Chapter 41

Entering
the Crucible of Change

Take my yoke upon you and learn of me . . . and ye shall find rest unto your souls. For my yoke is easy, and my burden is light."
Jesus the Christ


Pain is your best friend. It is infinitely more honest with you than pleasure. Despite what you might think, the painful experiences you have had benefit you far more than the pleasurable ones, even though most of us spend our lives trying to duck and hide from them. But when you can center yourself and be open to look pain dead in the eye, then you have transcended the limits of your ego and this humanity. It is then that you enter into the possibility of becoming a great being.
Swami Chetanananda


If you want to be given everything, give up everything.
Lao Tzu
 

July 26, 1995

It was unusually hot and humid on that first day of thoroughbred racing in Saratoga Springs. For the nineteenth year in a row, we had completed the arduous three-day task of hanging our annual exhibition of paintings and preparing for the opening reception. Satisfied that all was ready, we left the gallery and tried to unwind during the fifty minute drive back to our home in Averill Park.


As we drove, we began to reminisce and take stock. As usual, the final days of preparation were physically and emotionally draining. We weren't kids anymore, and the pressure had been building for months. Painting, framing, transporting and hanging seventy-five works of art had made us, at the age of fifty, keenly aware of our own mortality. Through it all, the familiar, ever-present uncertainty of having a financially successful exhibition only added to our weariness. We were looking forward to a restful night's sleep before the opening reception the next evening.

Since 1974, we had lived and worked in a converted barn in Averill Park, New York--a quiet upstate town where our neighbors are hardworking and respectful of one another. Our summer exhibition in Saratoga gave us our only glimpse, from our rural location, of an art market capable of supporting a contemporary artist.

All year, working under the professional name Jenness Cortez, Jenness painted images depicting the pageantry and excitement of horse racing at the prestigious Saratoga racecourse. Then, each summer, we hung our exhibition in the ballroom of a major hotel hoping that the money we earned through the sale of paintings would keep us going for another season.

Over the years, Cortez paintings provided the public a poetic reflection of a world filled with fast horses and colorful people--horse owners, trainers, jockeys, breeders, how business personalities, race fans and politicians. Through Jenness's creations and my efforts to sell them, we were able to support ourselves, and the Daymon Runyon-like cast of characters and wanna-bes were able to see themselves as part of a time-honored tradition. Without exaggeration, by 1995 Jenness's paintings and the public perception of Saratoga had become virtually synonymous.

When we began to prepare for our first Saratoga show back in 1976, doors of opportunity were graciously opened to us. Public relations officials from the New York Racing Association (owners and operators of the racetrack) literally took us on guided tours of the facility to point out dozens of scenes they thought would make beautiful paintings.

Over the years, we happily granted the Racing Association (NYRA) permission to reproduce many of Jenness's paintings on their daily race program, Christmas card greetings, promotional calendars and newsletters--all without financial remuneration.

As the informal relationship developed and continued, the thought of charging NYRA money for the rights to reproduce Jenness's paintings never even occurred to us. This was simply a mutually beneficial relationship. NYRA was able to use the romantic Cortez images to promote its business and Jenness's art received an entree to a responsive audience.

The Lawsuit

By the early 1990s, however, the relationships began to change.

Technically, NYRA is a privately run, non-profit corporation--granted permission by the State of New York to own and operate a thoroughbred racetrack in Saratoga and to administer wagering for the state. However, because NYRA collects hundreds of millions of gambling dollars and its administrative operations fall under the legislative scrutiny of state government, the courts have determined that NYRA is legally a "quasi-governmental agency" of New York.

As the decade of the 1990s began, the thoroughbred racing industry was under intense financial pressure from an array of factors. These included an aging and
dwindling fan base, the proliferation of numerous state lotteries and casino gambling operations, and the appearance of off-track betting parlors in virtually every neighborhood in the state.

In light of the competition, NYRA officials sought to maximize profits. One novel idea they considered was to enter the burgeoning business of sports licensing. NYRA was aware of the lucrative trademark licensing programs already instituted by other sports. Major League Baseball, the National Football League and the National Basketball Association were already making millions of dollars by reproducing team logos on an array of products, and NYRA decided to explore the financial potential for its own sport.

Against this backdrop, NYRA filed a federal trademark for the word "Saratoga" in 1990--claiming it owned exclusive rights to the word "Saratoga" in connection with horse racing, as well as the right to all images of horse racing at the Saratoga Racecourse. For many residents of Saratoga County and the City of Saratoga Springs--the history of which dates to the American Revolution--this action was shocking.

Even though the law allows an individual or corporation the legal right to trademark any word, enforcing a trademark claim is a different issue altogether. Usually, in order to substantiate a contentious claim, a powerful corporation like NYRA--in this case, with the muscle and influence of the State of New York behind it--would first try to intimidate a smaller and weaker competitor into conceding its own legitimate rights under the threat of expensive legal proceedings. If that approach failed, the owner of a trademark would then have to rely on the courts. In other words, a non-acquiescing competitor would be sued in an attempt to convince a judge to enforce such a claim.

By the time our summer exhibition was hung in 1995, NYRA officials had already approached us about their trademark claims. They demanded that we pay them 15 percent of our income generated through the sale of Jenness's artwork containing the word "Saratoga" in the title or depicting images of Saratoga horse racing in its composition. With the sole exception of original paintings, NYRA demanded payment on original, hand-drawn lithographs and etchings, signed, open-edition prints, greeting cards and art shirts.

When pressed by our attorneys to explain their legal justification for such demands, NYRA officials claimed they did not want to explain their rights because, in their own words, "We don't want to be limited by what we say. What if an artist comes up with a novel idea we hadn't considered? Would that mean NYRA didn't own the image?"

Our legal research, however, had concluded just the opposite--NYRA had no legal precedent to justify its claim. Counsel advised us that we had not broken any laws; that NYRA was merely trying to increase its own revenues by rewriting the intellectual property law. But this intimidating negotiation tactic ended abruptly.

When we arrived home from Saratoga on that July afternoon in 1995, we were informed that a reporter from the local NBC affiliate had telephoned. When Jenness returned the call, the question awaiting her was anything but usual. It was a bombshell! "What is your reaction," the reporter asked, "to the lawsuit filed against you in federal court by the New York Racing Association?"

We were in shock--filled with embarrassment, fear and then anger. We felt as if an intruder had broken into our home in the middle of the night and slammed us from behind with a two-by-four. Totally abandoning their negotiating strategy, NYRA had abruptly decided to litigate. We had become the legal test case for their trademark claims, and the events that followed would forever change our lives.

The next days, weeks and months were filled with meetings, affidavits, court appearances, emotional roller coaster rides, the slow deterioration of income, and the loss of many social and business associations because we were on the politically incorrect end of the lawsuit. And, of course, piles and piles of bills. Our attorneys had told us right from the first legal volley that our position was sound; that we had not broken the law, and that NYRA was merely exhibiting greed.

In moments of frustration and doubt, we would have preferred to run away or just accept NYRA as an undesirable partner. As we analyzed our situation, we understood how Arjuna must have felt on the eve of his great battle in the Bhagavad Gita. Like Arjuna, we faced powerful emotions of fear, anger and despondency that were undermining our willingness to fight. Yet, despite the anguish, we knew intuitively that we were being asked by Divine Providence to fight this fight; to protect ourselves and to fulfill our duty (dharma) by defending every artist's constitutional right of free expression. After much deliberation, we decided to commit ourselves (and our limited resources) to what local newspaper columnists were already calling a real-life David and Goliath battle.
 

A Divine Alliance

Throughout this difficult ordeal, the philosophy and science of yoga gave us the insight and inner strength to face each decision and turn of fortune. We realized that we were being tested. We had been studying and assimilating the wisdom of yoga for many years. Now, in order to be true to that teaching, we were being asked to make difficult decisions that reflected our theoretical and intellectual understanding. And it was not easy.

The traditional definition of the word Islam is "trustful surrender to Divine Providence," and that essence of Islam is reflected in every spiritual tradition. Through our studies, we had learned (intellectually) that there is only One Absolute Reality and that each of us exists inseparable from a larger, conscious whole. When we are in harmony with that consciousness, we know that each individual manifestation supports every other expression. Our studies had taught us that everything we perceive has been manifested by the Divine Reality and that each relationship has the potential of leading us for our highest and greatest good--regardless of the protests and anguish of the limited ego.

For us, being sued by the New York Racing Association was a life-altering experience. Because NYRA represented an enormously powerful economic and social presence in our small upstate community, we knew that many relationships would change. If we chose to accept the financial demands of NYRA, we would not be true to our conscience. If, on the other hand, we fought the legal fight--regardless of whether we won or lost--we ran the risk of being ostracized by the powerful political and economic interests behind the corporate facade of NYRA. And that's what happened.

Saratoga Springs, like other "company towns," still reflects aspects of feudal society. In feudal times, if the lord of a manor wrongfully discriminated against one of his vassals, the other vassals would likely distance themselves from the spurned party in order to maintain their good standing with the lord.

In fact, when the powerful New York Racing Association sued us, we immediately lost the support and friendship of other artists exhibiting in Saratoga, prominent banking, business and political leaders who had previously been our patrons, the Saratoga and Rensselaer County arts councils, the local Saratoga newspaper and the very hotel where we had been exhibiting Jenness's paintings for fifteen consecutive years.

We were not, however, totally abandoned. The regional print and television press corps understood the constitutional issues and were very supportive, as were the Albany-Schenectady League of Arts, the American Civil Liberties Union, SUNY Empire State College, the many Cortez art collectors who cheered us on, and our immediate families and friends. Of course, our greatest source of comfort and support was our sadhana and the teachings of yoga science.

Through the pain, fear and anger of the ordeal, our philosophy of life and the skills learned through the practice of yoga science gave us the strength, insight, discrimination and will power to make the moment-by-moment, thought-by- thought decisions that ultimately helped us experience the liberating truth of the knowledge we had assimilated.

Throughout our ordeal, the Old Testament story of Joseph gave us strength and inspiration. His jealous brothers, as you might remember, sold Joseph into slavery. Years later, after Joseph had become governor of Egypt, the brothers came petitioning for grain during a time of widespread famine. Upon discovering that the governor of Egypt was actually their long-lost brother, they began to cry and beg for Joseph's forgiveness. Joseph's response was not vengeful. Rather, it reflected a profound understanding of the yogic philosophy of trustful surrender to Divine Providence. In modern vernacular, Joseph told them, "There is no need to forgive you, my brothers, for it was not you who sold me into slavery. It was the Lord who sold me into slavery--using you as instruments--so that I could be here today to feed you and all who are hungry."

After NYRA sued us, the rapid succession of changes we experienced meant the death of many comfortable habits and relationships. Our everyday expectations about earning a living and relating to our local community were being taken away from us.

Yet, in the midst of this upheaval, we found ourselves aware of a calm, contented center. Our study and practice of yoga science was providing us the freedom and insight to grasp the positive value of circumstances even when they were accompanied by pain.

The philosophy of life we embraced enabled us to transform debilitating preya thoughts and emotions and to become fearless in the face of fear. Our sadhana helped us recognize that it wasn't really the New York Racing Association foisting this unjust lawsuit upon us. Rather, we trusted that NYRA, like Joseph's brothers, was merely serving as an instrument of Divine Providence bringing revolutionary change into our lives for some as yet unknown higher and greater good. By centering ourselves in the peace of that understanding--the same still-point we experienced in meditation--we witnessed the transformation of our fear, anger and self-willed desires.

The seed must be split in order for a plant to sprout, and the decomposing hull of the seed fertilizes the new growth. In addition to signaling the end of an era, this lawsuit also served as a catalyst for the dawning of a new life for us. By relying on the philosophy of yoga science in all our choices, we were able to employ a practical and powerful mechanism for turning painful and potentially devastating experiences into growth and creativity. Our ordeal had spawned in us an immense gratitude to our teachers, and led to a growing desire to pass this knowledge on to others.

Against this backdrop, in July 1996--almost one year to the day after we had been sued--two pivotal events occurred.

First, Federal District Court Judge Frederick J. Scullin, Jr. rendered a courageous First Amendment decision in our case, completely supporting the artist's constitutional right to free expression. For all intents and purposes, the lawsuit was over, and we were legally free to continue creating and selling Jenness's artwork depicting horse racing at the historic Saratoga racecourse.

Secondly, we received a letter from Swami Rama, our spiritual teacher who was living in India. Although we knew he was ill at the time, we had no idea he would live for only another four months. The letter itself was unusual. It marked the first and only occasion in our relationship when Swami Rama gave us such a direct and unequivocal order. The entire message read: "Start teaching now."

While succinct and emphatic, the letter did not instruct what, where or how we were to teach--only to begin now! Yet, even in the face of this seeming vagueness, the instruction left us no room for misunderstanding.

By using the word "now" in his instruction, the universal light of guru, through the personage of Swami Rama, was clearly reminding us of how that same word is used in the opening verse of the Yoga Sutras. In that ancient text, the Sanskrit verse states: Atha yoganushasanam: "Now begins instruction in the discipline of yoga."

As Swami Rama himself had previously taught us, the word "now" in the Yoga Sutras is used to note an auspicious moment of transition. The sages of yoga science carefully chose to use the word "now" to indicate that satisfactory preparation had been completed, and that the student was ready to undertake a new aspect of his or her spiritual practice. By using the phrase "start teaching now," Swami Rama was disclosing to us that we were adequately prepared in our studies and that now, at this auspicious moment, we were ready to become teachers in the tradition of yoga science.
 

Excerpt from

The Heart and Science of Yoga:

A Blueprint for Peace, Happiness and Freedom from Fear

by Leonard Perlmutter * Available September 7, 2005 at your favorite bookstore.
©2005 BY LEONARD PERLMUTTER

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Elvis is Guru An acquaintance once asked, "Wasn't Elvis Presley's life a tragedy?" The question opened a floodgate of memories. My relationship with Elvis Presley had begun in 1956. As a teenager, listening to Elvis's music was one of my first experiences with meditation. Every time I listened intently to his music I felt happy--so happy in fact, that I began to associate Elvis and his music with my happiness. As Paul McCartney similarly observed, "I always knew that no matter how I felt, if I played an Elvis record it would make me happy." Because of this experience, over the years I continued to freely give my attention to Elvis Presley. For me, Elvis had charisma. To some extent, each of us has experienced the power of charisma. When someone has charisma, we feel an overwhelming, magnetic attraction that demands our attention. But from a yogic perspective, it's interesting to question the karmic purpose of such a phenomenon. What is to be learned from an individual who commands our attention, our love, or even our anger? Before responding about the tragedy or non-tragedy of Elvis's life, I began to process some memories of him from the unconscious portion of the mind known as chitta. Because I had given Elvis my attention over the years, I actually knew quite a bit about his desires, choices, achievements and some of the painful consequences he experienced--many of which appeared to result from serving the passing pleasure of ego or sense gratification (preya). Elvis Presley was obviously a generous and loving man, yet many of his actions were not in harmony with the guru in the cave of my own heart. Observing all this, I knew that as a yoga scientist, Elvis Presley's life was not a tragedy for me. Because I had been attentive to Elvis's life, I was able to receive many important lessons that instructed me what to do--and what not to do. Yes, even Elvis can be a vehicle for guru. In order to be open to the ever-present light of guru, in whatever form it may appear, each of us must be willing to be as innocent, open and non-judgmental as a child. When the outer guru reflects the truth of the inner guru, the advice is to be heeded and served. When a suggestion from the outer guru is not in harmony with the inner guru, as reflected by the purified buddhi (conscience), the advice is to be honored, respected and lovingly rejected, with gratitude--for your teacher has just taught you what not to do. It's all so very simple. Logically, it must be simple. In order to be available to every human being on an equal basis, the pathway to Happiness must be the common denominator, and that common denominator is pure consciousness--awareness within. You don't have to be of a certain race. You don't need a high school diploma or college degree, or to be the follower of any particular religion. You are merely asked to be awake, like every great sage, to hear and to serve the wisdom of guru in mind, action and speech. Excerpt from The Heart and Science of Yoga: A Blueprint for Peace, Happiness and Freedom from Fear by Leonard Perlmutter. Available September 7, 2005.

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QUESTION: How can I reduce the relentless onslaught of worrisome thoughts that make me anxious?

LEONARD: Before you address your anxiety, ask yourself the question, "Who am I?" Through this form of quiet contemplation, your attention becomes centered in the peace and fullness of the Eternal Witness who is the thinker of the thought. Next, attend to the inhalation and exhalation of your breath at the bridge between the two nostrils. As you remain centered in the equanimity of the Eternal Witness, practice detachment and dispassionately welcome, witness and honor your concerns. Allow yourself to be present with these thoughts, desires and emotions without being controlled by them. Heeding the suggestion of your own inner wisdom, or conscience, willingly surrender the worrisome thought back to its Origin--the Origin of every person, every thing and every thought--the Divine Reality. Now, lovingly direct your attention to your mantra (the name of the Divine Reality). If it's possible, go for a mantra walk. Take a brisk fifteen to twenty minute walk just listening to the silent repetition of your mantra. Last, try to recognize an opportunity (it's probably in front of you right now) to engage in some selfless service. This transforms the energy of worry into the energy of love, fearlessness and strength.

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I have learned silence from the talkative, tolerance from the intolerant and kindness from the unkind. 
I should not be ungrateful to those teachers.
Kahlil Gibran

Divine knowledge is realized, not taught.
Shirdi Sai Baba

The lust for comfort is a stealthy thing that enters the house as a guest, 
then becomes a host, and then a master.
Khalil Gibran

Your own Self is your own teacher. The outer teacher is merely a milestone. 
It is your inner teacher that will walk with you to the goal, for he is the goal.
Nisargadatta Maharaj

In the ancient teaching the first demand at the beginning of the way to liberation was: Know thyself.
George I. Gurdjieff

A guru is like a fire; stand too close and you'll get burnt; stand too far away and you won't get heat.
Tibetan Proverb

True teaching liberates the student from his teacher. 
He will find the teacher within himself. This will not make him arrogant or egotistical; 
rather, he will have a deep sense of humility, as we should have when we face the Great Reality.
Ernest Holmes

The teacher, however great, can never give his knowledge to the pupils, 
although, he can kindle the light if the oil is in the lamp.
Hazrat Inayat Khan

The real purpose of teachers, books and teachings is to lead us back to the kingdom of God within ourselves.
Joel Goldsmith

A bus driver is the best example of a guru. He is totally involved in taking you to a destination, 
but he is uninvolved with you as well. His job is to pick you up and to deliver you.
Yogi Bhajan

Every man I meet is my superior in some way. In that, I learn from him.
Ralph Waldo Emerson

Tell a Friend about AMI

If you know someone who might benefit from our American Meditation class, let them know about the AMI program or call us with their name and address and we'll send them a brochure with our current class schedule.

Karma Yoga --- the practice of selfless and skillful action

If, as part of your practice, you have a few extra hours during the week and are interested in helping grow the American Meditation Institute, we need your dedicated, volunteer energy. As a student of yoga science, you are already familiar with the kinds of practical services the Institute provides. Each month we write, edit and publish this newsletter, teach an average of thirty new meditation students and present stress-reduction seminars to various businesses and organizations. We also invite visiting speakers of interest to our area, organize seminars on yoga science and do continuing personal counseling.

Our immediate needs include press relations, seminar management, clerical assistance and general delivery work. Remember, whatever time or talents you possess will be put to meaningful, productive use.

If you have the time, please call the Institute at (518) 674-8714.

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