Finding time between juvenile half-baked insults, a poster named “Billy Smith” had occasion to pontificate on this humble blog. Taking time out of his busy schedule of “being close to the case,” Billy set the facts straight and attempted to somehow correct my opinion.
His input was welcome, and the debate was enjoyable, but like all good things — it ended. Billy Smith faded away and so did the Tennie Pierce scandal that brought him here…to a blog…even though he hates them. LA County and the villainous John and Ken moved on to more pressing matters and so did I. Until this week.
On March 14th, Christine Pelisek of The LA Weekly published a piece titled What Really Happened At Fire Station 5? Nobody can accuse the LA Weekly of being a tool of the John and Ken show — a part of the vast right wing conspiracy. No. Much like Seven Days in my native Vermont, LA Weekly is an artsy type of local freebie. It is a paper from which you can always depend on a gratuitous attack on George W. Bush if you need cheering up.
So what does the article say? What did Pelisek learn in her months of research on the subject?
Los Angeles Fire Department engineer Clinton Arrigoni was getting ready for bed at the old Fire Station 5 in Westchester when he was cornered by four of his fellow crew members, including 49-year-old veteran African-American firefighter Tennie Pierce. Arrigoni wasn’t surprised. He was soon being promoted to captain, and per tradition, he was a tempting target for a “chairing.”
The four firefighters gave him two choices: walk to the hose tower, located behind the station, or be carried. Arrigoni walked. Once there, his hands were tied to a chair with duct tape, then he was showered for 10 minutes with mustard, ketchup, salad dressing and barbecue sauce…
Of course supporters of Pierce claimed that photos published with Tennie at the forefront of pranks on other firefighters were old and not really relevant. This incident happened two days before Tennie was served dog food. Naturally, that argument didn’t hold water from the start anyway. There is no statute of limitations on pranks pulled when they are relevant to a case such as this. This is especially the case when the pranks performed by Pierce were plainly more insensitive than the one pulled on him (The “Oy Vey! I’m Gay!” prank for example.)
Pierce was boisterous and well liked, and, at a towering and broad-shouldered 6 feet 5 inches and 280 pounds, he also excelled in sports like volleyball, where his spiking prowess was legendary. One colleague from Station 61, where Pierce worked from 1991 to 2003, says, “He was always the big horse at the trough: ‘If you serve me, I will spike the ball back, because I am a Big Dog.’ ”Two days after Pierce and the others showered engineer Arrigoni with ketchup — an incident never before reported publicly — the Station 5 crew decided to grab an early-morning volleyball game at nearby Dockweiler State Beach. Pierce began loudly bragging about being the “Big Dog,” his longtime nickname, and avidly taunting a fellow crew member, Latino paramedic George Arevalo — at 5 feet 7 inches nearly a foot shorter than Pierce. One player, firefighter Glen Phillips, tells the L.A. Weekly Pierce was shouting, “I take craps bigger than you!” at the much smaller Arevalo.Pierce’s laughter and gross taunts seemed like no big deal — at the time. But within hours, Arevalo, a quiet type who was studying to become a helicopter pilot, would feed dog food to Tennie Pierce in the Station 5 kitchen…
This story had been reported before but largely ignored by the main stream media. It puts the dog food into context and gives motivation to the prankster who had been taunted by Pierce. It leads one to believe that neither the selection of the pranked nor the mode of prank were selected on a racial basis.
In a three-month investigation, the Weekly has learned that the crew present when Pierce ate dog food was not “nine white members,” as Pierce claimed in an emotional plea to a packed City Council chamber on November 28; that a taunting incident cited by Pierce as proof of harassment and retaliation was actually led by a black firefighter; that leaders of a respected black firefighters’ organization refuse to call what happened to Pierce race-based; and that Pierce called it “water under the bridge” — before hiring an attorney.
“Vance Burnes, in particular, was persistent with his harassment of Pierce and even when Pierce was speaking with a captain, Burnes kept barking like a dog and asking how dog food tastes,” his claim alleges. After confronting Burnes, Pierce says, he then found a can of dog food in his truck.
However, again lending some credence to the criticism that Pierce is not a victim of racial harassment, the Weekly has learned that the key firefighter Pierce named for taunting him that day at Hotchkin training center, Vance Burnes, is black. (Burnes refused to talk to the Weekly.)
Billy liked to claim that the lawsuit was not about the prank or its alleged racial nature – is was about the harassment he received after filing the complaint. This is not true. Only after the explosion of attention in the media did Genie Harrison change her tactics. She knew she was fighting a losing battle. They were on to her.
Even if this claim were true, there is no doubt that Pierce’s complaint of harassment was heavily laced with the belief that his harassment was also based on his race. LA Weekly has effectively blown holes in this idea as well. Pierce’s teasing was lead by a black firefighter.
A few hours later, Arevalo went to Ralphs grocery store with Captain John Tohill and two other firefighters. It was Arevalo’s turn to cook, and he had planned spaghetti and meat sauce...Tohill bought the dog food with the idea of placing the can on Pierce’s plate as a lighthearted trophy for recent “Big Dog” volleyball and handball victories.The dinner bell rang around 6 p.m., almost 10 hours after Pierce had taunted Arevalo. After Pierce’s highly charged appearance with his lawyer, Genie Harrison, before the Los Angeles City Council in November, incorrect media stories nationwide repeated Pierce’s blatantly false description of the firefighters gathered at or near the community table that night as “nine white members.” In fact, the eyewitnesses, who actually numbered eight, were a racial and ethnic mix: Two are Latinos — George Arevalo and Mike Perea — and Kelly Niles is Asian-American. Glen Phillips and Mike Pagliuso are white, as are captains Tohill and Burton, and rookie David Flynn.
Station 5’s racial diversity was also reflected in the shift’s workers not present in the kitchen: Battalion Chief Steve Coleman, staff assistant Oscar Scott and paramedic Mark Flot are black; engineer Mike Telles — one of Pierce’s friends — is Latino; paramedic Ron Lingo is white.
These paragraphs speak for themselves. Pierce and Harrison have shown they are not afraid to lie to get the money they want. Such evidence should be remembered when considering credibility.

Tennie Pierce being sensitive
To the crew, it was another absurd and over-the-top station prank without racial overtones. Both captains, Tohill and Burton, say they were unaware of Arevalo’s plan, and firefighter Phillips says he was watching TV when he was surprised by an eruption of laughter. But Pierce and his lawyer, Harrison, insist the incident was a conspiracy in which his crew set him up for a group humiliation.According to Niles, because Pierce was so clearly pissed off, Captain Burton told instigator Arevalo to go apologize. Niles and Pagliuso went along. Niles says Arevalo admitted to Pierce he had put the dog food in his spaghetti, and Pierce accepted his apology and called it “water under the bridge.”“He was like, ‘I know, man — it was a prank,’ ” Niles, the Asian-American firefighter, told the Weekly. “ ‘I know you guys were playing around.’ ”Captains Tohill and Burton also spoke to Pierce, and at 8 p.m. summoned the rest of the crew to a meeting to explain that Pierce had calmed down. In their reverse-discrimination lawsuit, the two captains say Pierce “emphatically requested that it [the incident] be kept quiet.”
This just goes to show you what happens when a love of money and a greedy lawyer get involved in something. Pierce’s natural immediate reaction was understandable and his forgiveness was the right thing to do. You can read a lot more into the truth of an incident by what happened immediately after than you can by testimony of someone coached by a lawyer to maximize earning potential.
While firefighters defy efforts to end hazing, they have their own internal unwritten rule: Don’t mess with a co-worker’s food, family or equipment. But they don’t always obey even that rule. Firefighters have eaten green napkins, served in salad like lettuce, and been tricked into downing bottles of Tabasco. One firefighter at Station 14 in South Los Angeles in the late 1970s made a lemon meringue pie out of sawdust and shaving cream, using empty Marie Callender’s boxes and tins for realism.
Dog food has also been slipped into firefighters’ food before. In the early 1970s, white firefighter Francis Brown was tricked into eating a dog-food meat loaf after he repeatedly hogged the leftovers — a no-no behavior known as “maggot messing.”“He was halfway through [his meat loaf] when the guys started barking,” says Schneider. “He found the [dog food] cans on the window. He then sat back down and finished eating the whole meat loaf.”A white captain, Doug Close, got tricked into eating dog food in the 1980s after he refused to chip in for daily meals, then got caught chowing down. “For the rest of the man’s career, they would buy a can of dog food and clean it out and would put all his pencils and pens in it,” says Schneider. “He would just shrug it off. It went on for 10 years… Most firemen know that the worst thing you can do is complain.”
This was a major talking point with the make-Tennie-rich crowd. They endlessly claimed that no firefighter had ever been fed dog food. Making a rather large leap in logic, they claimed that since the prank had no precedent, it must have been racially motivated. This would be a very weak argument even if it were true, alas, like so many of their claims — it wasn’t true.
Yet just before Thanksgiving of 2004, a little over a month after he ate dog food, Pierce told Station 5 Chief Coleman he wanted disciplinary actions against Burton, Tohill and Arevalo, the slight Latino whom he’d compared to the size of his craps. He asked to be transferred away from Station 5 — and to see a psychiatrist.He contacted the National Association for the Advancement of Colored People, reported the incident to the city’s Office of Discrimination Complaint Resolution and hired an attorney, later switching to Genie Harrison. After the dog-food prank, Pierce rarely worked again — only about 40 days over the next two years.Employment attorney Lee T. Paterson, an author of a book on employee and labor law who is not involved in the case, says Pierce’s behavior fits a classic approach for building a case in court. Paterson says, “The more the person is injured or damaged, the more money you will make: Pierce gets sick from dog food, takes Tums, and he is back to his normal self and comes back to work. What is that worth? Not much. But if he is sick? His wife testifies he hasn’t had sex? He can’t go back to work? There is an advantage for the attorney and the plaintiff to have a lot of damage or at least to talk about a lot of damage. The second stop is the plaintiff’s lawyer’s office, the next stop is a psychiatrist.”
We didn’t really need an expert to tell us this did we? Please tell me that we are smarter than that!
It is a matter of some note that despite Harrison’s outreach to the president of the Stentorians, an association of African-American firefighters, that group’s leader has refused to depict the dog-food hazing as racist.President Armando Hogan recalls that he learned of the debacle from a member, and in turn contacted Pierce, who wasn’t a member at the time. “We reached out to Pierce when it first happened,” says Hogan, who is black. “Someone who worked in that battalion called me up, and I got in contact with Pierce. No members should be subjected to any inhumane treatment. We don’t want it to happen. We wanted him to know we were going to be a support system. What we don’t support is anybody’s behavior that is disrespectful in the work force.”
But after delving into it, Hogan tells the Weekly, “I can’t say he was fed dog food because he is black.”
I’ll leave you with a couple more gems.
“You got to give Harrison credit,” says Paterson. “Someone in the City Attorney’s Office got scared… If this firefighter used to go into burning buildings and was horribly damaged by two bites of dog food, I can see settling the case for $50,000 or $20,000; $2.7 million is a complete capitulation.”
And this one.
During her negotiations in the summer of 2006 with City Attorney Rocky Delgadillo, Harrison produced a sociology professor who claimed that eating dog food is connected to racism. David Wellman, a professor at the University of California at Santa Cruz, stated that the association of a black man and dog food was linked to slavery. In an article in the Santa Cruz Sentinel, Harrison said Wellman’s views were fundamental to her case. “He and I worked closely for many months developing strategy,” she said.Some civil rights advocates scoff at Harrison and Wellman’s dog-food-and-slavery argument. “I scratch my head,” says Joe Hicks, the black vice president of Community Advocates Inc., a human-relations organization. “I… have been in the trenches a long time around issues of racism. I just have not heard the connection with dog food or black people.”Well-known retired black civil rights attorney Leo Branton, who was approached by the NAACP to publicly support Pierce but declined, says, “Being fed dog food isn’t a big deal… Dog food doesn’t kill anybody, and it doesn’t make you sick. Back in the days of slavery, they didn’t have such a thing as dog food. That is a false statement.”
All this goes against “Billy Smith’s” argument that the lawsuit was about the harassment he received after complaining and NOT about the prank being racist. The basis for the lawsuit may or may not have changed, but it did not start that way. A change in strategy is reflective of a thoroughly debunked set of claims. Time to move the goal posts.
The article goes on to talk about the utter incompetence of the city attorney and city council. But that is a different issue for a different blog.
I originally intended to include quotes from “Billy” but to my surprise, when going back and looking at his comments…all I found was a dizzying mix of arrogance, weak personal insults and vague statements about the case. At the time I noticed that he never debated the facts, he always ignored ideas that I presented. In effect he did a very good job of not leaving himself open to analysis in the future, it was almost as if he didn’t know anything about the case. Funny.