten that there could be another side to the matter. I know my belief that sexual harassment must be proven may strike some people as shocking. I handle sexual harassment claims, but there are reasons I believe my clients. It may be the corroboration by co-workers, the repeated complaints, or the credibility of the parties. However, we must be careful. I fear that we could get to a point where a mere accusation without merit, can ruin a man.<br />
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I am a feminist, but we must be fair. There is a lot of sexual harassment out there, but merely because someone is accused does not make it so. <br />
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In our sexual harassment cases, we generally have corroboration or multiple complaints. “Time is up” for sexual harassment. The ‘Me, too” movement has helped scores of women. But we cannot forget that some accusations may be false. We do not want to have a Joe McCarthy mentality. To the brave women coming forward who have been harassed, I commend you and recognize how hard it is to come forward. But, we need to not make knee-jerk judgments. It helps no one to vilify those who may be innocent. I hope I and others can vindicate women with valid claims and investigate to know the difference.<br />
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<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-49282516198299798972018-02-25T18:41:00.000-06:002018-02-25T22:10:23.363-06:00A Loving WomanA couple of days ago, my husband’s aunt succumbed to cancer. She was an amazing woman. Oftentimes, the mettle of a person is not evident until crisis strikes. This woman knew the cancer was fatal. She knew she had weeks or days to live. She faced her fears in an honorable fashion. War heroes, presidents, and members of Seal teams can envy the way she comported herself. <br />
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This woman was consumed not by cancer, but by love. She posted regularly on Facebook, up until the evening before she died. She did not post of fear nor of panic, but she posted messages of love, to her friends, her daughters and her granddaughters. This woman posted photos of those she loved the most with messages of caring and devotion, so that her loved ones will never doubt her dying devotion.<br />
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I was a voyeur, awaiting each post which showed me the wonderful, caring person she was. Her friends, daughters and granddaughters are grief-stricken, but are so fortunate to have had this woman in their lives. When her life was waning, she cared only for her loved ones. She left them with a legacy of caring, kindness and mercy. She was dying, but she wanted to care for them.<br />
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I am awestruck by the love and caring I witnessed merely from being her Facebook friend. This woman was the kind of grandmother, mother, and person that we should all strive to emulate.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com1tag:blogger.com,1999:blog-5790700443650289835.post-76561674570928396252018-02-18T22:29:00.001-06:002018-02-18T22:29:33.021-06:00Spotlight on KindnessSchool shootings, dead children, Russia probes, Neanderthal legislation, lack of common sense legislation. It’s too much. I don’t want to think any more about murdered children. Let’s go positive.<br />
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We have a Boston Terrier with epilepsy. Mimi has a severe seizure disorder. She is medicated four times a day, taking a total of fifteen or so pills daily. Her bouts of seizures, which are severe, cycle every three to five weeks, with five to ten seizures wracking her brain and her body over two to four days. We love Mimi and we have adjusted to her disorder.<br />
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Mimi is a rescue dog. Two families with small children were overwhelmed by the disorder. We were Mimi’s last hope. Mimi is the sweetest, most affectionate dog you can imagine. She sweetly gazes into our eyes, sleeps on our laps, wags her tail constantly, doesn’t mind cuddling and is our grandchild substitute. We couldn’t love her more. We feel more protective of her because of her special needs.<br />
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Mimi is black with a white belly, and a whites vertical stripe between her eyes. At night, when she goes into the back yard, she disappears into the night. One night, a couple of months ago, during the frigid weather we suffered through, Mimi wanted to go outside after dark into our fenced yard to do her business. After several minutes, she failed to fling herself on the back door, her way of knocking.<br />
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We went out to find her and she was gone. Unbeknownst to us, our fence in the back corner of the yard behind the trees had a hole in it, and Mimi must have gone through the hole and disappeared. It was around 10:00 pm, pitch black, and freezing. Little 20 pound Mimi would not survive the elements for a whole night. We were devastated and searched the neighborhood. I drove the streets around our house and found nothing. She has a tag with the vet’s number and is chipped, but our concern was more immediate. She could not survive the night outside. The night was frigid.<br />
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My husband took his car out again and, miraculously, he found Mimi. Mimi was on a neighbor boy’s leash being walked by him down the street, hoping Mimi’s owner would see her. Mimi had gone through the fence and ended up in his yard on a busy street. This boy was probably a teen. He explained to my husband that when Mimi appeared in his yard, he brought her inside to warm her. After she warmed up, he took a leash from one of his pets and walked Mimi outside.<br />
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I do not know that I would have the presence of mind to bring a strange dog in from the cold. I am so grateful to this boy who took action, which saved our Mimi. The boy did the kind, caring thing and affirmed my faith in the goodness of people. Most people are kind and caring. We must remember that in times like these.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com2tag:blogger.com,1999:blog-5790700443650289835.post-1172479387254705122018-01-28T21:56:00.000-06:002018-01-28T21:56:43.140-06:00Shattering StereotypesI watched the movie “I Tonya” today. Tonya Harding was probably never given her due. She was short and stockier, more muscular, than most figure skaters. Sure, she came from a poorer family and there was that attack on Nancy Kerrigan, but I think Harding was also penalized for her curly hair, her muscular build, and her shortness. She did not have the slim, sleek lines of an elite figure skater. The judges didn’t think she looked the part.<br />
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We stereotype people and we stereotype what powerful people should look like. In Moneyball, in both the book and movie, traditionally scouts picked prospects who “looked” like sluggers. Sabermetrics, based on analytical, statistical data, has revolutionized baseball. Jose Altuve shows us the fallacy of relying on stereotypes.<br />
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We stereotype powerful people. Most powerful people are educated white men. Latinos, African-Americans, women and other groups don’t fit in that cookie cutter. But, this world is changing.<br />
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We all have biases. Some we recognize, some we don’t. These biases are implicit. Once we face our pre-judgments, we can work on overcoming them.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-46776428596382950122018-01-21T10:14:00.001-06:002018-01-21T10:14:07.729-06:00Sexually Harassed at Work - What Should You Do?Your supervisor won’t keep his hands off you. He massages your neck when you are seated at your desk. He rubs against you as he passes you in the hallway. He tells you how bad his marriage is and how someone like you would be so much better. Or, he makes lewd suggestions, such as, “Why don’t you come here and sit on my face?” He might even grind his pelvis into your backside or grab your breast.<br />
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This job is important to you. You have rent, a car payment and mouths to feed. You think, “Maybe if I ignore him or give him a dirty look, he will stop,” But you know, in reality, the sexual innuendos and/or touching are getting worse, not stopping.<br />
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He’s not going to stop on his own. What are you going to do? Are you going to just take it, and feel horrible about yourself? Are you going to ask to move to a different supervisor or department, while worrying about the next women under his clutches? Should you quit and quietly go away? Or, should you go to his boss or Human Resources and report him, while realizing he may retaliate against you or the boss may not believe you.<br />
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You have a dilemma and there are no guarantees that if you report, the workplace will be fixed. I know how hard it is to report a harasser. I know it’s even harder to either file a charge of discrimination with the EEOC or Missouri Commission on Human Rights, or even harder to seek legal counsel. There is no easy solution.<br />
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It takes courage to fight sexual harassment. Your work environment will probably change. You may suffer retaliation, even though retaliation is unlawful. But don’t you have daughters, or nieces, or know little girls? Isn’t it painful to imagine those girls having to endure what you experience.<br />
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Fighting sexual harassment is the courageous way to go, for you and for other women. Most sexual harassers are serial harassers; you are not the first, and unless they are stopped, you won’t be the last. We are one day past the Women’s March in 2018. We hear about the “Me, Too” movement. Yet, nothing changes unless brave women come forward and stand up for themselves. You can make a difference. Don’t just take it. You deserve so much more. You deserve self-respect. You can make a difference.<br />
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<br />Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-22384173418290212452018-01-09T10:49:00.000-06:002018-01-09T10:49:00.111-06:00We’re Back!!! New Offices and Phones Are Back!We moved our offices, Bratcher Gockel Law, LC, to 4014B S Lynn Ct, Independence, MO. 64055. OUR PHONES WERE DOWN DURING THE MOVE, BUT THEY ARE BACK UP, SAME NUMBER, 816-221-1614. Email me at lynne@bgklawyers.com. We handle all forms of discrimination cases, civil rights matters, and personal injury cases. Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-32793690492543132772017-12-24T07:36:00.000-06:002017-12-24T07:36:06.673-06:00The Sexual Harassment EpidemicI have written about sexual harassment many times. Sexual harassment is in the forefront again, after women harassed by famous men have finally come forward. I want to look at this problem from a different perspective. What are the characteristics of a harasser? Admittedly, I am no psychological expert, but as a discrimination lawyer, this is what I have observed:<br />
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1. Harassers need to feel powerful because they are insecure, cowardly people;<br />
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2. Harassers do not like women, in fact they may hate women;<br />
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3. Harassers can rationalize their behavior, blaming the victim or claiming the conduct was mutual;<br />
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4. Harassers are bullies, who pick on women whom they think are vulnerable and won’t blow the whistle on them. <br />
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Oftentimes, women, who are most likely to suffer from sexual harassment, suffer in silence, afraid of repercussions, real or imagined. It is hard for any victim of any discrimination to come forward. The victims do not realize that there are probably many others who have suffered because of this person. They think they are alone and feel vulnerable. The victims do not want to be blamed, do not want to be disbelieved, and fear being ostracized or even fired. So, sexual harassment can go on for years because the victims feel isolated and too afraid to come forward.<br />
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It’s good that some actresses finally came forward about Harvey Weinstein. It’s sad that it took them decades to do so. Hopefully, the actresses’ courage will embolden other women. People do the right thing, if you make them.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-3798347097022734022017-12-17T20:12:00.001-06:002017-12-17T20:12:32.898-06:00What’s The Matter With Gray Hair?<br />
My hair is a shiny white/silver color, much more white than brown. The color is beautiful, even if I sound less than humble. The only problem is that gray hair adorns older crowns and is synonymous with old age. We don’t like older people, or at least how older people look. What’s wrong with being old? <br />
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I do not feel old at 65. While I am not at spry as in my youth, I am more content, more confident and less conflicted. I enjoy my work, my family and my life. I appreciate beauty. I appreciate art and nature. While I have less memory for proper names, my ability to reason seems intact. And, I have lots of experiences about which I have learned many lessons.<br />
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While I get that youth provides possibilities, I do not understand why we knock aging. Hopefully, as we age, we get wiser and more centered. Losing one’s faculties seems horrific, but hopefully that may not happen, or if it does, it’s years away. <br />
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I think it’s ludicrous that we have to protect employees over 40 from age discrimination. Being 40 is like being 15, with a great many possibilities. We stereotype older people as being set in their ways, narrow-minder and averse to technology. While stereotypes may occasionally be accurate, oftentimes they are not. <br />
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In any event, I love my shiny whitish/silvery hair. The wrinkles are fine, too.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-36065679867679205732017-12-04T00:02:00.002-06:002017-12-04T00:02:51.609-06:00How This Messed Up World Creates Business For Discrimination LawyersSince November last year, I have noticed an increase in racial discrimination and harassment, sexual harassment, and other discrimination cases. It makes me sad. Every day some famous man is fired for engaging in years of sexually harassing os sexually abusive conduct.<br />
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I believe that most people are kind, compassionate and giving. But those other ones, the minority of folks who are insecure, inhumane, and petty, are sure more visible right now. Most men do not treat women in the vile ways of Matt Lauer, Louis CK, Harvey Weinstein and the like. But, there are enough people who abuse power, who are evil, who denigrate others, that we have a serious societal dilemma.<br />
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I know we, collectively, are better than this. I hope so, anyway.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-79090671785265677872017-10-18T18:49:00.000-05:002017-10-18T18:50:19.763-05:00[Editor’s note] Yes, Lynne has an editor, now. She’s been occupied, fighting for truth, justice and fairness. She’s back now. Watch this space for an update on the continuing struggle.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-16805890263073730142017-08-31T22:18:00.000-05:002017-08-31T22:18:03.458-05:00Justice Because of the Uncommon Courage of Regular People<div style="-webkit-text-stroke-color: rgb(0, 0, 0); -webkit-text-stroke-width: initial; font-family: 'Helvetica Neue'; font-size: 11px; line-height: normal;">
<span style="-webkit-font-kerning: none; font-size: 11pt;">I came across some news items that make me think of the role of employment discrimination cases in our society. Companies, like all people, tend to look out for their best self interest, be it personal, financial, or simply business. Discrimination verdicts can cause employers to change their attitudes of what makes a valid business decision.</span></div>
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<span style="-webkit-text-stroke-width: initial; font-size: 11pt;">There was a case against a large chain of restaurants whose management turned a blind eye to vile sexual harassment, eventually leading to a large plaintiff's verdict. Post-judgment, that company now recruits employees, while advertising its generous benefits and safe working conditions. </span><span style="-webkit-font-kerning: none; font-size: 11pt;"></span></div>
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<span style="-webkit-font-kerning: none; font-size: 11pt;">There was another company that retaliated against its employees for blowing the whistle on unlawful discrimination. Now that company is touted as “spoiling” its employees with generous perks and fair work conditions.</span></div>
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<span style="-webkit-font-kerning: none; font-size: 11pt;">There was another major company, one of the largest in the world, whose managers at one time told disabled applicants, “We don't hire people like you.” Now that company is regarded around the world as a leader in workplace fairness and accommodations for the disabled. </span></div>
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<span style="-webkit-font-kerning: none; font-size: 11pt;">None of these companies would have changed their practices were it not for costly discrimination verdicts and settlements.</span></div>
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<span style="-webkit-font-kerning: none; font-size: 11pt;">Dr. Martin Luther King, Jr. stated, “The arc of history is long, but it bends toward justice.” In reality, the force that brings about justice is a civil one, brought about by conscious action of the brave employees willing to stand up for their rights.</span></div>
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<span style="-webkit-font-kerning: none; font-size: 11pt;">Which leads me to another of my favorite quotes, “People do the right thing if you make them." I am thankful for my clients, who, with uncommon courage, in some small but important way, have helped to bend the arc of history toward justice.</span></div>
Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com0tag:blogger.com,1999:blog-5790700443650289835.post-27325700324202000222017-08-17T14:41:00.000-05:002017-08-19T11:41:34.669-05:00You neo-nazis and white supremacists are evil.I have been representing African-Americans and others in protected class against discriminatory employers for many years, and what is going on now with our fake president is unprecedented. "There are good people marching with the neo-nazis and kkk?" Really? Not in my book. I guess those "good" people did not consider annihilation of Jews and subjugation, lynching and raping African-Americans as evil acts. "White supremacist" boys will be "white supremacist" boys, right? And those confederate "rebels" who wanted to perpetrate slaverym with its concomitant violence, rape, and cruelty, well, they weren't really traitorous monsters, were they? You neo-nazis and white supremacists are evil.<br />
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Our fake president lives in a world I cannot fathom. He has no moral core. He is infantile, narcissistic and insecure. He has emboldened the worst in our midst, many of whom are trolls on the internet and may troll my blog. They are the cowards among us, too afraid to lend their names to their racist, anti-Semitic and sexists troll posts. You neo-nazis and white supremacists are evil.<br />
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As I have written before, I have seen an uptick in racial harassment claims since our fake president was elected. I guess I may benefit financially from all of the hatred, since this outrageous conduct is more apparent and easier to prove in court. However, I would rather the world be filled with caring and compassion rather than hatred and bigotry. You neo-nazis and white supremacists are evil.<br />
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All of you neo-nazis, white supremacists and internet trolls, some of whom will be responding on either my blog or Tony's, I have a few questions for you. What made you be so afraid and hate-filled? Did your mother not love you enough? Are you so insecure that you fear people who you deem are different than you? Are you simply a sociopath, caring only about yourself with the inability to feel empathy? Why are you so despicable? You neo-nazis and white supremacists are evil.<br />
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We must be intolerant of hatred and bigotry. Look what happened in Germany, and in this country before the Civil War. Sometimes there really is good vs evil, and you neo-nazis, white supremacists and kkk'ers are evil.You neo-nazis and white supremacists are evil.Lynne Bratcherhttp://www.blogger.com/profile/05555346149209638144noreply@blogger.com5