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WBEN NewsRadio 930>Audio & Video on Demand>>3-12 Tom Bauerle Show Hour 1

3-12 Tom Bauerle Show Hour 1

Mar 13, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

News radio 930 got a dvd add. I watched the look and he would write. And think yeah if India the -- look. -- anxious and my brother maybe you're better off not having the surgery but taking the painkiller. I definitely feel stupid why apple people in carriage. -- -- I'm not only I don't know what that. Good. Kind of evicted them people who know me. I'm very happy for. These greedy and dirty you know -- -- one simple request. And that has to have sharks -- -- -- -- Well good afternoon guys are. I'm sorry I -- all the flustered right now because I was I just that the process -- by rewriting some American history. -- those who are following on my FaceBook page. Because the Grand Island schools have such an issue with guns that I was just trying to first of all. Well. Okay there they're not going to be able to teach at the 54 Massachusetts regiment in the civil war how many -- you saw the movie. -- with master Broderick and Morgan Freeman and the other guy whose name I always forget. And glory everybody -- that movie. They usually showed during Black History Month it's about a bunch of black guys. Who get together and they're recruited in the form into the 54 Massachusetts infantry regiment what they used to call eight colored a regiment. Now there is a beautiful monument to the 54 Massachusetts designed by game and Augustus saint gardens. Who designed some of this country's most beautiful boys at the turn of the twentieth century he designed the monument to the 54 Massachusetts. And I just want to let -- superintendent of the Grand Island schools no because apparently. I look I realize I have big. Genius level IQ plus some. And I realized that educators don't have that but lady sweetheart darling honey you've got to know something about the 54 Massachusetts regiment and that. The monument to it because there are not only guns. But black men carrying guns and I'm sure that that might scare the crap idea. So just be aware of that also those of who have been to Boston Common how many you've been to Boston Common how many have you spent any time a New England okay. There is a monument to the minutemen. 90 -- some of you ladies -- thinking yeah I know my husband Saturday night no. We're talking about minutemen who could rush out of their homes -- minutes' notice and be prepared to fight. Fight with words fight with Penn's fight with spit balls no fight with freaking. It's my scripts in this case all right let's see what else we after all I've also -- three hourly family album. That I have on line at my family history page. And I've had two apparently adjusted to honor Grand Island here. I I've had to cut out the picture of my great grandfather and his German uniform holding his -- rifle that's gonna have to ago. The picture of my great uncle. In World War I standing with a box of German -- don't measure grenade that's gonna have to go because those are weapons that would have to be excised from the family album. And no one else would not be excised all some a lot of that this under the sandy beach show this morning and they got a little bit confused. These civil war kept the thing it looked like a baseball at the. The civil war soldiers -- Of the infantry at the crossed rifles I believe the cavalry -- crossed shorts and my great uncle my great great uncle Peter -- he was and company M of the eleventh New York cavalry -- 900 in the civil war. I have a picture of him that's gonna have to get taken out of the family album because he was wearing a shirt though I'm sorry I have. A happy with crossed swords which could be used as weapons to kill children. So all of these pictures now in honor of Grand Island and the creek and who run the school district -- are simply gonna have to be taken out of the family album. All in -- all got New York. Others -- civil war soldiers that you in fact many of the small villages and towns in Western New York. Have these beautiful monuments were put -- the 181890s. As the civil war guys get older and more prominent they did not want their sacrifices to be forgotten so they erected across the country a seat up monuments honoring the typical union -- -- sometimes wearing the dress blues sometimes wearing the overcoat. There's a beautiful one and all got. Others another one out in I think it's up to a billion New York where were the ghost hundreds grew up by Obama I think that -- they've got a beautiful civil war monument there complete with Canon's. That's I have to get torn down I think to respect the delicate sensibilities of the Grand Island schools. And we are joined by a local attorney by the way I hope you realize I'm speaking out in riddles and speaking with extreme sarcasm. In fact this would be felony sarcasm I'm pretty sure. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Yeah look -- I didn't know that I just killed six people it was an accident but anyway James transmit is here James thanks very much and magic to be -- Thank you can't think for having me in the February. A good client and he. A client -- paid -- well. Our client that paid you well and promptly you're injured you're you're very promptly got my dad. And the check bounce just as fast and just -- hard so it's all -- all worked out well. Now first of all James transmit it looks like I don't know if you got a chance to read or hear the statement from the Grand Island schools but. I can almost imagine what happened behind the scenes in Grand Island schools the minute this story broke and by the way ladies and gentlemen I have to give credit and I wish to give credit because it's how I work. To our Ross Thompson because without Ross Thompson I would not have known about this story number two without Rus Thompson I wouldn't have had the -- in the Kenny on my show Rus Thompson basically was -- reporter on the scene in Grand Island who made this story make this radio station this story has since gone national. And the best schools on Grand Island James president. They are trying to apparently they've met with their lawyers because they're trying to make this seem as though it really isn't a First Amendment issue. Are you familiar with the brief statement from the Grand Island schools and if not would you like Peter read it to you. Yeah I didn't -- I didn't read that I did get a an email from -- Thompson has surprised me of what was going in the -- Grand Island and I really appreciate that he did some. He did some great dignity and met in that area so yes if you could read it to be appreciated. I would be happy let me just find I was afraid you're gonna say that because now I have to find -- statement from the Grand Island the schools which is on my own FaceBook page and I'm so active on my FaceBook page or sometimes lose track of where I put stuff up for my own use. Basically. Work we're gonna we're talking with James tribesmen now and we will be speaking in a just a few. Just a little benefit Ross is going to be -- -- for a bit I think we should have Steve all -- available to us from scope shooters committee on political education. And we should also I have -- some other. Individuals directly associated with this case -- here's a statement from Grand Island schools James and and -- Let's -- we can sort through the BS this reminds me of walking in the backyard where they've got a couple a German shepherds and the German shepherds have been there all winter and the snow starts to melt and you Selig little piles everywhere this statement reminds me of that kind of a backyard. And I hear hindered his. -- yesterday this dated march 12 when he fourteen. Yesterday the Grand Island at central school district received multiple requests for a response to a report. That a district student had been disciplined for wearing an MR a shirt to school. In order to. Accurately respond to the requests I discussed the incident with high school administrators reviewed district policy and consulted with our district attorney. I then emailed response to those media outlets who contacted the district this response was sent on a march 13 at 4:13. PM. And here it is dug that up. The grand island school district recognizes this matter as an opportunity to review its policies procedures and actions to ensure that they are consistent with our community to provide a safe. Learning environments. And to protect students constitutional rights. I re generate. No student was disciplined for wearing a sure expressing a position on the NRA or gun control. On behalf of the district I'm responding to your inquiry about rumors. Of purported recent discipline of a student in the grand island school district we may not disclosed the details of any particular student discipline. However in this case there is no truth to the rumor of a student disciplined for wearing a shirt expressing opposition. On the NRA we're gun control students and parents are fully aware of recent incidents of violence in schools. Committed by T shirts awake -- -- in the statement sorry let me go back students and parents are fully aware of recent incidents of violence in schools. Which are resulted in fear and concern about student safety and wellbeing and our schools our primary focus in the grand island's central school district is the safety and welfare of our students and staff. By law schools are to be gun finally and there are a mandatory disciplinary penalties for violating those laws. The prevention of violence in schools is of concern to everyone this is the biggest pileup Walsh -- baloney I've read in a long time and and our local educational climate that takes something to -- We are fully aware of the importance of -- Second Amendment that if they don't say we support basically say we're aware it's important we are fully aware of the importance of the Second Amendment. And our students' rights to free speech we have policies in place that comply with the constitution and the law such disciplinary policies address conduct as disruption of education safety issues in subordination. And welfare of our students. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Jim Tom would you like to would you like to pick up the first shovel of dog crap on the statement. You know that I think yeah I think with this case -- covered. Under. The tinker -- de Moines independent community school district and that that the Supreme Court seminal ruling. In the freedom of speech with regard to student. And tinker a group of students met at the home of the sixty year old students to plan a public protests supporting and ended the Vietnam War. Now now the kids decided to express their protests by wearing a black. Arm band between December 16 in new Tuesday. They did stage a protest in the traditional sense of the demonstration. Rather their protest was limited to the wearing an arm band to exercise their First Amendment protected freedoms of expression. Now school administrators learned of the students plan and they created an ad hoc policy requiring anyone wearing an arm band to remove it. And anyone refusing to comply with this rule was suspended. As happened students. Mark my best tanker Christopher record and John tanker three students. And the the Supreme Court agreed to hear the case and in the seven to two decision -- court ruled that the First Amendment applied to public schools. And -- that school administrators are required to demonstrate constitutionally. Valid reasons. For any specific and particular regulation of speech within public schools. And writing for the majority justice -- wrote that the regulation was based upon. And urgent wish to avoid the controversy. Which might result from the expression. Even by the silent symbol of arm bands. Of opposition to this nation's part in the conflagration in Vietnam. Therefore to justify such as -- a speech within the school administrators must be able to show that their action was caused. By something more than a mere desire to avoid the discomfort. And unpleasantness. That all is accompany an unpopular viewpoint. And let me interrupt here because as far as I'm concerned James president and I learned this a long time ago from Paul -- area. The first -- that you need the First Amendment not for speech everybody likes but for speech that people like. That's already a first. You know you know -- that's right you were talking about the civil war before and brought up it brought up my memories of the wars and I've -- through annihilation. The Second World War the Korean War -- -- Vietnam War all the wars that are. Soldiers and and sailors and brave men and women has fought in over the years and they fought for our constitution. Our constitution's. Engines is the most sacred. Documents that we have in the whole world. And when we do something to infringe upon one's. -- rights. We do something that this is -- he's a very very. I think -- -- danger to all of the other rights. So I mean it is well why did why do we even -- to go there I I don't understand it I can't figure this out. Well this. It took to my -- I wasn't fair but I know which public chain had to say and his issue. And he says that it was his assistant vice principal mr. Loria. Who had this issue with guns being visible on the sweatshirt he was wearing he being -- these sixteen year old sophomore and the guns of the NR AT shirt. I've got a guest mr. -- thought aborted turn three dimensional and then pose a threat to students and the welfare of the school which will be -- -- -- David Copperfield -- Well it means that your students suffered a prescription that first amendment rights. To Wear shirts supporting the National Rifle Association. An organization that's created to protect one of our nation's most basic freedom. Hasn't taken nothing in the record indicates that the students did anything more than expresses support. The his constitutional. Right to Second Amendment. I have to interrupt you here we're going to be heading to a break and nine and we have you for a while you set aside pretty much all day and night for me right. Right I've got you seriously and they've got a lot of people with whom you need to speak on a daily basis on how long for how -- -- I have user. Well I can stay for another fifteen or twenty minutes them. -- fifteen to twenty minutes all right I'm -- a deuce a mess around the clock then. Does the fact that guns were on the shirt have anything materially to do. With this student. Being -- rightfully. Suspended number one. And number two to me in subordination. Against tyranny is an honorable act as our founding fathers. You know. Let's just say let's face it minority and -- great teacher does not and a self created suspicion that the student is is in danger or is carrying a firearm. Or wouldn't interrupt the course of conduct simple learning environment. It's a First Amendment right to freedom of expression has been proscribed by the school district. And the student has suffered an injurious harm that's in my opinion. Now there is some feared because this kid's mom works in some capacity for the Grand Island schools. That this family may not be willing to take it to the Supreme Court may not be willing to make a big legal deal out of it but frankly. Doesn't this actually helped to guarantee mom's job because if they do anything to mom's job right now as a reprisal if they think the outrage over -- is strong. Won't get 5000 people outside that school principal and the administrator and the superintendent house if they do what I think the mom's job. I think you're here absolutely right with regard to stirring up more -- -- of retaliation that would be. That would be just unconscionable. All right James I need you to hold -- I need to break James -- is -- I would appreciate it if you let everybody on your FaceBook and Twitter accounts now that we -- one of the great legal minds of our time when it comes to the Second Amendment. With us live on the telephone is name is James tribesmen of retrenchment law firm he's a frequent resource and -- he's a personal friend of mine he's also acted -- on my behalf as much aid attorney. I've played more than. I don't wanna hold on James president's time and more mobile will give this another shot later on literally. On the program will -- you never go wrong -- -- -- scattered. It -- -- hourly and folks outraged at what Grand Island schools -- and -- the way they are retro actively trying to grasp for a plausible explanation. And the statement by the superintendent is absolutely -- work other -- -- rated and I wish I could say the word BS that's all it is it is circle -- -- -- it is speaking well the issue they're trying to make it seem like all. Well of course the student can express his viewpoint of course the student. Has a right to express his support for the Second Amendment to the constitution. But what she didn't say is well then why was the student then suspended because some of the NRA gear he was wearing head. It's GUN passed its. Guns on it. You know as if the guns were going to turn into three dimensional objects and capable of killing. You know they might inflict severe paper cut from a tax -- but that's about it James tribesman does here and James up. We've analyzed this statement we're trying to analyze this statement from your legal perspective and what I find fascinating is. The issue of the student -- -- telling us he was asked to specifically cover up the guns on his shirt. Tell me how that makes sense legally tell me if there's any legal grounds why that would be considered dangerous disruptive or in any way a menace to education in the Grand Island schools. There's there's nothing. Nothing there I mean it's it's it's ludicrous. I think the statement by the superintendent is was written by some legal team because -- think what they're trying to do. Is trying to get around that tinker. Standard. And how they do that is say they claimed that there was something dangerous and involved with regard to this this expressions. Without a better make sure that no kids are wearing shoes would -- is that because people of hang themselves were shoelaces. Well the whole thing -- there's that they would tinker was narrowed by and I'm sure the legal Eagles. This. It are assigned to the grand island school district. He knows that -- has been narrowed by the Morse chief Frederick. The standard which prohibits. Pro drug use messages. T shirts or any kind of school. Outfit and so. So they're trying to get around the the in the pink -- standard -- by saying that there was something. An inherently dangerous or. Something that would promote. The use of book firearms or something something else. But isn't that going to be in the eye of the be holder James not to interrupt you but you know aren't sure they told us -- the kid told us that he's seen kids at school -- unimpeded without discipline with church featuring a pot plants now I happen to favor legalization of drugs I don't find that -- disruptive I don't find that offensive at all to -- what -- pot plant T -- I got no issue a -- Right but but they persons that they they wanted to. Two. Let's say yes stop that children from wearing those kinds of T shirts well there is the -- again. More speed Fredricka Supreme Court again. They would probably have a good argument that although I think that they would I don't statistic woods but they probably would use that standard. But they don't have. Leg to stand down with regard to shame in wearing a T shirt. Promoting the Second Amendment and the NRA even if it hadn't gone -- or ten guns. It just -- it doesn't wash. And I think that there are legal team. It was aware of that and so they want to get around that tinker. Standards by. By the statement by the -- schools superintendent. That there was something inherently dangerous. And they promoting safety. And this safety issue with regard to the schools so. James -- you know me well enough to know that I'm a very brilliant man and this does not wash with me this is pure unadulterated crap. Well what exactly put it. To put it in the vernacular I guess it is. Yeah I'd I hate to use such high -- legal language or you know language of high dodge and as somebody once phrased it but this is crap. If you were handling chains case and his family's case there's two things here that I think are important number one. His right. To express his support for the Second Amendment which is a guaranteed allegedly constitutional freedoms that we have number two. I wanna guarantee and an assurance that his mother who works for this system will in no way shape or form be disciplined. Because of the nation wide outrage now the Grand Island schools frankly have brought upon themselves with their narrow minded -- headed liberal asinine decision. I think that there would be very foolish of the -- down and school district that the two. Retaliate against the family. I think that would that would be exactly what it looks like retaliation if they -- to do that. Just can't -- communities. So OK but as far as a shame that our -- -- would be foolish but is it necessarily illegal musher what are employment status as whether she's at Willer covered by union contract I don't know. Most school district employees are covered by union contract even even the secretary of that as far as I know I as secretary of staff force support staff. Well represented by by unions so she would have a contract she has contractual rights to her job. -- as far as Shane now the word in subordination. Was used and you know some of the real you know -- pollute more and order types like I used to be before it went rebel when I was fifty which is a kind of their role reversal I guess what most people do. Subordination. Here if you're still follows. As well if you were given an order. To remove or cover up assured which will be constitutional right to winner the only proper response to an illegal order is to dis obeyed or to be in subordinate and accept the consequences knowing that you got people like -- Jim tribesmen. And Ross Thompson. And your humble host on your side to have your back. You know I I would agree with that. Whoever you know what -- what I've always said. He can he can -- The lawful or unlawful order and then try to later. But in this case they can change it was a within his rights to Wear to church. And I think that by. Telling him not to where to take it off and to remove whatever they told them do was so was outrageous and -- Well and by the way too -- other shirts for example featuring our hands like 38 special Guns 'N Roses -- James these were -- 20/20 five years ago just to -- you -- -- job. I'll OK -- -- to Wear shirts like that or to Wear -- with Bob Marley with a blunt. If those shirts go unmolested and his shirt supporting the NRA. It is is is picked on does that not illustrate a basically disciplined by the whim and caprice of -- -- headed. -- -- It certainly is that you know. Well there there is that there is -- discrimination. Involved with regard to. So. That is -- You know it's. Could you point. Discrimination. The biggest you know my my my thing here is arbitrary and -- free -- if he's being picked on because of an NRA shirt while other shirts which advertise illegal products like despite my best wishes we'd if they go -- molested. I don't understand why he is being picked on and I hope that he fights a legal fight -- James I know you're short on time and I'm gonna have to let you go in a nutshell. If you are handling this case. What would you do. Well you know it is. I I think it's that I have personally discrimination and that with regard to. In violation of -- Do -- point. It's it's pursuing discrimination and unconstitutional. I would do this this case is -- bright for the plucking. Taker has been narrowed but hasn't been overturned. And there is no reason in the world way this young man cannot Wear his tee -- in their school or anywhere else. You know Jim there's there's one thing that I think we need to recommend the Grand Island schools I think the grand island school administrators and staff. They need some NRA sponsored. Gun sensitivity. Training sessions I think that the NRA and he's offered gun. And constitutional training sensitivity sessions for school administrators what do you -- I told I told you don't let's say they have this issue because nearly every time right up and you write her at the open. Just remember yes. Viewpoint discrimination. Is purse say unconstitutional. At all we have to remember. That's the whole issue in a nutshell. All right James I love your brother and I will be talking to you very very soon LC have personally very very soon. I'll have another check for your -- soon while we tend to certain other matters. And it's always an honor and I'm proud to call him my friend. And I do love -- brother Jim thank you very much -- -- thank you -- James president local attorney and folks I got to talk to people like Jim and sometimes I present not present I regret not having gone to law school. Because I wish I had the foundation in the law to speak as -- you'd tightly as James does and be able to cite specific cases might look my daughter. Fortunately is planning on going to law school social make up for my shortcomings so there's that is she smarter than I am -- -- like it -- my son is also Smart. All right at 344 at -- that's frightening. And it really news that was the kid went to the Sistine Chapel the first time and old -- two or guide what are really meant in the tour -- said holy crap you're right. What can I say he got BP got the Braves from his mom not for like all right anyway. Or for me. Anyway we need to break now what we come back. -- -- -- -- -- -- -- -- -- -- -- -- Russert called ladies and not building a mini -- concrete maker right now ladies and gentlemen I wanna be real clear about something to that. And folks you know that I have my own code of honor by which I try desperately to live sometimes I failed. Because I'm not perfect but one of my code of honor -- news that when somebody helps me. I like to give them credit I don't wanna sit here and say it broke this story by vice. Well because I didn't the only reason I broke this story which is now gone nationwide is because Ross Thompson told me about it. Rus Thompson while I was on the your busy. Russ made the phone calls rust is the guy who got in touch with chains dad who then -- Shane at the young man in question get in touch with me. So I'm simply the mouthpiece without Rus Thompson this would not have become a national news story. And a secure enough in my ego and everything I've done in my life to give Rus Thompson full credit. For his breaking this story. With me simply being the intermediary. In the media -- want you to know that is that is how I roll. 8030 my thirtieth news radio 930 WB EN. By the way -- great job yesterday I had a lot of compliments on your performance -- I know the traffic was light but everybody raved about your work I want -- -- know that. And I want to know I was sick as a dog yet. You were troopers are you were trooper. Are at AccuWeather for a today it is brisket it's gonna be very cold a game tonight. -- my -- the temperature is gonna stay about where it is right now thirteen degrees with a real feel of zero tomorrow we're going to be up -- 45 degrees and we're gonna get some rain in spots so we're gonna go from the second wizard of the season to. Probably now I don't have any official word on this all I know is that if I lived in Lexington green right now. I would be looking at the sky hey you know throwing rocks at the moon and anger basically. So it was somewhere we can mobilize an army to help out the fire department if you guys ever needed asked you know why I'm sure we can put together -- few hundred people to do sandbags but we also don't wanna get in the way of the first responders either sell. You know we we could certainly help if we were asked I can put together something like that but again I don't wanna get in the way of people -- do for a living your work professionals with that you would have volunteering cents. Let's go now to Ross Thompson can -- -- up please forming on the WB EM now Rus Thompson ladies and gentlemen is with T new York and -- a lot of people. Our kind of confused about what she's top how come you broke this national story and I keep telling them you broke the story Rus Thompson I -- simply the big mouth behind the microphone tell us the story of how this happened with you. Well I would just a big -- behind scenes I bit. I've read a lot of stop -- -- -- that nobody that knows. Thank god they keep those silent. The fact that we provide other yes sir yes sir. -- OK then what would happen that somebody sent me a private message on FaceBook. Told me that it that you suggested -- -- on the there -- a student had been suspended from great high school. Our a Second Amendment that I am sure that you lecturer teacher whatever actually ended up being fault. From that -- -- -- post Saddam might FaceBook page. And it started goal we need to -- got mr. we need need I got so there was a lot of people actually did. There were feeding the incredible amount of information. Via text message. The private message. Did I bet that got in contact because of all the best years. From a guy that actually -- for the hit on Saturday that the children through that rod doesn't want Donna rich world Grand Island. -- would I would get what I look cocky about it. What I had another guy named Darby he would he would been is that is all this extra. Then this guy who would call the up and he laid out -- whole story that would that I was you could actually talk to. But we got even better we get change we got full story on this sort. So -- I would. With his father's consent and permission correct. His dad was totally cool would -- affect anyone on the year. It hit bottom yet we're actually sitting over the dugout listening to the radio show. Well they -- they hit the ball and everybody got problems with the radio show everybody that we would they be your radio show. And then as a -- started to take up. What I get an 11 o'clock everybody is McGinley story showed that an end and the. Get it seemed like a bar that more than I was we were on the web page you were on -- -- Washington's side right part. Everything is EU ground. Grand Island student suspended from second of -- -- and left some like that they would want these 6000. Returns. -- -- well I knew. You know Ross so we're gonna go behind the scenes just explain to people how this story took off and why it took off I've got about a ten minute break here if you need to like make another Minnie Mae and mini mixer concrete thing -- for the people and Ecuador. So so -- -- -- there just as I mean the ones who aren't in the US already so hold on for just the second about ten minutes we'll get back to what you Rus Thompson and Ross is the guy folks he's the guy who got me the information he did the leg work he was like an -- reporter to the show and he deserves the credit for this I do not. 356 at WB Ian.

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