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Original subtitles

Previously on Picket Fences. We received a federal court order this morning.

Starting on Monday, 400 black students are being bussed here from Green Bay.

What? I certainly don't want to see congested classrooms.

I'm ordering that 400 Rome students be bussed out to Green Bay.

Jimmy, assemble your men. Go down to the school. Keep those students from

getting off the buses.

I'm not your wife talking. I'm the mayor.

Do it.

You want a confrontation, Colonel?

You, Sheriff?

Now, these kids are going to get into the school.

Okay. Must not be late.

We will select 133 names from each of the three baskets, the elementary, the

junior high, and the high school.

And the first 400 names picked will be those students bused to Green Bay.

Now, since my own children are involved, as well as the children of some of the

other city council members, we decided also to pick a disinterested third party

to select the students' names.

Just get on with it, for God's sake.

Mr. Lawson, I will have you thrown out if you don't keep your mouth shut.

Yeah, well, I think my mouth speaks for a lot of the people in this town. Well,

I don't doubt that, but since I'm the mayor, I'm the one who speaks. Have you

got that? Oh, yeah, I got it.

And next month when I'm running for mayor, we'll see who has... Don't

for it now. Sit down.

All right, I will now select the name of the person who will pick the student.

If the person whose name I've picked is not present, I'll just keep on plucking

until we find somebody who is. So please, if your name is called, be a

and come forward.

Douglas Wambaugh.

This is the first raffle I ever

won. Before I begin, let me say, Vince Lombardi was from Green Bay, and he put

it best, busing should only be used for away games.

Doug?

We'll pick a name. Yes, we're going to start with the elementary, please.

Uh -oh.

Richie Levine!

Libby, don't send them with a yarmulke. They'll beat them to a pulp.

Just pick.

I'd like to be a part of things.

Zachary Brock.

I want to go. I like Green Bay. You're not going. Come on.

When's the bus supposed to come down? It's coming. It's just not coming for

John Lewis is going to pull him out.

Just teach him at home. Come on.

He's going to need to go, you know.

I'm not.

Thanks. Bye.

Okay, I worked it out with Henry Novotny. They can start it as early as

Monday.

Do you feel all right about this?

Of course I don't feel right about it. The whole thing makes me sick. But do

really want Zach bust out?

No. No.

Well, this is the best alternative.

So instead of going to Green Bay, they're going to church?

Oh, it's not church, Mrs. Levine. No, it's a private school.

We're calling it Belmont Noble and Grenau after the three families who are

funding it. And the Plymouth Church is just temporary facilities.

And all the kids who got picked in the lottery get to go to this, right? That's

right, for a nominal fee of $50.

What about the education?

Well, the school board has agreed to loan out teachers, books, supplies, and

Michael Oslo has agreed to donate his time as acting pro bono principal.

In fact, since the classes are smaller, the education might be better.

And what about the rest of us, whose kids are still in the regular schools?

Well, so far, I hear that everything's going just fine.

Now, let's turn our attention forward to the quaternary period.

This period was broken into two epochs.

The earlier of the two was the Ice Age in the Northern Hemisphere.

Can anyone tell me the name of that epoch?

Wait, how about one of our new people?

Aisha Campbell?

Can you tell us, please?

Miss Campbell?

Can you tell me the name of the epoch?

No.

Have you read the assignment, Aisha?

Miss Campbell, I am the teacher and I asked you a question.

Have you read the assignment?

Mm -hmm.

Good.

Now, in addition to doing the reading, another requirement here is class

participation.

So, can you answer my question, please?

Mr. Steinberg, maybe she doesn't want to participate.

Maybe, Kimberly, you should let me finish my discussion with Miss Campbell.

I just thought that since, you know, everybody's so new... New or old, we

rules here.

And sometimes the rules need to change.

One that won't is who is in charge of this classroom.

All right.

Let's open our books, please.

Chapter 2, page 68.

I'm very upset.

When I give an order, I expect it to be carried out. I don't expect mayors to be

trying to stop me using their police departments. I do not expect mayors to

jury -rigging private schools in order to circumvent the spirit of my orders. I

think you should be just a little more cognizant of my expectations, Mrs.

If a town wishes to set up private schools, it has the right.

Is that so?

Yes, this is Wisconsin.

Parents can teach their kids at home if they want. They don't have to send them

to any school.

So none of our children will be going to Green Bay.

But I'll be sure to tell everybody just how upset you are.

You're right.

I have no recourse against those parents.

But a mayor who orchestrates an end around to circumvent desegregation?

She's all mine.

You're under arrest for contempt of federal court. Take her.

What? You can't do that.

Oh, watch me.

Hey, I'm only the co -mayor. And you're the one I want. And be sure to put her

in a cell without windows. My husband is a sheriff. You're not going to get away

with this. Where are you taking me?

What the hell is this?

The beginning.

That's what this is.

Just the beginning.

Well, dammit, he arrested her.

Now, how the hell can he do that? They took her away in handcuffs.

He's trying to get her to squash her little private school plan.

And that's legal? He can just lock her up?

Yes. Federal court judges have broad contempt power. This guy likes to use

He can just lock up a mayor?

Look, your wife picked the wrong judge.

Now, this man has been acting very erratic for the past few months. Nobody

why. Maybe he's a nut. Maybe he just has a political death wish.

How do I get my wife out of jail?

Hire a lawyer.

Take it to appeals. There's nothing I can do.

Thank you.

Uh, deputy.

Um, I've been meaning to ask you, uh, do you want to have dinner sometime?

What?

Dinner sometime, you and me.

Sure.

Get me out of here. We're off to see Judge Nance in Chambers, but first I

to know exactly what went down. What went down is I let you talk me into

the mayor. Get me out.

Now. We'll get you out. Nance is an ornery son of a bitch, and I don't want

antagonize him and make things... Oh, the man lived for antagonism. I have

children and a medical practice. At least I did.

My patients have probably gone on to find another doctor by now. If I sit in

this jail cell one more hour, that judge will enjoy a very...

Special relationship with antagonism. Get me out.

Now!

I'm not talking to her. What would I say?

We could start with hello.

She doesn't look like she wants to talk.

Come on.

Hi.

I'm Kimberly Brock. This is Roseanne, Susan, and Heidi.

Uh, where's Alicia?

Bolted. Oh.

Anyway, well, we just wanted to introduce ourselves.

I brought with me Sheriff James Brock, who happens to be the husband of the

woman you have so capriciously jailed.

I'm all a flutter.

Listen to me, Judge. Sheriff, Your Honor, Mayor Jill Brock's actions are

supported entirely by the law.

Now, I will tell you as her attorney that she has gone to great pains to

that each decision she has made be grounded in a legal basis.

How nice.

Now, while she has been careful to stay within the law, I would submit that

you... Have not.

This is an extraordinary abuse of judicial power.

And I would respectfully request... Well, power tends to be most abused by

ones that got it. Don't you agree, Sheriff?

My wife has done nothing wrong. Your wife used technical maneuvers to get

the law.

Now, I don't give a damn if she had an attorney to help her do it.

I find that contemptible.

So I'm holding her in contempt.

The perk I get comes with my big black robe.

I'm not intimidated by you or your big black robe.

No, I can see you're a tough guy.

When those students got off that bus, you were the big boy standing there with

your gun and all your deputies making those kids feel so very welcome.

If you stood up against the National Guard, I would have thought you at least

had some guts.

A judge shouldn't behave like this.

Get out of here, tough guy.

I'll let your wife go when I'm ready.

Max, I'll put these in lockup for you.

Okay.

Oh, I'm sorry. No, that's my fault. No, it's my fault. No, okay, it's your

fault. No problem.

Hey, Max, Thursday and Friday are good for me. You want to try and have dinner

then? Uh...

Well, actually, this week is so lousy for me. How about next week?

Oh, no.

The week after is even better because then I go off graveyard.

Oh, well, let me see. How about never?

How does that work out for you? Never good?

Oh, no.

No, I really want to go out.

I do.

Okay, well, let me know.

Okay.

Yeah,

you better buy your own book because you ain't going to be marking up mine.

even staying here and if i was i would be buying a history book my mother told

me ain't nothing but lies anyway oh look these things have fun and they got

mirrors too see what you look like yeah i look fine and you know that oh i know

that see you scared and white boy what

you looking at nothing well it looked like you looking

at something

Don't she look like that?

She's okay. You just make her nervous.

You don't make me nervous.

Let's go.

Open number five.

Clear.

Am I supposed to quake?

There's nothing else you can do to me. You've taken the only shot available to

you. And now I suppose you'll be taking yours.

You are the walking, talking personification of federal government

And what are you the personification of? Using troops to stop those buses.

Have you got children, Your Honor?

Two. One's dead, but tell me about yours.

Alive and safe.

I want to keep it that way. I'm not going to apologize for that. And if

acting out your personal hardships on the bench, then I suggest... All I'm

trying to do is give some kids a chance. Same as me. But different kids. Okay,

fine. Consider me slapped. Can I go now?

I don't think you understand.

You're not going anywhere.

Well, you can't just lock me up here indefinitely.

You know, there seems to be a big misperception about that.

You see, I can.

Contempt is one of those broad powers belonging to me.

And I'm exercising it for all of its elasticity.

I don't get it. There are a lot of real bigots out there. People much more

dangerous than me.

Why are you coming after me?

Because I've been trying to catch the mayor of a small town for a long, long

time. And now I've... Got one.

So I'm not letting you go until I get exactly what I want.

Now, do you get it, Mrs. Brock?

Yes, I get it. And here's something for you to get, Judge.

If you are keeping me here until I say, okay, you can take our kids to Green

Bay, I will rot in this cell.

My Zachary is nine years old. You will never, never take him away.

That is from a mother.

And as a mayor, I won't let you do it to the others either.

Maybe I better lock all you mothers up.

Well, maybe you better.

It's against the law.

What he's doing is against the law. Just calm down. I will not calm down. He's

got my wife in jail.

All I've got to do is send in my own troops.

Look, you can't keep her in there forever.

If we can go into appellate court and demonstrate that the jailing will have

effect on her, we should be able to get an order for her release.

When will that happen? I'm on my way to court right now.

The question they'll be asking, and the one I have to answer is, will he be able

to change her mind?

Not a chance, and I will not be bullied by you or... No, you'll just dig your

heels in, because that's the traditional thing to do.

What, black students coming into your town?

Well, you better dig those white heels in deep.

Mrs. Brock, you better get in that dirt up to your knees. Oh, stop with the

ridiculous hyperbole. At least Jesse Jackson throws in some interesting

to make it fun.

Now, as Jesse Jackson, I bet Martin Luther King really pissed you off. No,

really pisses me off is you categorizing me as a bigot so that you can preach

your rhetoric.

And that's what desegregation is.

Rhetoric? I have nothing against desegregation. I have said that to you

beginning. I just don't think you can thrust it on a town and expect us...

been 40 years since Brown v.

Board of Education, and I'm thrusting it? It's still radical. You have to give

us time to... We've had enough time.

This is 1994.

Time has run out. Do you hear me?

Time has run out!

He won't let her out?

How can he do this? She's not a criminal.

He's on some black power ego trip, that's all.

I didn't mean it like that.

Is she okay?

Yeah, she's okay.

She's fine.

The CBS News poll, however, shows 53 % in favor of the president's plan. The

bill is expected to go to the House on Thursday.

In other news, U .S. District Court Judge Harold Dance yesterday jailed the

mayor of Rome, Wisconsin, after... This is the same town where the mayors shoot

people, right?

This is not a good place to be the mayor.

Why can't she make bail?

Because the judge...

Won't give her bail.

So, how long will she be locked up?

Just as long as I see fit.

Shouldn't you be in court? There are a lot of other lives you could be ruining.

Oh, this is more cathartic for me.

Being in a steel cage with a bigot. Oh, gee, my liberal pride is so wounded.

Let me get down on my knees and beg for forgiveness.

You don't seem to be making much progress here. What do you want from me?

the one who stood before the town hall.

I recognized the bigotry.

I stared those people down, and I said that Rome was a prejudiced community.

After which, you sent out the troops.

I was scared.

What, that's an excuse?

I was scared?

Oh, it's okay to be prejudiced, just as long as you can back it up with fear.

Oh, here comes the speech.

Hey, lady, don't you ever get smug with me.

The fact that you recognize a bigotry makes you worse.

Your discrimination was knowing, and that to me makes you a thousand times

malignant. Hey, I'm supposed to protect the welfare of a town.

And that welfare is promoted by excluding blacks? It's promoted by

against violence. And you guard against the violence by excluding blacks? By

avoiding the tension and the confrontation.

By excluding?

Blacks! By keeping the blacks away from the whites, both sides are involved.

By keeping the blacks away from the whites.

I didn't mean it like that.

Right.

But sometimes it comes out like that just the same.

I guess Aisha's right.

You're scared of us.

Look, why don't you mind your own business, all right? I'm not doing

you. Well, what's going on?

Is she your friend?

Yeah, she is.

Black people make her nervous, which is making us nervous.

Just tell her we don't need her help, all right?

Oh, hi.

Look.

I don't want to go out with you.

I dated a midget.

I slept with my shrink, who I then arrested.

Then I posed for those pictures.

I don't need to be dating the DA for my sake, for your sake.

It's a bad idea.

Okay.

What's the real reason?

I just told you.

Right.

Max, if there's anything we both know, it's that you're fundamentally lonely.

Now, if the right man came along, you wouldn't think twice about jeopardizing

your career. So let's just admit I'm not the right man, okay?

Okay.

Let's admit it.

Okay.

Now my question is, how can you be sure?

I mean, there's something going on between us.

There has been for a long time.

We both antagonize each other without even knowing why.

Are you really sure that we are not right for each other?

Yes.

What's going on, Max?

What if you did turn out to be the one?

I mean, from what I've seen in this town the last few weeks, that would be the

biggest disaster of all. I mean, I'm not going to fall in love with a man I know

I wouldn't marry.

I'm sorry?

You're black.

I'm white.

Not that that makes any difference to me, but it sure does to society.

And therefore it does to you.

Well, no.

Look, if we go out, one of two things could happen.

I mean, it could end up being a short -term thing, in which case, why bother?

I mean, you're the DA, I'm a deputy, and there's too much at stake, so why

bother? Or it could turn out to be a long -term thing, maybe even a forever

thing, in which case, what if we had kids?

Half black, half white.

They'd get the worst of it. I mean, is it fair for us to do that to them?

So in fairness to our children, we shouldn't have them.

Don't make it sound like I'm being stupid. I'm just...

Being stupid.

You're right.

I'm just buying into all this insanity.

Well, I won't.

I'm not going to let this town get to me.

I want to go out with you.

How about next Thursday?

Well, I'll check my book. I'll get back to you.

Good.

Good. She's got a visitor? I said no visitors. I'm her only company.

Her son?

Oh, well, five minutes.

It's your kid.

Hi. How did you get here?

Jimmy drove me. He did?

Is this your cellmate?

No.

Honey, this is Judge Nance.

Hello, son.

Can you say hello to Judge Nance?

Hi.

When are you coming home?

Oh, I'm going to be home soon.

Everything's going to be just fine.

Matthew says I need new clothes for Green Bay.

I need baggy clothes.

I wouldn't be taking fashion tips from Matthew. Does Daddy know you're here?

Couldn't find him.

He wasn't at the office.

But Kenny's taking me right back. I'm so glad you came. I missed you.

You too. Thanks.

You don't make me nervous.

What? You don't make me nervous. I've just tried to be a little nice. If

a problem with that, it's yours, not mine.

Then I got a problem.

Can I get by?

Bitch.

What did you say?

Nothing.

What, you decided to make me a little friendship project and I'm supposed to

all grateful?

I haven't decided anything.

I just thought you were a little uncomfortable in class, so I asked the

to lighten up.

The only thing I've decided is that you're not worth it and I shouldn't

time.

Don't push me. Get off me.

Let me tell you something. Don't you ever...

Put your hands on me again. Do you understand me? Unless I will take you by

pretty brown hair and pluck you all.

I'm not afraid of you.

My own daughter.

She started it.

I didn't start it. You're just too cool to be nice to somebody's wife.

Stop it!

Now, let me tell you both something, all right? This isn't just a schoolyard

fight. I could bring assault charges and add on hate crime, because from what I

see here, it applies.

She's the one that hates.

Who's calling her a bitch?

Wait. Wait a minute.

What was this fight about?

You wanted to be nice, right?

You wanted to be left alone.

You were offended by that, so you end up pulling each other's hair out. What is

that about?

What is wrong with you, Kimberly?

Can I leave, please?

No, you cannot leave.

And you're too big to accept a little kindness, is that it? No, not from her.

Bitch. See?

Kimberly, watch it.

Aisha, you're going to get a lot of crap thrown at you.

There's a lot of attitude over you even being here.

And you're going to have to have the common sense to pick your battles.

Now, she may not be acting like it right now, but she's one of the good ones.

If you want to fight everybody who says something funny to you, that doesn't

make you strong, Aisha. Look, I just want her to stay away from me, okay?

And I just want her to stay away from me.

You can't legislate cultural attitudes.

I agree.

But the only way for the two sides to get over their ignorance is to put them

together. Let them know each other. But you can't force it. But unless you do a

little forcing, it's never going to happen. And if you don't give us the

But the time has run out!

Why can't you get that? Why do I have to get that?

Who set the deadline?

Why do you keep shouting we're out of time?

Maybe you're out of time.

What are you about to get disbarred, Judge? Are you out of time?

As a matter of fact, I am.

I've got cancer of the liver.

What?

I've got about six months.

So that makes me desperate.

Maybe that's what your little Rome, Wisconsin needs.

Desperation.

What's the deal here, Joe?

You see the deal.

I'm just standing out there. My business is off.

Well, don't say I didn't warn you.

Hey,

kids. Hey!

Shouldn't you kids be in school?

Reset.

Yeah, I see.

Well... My name's Ed Lawson. I'm running for mayor next month.

My candidacy is official today.

See, the problem with spending your whole life in the same town is you get

spots.

I could really use some feedback from a fresh pair of eyes.

So you guys have anything to say to me, anything at all?

I'd love to hear it, okay?

Okay.

Okay.

See you around.

I really

don't know what else to say except that...

Well, let's not have a hallmark moment here.

So that's what's going on.

You're trying to put the world on your timetable.

You're going to fix race relations in six months because that's your deadline.

You have to know how unfair that is.

You want to know what's really unfair, Mrs. Brock?

Those children that went to school back in 1954.

They were called niggers.

They were taunted, beaten.

Some of them even killed.

Well, I made a vow to myself that one day I'd make a difference.

So I went to law school, became a lawyer, superior court judge, and now

the federal bench.

And look at all the difference I've made.

My own son.

What about your son?

He was killed in a peace march.

He was stepping along for racial equality in Washington, D .C., our

capital.

Violence broke out.

Somebody stabbed him.

Two weeks later...

I had a white supremacy case. Counsel asked whether I should recuse myself.

I said, no, I can be objective.

And you know what, Mrs. Brock? I was.

My evidentiary rulings were right on.

I was a perfect impartial jurist, a prototype judge.

I rose above my personal situation and played my proper role in this

wonderful system.

Then I went home.

And I came this close to putting a gun in my mouth.

How dare I be so damned objective?

What gave me the right?

My own son was killed. So many others were killed.

And here I am preserving my judicial integrity.

Well, I am sick to death of being a role model judge. I'm sick of it.

I'm sick of it all.

I

know

I can't change the world.

I know this.

But maybe I can affect one small town.

Before I go, just one small little town.

Rome, Wisconsin.

That's not right.

You're dying and you have no choice and you're trying to take the choice away

from the rest of us.

You had choice.

And you abused the privilege.

I had choice.

24 years on the bench, and I abused the privilege.

Well, my last six months are going to count.

I've got to make them count.

How can they take it under advice? What the hell's going on? They'll probably

rule by the end of the day. And if not, she just sits there.

Jimmy, Zach's in your office. He's upset.

Mm -hmm.

Hey,

Zach.

What's wrong?

Saw Mom in jail.

What if she doesn't get out?

Oh, she'll get out.

Don't you worry about that.

And Ertgen was in a fight.

Some black girl tried to kill her. Oh, no, no, no, no, no. She's just fine. It

was just a little pushing and shoving. Are you okay?

I don't want to go to Green Bay.

I know.

I don't want to go there.

Oh, it's okay.

We're not going to let you go. Don't you worry about that.

We're not going to let you go.

You can't withdraw now.

This case goes to the Supreme Court in less than a month.

Well, I'm thinking of resigning my position as district attorney, so the

needs to be reassigned.

What the hell is going on?

I don't want to live in Rome, Wisconsin anymore.

I've become a little disillusioned here.

So what?

You're going to pack your bags every time a town disappoints you?

I hope you got a good set of luggage.

Look, I was prepared to face a lot of things when I came here.

And now that I've faced it all, I guess I can move on.

Grow up, Counsel.

Whether you want to admit it or not, you represent the black leadership in this

town. What the hell are those Green Bay kids going to think if you throw it in?

Think about the plank they're walking.

Think about how scared they are.

You're their hope. I'm not.

Look, for all we know, I could represent their futility.

I'm the man that supposedly made it.

Law school, D .A. I'm off to the Supreme Court, but at the end of the day, what

do I add up to in Rome, Wisconsin?

Nothing. Is that what you think?

Here's a hot flash for you, Mr. Littleton.

You, more than anybody else, represent the center of Rome, Wisconsin.

Don't look so shocked.

It used to be Jimmy Brock.

Today, it's you.

Oh, he's still admired and loved, no question.

But on pure integrity, you're a bigger influence.

I sit up on that bench and I see it.

And here's what else I see.

The black man has made strides in government, in law, in medicine, in

every arena except the heartlands.

In small -town USA, the African Americans still need pioneers.

And like it or not, the badge is pinned to your ass in Rome, Wisconsin.

It's also pinned to those kids from Green Bay.

I will not let you let them down.

I will not let you out of this case.

I will not let you leave this town.

You can't force me to stay here.

You think a federal court judge is the only one with contempt powers?

Just try me.

Could y 'all wait outside for a second? Could you guard the door?

I'm staying in.

No. Go outside.

What?

I've been thinking about things.

And, um...

I'm sorry.

God, I thought you were going to stab me.

What?

I didn't mean that.

Look, I'm sorry too.

Maybe you did make me a little nervous.

But I really was trying to be nice.

So you thought I was a bitch.

Till then, yeah.

So I was thinking that, I don't know, maybe we could try and do something

together. You know, see if we like each other. We probably won't, but

we could see.

That'd be good.

Today, hostage time is over. The appellate court has overruled your

-man crusade. The contempt order is vitiated.

The prisoner is free to go.

Do you always talk like that?

Or has your underwear ridden up?

I'd fire right back at you, Judge.

But you'd probably whack me with contempt.

Go ahead. I give howdy duties a free shot.

Come on, Joe.

You can go.

Rock beats scissors.

I'll be just a minute. I just want a word in private.

I would like to be able to send our kids to a regular school, not just the

makeshift church thing.

But if you don't lift the order, then... The order's lifted. Your kids can stay.

But the ones coming in still come.

Thank you.

You know, um... You said that you wanted to make a difference.

You have.

Once my temporary term is up, I've decided to run for mayor full -time, and

promise to be a little desperate.

You're a fine person, Mrs. Brock.

But unfortunately, that gives me little hope.

Why? You've made me realize that the people out there resisting

the ones trying to protect their children and their towns, are probably

fine, caring people.

Respectable.

Scared.

And the reason it'll be a long, long time before black children can run

In the streets of Rome, Wisconsin.

I wish I had an answer.

Me too.

If you'll pardon me, I'd like to just sit here for a minute.

Do me a favor.

Go be a good mayor.

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