SLRC UPDATE:
5 December 2003

SLRC Weekly Update

Greetings Compatriots:

I hope that everyone had a wonderful Thanksgiving holiday with your family!  I know that I always look forward to Thanksgiving and Christmas each year.  Although the holidays slowed the phones a bit, it did not slow the pace of the SLRC in our cases.

Victory in Newsom v. Albemarle County Schools

Upon request of the NRA's general counsel the SLRC submitted a friend of the Court Brief on behalf of the Plaintiff/Appellant Alan Newsom, in his appeal to the 4th Circuit US Court of Appeals.  The case involved the suspension of a 7th grade student for wearing an NRA Sports Camp t-shirt.  The school banned any t-shirts with pictures of weapons because of a school zero-tolerance policy regarding firearms. the NRA sought a Temporary Restraining Order on enforcement of the policy against Newsom and when a Charlottesville, Virginia Federal Court denied him, Newsom appealed the denial to the 4th Circuit.

The SLRC's brief was the first Amicus brief accepted by the court - and accepted over the opposition of the school.

The case does not involve Confederate symbols, but any case affirming the legitimate free speech rights of minor students should be cause for rejoicing. The SLRC was proud to assist in securing young Master Newsom's rights.

DuPont

As many of you know, the Goliath corporation DuPont has maintained a 3 year ban on Confederate symbols. Seven employees, many of which are SCV members, had the guts to stand up to DuPont and since 2000 have been maintaining a weekly (now twice weekly) flag vigil in front of the plant.  The SLRC agreed to represent these men.  Since our initial filing of the complaint in federal court, we have faced nothing but an uphill battle against this eight-headed DuPont Hydra.

Here are modern Confederate heroes The DuPont 7: Kevin Chaplin, Jimmy Jones, RC Lewis, Marvin Oliver, Lynn Ritenour, David Rowlette and Steve Turley.

First we went to the EEOC, alleging discrimination based on race, religion and national origin: Confederate Southern-American.  The EEOC being the bureaucrats they are, refused to proceed on the DuPont 7's behalf and issued a right to sue letter.  We had to file suit in Federal Court by May 30, 2003.

To do this we needed local counsel.  On a Confederate case, this is almost next to impossible in the old Confederate Capitol, but after many calls, Richmond civil rights attorney Thomas Roberts agreed to help and the Complaint was filed in May 2003.  Roberts also filed an Amended Complaint and served DuPont in September, but by then Roberts was already getting cold feet and wanted out.  DuPont was probably already making noises about sanctions even then.

Roberts served (but did not file) a Motion to Withdraw as local counsel on September 11.  Lyons filed a response to the Motion to Withdraw asking that Roberts at least remain in the case until the inevitable DuPont Motion to Dismiss was filed and responded to - because without local counsel, the SLRC could not file a response.

Upon calling the Clerk to make sure the SLRC's response to the Motion to Withdraw was filed, the clerk informed Lyons that no Motion to Withdraw had been filed.  Lyons called Roberts, but got no response.  Roberts then proceeded to file the Amended Complaint on September 17 and served DuPont on September 22 and without further notice to the SLRC or Plaintiffs, filed his Motion to Withdraw as local counsel.

With no notice to the Plaintiffs, and more importantly no hearing, the Court allowed Roberts to Withdraw and ordered Lyons to be "expeditious" in finding new local counsel.  Mr. Lyons and I started calling every Richmond area ATLA member (American Trial Lawyers Assn - of which Lyons is a member) to find new local counsel.

The SLRC received DuPont's Motion to Dismiss on October 16 and a letter the next day from DuPont's counsel threatening sanctions against Lyons personally if the lawsuit was not dismissed within 21 days.  Sanctions under Rule 11 is the punishment meted out to attorney's who file "frivolous" lawsuits.  The punishment is usually to pay the other side's legal bill for having to defend against it.

The 21 days passed and on November 7 Chief Trial Counsel Lyons told the besieging DuPont forces "NUTS," to their invitation for him to surrender.  True to their promise DuPont filed Rule 11 Sanctions personally against Lyons.

Of course one of DuPont's goals in filing sanctions was to effectively scare off any local attorney from helping the DuPont 7 and for this DuPont's attorney's should be sanctioned under Rule (and will be once we are out of their net).  They also hoped to have the case dismissed by default since Lyons was having a hard time finding local counsel before the sanctions threat and after the threat it became impossible.  Some of the attorneys I asked even laughed at me when I mentioned that DuPont threatened sanctions.  And Dupont made it clear that they would sanction ANY attorney that signed on with us.

The Court itself, realizing that a severe due process problem was looming made attempts to get two different attorney's involved as local counsel.  Both refused.  On Nov 17 the court took the unprecedented step of allowing Lyons to practice in the case without local counsel.

The "DuPont Seven's" response to the Motion to Dismiss was officially filed on November 24, as was Lyons response to DuPont's sanctions.  The court dismissed the case the very next day and indicated that the court was seriously considering imposing sanctions and ordered more briefing on several points - the question being not if, but how much.

After its' cavalier dismissal of the "DuPont Seven's" lawsuit, the Court did indicate that it will grant a hearing on the sanctions.

TODAY the SLRC has filed a Motion for Reconsideration on the Motion to Dismiss, alluding to several factual errors in the Judges' Memorandum opinion of dismissal AND the requested additional briefing on sanctions.

It seems clear to the SLRC that if justice has any sway in a Virginia Federal Court that Lyons should be easily cleared of any sanctions and in fact it is DuPont who should be sanctioned for their improper thuggish tactics in scaring off local counsel.  But this is post -modern America and anything but justice could easily happen.

The vigil continues, we understand, twice a week.  We have also heard that vigil keepers are encouraging compatriots in other areas where there is a DuPont plant to consider starting a vigil there.  The SLRC is continuing the court battle and we commend citizen action in bringing this civil rights travesty to the attention of DuPont and the world.  It should also be noted that a media blackout on this issue continues.

Pray for the "DuPont Seven."  Pray for the SLRC and Pray for Chief Trial Counsel Lyons as he faces the prospect of sanctions for zealously advocating on behalf of his clients - the "DuPont Seven."

PLEASE SEND US A DONATION TODAY!  DUPONT WANTS TO BLEED US DRY FIGHTING THEM!  THIS IS VERDUN FOLKS!!  THEY SHALL NOT PASS!!

FAA

The FAA in the Jacksonville airport banned Confederate symbols in 2001.  Since then two air traffic controllers that are also members of the SCV, James Oneal Parden and Robert Fanucci have been SLRC clients.

We went through the EEOC process with them alleging discrimination on the basis of race, religion and national origin: Confederate Southern American.  We filed a federal lawsuit earlier this year and added a first amendment claim.  When it became clear that it is almost impossible to sue a federal agent in his official capacity for a constitutional violation, we amended the complaint and sued the regional FAA manager in his individual capacity. The FAA filed a motion to dismiss and we responded.

The court has asked for additional affidavits and since enough factual information has been filed in the case already, the court will treat the Motion to Dismiss as a Motion for summary judgment (looking at all the evidence in the light most favorable to the Plaintiff - should the lawsuit be dismissed - or go on to trial?).

The court has requested additional affidavits to be filed which the SLRC will work on next week.  Affidavits on Confederate Heritage, Confederate Southern American national origin status and the religious symbolism of the Confederate flag have been filed by: CiC Ron G. Wilson, Chaplain in Chief John Weaver, SCV Member Nelson Winbush, H.K. Edgerton and 16 others.

Lawrence County

Back in October of 2001 principal Ricky Nichols of Lawrence County High School, in Moulton, AL, made an announcement over the school intercom that no more Confederate symbols would be allowed.  The following Monday many students wore shirts to show their pride in their Confederate heritage.  As a result many students were suspended.

After the SCV and SLRC met with the Superintendent and two school board meetings, a lawsuit was filed alleging Constitutional and civil rights abuses in 2002 on behalf of 6 students.  Several of the students are Cherokee Indians.

The case sat for awhile as one of the defendants, Principal Ricky Nichols, was sent to Iraq.  He returned in August and the case proceeded.  We are now in the process of conducting discovery in this case.

On this past Wednesday, December 3, Chief Trial Counsel Lyons and H.K. Edgerton attended a court ordered status conference in Birmingham, Alabama.  A new Judge, R. David Proctor, has taken over the case and he wanted to be brought up to speed especially as to how an 11th Circuit decision on Confederate flags, Scott v. Alachua County, applies to the Lawrence County case.

The Alachua County decision is a horribly flawed anti-Confederate decision based on a misreading of the Supreme Court's decision in Bethel v. Fraser.  Judge Proctor grilled CTC Lyons for about 45 minutes, wanting to know how the Lawrence County case could be distinguished from Alachua County case.

Being a decision of the 11th Circuit, it is binding precedent on all Federal courts within the 11th Circuit (which includes Alabama). HK thought the Judge had Lyons, but he said : " Kirk worked his way out of the noose - it was brilliant."

The judge has ordered stipulations of fact to be exchanged - where possible - between the SLRC and counsel for Lawrence County Schools by February 1.  There may be additional discovery needed. Both sides will then file summary judgment motions which the court will rule on.

There is still a chance some issues may be tried, but it seems the court is greasing the skids so that we can get to the 11th Circuit as soon as possible - saving us quite a bit of discovery expense in the process.  But we still have much to do to get this case ready. we need your support to do it.

Bechtel

The "Racist Food Products" case is ongoing.  Discovery ends in early April.  Defendants owe us responses to our discovery requests. Depositions need to start soon - now if we only had some money to pay for them.

Curt Storey

The clerk of the 3rd Circuit has indicated that oral arguments in this case may be heard in February - in Philadelphia.

Folks, as you can see we’ve got an uphill battle on every front. You know it.  We know it, and most importantly, OUR OPPONENTS CERTAINLY KNOW IT.

We need your support NOW so that we can get through to the bull-headed judges that just won’t give us a chance.  DuPont has spared no expense in trying to throttle us with motion after motion.  This case thus far has proven that there is no justice left in America.  It is truly sad.  But we must continue to fight for right and to put the hypocrisy of the system on the record and under oath.

Help us fight these mammoth corporations like DuPont and Bechtel and tax supported agencies like the FAA.  We have to stand up for our fellow Confederates and our children.  They are the future.  If they don’t see the adults helping them now, then we are sending a message to them that there are more important things rather than their heritage.  Help us today!

The 2004 Confederate Calendars are in

Now available for a $15.00 donation + $2.50 shipping & handling.  Contact Executive Director Wilkerson for quantity orders.

Allison Schaum
Case Manager SLRC
slrc@crystalink.com

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