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Spotlights women this week and I'm here
to focus on the working woman.
How does the law protect her?
What are her problems, her goals--
Dammit, Gwen! Why do you always make things so hard for me?
We'll talk about that and more when we come back.
Jack Dearden just called me on the car phone
and he raised holy hell.
What are you doing here?
You are never up to speed anymore.
I told you I taped
my segment this morning,
I've got the meeting with Dearden.
Oh, they never received
the third quarter stock valuations.
- I sent them. - Oh, how? Pony Express?
Did it ever occur to you
that the screw-up might be on their end?
Until recently, there were no screw-ups.
And there aren't any now.
Really?
Last week you lost the Delahunt file,
my expense reports are late
and there is a giant stack of mail sitting over there
that you haven't even begun to answer yet.
That is your personal fan mail, Arnie.
I will get to it when I can.
Or the station can handle it.
I want a personal touch.
You do ten a day, starting now.
I have a class tonight. I am leaving at 6:00.
You know, I have been really understanding, Gwen.
Yes, I have been understanding.
You are going to law school
and I am trying to be supportive.
But, in the end, I am the one who suffers.
There are a lot of other bosses in the world, Arnie.
Some are even human
Don't push me too far--
Don't you push me!
You don't go to class until you do ten letters.
And if things around here don't start to improve
a lot you're going to have to choose.
Either law school or this job.
First, I'd like to say
that I'm especially sensitive to the concerns
of the working woman.
About the need to be treated with...
[theme music]
[music continues]
[music continues]
[instrumental music]
Sorry, I had a 6 a.m. photoshoot.
The Station has me on a brutal P.R. schedule.
Awww.
Next up, Kendrick vs. McArthur.
You're taking the trial?
I thought you lobbed it to Billy.
Don't worry, Dougie. Billy did the prep,
it's still a joint client.
This is the man who was nearly crushed to death
over the health food shake?
Gave the term 'food fight' a whole new meaning.
Susan: It was a diet shake. This case is about weight.
I'm an expert, so I figure I can wipe out the opposition.
Good luck. On a semi-personal note,
Grace Van Owen's agreed to handle Veronica Berg's hearing
which is supposed to start today?
Veronica Berg?
Her son is developmentally disabled.
She's fighting with the school board
for the money to educate him privately.
Oh, and I'd like to thank the partners
for agreeing to take this at a reduced fee.
Don't be silly, Douglas.
Ann: Glad to do it. - Who's Veronica Berg?
Okay. That's it. We're adjourned.
Who is Veronica Berg?
Douglas' ex-sister-in-law.
Hmm.
We probably should have taken your case in the first place.
You referred me to a good lawyer.
We won at the administrative hearing.
I don't think he counted on the school board appealing.
[knock on door]
Grace Van Owen, Veronica Berg.
- Hello. - Hi.
- It's very nice to meet you. - Nice to meet you.
I've just read your hearing transcripts.
Well, you've still got an uphill climb,
but I guess you know that.
I've been climbing this mountain for two years.
This appeal is just another step.
The thing is, is that even though federal law says
the states have to pay for educating disabled children
even if it means moving them to a private school.
In practice, it hardly ever happens.
But I think that with a continuance--
Veronica: No continuance.
If we don't do this today
the judge says we have to wait another 6 months
for a trial date.
Your attorney dropped you three days ago, Mrs. Berg.
I just got this case this morning.
I don't see how I could possibly represent you.
Ms. Van Owen,
my son can no longer put on his own cloths
or respond to a simple question like,
"Do you want some ice cream?"
I will do whatever you need me to do to get ready.
Summarize the hearing testimony
or research the judge's cases on education,
or iron your blouse for court.
But because my son has to stay in that school
until this thing is resolved,
the one thing I cannot do is wait another six months.
You've had your refreshment concession
on Hollywood Boulevard for how long, Mr. Kendrick?
Twenty-five years.
I'm a Hollywood fixture, ask anybody.
And Mr. McArthur has been patronizing you for the past 2?
He'd come over every day and he'd have a Health Shake,
sometimes a veggie burger.
We'd talk sports, all very cordial.
Which is why it was such a shock.
Susan: The assault.
Yeah. I mean one minute, I'm ringing up a sale,
the next minute he's bearing down on me.
Floor's shakin' with every step.
I thought I was in the middle of the buffalo stamped
from "Dances With Wolves."
Object to the buffalo characterization, Your Honor.
- Sustained. - What did Mr. McArthur do next?
Lyle: Started yellin' at me.
Cursing, called me a liar and a fraud.
He blamed me for his weight gain.
I mean, he was crazy, he was out of control.
Demanded his money back, demanded an apology,
and then I just walked away.
And he reached over and he grabbed me,
and he pushed me down.
And then he... sat on me.
- Excuse me? - He sat on me.
And he wouldn't get up.
And all of a sudden I heard a crack.
I thought my spine snapped.
It was a ballpoint pen in my pocket,
and they had to surgically remove
the ink cartridge from my thigh.
How long did Mr. McArthur keep you forcibly restrained?
About five minutes. Till the police showed up.
And what injuries did you suffer as a result
of this unprovoked attack?
I had a herniated disc,
which I may need an operation.
I can only stand for an hour,
it's killing my business, all because of him!
Thank you, Mr. Kendrick. No more questions.
Mr. Kendrick,
your ads say you offer "Fast Food That Isn't Fast Fat.
Low-Calorie, Nutritious Snacks and Shakes."
Yeah, and I've never had a dissatisfied customer
until Namu over there.
- Move to strike "Namu." - So ordered.
So you claim your Health Shake is "low calorie"?
Absolutely. Water, soy paste, skim milk.
70 calories.
But what you don't advertise is the caloric content
of the flavorings you put into this alleged Health Shake.
Pineapple, guava and papaya juices,
a hundred calories a piece.
Dried coconut, 105 calories.
Banana puree, 168 calories.
So instead of 70 calories,
your basic health shake
is actually 670 calories, isn't that right?
Hey, he didn't have to order the flavorings.
Oh, come on, sir, we both know that the plain stuff
tastes like coolant fluid.
- Objection! - Sustained.
No one would drink your so called Health Shake
if it didn't have the flavorings, would they?
Absolutely false.
A lot of my customers drink the plain shake.
I drink it myself.
Oh, really?
Really.
Your Honor, both parties stipulate
that these are Mr. Kendrick's basic 70 calorie Health Shake.
I'd like the jury to sample them.
Your Honor, I renew my objection to this.
Each juror's palate is different.
- This is highly subjective--
Overruled.
- Get on with it, Mr. Dumphy. Joe: Thank you.
Let the record show that none of the jurors
turned handsprings after tasting the evidence.
So as we've just seen, the basic drink is undrinkable.
So to get customers to buy it,
like Mr. McArthur,
you had to sell them on additives
that caused them to gain weight.
And Mr. McArthur did gain weight.
Nobody held a gun to his head.
You had him drinking six or seven shakes a day!
That doesn't give him the right to attack me!
Didn't you call him a fat-ass pig?
Yeah, after he called me a liar
and he assaulted me with a deadly weapon!
I don't think the State of California classifies
a derriere as a deadly weapon.
Oh yeah, well, he sure as hell is.
Joe: It was your shakes that were deadly, sir,
and you just kept pumping them into Corliss McArthur.
You kept ringing up those sales so you could make more money!
- Objection! - Withdrawn. I'm done here.
- Hi. - Hi.
Arnie told me what happened.
I didn't say that I believed him.
Or that I'm taking sides.
I can read between the lines, Gwen.
Roxanne, I feel uncomfortable talking to you about this.
Don't.
I haven't forgotten what he's like to work for.
He can be a complete swine.
Well, it's not just that you're involved with him,
it's, you know, other things.
Listen, Gwen, what happened between you and Arnie
is ancient history.
I'm just here to help.
[sighs] I never should have taken this job.
He made it perfectly clear what he wanted.
Complete subordination.
That word isn't even in my vocabulary.
I'll talk to Arnie.
We'll redefine your job.
McKenzie Brackman work only.
He'll go through the roof.
Look, Gwen, they don't want to lose you.
I mean, you're the only person besides me
who's ever been able to stand Arnie for more than a day.
He knows that. He won't fire you.
No, he'll just work me to death.
Listen. I had a talk with Leland and Douglas.
You know, you're due for a pay raise in March.
Well, we decided it was in the best interest of the firm
to offer that to you now.
Even if I might bolt and run?
Yes.
Working for Arnie isn't that great,
but this is a prestigious firm and they want you.
I mean, as a secretary now,
but why not as a lawyer when you finish school?
Just don't cut off your options.
I hadn't thought of that.
Yeah. I'll talk to Arnie.
I think we can work something out.
When Ricky was two, he was diagnosed
as having mild cerebral palsy, mild autism
and a severe auditory learning disorder.
And what did the doctors say this would mean in terms
of Ricky's ability to cope in the world?
They said he'd never be able to do something
as simple as button his shirt, or ride a tricycle.
But you didn't believe 'em, did you?
No, I sold my house and used the money
to put Ricky in a residential preschool
at the Logan Institute.
And what happened at the Logan Institute?
At the end of three years,
Ricky could answer questions in sentences.
He could recognize written words
and identify shapes and colors.
And he not only rode a tricycle,
he steered it around seven traffic cones.
Why didn't you leave him at Logan?
I ran out of money.
And Woodrow Wilson,
my local public elementary school,
assured me that they had
an appropriate program for Ricky.
Grace: And did they? Veronica: No.
My son was never violent.
After two weeks at Woodrow Wilson,
he started having outbursts of anger.
He hardly talks anymore.
He's lost ten pounds.
And he won't even go near a tricycle.
Now, Mrs. Berg, would you please tell the court
how Ricky spends his time at Woodrow Wilson.
For fifteen minutes each day
he's with the other children in the special education class.
The rest of the time he's in a coat closet
in the back of the room with an aide.
Grace: What is it that you want, Mrs. Berg,
from the school district?
Veronica: The law states
that if a child can't receive an appropriate education
at a public school,
then the state has a responsibility to pay for one
at a private school.
I just want them to obey the law.
Thank you, Mrs. Berg.
Mrs. Berg,
didn't you agree that Ricky should be separated
from the rest of the class
because he couldn't handle the stimulation
of being around other children?
The school kept calling me at work.
Two and three times a week,
to come and get Ricky because he was out of control.
Is that a yes or a no, Mrs. Berg?
Veronica: Yes, I agreed.
I didn't know what else to do.
How much was Ricky's annual tuition at Logan, Mrs. Berg?
Eighty-thousand dollars.
- And you couldn't afford that? - No.
But an overcrowded,
underbudgeted school district can?
What about the alternatives
the school district offered you, Mrs. Berg,
such as the autistic classroom?
Ricky is only mildly autistic.
He needs an individualized program
to address all his disabilities.
A program that includes hypnotism?
- Acupuncture? Faith healing? - Objection, irrelevant--
Haven't you tried all of these things
with your son, Mrs. Berg?
That's not what this is about!
That is exactly what this is about.
You are not looking
for an appropriate education, Mrs. Berg.
- You're looking for a miracle. - Objection!
My son doesn't need a miracle, Mr. Laporte.
All he needs is the help he was promised.
My weight's gone up and down all my life.
It took me three years to get it down to one ninety
and I was determined to keep it off.
And you thought drinking Mr. Kendrick's "Health Shakes"
would help keep it off?
That's right. I mean, even after I started gaining weight
I told him my troubles.
I mean, I thought the guy was my friend,
and here he is pushing me to drink more
and all the while he knows
how many calories are in these things.
And how did you discover the truth?
I gave one to a nutritionist,
he told me it had over 600 calories.
Joe: And you confronted Mr. Kendrick?
Corliss: I am not a violent man, Mr. Dumphy.
But he provoked me
I just... snapped.
I mean, it wasn't like he just ruined my diet,
he ruined my life.
After I started binging again, I got so fat that...
my wife found me...
sexually undesirable.
My marriage collapsed. All because of him.
His lies and his fraud.
I want him to pay for it.
Thank you, Mr. McArthur. That's all.
Let me get this straight.
You watched my client add juices,
fruit, purees and coconut to your shake,
and you didn't think it might add a few calories?
His sign says "fewer than 70 calories". That's fraud.
If you see a sale advertising clothes
"as low as twenty dollars" do you assume
that every item is twenty dollars?
Now, isn't it possible that you started putting on weight
because your wife left you?
That is not true.
Susan: And you still insist
that my client is responsible for your weight gain?
He is and he damn well knows it.
Your Honor, I would like to introduce these photographs
into evidence.
Is this you, sir, last Thursday night,
eating a large pizza
with everything at Pepe's Pasteria?
- Objection! Susan: Introducing to impeach,
- Your Honor. - Overruled.
Is this you, sir?
I-- I-- I was under a lot of stress,
you know, this trial was starting--
- I didn't know where this-- - And here,
three months ago
were you under a lot of stress
when you ordered two buckets of fried chicken,
half a dozen biscuits
and a tub of coleslaw the size of Puget Sound?
Corliss: It's called binging, Ms. Bloom!
It's a vicious cycle.
You get fat, you get depressed,
you eat to feel better but you feel worse,
so you eat some more.
I know what it's like, Mr. McArthur.
But no matter how it gets started,
don't we all have it in our power to stop?
Isn't it your own lack of discipline
and willpower to lose weight---
I was like an alcoholic
and he's shoving drinks into my hand!
Oh, come off it, Mr. McArthur.
You can't face your weight problem
so you need something or someone to blame it on.
And this time, it's Lyle Kendrick, isn't it?
I've been Director of Admissions
for Logan for 12 years.
Ricky's combination of disabilities was unusual,
but his progress
was one of the most remarkable I've seen.
And now, 18 months after he's left Logan,
what is Ricky's condition?
It's almost as if he never went there.
So to make lasting progress,
Ricky would have to stay at Logan indefinitely?
No.
Our goal is to give these children a solid foundation,
and then return them to the public school system
as soon as possible,
provided, there's an appropriate program
for the child to go back to.
What does a child get for $80,000 a year?
No class has more than eight students.
Along with the teacher and at least one aide,
there's a speech pathologist.
Children who need it receive occupational
and physical therapy on campus.
So, in your opinion, Mrs. Raulerson,
what would become of Ricky
if he doesn't get this kind of one-on-one education?
Ricky could end up living out
his adult life in an institution.
And what would that cost the state of California?
Up to two-hundred thousand dollars a year.
Thank you. No further questions.
Ms. Raulerson,
you said that if Ricky leaves your program,
he may have to be institutionalized as an adult.
Now, do you guarantee that if he stays
in your program, that won't happen?
Of course not, but his chances of--
Isn't it true that the earlier a disabled child
gets mainstreamed into the public school system,
the better chance he has at success?
Yes, assuming that the--
And yet of the 50 students
currently enrolled at Logan Institute,
ten have been there more than three years,
and four students
have been there more than seven years, haven't they?
We're talking about individuals.
We're a school, not a sausage factory.
But the longer these children stay in your school,
the more State funds you get--
Objection! Irrelevant.
The witness has a financial interest
in the outcome of this case, Your Honor.
- I'll allow it. Brian: Ms. Raulerson,
how many of your student.
attending Logan Institute are on State funds?
Forty-seven.
Brian: Forty-seven out of fifty.
The Education for All Handicapped Children Act
has been quite a gold mine for you.
- Objection! Brian: Withdrawn.
No further questions.
Why didn't you tell me this last night?
It would have ruined a lovely evening.
I complain about Gwen's competence.
Her attitude. Her hours. And you give her a raise?
Stuart never had anything but praise for Gwen.
Stuart Markowitz has a small,
quiet, back office practice,
his needs are completely different from mine.
For me, Gwen is a nightmare.
I never had these problems with you.
Like hell.
Eleven years, I had to fight tooth and nail
for every raise I got.
Did you ever think about promoting me?
No! It took Douglas Brackman to do that.
And, let's not forget, you fired me.
When did this turn into a conversation about you and me?
What is it you really want, Arnie?
For Gwen to quit law school
so she can spend more time sending out
your eight by ten glossies?
I am a partner in this firm.
Gwen is our employee.
As long as this firm benefits from my exposure,
she will answer my fan mail. Period.
This is your ego talking, Arnie.
You're a legal segment on a local news show,
not Tom Brokaw!
And you identify too closely with the secretarial staff.
You're an office manager, Roxanne,
you oughta be a little more objective.
If I were more objective,
I probably wouldn't be with you.
Overeating is a disease much like alcoholism.
If Mr. McArthur were fighting to stay sober,
and Mr. Kendrick had spiked his drinks with liquor,
I doubt anyone would blame
Mr. McArthur for losing control.
And, doctor, what frame of mind
would a person have to be in, to do what Mr. McArthur did?
An obese person's weight is tied to their self-image,
self-confidence, sexual assurance.
When someone promises to help you get slimmer and healthier,
but instead they make you heavier
that's traumatic enough.
But when it's compounded by that same person
calling you a, a fat pig or Namu,
you're looking at psychological damage.
Joe: And you trace all this back to what?
To Mr. Kendrick's misrepresentations.
If not for him, Corliss McArthur
might still be on a diet,
and a happily married man.
Objection, move to strike! Speculative.
- Sustained. - Thank you, doctor.
Nothing further.
If not for my client, Mr. McArthur
might still be on his diet. Or he might not.
Right, doctor? Yes, but I--
And if my client had never been born,
Mr. McArthur might have been so overwhelmed
by the sight of a King Burrito,
he could have fallen off the wagon
by himself, isn't that correct?
Philip: Maybe, but Mr. Kendrick's actions
virtually assured it.
The obese are especially vulnerable
to this kind of exploitation.
Really? All of us?
This is based on demographic studies, profiles--
Profiles or stereotypes?
Are you saying, doctor, that all fat people
are so psychologically unstable
that they are moved to physical assault
more easily that thin people?
No, I am not. I was talking about Mr. McArthur.
- Oh, so he's unstable? - He was provoked!
Psychologically damaged, emotionally devastated.
He sure sounds unstable to me.
- Objection! - Sustained.
I have nothing further.
[instrumental music]
I'm leaving, I'll be out of your way in a minute.
Relax. All I need is one book.
I'll get out of your way.
How's it going?
Great. This... just great.
Don't fall behind in the reading,
you'll never catch up.
And you've got to join a study group
or you'll never survive.
I guess by now you've been called on?
No, no, I haven't been called on to recite,
I haven't found a study group,
and I am way behind in my reading.
I'm getting four hours of sleep a night,
I'm carrying a full course load
I'm not even sure I can pay for,
and it's a very real question as to whether
I've even got what it takes to be a lawyer.
Satisfied?
Ah. Palsgraf versus Long Island Railroad.
That brings back memories.
Two porters stop a man from falling
as he tries to catch a train...
what was it he dropped again?
[sighs] A package.
Which turned out to contain fireworks.
Right. The fireworks explode on impact with the tracks,
causing a set of scales to topple and fall
on dear old Mrs. Palsgraf who happened to be passing.
I agree with the trial court, not the appellate.
She should've recovered from the railroad company.
How can you say that?
Cardozo's absolutely right
when he limits duty to foreseeability.
Those porters had no way
of knowing what was in that package
and they're not the proximate cause
of Mrs. Palsgraph's injuries.
Proximate cause is a convenience
used by the law to refuse arbitrarily
to follow a chain of events back beyond a particular point.
Oh, so if I leave a pair of scissors on this table
and someone uses them to murder someone,
I'm liable even though
I couldn't foresee the intended use?
- I think that's off the point. - It's on point.
The law requires reasonable behavior,
not being able to predict the weird chain of events
that you're talking about.
I'd say you have what it takes.
[instrumental music]
Okay, here's our offer.
You pay 1500 compensation for the shakes, 3500 damages.
You're nuts. What about my damages?
I agree. You're in a hole, Joe.
I'd rather take our chances with a jury.
Alright. 3000 total.
No, stop bargaining!
I never wanted to settle, I let you talk me into this.
But I won't stand here and beg.
You should reconsider.
Joe'll tell you, I carved up your expert.
I don't need an expert. I'm in the right here.
Guess again.
What the jury sees is a guy
who's got a lot of emotional problems,
who wants the world to pay--
And what about what you're carrying around, Ms. Bloom?
What about your weight?
That's not the issue here, Mr. McArthur.
The hell it's not You're in denial.
You can't even admit you've got a problem.
And instead of dealing with it,
instead of losing your weight, you beat me up.
- That's garbage. Corliss: Is it?
You know how I feel...
but you make jokes about me.
Well, whether you like it or not, Ms. Bloom,
you're one of us!
You're just sleeping with the enemy.
Dr. Leeson...
as the district's special education administrator,
do you believe you are providing Ricky Berg
with the legally-mandated appropriate education?
Yes, Ricky has regular sessions with speech
and physical therapists.
We've also started a home tutoring program.
We've seen improvement in his concentration
and his ability to respond to direct questions.
The home-tutoring seems to be helping his... interaction.
Do you care what happens to Ricky Berg, Dr. Leeson?
Of course, I do. We all do.
I just wish Mrs. Berg believed that.
I have no further questions.
Dr. Leeson,
if you're giving Ricky Berg an appropriate education
why are so many of his skills measurably lower today
than they were when he came to Woodrow Wilson
a year and a half ago?
Part of the challenge of working with kids like Ricky
is that no one knows what is going to get through to them
from one day to the next.
Doctor, if Ricky Berg were your son
would it be okay if he spent
most of his school day in a closet?
- Objection! - I'll allow it.
It's not a closet.
There are no hangers, no coats, no coat racks.
Was it a closet before you needed
a place to stick Ricky Berg?
- Objection! - Was Ricky Berg's
private classroom ever a closet?
Yes, but he's not there alone.
When Ricky's calm enough,
he and an aide work toward specific goals using puzzles
and clay and picture books.
But he's not with a qualified teacher.
He's not with other children, is he?
No.
So, if you were Ricky Berg's parent,
would you be satisfied
if he spent most of his school day inside
a former closet with a baby-sitter?
Knowing what I know about Ricky and about Woodrow Wilson
yes, I would be satisfied.
No further questions.
If that's your last witness, Mr. LaPorte,
Walter: I'll hear closing arguments.
Your Honor, I request a delay to produce a rebuttal witness.
Your Honor, either she has the witness or she doesn't.
He's reluctant to testify but I think he will.
You have 24 hours, Ms. Van Owen.
Thank you.
Lyle Kendrick wasn't just selling health food,
he was selling hope.
People like him prey on more than their victims' wallets,
they prey on their dreams.
If Mr. Kendrick ripped off old people,
by promising them relief from pain or aging,
if he swindled the handicapped or minorities
there'd be no question as to his liability.
But fat people? They're a joke.
How can you hurt them?
Well, you can...
and he did.
Corliss McArthur has a serious illness.
Lyle Kendrick pretended to be his friend,
he held out health and hope
and the promise of a better life.
He betrayed Mr. McArthur's trust.
That betrayal should have a price
Lyle Kendrick is not responsible
for Corliss McArthur's problems.
He is not a therapist,
nor a nutritionist.
He's a businessman trying to sell his product.
And Mr. McArthur chose to buy that product
of his own free will.
How dare they?
How dare they suggest
that an entire class of people
are more gullible, more suggestible,
and less able to look out for their own best interests
simply because they are fat?
[chuckles]
They want you to believe
that all fat people are alike.
Why?
Because then they don't have to deal with us as individuals.
They can claim that we're all driven by the same demons,
that we are all so fragile in our self-image...
so unstable,
that physical assault,
like the attack on my client, is somehow justified.
There are good fat people and bad fat people.
There are sloppy fat people and neat fat people.
There are well-balanced fat people
and there are unstable fat people.
Corliss McArthur is an unstable man
who battered my client.
It has nothing to do with his being fat,
and if you decide that it does,
then you diminish us all.
Tell everybody that we are people,
not profiles
and that each one of us is different.
[instrumental music]
- Hi. Come on in. - Hi.
Dan: Good Boy!
man: Ricky is the winner this time.
Ricky's the winner. You won!
Hey! Alright.
You are a winner.
Ricky, this is Ms. Van Owen.
Hi, Ricky.
Look, there's an elephant here.
Do you see it?
That's neat.
Uh, Grace, this is Dan Bardwell,
Ricky's favorite teacher.
This is Grace Van Owen, my new attorney.
- Hi. - Hi.
Uh, you sure you don't want me to stick around,
help get Ricky to bed?
Oh no, it's okay, I can take care of it.
But, um, Grace, would
Grace would like to talk to you.
Ronnie, we've been over this.
Dan, I know. And I wasn't going to ask you again, but...
[mumbling]
Oh, sweetie, come on.
Come on, let's go brush your teeth, okay?
You like that, huh?
Come on, sweets. That's a good boy.
Good boy.
Say good night, okay?
Bye.
Veronica tells me you think
that Ricky should move back to Logan.
I need you to tell that to a judge.
Did she also tell you
that if I testify against the school district,
I'll lose my job?
They can't fire you if you testify,
they can't do that.
So they'll come up with some other reason.
Then we'll take them to court.
I'll represent you, no fee.
Will you feed my kids when I'm on unemployment?
And the students I leave behind, will you
finish teaching them for the rest of the year?
I could subpoena you.
I won't be cooperative.
I won't lie but I won't say anything
that'll help you either.
I don't need your help.
Ricky needs your help.
Do you think I'd come here three nights a week
if I didn't want to help Ricky?
I want to.
I want what's best for him.
Then tell that to the court.
I care for them all, Ms. Van Owen.
For Ricky, yes, but also for John,
and Kara, and Billy, and Rachel, and a dozen more.
And some of them are far more disabled than Ricky.
I owe them something, too.
I'm sorry.
Your Honor, counsel is supposed
to produce a witness, not a media show.
I will produce a witness,
but this tape is relevant to his testimony.
Objection overruled.
But let's get on with it, Ms. Van Owen.
Your Honor, about two months
after this home movie was made,
the little boy, Ely King,
was diagnosed with cerebral palsy, autism,
and an auditory learning disability
very much like Ricky Berg.
Now that was 11 years ago.
Your Honor, I would like you to meet Ely King.
Where did you go to, school, Ely?
I graduated from Grover Cleveland High School.
And what about when you were a little boy?
I went to the Logan Institute.
Grace: And today, do you have a job at the Public Library?
Yes!
I put away books and c-- c-- c-- c-- c...
You need some help, Ely?
Uh, yes, I do.
Catalogue.
Yes. I c-- c-- catalogue new, new, new books.
Grace: Do you get paid for your work?
Yes, and I just got a raise, too.
Grace: Congratulations.
Thank you.
Do you support yourself?
My, my parents help.
But I do most of it.
Thank you, Ely. No more questions.
Hi, Ely.
Who brought you here today?
Uh, Grace and Miss Raulerson.
How long were you at Logan?
Till 9th grade.
Eight years.
And then you went to a public high school.
Yes.
Did you learn as much at the public high school
as you did at Logan?
Yes! I did!
Brian: Thank you, Ely.
Walter: Has the jury reached a decision?
We have, Your Honor.
On the claim of assault and battery,
we find for Mr. Kendrick, and order damages
in the amount of 5000 dollars.
And on the cross-claim of fraud and false advertising
we find for Mr. McArthur,
and order damages in the amount of 5,000 dollars.
Well, I'll be damned.
Well, it would seem the scales of justice have balanced out.
Ladies and gentlemen of the jury, thank you.
- We are adjourned. - Sorry.
I know you called me unstable,
but I'd still like to thank you for what you said.
Your Honor, have you ever had one of those dreams
where someone is talking to you,
but you don't understand them,
no matter how hard you concentrate,
you cannot figure out what the words mean?
Now imagine experiencing the whole world like that.
Everything you see, or touch, or smell
makes no sense to you,
it's all chaotic and, and frightening.
Now, imagine that you only have
partial control of your own body,
and the world is this constant, clamoring jumble
that you're supposed to navigate, somehow.
Well, that's what Ricky Berg experiences every day.
But somehow the Logan Institute
made contact with Ricky
and they helped him to communicate.
They helped him to recognize shapes and colors.
They helped him to take a tricycle
and make it do what he wanted it to do.
And what did Woodrow Wilson Elementary school do?
They put him in a closet.
And because they cannot provide Ricky
with an appropriate education,
they want you to believe that no one can.
They want you to think
that this is unnecessary spending, when the truth is,
the more we, the taxpayers, spend on Ricky now,
the more we save in the long run.
Ricky Berg can be as independent as Ely King,
but until the public schools
can fulfill their obligations
to a child like Ricky,
sending him back to Logan
is not just the right thing to do,
not just the legally correct thing to do,
it is the responsible thing to do.
Thank you.
Your Honor, in an ideal world,
every child would have his own teacher,
his own computer,
the best textbooks,
and for a disabled child,
a whole battery of therapists.
In the real world, the State of California
gets about 4,500 dollars per child per year.
Now, if they're going to have to pay
private tuitions out of that,
they're going to have to cut a lot of services.
And I'm not talking about intramural sports
and art supplies.
They lost those two or three budgets ago.
I'm talking about science equipment
and desks and books
and teachers.
The law says that the state
must provide every disabled child
with an appropriate education,
not the best that money can buy.
The school district can give Ricky Berg an appropriate,
beneficial education in a main-stream environment.
Let them do it.
Let Ricky Berg get on with the business of learning.
On my desk. Tomorrow. A.M.
Arnie, these depositions have to be filed by 5:00 today.
So? I'm not tracking here. Is there a problem?
- Yes. Another late night. - Excuse me, Gwen.
I have to be on the air in 40 minutes.
The last thing I have time for are your problems.
There is no question that public school funding
in this state is disgraceful,
and that cost is an appropriate
and necessary consideration in these situations.
But, the bottom-line is a beneficial education.
While it may be cost-effective
to put this child in a closet with an aide,
I find it neither educationally beneficial,
nor the least restrictive environment.
I am upholding the finding
of the Administrative Hearing Officer,
and order that Ricky Berg
be re-enrolled at the Logan Institute
until a truly appropriate public school program
can be found or designed for him.
This hearing is adjourned.
- Thank you. - No, my pleasure.
Nicely done.
Grace, Mrs. Berg,
the School Board will file an appeal, of course.
Wish I could afford you for the next round.
Well, you can.
Sure.
Thank you.
man: Fifteen seconds to floor.
- Here you go. - Thank you.
- How do I look? - Fabulous.
You've come a long way in five weeks.
- You think so? - Definitely.
You have mastered the art of video foreplay.
And three... two... one...
We're back, with legal eagle, Arnold Becker.
Arnie, what do you say we go back to the phones?
We have time for one more call.
Agnes from City of Industry is on the line.
She's got a problem at work.
Hi. This is Arnie Becker. How can I help you?
Agnes: Mr. Becker, I have a problem at work.
I feel like a slave.
I'm sorry to say that's not unusual.
Agnes: My boss keeps giving me more and more work to do.
Sometimes he threatens to fire me unless I stay late.
That's really unfair.
Agnes: Well, I think so, too.
Isn't there anything I can do?
What do you think, Arnie?
It doesn't sound like she has enough for harassment.
Now, if he had propositioned her--
Agnes: Oh, oh, he's done that several times.
Well, once he even seduced me.
Right in his office.
- You're kidding! - Arnie, I certainly hope
she can sue this slime.
Absolutely. In fact, you've got yourself
one hell of a lawsuit.
Agnes, at the very least, I'd say
you're looking at the high six figures.
Agnes: Wow!
That is, assuming that he's got the money.
What does the creep do for a living?
Agnes: Well, that's just it. You'd think he'd know better...
Well, he's a lawyer.
- A lawyer? - Right.
Someone who should be able to sympathize
with someone going to law school.
Arnie: Law school?
That's what I said, Arnie.
I think maybe you should try talking to him again.
Forget talk. Sue the miserable pig.
Can I include pain and suffering?
Agnes. Let's not be too hasty.
People can change.
Now you sound like an exceptionally
fair-minded person.
Why not avoid litigation?
Give him one last chance. Negotiate.
Maybe you'll get everything that you want.
Why, do you really think so?
I've got a very good feeling about this.
Give it a shot.
And if that doesn't work, then sue him.
Well, thank you for the advice... Arnie.
Julie: And thank you all for watching.
That's the news for now.
[theme music]
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