Authors: Don Lee
It might take years to litigate, and itd entail an enormous amount of resources and money, and still we might not win, especially in the current climate.
But this is Cambridge, Joshua said. I cant believe this is happening in fucking Cambridge.
There are powerful constituencies at work, well-funded ones on the extreme right, and theyre driven by a general hysterical fear of the unknown, which of course is, at its root, about intolerance.
Barbozas got to be a closet queen, Jessica said. We turned to her, faltering over the non sequitur. So theres nothing we can do? she asked.
Theres one tactic I can suggest, Margolies said. File a criminal complaint of malicious destruction. He cited Chapter 266, Section 127, of the Massachusetts General Laws, which set the penalty for wanton destruction of personal property at a maximum of ten years in prison or a fine based on the value of the property. Its unlikely hed get any jail time, but itd be an expeditious way for us to make our point.
What are the chances hed be convicted? Joshua asked.
Fifty-fifty, Margolies admitted.
How long would it take to litigate? I asked.
We could submit the complaint as early as Monday, the arraignment would be in a week or two, the trial five or six months after that.
What about the costs? Jessica asked.
Were willing to do this pro bono, Margolies said. There is a monetary threshold, however, for filing the charge as a felony. We need to be able to claim that Barboza caused damage in excess of $250. Is that something we can claim?
I could see Jessica mentally tallying the expenditures for the repair material, which could not have been much.
You should also factor in the reduction in the mannequins market value, since theyre no longer in their original condition, Margolies said. That loss would be irrevocable, I imagine.
Jessica had arbitrarily priced the mannequins at $3,000 apiece, never believing anyone would buy them. In that case, she said, yes, definitely more than $250 in damage.
All right, then, we can do this, Margolies said. But I have to warn you, if we go forward, youll have to be prepared for the resultant shitstorm. It wont be just Barboza. The Christian Coalition and other factions will probably marshal their forces to support him under all sorts of guises. I wouldnt be surprised if there were protests and dirty tricks to try to discredit you and the 3AC.
Are you shitting me? Joshua asked.
No, Im deadly serious.
Thats beautiful, man, Joshua said. This will be war.
Margolies gave us the weekend to think it over.
As Sunday evening approached, one 3AC member after another phoned to say he or she could not make the potluck that week. All good reasonsa deadline, a relative or a friend visiting, a gig out of town, tickets to a show. Jimmy was the only one available. When he heard no one else was coming, he said hed give this one a miss. Grace didnt bother to call at all.
I made pajeonscallion pancakesfrom the batter I had already prepared, and Joshua, Jessica, and I ate them with rice and kimchi in the kitchen.
I checked these guys out, I told them. The CCFE. Theyre a bunch of kooks. They want to ban prayer in the schools and eliminate the word God from all government entities, including money.
So theyre atheists. More power to them, Jessica said.
Yeah? You know they also support NAMBLA? The North American Man/Boy Love Association. Theyve gone to court for convicted sex offenders. Theyre trying to get the sale and distribution of child pornography legalized.
Thats nothing new, Joshua said. The ACLUs been doing that for years. When youre trying to protect civil liberties in absolute terms, you end up having to defend the indefensible.
I think we should let everyone have a say in this, I said. It affects the rest of the 3AC. We should tell them whats going on and put it up for a group vote.
Screw that, Joshua said. Do you see anyone else here? Fucking cowards. The first sign of trouble, they bail.
They all had legitimate excuses this weekend.
Every single one of them? By coincidence?
Lets wait until next Sunday, I said. Theyll all be back then.
Thats bullshit, and you know it. They deserted us. Its just us now. Were the only group that matters. Whats your problem? This is just like at Mac. Why are you so afraid?
This was not just like Macalester. I had always regretted my initial reluctance to act then, chagrined by my passivity, and I had been committed to proceeding now. I wanted apologies. I wanted retractions. I wanted denunciations. Yet that was before Margolies had promised a circus. I did not want that kind of strife or notoriety. Not over this.
This just doesnt feel right, I said. It might escalate and get out of hand, and thats exactly what Margolies wants. Thats why theyre pursuing this. Theyre not looking out for us at all. They want to use us.
Im being publicly humiliated, and now you are, too, Jessica said. Youre going to let that pass? This is about our dignity.
Once Barboza made the egg roll comment, he crossed the line, Joshua said. He made it racial. Theres no way we can back down now. The crazies and detractors will come out, but so will supporters and admirers. This will make us famous. Itll help our careers, Im not too disingenuous to say. And the timing couldnt be better for you and me, bro, with the Fiction Discoveries issue coming out next month.
That shouldnt be our motivation, I said.
No? Lets not be naive. We cant sit around waiting for things to happen. Weve got to make them happen. Nothings going to fall in our laps. That only happens to beautiful white people. Im telling you, that photo of us in the Record, someday itll be reprinted in magazines and biographies as a watershed moment for the three of us.
I knew I wouldnt get anywhere with Joshua, but I tried to sway Jessica privately when we were in the basement later, doing laundry.
This is a mistake, I said.
Ive become a joke, she said, putting her clothes in the washer after I had moved my load to the dryer. Ive got to salvage my reputation.
You can do that with another exhibition.
No ones going to give me another show nownot if I let this go. Joshuas right. Even if the shit comes down, at least my name as an artist will get out there.
Are you sure its worth it? I asked. Are you sure thats how you want to make your mark?
Are you implying the shows not worth defending? she asked. That its something I should be ashamed of?
I wish you had exhibited your paintings, I said, looking at the stacks of canvases against the wall. I think these are wonderful. I really think thats the direction you shouldve followed.
Dont obfuscate. Answer my question. Say what you really mean.
Why do you think all those other organizations wouldnt take the case? Purely out of legal considerations?
Answer me.
Maybe, I told her, the Globe review had some validity. Maybe there could have been more substance, fewer gimmicks.
Youve got a lot of fucking nerve, Jessica said. I cant believe this, coming from you. Youve written one good story in your life, and you took what could have been Esthers slot in the Discoveries issue, no compunction whatsoever, even though youre on the staff. For what?
Thats not fair, I said. I did have compunctions. A lot of them. I wanted to pull my story. Joshua convinced me not to.
And hes the god of propriety, Jessica said. I hate the bitch right now, but Esthers the real deal. You know that. She works hard, she deserves to be recognized. Whereas youre always complaining you dont have time to write. Let me ask you: When will you? Will you ever do anything instead of just talking about it? Maybe you should just quit, Eric. Give up trying. The world doesnt need another dilettante, and thats all youve ever been.
Barboza filed a counter-complaint against Jessica, Chapter 272, Section 29, for public dissemination of obscene and pornographic materials, which was punishable by a maximum of five years or a fine of $10,000. Both the malicious destruction and obscenity complaints would be heard in ten days by the clerk magistrate of the Third District Court of Middlesex County, who would determine if criminal charges should go forward against either party.
This is scandalous, Barboza told the Globe. I cant believe she and her misfit cronies want to waste taxpayer money on this. But if they want a fight, Ill give them one.
This time, in addition to newspaper reporters, local TV crews showed up at the house, and Margolies and Joshua were all too happy to grant interviews.
Freedom is about tolerating what you might despise, Margolies said. If you cant do that, youre un-American.
Its clear with the councilmans recent remarks, Joshua said, that hes a bigot. Were demanding his resignation. We will not condone this kind of racist conduct. Asian Americans will not be anyones patsies.
Some City Council members began to backpedal from their initial decision not to cancel the show. Its possible that the exhibit constitutes a form of artistic recklessness, the vice mayor said. One of the Arts Council members alleged that she did not know the exhibit would contain sexually explicit material when they had approved the projecta barefaced lie, since Jessicas application had described exactly what she planned to do, her only alteration using casts of real genitalia instead of sex toys.
With increased ardor, the story was rehashed on talk radio stations, and the head columnist for the Boston Herald, Joe Quinney, addressed the subject with particular zeal. Over in the Peoples Republic of Cambridge, he wrote, where the diversity-university PC police run amok and City Hall is banned from displaying Christmas trees, its apparently permissible to display your private parts in public, as long as you call it art. (P-p-please. Is it possible to alliterate any more than that? Joshua said.) This is yet another example of the sordidness polluting our society, where this cheap, imitation Mapplethorpe with penis envy is being allowed to parade her perversions in a public place. (Yes, its possible! Joshua cackled.)
Paviromo, in one of his rare visits to the Palaver office, asked me, very amused, What in the world is going on in that house of yours? I didnt think you had it in you, my boy.
There followed, as Margolies predicted, protests and rallies. Demonstrators gathered in front of the City Hall Annex with signs that read THE FIRST AMENDMENT DOES NOT PROTECT FILTH, STOP PORNOGRAPHY NOW, GOD HATES SINNERS.
Anonymous hate mail was sent to the house, and anonymous hate phone messages were left on the machine: You gooks are pervs and Fucking chink whore, go back to China.
We unlisted the number and stopped answering the telephone. Still think this was such a great idea? I said to Joshua.
Give me the damn code so I can erase this shit.
No. We might need the tape later for evidence.
The story was picked up by the wires, the AP writing City Councilor Charged in Stolen Porn Case, and presumably the article was reprinted in the Saratogian, the local paper in Saratoga Springs, for one evening I came home to find that Jessicas father had called the house. They had had no communication in seven years, although, surreptitiously, her mother and younger sisters had been in occasional touch with Jessica.
Her father had left a two-sentence message on the answering machine. You shame me, he said. You are not my daughter.
I knocked on her door. Jessica? She was lying on her bed in the dark, turned toward the wall.
You heard it, she said.
I heard it, I said, squatting down on the futon.
She sat up and leaned her back against the wall to face me. I should have listened to you, she said. I never thought itd get so crazy.
I dont think any of us really had. At Mac, with Kathryn Newey, everything had gone so peaceably, so easily for us, we had been lulled into believing that we would be sheltered from true adversity. Itll die down soon, I said. It cant get any worse, right?
In the last two days, she had been told by Martinique College of Art that her contract as a teacher would not be renewed, and she had been fired from Gaston & Snow.
Im finished as an artist, Jessica said.
Youd be surprised how quickly people forget things. In a year, maybe even less, I bet no one will remember any of this.
I went to Mount Auburn Hospital this morning, she told me.
You did? Reflexively I thought about Mirielle, wondered if she was still a medical secretary there, if she had heard from any MFA programs, if she was still seeing the temp. Was it another panic attack? I asked.
Jessica picked up her wrist braces. My hands have been killing me. I couldnt stand it anymore, so last week I went in to find out about the surgery, and they did a bunch of tests. I got the results today. After all these years, now they tell me I might not have carpal tunnel at all. They think I might have rheumatoid arthritis.
I didnt know anything about the condition. Is it treatable?
Its chronic and progressive. She flexed her hand, opening and closing her fingers, the tattoo of the green peacock quill on her forearm pulsing. They dont know, it might be a different kind of arthritis altogether. Im supposed to see a rheumatologist next month. But I went over to Longwoodwhere she proofread part-time for the New England Journal of Medicineand did some research. It all fits, all the symptoms. My bones could start fusing. My fingers could twist up and become permanently deformed. It might get so I cant grip a paintbrush or craft knife anymore.
The image of Jessica crippled, no longer being able to do what she loved most, was heartbreaking. Try not to dwell on it right now, I said. Wait till you hear from the rheumatologist.
It doesnt matter, Jessica said. I dont think I was ever cracked up to be an artist in the first place.
How can you say that?