|
|
SLRC UPDATE:
06 May 2005
SLRC Weekly Update
Greetings Compatriots:
SLRC
prepares to take DuPont case to Supreme Court
SLRC prepares to take DuPont case to Supreme
Court
BLACK MOUNTAIN, NC – The SLRC plans to file a writ of certiorari
requesting that the “DuPont Seven” case be heard by the United
States Supreme Court, SLRC chief trial counsel Kirk D. Lyons
announced this week.
The SLRC has until June 8 to file the writ, which would
essentially ask the High Court to review the facts and history of
the case with a view to overturning the lower court’s opinion.
Meanwhile DuPont management has indicated to several union leaders
that it wants the vigil at its Spruance plant in Richmond, Va. “to
go away.” The vigil has been in effect since 2000. Every Thursday
since that time, SCV members and other Southern heritage defenders
have mounted a vigil at the plant entrance.
“It’s plain that after so long a time, and even after its
dearly-bought win in the lower courts, DuPont’s nerves are getting
frayed,” Lyons said. “Our clients have told us flatly that they
want to take this case as far as we can take it, so we plan on
doing what our clients want us to do. “It may be that DuPont will
end up doing the right thing, but this shows them we mean
business.”
Gettysburg pilot cleared in flyover incident
(Ed. Note: The following story appeared in the April 30, 2005
edition of the Hanover, PA, Evening Sun.
Pilot cleared in fly-over incident
By CHARLES
SCHILLINGER
Evening Sun Reporter
Saturday, April 30, 2005
A pilot hired by a Confederate group to fly over Gettysburg
College has been cleared of an investigation.
Federal Aviation Administration officials said it was unable to
prove a violation after a complaint into a low-flying aircraft
over the college.
The November fly-over by High Exposure of Springfield, Pa., was
one of two bankrolled by the Sons of the Confederate Veterans of
the Civil War, in response to a September art exhibit hosted by
the college that featured a Confederate battle flag hung from a
noose.
"I think it was mean-spirited of whoever filed the complaint,"
said Kirk Lyons, chief trial counsel for Southern Legal Resource
Center, a nonprofit legal foundation that helps victims of
discrimination related to Southern heritage.
He is not surprised the pilot has been cleared.
"The First Amendment wins again," he said.
Artist John Sims presented an exhibit Sept. 3 at Gettysburg
College entitled "The Proper Way to Hang a Confederate Flag."
"This is my response as an African-American man responding to
the...Confederate flag in an art context," Sims said last year.
A plane flew for several hours over the college Nov. 22, according
to Fred Taylor of the Sons groups, pulling a 15-by-15 foot
Confederate battle flag and the message, "GC: Honor Veterans. Host
an SCV Forum."
On that date, the FAA received a telephone complaint about the
low-flying aircraft, and with the assistance of the Gettysburg
Borough Police Department, confirmed the aircraft's registration
number.
A letter of investigation was sent to the owner of High Exposure,
David Dempsey, on March 10. By March 29, the FAA had closed the
investigation as they were unable to prove a violation.
This information was released by the FAA last week following a
Freedom of Information Request by The Evening Sun. The source of
the complaint is not revealed in the files.
Gettysburg College declined to comment on the conclusion of the
probe, but in past statements said college officials did not lodge
the complaint.
The fly-over was a safety concern for the college, said Patti
Lawson, associate vice president for communications and public
relations at Gettysburg College. But to her best knowledge, if a
complaint was filed, it was from the Gettysburg Borough Police
Department.
Police Chief Rolf Garcia said he passed a complaint along to the
FAA, but did not elaborate.
Dempsey did not return calls regarding the investigation.
Lyons said Dempsey told the FAA should he conduct another fly-over
in Gettysburg, he would use a bigger sign and fly higher.
"We knew there wasn't a violation, but we don't blame the FAA for
this," he said. "If the FAA gets a complaint, it's their job to
investigate."
Lyons did not indicate if there would be further fly-overs at
Gettysburg College, but said there "may be something in the wind."
Grounds emerge for rehearing in FAA case
The SLRC will file a motion for an en banc rehearing in Florida FAA
case, Chief Trial Counsel Kirk D. Lyons announced this week.
The SLRC’s decision to take the case further was based on the
Court’s belief, as stated in its opinion, that SLRC client Neal
Parden, a co-plaintiff, was not treated unfairly in having his truck
with its Confederate flag window decal banned from the FAA company
parking lot. Further evidence discloses that the rural location of
the FAA facility actually deprived Parden of a place to park his
vehicle, which the SLRC contends amounts to more than “a trivial
inconvenience” as set forth by the Court.
The SLRC also intends to use the rehearing to urge the First
Amendment aspects of the case, maintaining as it always has that the
plaintiffs’ display of Confederate symbols caused no disruption in
the workplace.
SLRC Board meets May 14
BLACK MOUNTAIN, NC – The Southern Legal Resource Center’s Board of
Directors will meet Saturday, May 14, at the SLRC offices. Directors
are expected to deal with a number of issues including fundraising,
pending cases, response to defamation incidents, additions to the
Board of Directors and the Board of Advisors, and the SLRC’s
2005-2007 marketing plan.
Executive Director Roger McCredie noted that Board members will be
attending from both Carolinas, Georgia, Kentucky and Virginia. In
fact, he said, the only Board absence anticipateds is that of Dr.
Neill Payne, who is excused to attend the convention of the North
Carolina Division, Sons of Confederate Veterans, of which he is an
Executive Council member.
“It’s very gratifying that our Board members are giving up their
weekend and traveling considerable distances to be with us,”
McCredie said. “These folks take their duty to the SLRC seriously
and are the key to our continued growth and success.”
The Southern legal Resource Center is a 501 (c) (3) nonprofit organization, and contributions to it are fully tax deductible. Credit card and PayPal donations may be made at our website by clicking on "How You Can Help." Checks payable to the Southern Legal Resource Center should be mailed to P.O. Box 1235, Black Mountain, NC 28711.
"Thumbs Up for Dixie" stickers are available for SLRC and local heritage fundraising projects. Contact Allison Schaum for details at slrc@crystalink.com or (864) 476-0656.
If you wish to receive our weekly e-mail update, Contact us.
For additional information, contact:
Roger McCredie
Southern Legal Resource Center
(828) 669-5189
Email
|
