SLRC UPDATE:
1 December 2002
Castorina
Decision a Boon for Confederate Heritage in Kentucky
More
Bloodless Victories in wake of settlement
In our last update
we shared with you the successful resolution of the Castorina case.
Castorina is first and foremost the ONLY pro-Confederate student free
speech case in any of the United States Circuit Courts of appeals. Tim
Castorina only wanted to honor his Confederate heritage and Hank Williams
Sr.’s birthday when he wore a Hank Jr. Confederate flag emblazoned concert
shirt to Madison Central High in the fall of 1997. He was suspended
and very quickly thereafter a federal lawsuit was filed on his behalf.
A Federal judge
dismissed the case, the SLRC appealed the decision to the 6th Circuit – we
won, the case was sent back for trial, the school filed yet another motion
to dismiss – we won again. The case was set for trial and at a court
mandated settlement conference we were able to work out a new dress code
policy for the Madison County Schools that protected the rights of students
proud of their Confederate heritage. An agreement on the payment of
our attorney fees by Madison County schools made a trial unnecessary.
We emphasized to the
Kentucky Division that any resolution of Castorina needed to be aggressively
followed up by SCV demands on other Kentucky schools to comply with
Castorina and end their ban on Confederate symbols. The Kentucky
Division was as good as their word. It is my pleasure to share with
you the following communiqués from Past Kentucky Division SCV Commander
Donald Shelton on two bloodless heritage victories in two months all
attributable to our successful resolution of Castorina:
November 8, 2002
Word was received this afternoon from Western Kentucky Brigade Commander
Fred Wilhite of a victory in McClean County. The county high school
had a dress code which called the battle flag racist and banned it.
A package of materials centering on the Castorina case was presented to
school officials, and this afternoon an e-mail from the county school
superintendent went out to the principal instructing him to make the
school policy "immediately conform" to the Castorina guidelines
and remove the Confederate reference. The SCV had planned on
appearing at the next school board meeting to press the issue; instead we
will be there to say thanks to the superintendent…. The next school
system in Kentucky to get the Castorina "treatment" will be
Calloway County. Stay tuned...
Don Shelton
PR Officer
KY Div., #100
December 6, 2002
We have good news from Kentucky's Western Brigade: The Calloway County
School system, which did have some schools that had banned Confederate
symbols, has fallen in line with the Castorina decision. The
superintendent has sent a letter to each school, and it was read in every
classroom in the county, explaining to the students that they could wear
Confederate symbols,
and would not be prevented from doing so by the schools. They were
also told that if Confederate symbols were misused in a
"provocative" way, that discipline would dealt with on an
individual case basis. The SCV has told the school system it would
support this approach. The schools have been instructed to make
their dress codes conform to Castorina. Congratulations to Past Forrest's
Orphans Camp Commander Sandy Forrest and Western Brigade Commander Fred
Wilhite who lead the SCV's efforts with the Calloway School system.
Don Shelton
PR Officer, KY Div.
#100
Castorina packets
are being sent all over Tennessee & Kentucky Divisions (both in the 6th
Circuit), as well as School boards in Alabama, Georgia and Virginia.
Become a “Castorina compliance officer” in your neighborhood. If
your local school bans Confederate symbols, contact us for a Castorina
packet, which contains a copy of the complaint, 6th Circuit decision, case
law, and settlement agreements signed by the school. It is a large
packet. We will send it free on request, but we recommend a $100.00
donation to help cover costs and to further our work. There are 10 to
12 more school districts that may fall in line with only a visit from
us, but we need your support so we can properly plan and prepare for these
visits.
Case Notes
We are set for trial
in Lawrence County Alabama (school case involving Confederate symbols) in
June 2003. We have pending school investigations in Cherokee County,
Georgia, Leon & Taylor County, Florida. We have EEOC cases
(discrimination involving Confederate Southern Americans) that need to be
filed in Virginia, South Carolina and Florida. The Mobile Veterans Day
case is ripe for lawsuit. Dozens of cases need investigation.
Your support now will determine what we can do to widen the substantial
breach we have already made in the anti-Confederate crowds’ defenses.
Attention
SCV Members
The Commander in Chief of the Sons of Confederate
Veterans, Ron G. Wilson, issued a proclamation in support of H. K.
Edgerton’s March Across Dixie on October 11, 2002. It reads in part:
I … request that all
members… do all that they can to aid, succor and assist H.K.
Edgerton and his brothers on their March Through Dixie.
I request that H.K. Edgerton and his brothers be given food and shelter,
that Compatriots insure their safe passage through their state, county and
community, that special meetings be held for them so that they can
speak on the March Across Dixie and raise money for their worthy
endeavor, and that every compatriot, camp, brigade, division and army
consider pledging as much as they can to raise money for H.K. Edgerton’s
march for heritage defense.
Twenty-five percent
of the proceeds will be donated to the SCV Heritage Defense Fund. But
first we must have proceeds to donate.
Every member of the
SCV needs to consider supporting the March Across Dixie now with the most
generous donation possible. The Commander in Chief has pledged $1.00
per mile HK walks (which will be about 1,416 miles). What can you
pledge NOW to protect your children’s heritage and future?
Kirk D. Lyons
Chief Trial Counsel
Southern Legal Resource Center, Inc.
The
staff and families of the Southern Legal Resource Center want to wish all of
our supporters a very Merry Christmas and a Happy and Prosperous New
Year. We live by Faith here at the SLRC and we hope that you will join
us in praying for the work we are doing. For those who do not own
Jesus Christ as Lord and Savior, we urge you consider the rightful claims
that the King of Kings makes upon all the earth. We earnestly plead
that if you are outside the Kingdom of His Grace, lay down your arms.
Surrender you life to the Lord of Lords. He is merciful and full of
compassion. He will give you rest.
PLEASE
SEND YOUR TAX-DEDUCTIBLE CONTRIBUTION TO:
SOUTHERN
LEGAL RESOURCE CENTER
PO BOX 1235
BLACK MOUNTAIN, NC 28711
For more information about HK's March Across
Dixie contact: www.southerncaucus.org/hkedgerton.htm