Wednesday, January 2, 2008

RE: [BDSM-LegalIssues] Re: New book -- good but disturbing

> -----Original Message-----
> From: cadenas_sd
> Sent: Tuesday, January 01, 2008 10:19 PM

Ah, the witchhunt is in full swing!

Burn her! Burn her!

[ Snip ]

> What is left is you *defending* these policies. And that may
> have happened in the heat of the discussion.

I'd point out that NO-ONE, not you, and not Wiseman, has offered much of an
alternative.

Sure, there's been talk of prohibiting access to records, but quite how that
helps with situations where the source is, say, "Action News at Eleven!" is
rather unclear.

> I'd like to reduce this to a few questions that I think
> extract all the relevant information.

I'd suggest that "all the relevant" is a bit of a stretch in the above!

> Leigha, can you state unequivocally "I believe it is
> inappropriate for employers to use any arrest for an
> allegation of a sexual offense to make personnel decisions
> before a trial has been completed?"

Cadenas, can _you_ state unequivocally "I believe that empoyers should be
required to retain an employee charged with the most opprobrius of crimes
for as long as it takes to fully adjudicate such charges no matter what
publicity may occur"?

> Can you state unequivocally that you will work towards law
> changes that will outlaw using any arrest record for sexual
> offenses for personnel decisions?

That's just offensive, Cadenas. Why should _anyone_ agree to "work towards"
anything just because you want them to?

You are imposing your own priorities on someone else.

I rather hope you meant something like "support law changes if and when
someone else makes the running", but it (and the whole tone of the
witchhunt) doesn't sound much like it to me...

> Can you state unequivocally, regardless of your employer's
> actual policies, that the NCSF, and you personally, believe
> that the arrest records for the following people should not
> be used for any personnel
> decisions:
>
> - The San Diego Six
> - Genarlow Wilson
> - Lawrence and Garner (of Lawrence v Texas)

If you'd pause your rush to (mis-)judgment, maybe you'd notice that perhaps
hiring (say) one of the SD Six as a child care specialist in a conservative
community may not make good commercial sense, never mind the social justice
issue? Regardless of the personal integrity any of the Six themselves, if
one is marketing to a conservative base, the publicity attached to having
someone publicly associated with being arrested for a contraversial act
makes for additional business cost over someone who doesn't.

Is that just? Of course not... But business is not about justice. In
another universe, I personally think it should be, but making that change
means dumping "capitalism" in favor of something else, and I don't know of a
"something else" that doesn't suck in other wise.

> I certainly hope you can answer each of these questions with
> a single unqualified "Yes" - and if you do, my faith in the
> NCSF would be restored.

Sad to say, the NCSF is not really what many think it is.

The NCSF is, basically, a tiny core surrounded by a huge cadre of
volunteers. While there's much talk about advisory panels and boards and
such, at the end of the day if the core group doesn't want to fight a
particular battle, they won't. Fr'instance, I personally don't think
joining the 2257 thing bought the NCSF anything much beyond a "feel good"
glow (the numbers just didn't add up: the money in regular porn is so huge,
the issues are no different, and as it turned out more results seem to
coming from a completely different action -- the 6th Circuit swingers mag.
decision -- but I reckon the NCSF wanted the press releases, and why not?

But that's fine. You can start your own organization, and devote your own
time and money towards an alternative.

Malc.

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