A Fairhope corrections officer was fired because he showed another officer a YouTube video excerpt from "Song of the South" using a city computer, and made comments the other officer considered racially offensive, according to public records.
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| Tony Avera |
The name, sex and race of the other employee were redacted by the city. An accompanying letter from City Clerk Lisa Hanks said the city withheld some documents and redacted portions of others, citing "the City’s EEO/Harassment policy."
According to a "Notice of Termination" dated Jan. 10, Avera showed the second officer "video taken from the movie 'Song of the South,' which featured 'Uncle Remus' and the 'Tar Baby.' You used a City of Fairhope computer to access the video on the internet and to display it to (redacted). In addition, you questioned (redacted) the use of the 'N' word and its context by African Americans versus Caucasians. Both of these incidents were racially offensive to (redacted)."
In boldface type, the notice continued, "You violated the City's Equal Employment Opportunity/Harassment Policy and the City's policies on computer and internet usage."
"Song of the South" is a Walt Disney production released in 1946. Using animated characters and live actors, the musical is set in the Deep South during post-Civil War Reconstruction. It is based on the folk tales of Uncle Remus and features Br’er Rabbit, his Briar Patch and the Tar Baby.
Cartoon excerpts from the film were also released, and today several excerpts are available on YouTube. Some of its content was considered racially offensive even in 1946.
The city also released Avera's formal grievance dated Jan. 17, in which he disputes the allegations and said he only intended to explain what "being thrown in the briar patch" meant.
According to Avera's grievance, he and the second corrections officer were discussing their supervisor's decision to remove a television from their work area and the announced suspension of employees' Internet privileges. Avera said it had been "common practice for employees to watch television and utilize the Internet for viewing videos, playing games, or other activities when they did not interfere with our duties."
In response to the other employee complaint about the changes, Avera said he stated that "they can 'throw my (butt) in the briar patch and send me to Afghanistan.'" The other employee asked what his reference to the briar patch meant, and Avera said he explained "the story of Br'er Rabbit and the Tar Baby."
By way of further explanation, Avera said he showed the video on YouTube. The other officer expressed the opinion that it was racist, and he disagreed. The conversation moved on to his question "about the use of the word otherwise known as the 'N' word by African-Americans."
Avera said the other employee never expressed discomfort, and that he had never been accused of racism. "To the extent that (redacted) was offended by this conversation, I want (redacted) to know that I am deeply sorry for any discomfort (redacted) may have felt and I regret my failure to perceive this," his grievance said.
Avera is one of six Police Department employees recommended for firing by Chief Bill Press. One of the other five dropped an appeal and was terminated; another retired.
Details about allegations involving the other employees have not been made public. No other Personnel Board hearings have been held on the remaining three, who have not been identified.
Neither Press nor John Beck, the attorney representing Avera, returned telephone calls seeking comment Wednesday.
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