Event celebrates hostelling, honors firefighters

Fire Station 2 today, a hostel and museum.
RJ Peltz-Steele CC BY-NC-SA 4.0

The extended family of the Firehouse Hostel & Museum in Little Rock, Arkansas, came together last week to celebrate accomplishment, to honor firefighters, and to raise funds for a new annex in support of fire safety education.

The event featured Razorback college football veterans David Bazzel, now a radio personality, who emceed, and Gary Robinson, 1964 national champion (then, now), who keynoted.

Gary Robinson is the younger brother of legendary Major League Baseball third baseman Brooks Robinson, a retiree of the Baltimore Orioles, who had planned to attend but could not. 

Gary Robinson and me.
RJ Peltz-Steele CC BY-NC-SA 4.0

The Robinson brothers graduated from Central High School (National Historic Site) in Little Rock. As kids, they spent time at Fire Station 2, where their father was a career firefighter. In a prerecorded video interview, Gary and Brooks reminisced over the firehouse, their father, and his co-workers.

The sporting legacy of the Robinson family is of course especially meaningful in Arkansas and in Maryland. As I lived in those states between 10 and 20 years each, I've felt a special connection to the Robinsons. My father is a big fan of Brooks, and I was a childhood supporter of the Orioles. Brooks retired in 1977, when I was six.

Linda Fordyce stirs up the crowd.
RJ Peltz-Steele CC BY-NC-SA 4.0

Long out of service and after years of neglect, Fire Station 2 provided the building that the city of Little Rock and an army of volunteers rehabilitated to serve as the hostel and museum, which opened in 2016. I worked on the firehouse hostel project as one of those volunteers until I left Arkansas for New England in 2011. I took (dubious) honors for having traveled the farthest for the event, edging out a charitable soul from Colorado who contributed more valiantly by populating two tables with local friends.

The Firehouse Hostel and Museum has been the brainchild and passion project of two extraordinary people, Linda and John Fordyce. They conceived of the hostel more than 10 years before the hostel opened in 2016, and they have shepherded the project with nothing short of parental love since. Last week they were in attendance as leaders and coordinators. With characteristic tirelessness, they now are spearheading the drive to develop the annex.

Reep introduces Benton; Bazzel looks on.
RJ Peltz-Steele CC BY-NC-SA 4.0

The Fordyces' passion for travel as cultural education, hostelling as social learning, and the merits of the firehouse as an urban redevelopment project in particular are famously contagious. I could not resist signing on and served in roles as varied as bathroom cleaning and representative to a national meeting of Hostelling International USA.  At the event last week, the enthusiasm the Fordyces still exude was palpable. Many faces I remembered from the 2010s were there and still are vitally involved, importantly including Greg Hart, who lends his accounting wizardry, and Johnny Reep, a retired fire captain of legendarily large personality.

Other presenters and honored guests included Tanya Hooks and Marvin L. Benton. Another Central High alum and a major mover in the Little Rock non-profit sector, Hooks is a board leader for the hostel and museum. Another retired firefighter, Benton is an inspiring advocate for fire safety education, especially for children, and author of a book in that vein, Unfallen Hero.

In Unfallen Hero, Benton tells the near-death, line-of-duty story of having suffered agonizing burns over 39 percent of his body. When doctors said he could never fight fire again, he told the audience last week, he lobbied his superiors for a job in fire safety education. When they questioned whether he would be comfortable appearing before audiences with his disfiguring scars, he said, he answered: "If these scars on me would save just one child, ... it will all have been worth it."

After the example of the Memphis Fire Museum, Linda Fordyce said, the Little Rock museum, with Benton in the lead, hopes to make fire safety education accessible to all children in Arkansas. Fordyce and Benton said that fires and the horrific injuries they inflict are too often easily preventable.

You can support and read more online about the Little Rock Firehouse Hostel and Museum.

'FERPA Close-Up: When Video Captures Violence and Injury'

With Kitty Cone, Esq., I've published FERPA Close-Up: When Video Captures Violence and Injury, 70:4 Okla. L. Rev. 839 (2018), available to download from SSRN and elsewhere.  We are grateful to the staff of the Oklahoma Law Review, who were meticulous and a pleasure to work with.  Here is the abstract.

Federal privacy law is all too often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing the ability of plaintiffs to access needed information.

Mass. SJC refuses worker-union privilege in civil discovery

The Massachusetts Supreme Judicial Court refused to find a worker-union evidentiary privilege in a civil lawsuit by an educator against her school, affirming the Superior Court.

Nancy Chadwick, a Massachusetts teacher at Duxbury High School and former president of the Duxbury Teachers Association, alleged bullying and harassment by a direct supervisor, leading to her dismissal.  She sued for discrimination and retaliation in December 2014.  At issue in discovery were 92 emails sought by the defendant and alleged by the plaintiff to be protected by a union-union member privilege.

The SJC, per Justice Hines, refused to recognize the privilege under Massachusetts labor law or in common law.  The Court recognized that labor statutes at both the state and federal level, the latter per National Labor Relations Board precedent, can privilege communication by union members.  But looking to the apparent intent of the legislature in Mass. Gen. L. ch. 150E, the Court reasoned that the scope of that privilege is the protection of collective bargaining rights, not the furtherance of a civil lawsuit.

In the common law analysis, the Court admonished that its power to recognize privilege under Evidence Rule 501 to be “exercised sparingly.”  The Court observed that the Supreme Court of Alaska recognized a broad privilege under state statute in 2012.  But that is the minority position.  New Hampshire declined to find a privilege in grand jury proceedings in 2007.  And a California appellate court opined in 2003 that the authority to create such a privilege should rest with the legislature.

The SJC agreed that “the Legislature may be in a better position to decide whether to create a privilege and, if so, to weigh the considerations involved in defining its contours.”  McCormick on Evidence (3d ed. 1984) was quoted in a parenthetical: “It may be argued that legitimate claims to confidentiality are more equitably received by a branch of government not preeminently concerned with the factual results obtained in litigation, and that the legislatures provide an appropriate forum for the balancing of the competing social values necessary to sound decisions concerning privilege.”  Moreover, the SJC found “speculative” any harm that might result to the plaintiff for the court’s refusal to recognize the privilege.

In a footnote, the SJC clarified that its decision did not diminish inherent judicial powers to award protective order, as under civil procedure rule 26(c).

The decision is significant in part because Massachusetts is regarded as a state (or commonwealth) friendly to organized labor.  The SJC decision asserts a conservative view of separated powers such as to interpret statute and to evolve the common law under rule 501.  The latter especially has implications for other potential common law privileges, such as the journalist’s privilege.  Also, because the decision arises in the context of public employment, the lack of union privilege may have implications for construction of sunshine laws that incorporate common law and “other law” confidentiality by reference.

The case is Chadwick v. Duxbury Public Schools, no. SJC-12054 (Oct. 4, 2016) (PDF).