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The Public Schools of Westchester County New York

MARY ANN Di BARI

ATTORNEY AND COUNSELOR AT LAW

105 CROSS POND ROAD

POUND RIDGE, NEW YORK 10576

Dr. Bruce Dennis: Superintendent of Schools

Bedford Central School District:

April 20, 1995

Dear Dr. Dennis,

Be advised that I did not receive notice of your decision to hold a hearing on the issue of Magic: The Gathering, Wednesday, April 19, 1995 at 8 P.M., despite your personal guarantee to the contrary. The topic was not within the agenda scheduled for discussion at the regular meeting of the Board -- nor announced during school hours. Consequently, I learned of the hearing only upon my return from New York County (after a bomb scare) at 9 P.M., too late to be in attendance.

Significantly, Dr. George Hogben, whose opinion on the pivotal issue (stressed at our initial meeting), was conspicuously absent, for the same faulty reason. To be fair, his professional opinion concerning the detrimental psychological ramifications of "Magic~ The Gathering" merited attention at a hearing, (allegedly called to air that very issue), especially since it is widely accepted, and was known to you since the initial meeting.

In any event, it would appear that ALL evaluations were (I am told) either misrepresented, or misconceived. Dr. Nieberg, (at our initial meeting) expressed "serious reservations" about the impact on children of "occultic" symbols. Yet, the doctor confessed a curious unwillingness to oppose the superintendent's personal view of the matter at the hastily called 'hearing' on the matter.

Dr. Paulina F. Kernberg (of Cornell Medical Center) disapproved of the activity outright. Her brief, negative opinion included the following three caveats:

I . regardless of age, emphasis should be placed on WHO is the user of the game;

2. children or teenagers with emotional or behavioral disturbances may have untoward reactions in the areas of impulse control, contact with reality and time spent;

3. legal liability of the school concerning problems attributable to the use of the game being used on school premises should be explored

Dr. Flemming G. Graae (Katonah psychiatrist) found (inter alia), an aversion to:

"visual symbols of a vaguely religious sort, and a large amount of representation suggesting distortions of perception and laws of nature, violence, and bizarre or somewhat grotesque images of decay, dying or death."

Like Dr. Kernberg, Dr. Graae also issued a caveat:

"The violent and rather graphic images pose a potential difficulty for some children, especially those who are particularly troubled, anxious, or prone to poor reality testing...

 "

Again like Dr. Kernberg, Dr. Graae placed restrictions on the kind of personality that might engage in the 'game' and survive unscathed:

"One needs a certain developmental maturity to both play the game and to distance oneself from the suggestiveness or over-stimulation of the images."

 

But the restrictions require in depth analyses, impossible to measure at school.

Dr. Christopher M. Bogart (Stamford, Conn.), submitted an evaluation based primarily, on a positive aspect of the game that "socialized competition and controlled expression of aggression." Yet, even Dr. Bogart, "as an adult" found himself turned off by "gruesome... 'Deathlace' ... skull-crushing ... Demonic cards tas an adult certain of the cards struck me as gruesome and explicit in detail. For example, "Deathlace" depicts a skull being crushed by a snake. In addition, 'Demonic' cards contain figures that connote popular conceptions of what a 'devil' may look like..."and qualified his 'positive' evaluation with the following caveat:

"The above comments should not be taken to suggest that this game, or in actuality, any game, is without any risk ... (since it) could be potentially damaging...

 "

Dr. (& Reverend) Bernard J. Bush, S.J. (whose written evaluation was known to the Superintendent and omitted from his presentation at the hearing) provided a detailed analysis of religious aspersions cast in the "CLEAR OCCULT-RELATED MATERIAL."

Reverend Bush traced the terminology of pervasive, occultic language (such as 'mana'), with an emphasis on religious symbolics, and commented on inherent psychological risks as well. He warned against the possibility of children becoming "obsessed" by material "which is not based in normal reality" and "can lead to serious mental disorder."

The Board was not privy to this invaluable input however, since the concerns of the good Jesuit Doctor, like the psychological findings of Dr. Hogben, and the legal questions raised by Mary Ann Di Bari, were not heard. Is it any wonder therefore, that parents opposed to "Magic: The Gathering" claim the hearing was "rigged"? The discrimination is patent; yet only one thing is crystal clear- conduct that violates children -- especially conduct dealt from a deck stacked high with disdain for the powerless -- is ill-inspired.

Moreover, a cavalier disregard for unwilling victims -- is mean spirited, as well. Even if an unwilling child is inadvertently harmed at school, the conduct is egregious, since it is endorsed knowingly -- and recklessly -- by the Superintendent of Schools.

Notwithstanding all of the above, I invite you to alleviate the tension dividing our community and revisit a fair hearing on the issue, after due notice and the delivery of informational matter -- to all. Thank you for your consideration.

Respectfiilly yours,

Mary Ann Di Bari, Esq.