CLEVELAND, Aug. 6, 2001 (PRIMEZONE) -- Today, a Cleveland judge, the Hon. Daniel O. Corrigan, "dealt a powerful blow to the free speech and trial by jury in the city of Cleveland," according to Terry Gilbert, attorney for the anti-racist five.
"In a nation that protects the act of burning of the American flag as a protected act of free speech, in Cleveland, protesters can apparently be arrested for attempting to burn a likeness of Chief Wahoo and Black Sambo in effigy. In a nation where trial by jury of your peers is held to be a constitutional right, in Cleveland a judge can apparently hear witnesses for both sides, dismiss the jury and issue a directed verdict," said Gilbert.
The protesters were arrested as they attempted to burn a Chief Wahoo and a Black Sambo likeness in effigy at the opening day of the Cleveland major league baseball team on April 10, 1998. The purpose of burning the images was to express outrage at the use of stereotypical and racist images by sports and the media. The Cleveland Police arrested and booked them for aggravated arson, and jailed them for more than 24 hours. They were then released without being formally charged, but the arrest remains on their record.
The five protesters sued the City of Cleveland for false arrest, claiming their right to freedom of speech was violated. The city defended its actions, claiming that effigy burning constituted a substantial hazard to public safety. Today, the judge dismissed their case and issued a directed verdict. The verdict contends that there was insufficient evidence that the police acted improperly, a claim that was made and rejected previously in two pre-trial motions.
The plaintiffs will make statements at 2 p.m. at the United Church of Christ national offices at 700 Prospect, Cleveland. They can be interviewed at that time. For questions, contact Ron Buford at (216) 407-1470.
According to one of the plaintiffs, James Watson, "The judge's decision in favor of the city and police defendants is a blow to civil rights and moves the U.S. one step closer to government controlled speech and assembly. The directed verdict ended the trial at the prerogative of a single government official. The people of this county were not trusted to decide a question of the people's fundamental rights under the constitution."
"For this judge to take away their power is a sad day for American justice," said attorney Gilbert.
According to the plaintiffs, during the trial the judge taunted and trivialized the suffering of American Indians. Only under advisement from their attorney did the Hon. Judge Corrigan refrain from bringing a Wahoo coffee mug into the courtroom. Corrigan then positioned a toy leprechaun on his bench to belittle the issue over Chief Wahoo.
"In 30 years of the anti-racism struggle, I have never see a judge so biased that the judge would join the defense's legal team as judge Corrigan did in this case," said Vernon Bellecourt, patriarch and elder statesman among the anti-racist five. We are outraged that the judge acted as a third attorney for the Cleveland Police. The judge waived our constitutional rights as if it were his private prerogative. It is a travesty that decisions about constitutional rights for the people should be kept away from the people."
"We will continue to fight for the hearts of the American people to recognize that our religious symbols and identity are as precious to us in the practice of Indian religion as the cross is in Christian practice," Bellecourt continued.
For this reason, the Rev. John H. Thomas, General Minister and President of the United Church of Christ, has said, "The basis of our support rests upon the second great commandment in Judeo-Christian culture, 'You shall love your neighbor as yourself.' The native American is our neighbor."
According to Juan Reyna: "This is an ongoing war that has been waged since 1492 as the human and civil rights of Indigenous peoples continue to be violated. An image of no real reality has more rights than human beings."
"In order to uphold the constitutional rights for us and all Americans, it is imperative that we appeal this decision to the highest court in the land if necessary," said Zizwe Tchiguka. "We know that this is a protracted struggle, so we will continue to fight."
"We recognize racism when we see it," added Charlene Teters. "We have understood that this is going to be an uphill fight. We will not be deterred from our struggle to free ourselves from these degrading and dehumanizing symbols."
The anti-racist five plan to appeal this decision. The five plaintiffs in this case are Juan Reyna, Chairperson of the Committee of 500 Years; Charlene Teters, Vice President of the National Coalition Against Racism in Sports and the Media and Dean of the Institute of American Indian Arts in Santa Fe, New Mexico; James T. Watson, Ph.D., educator and member of the Committee of 500 Years of Dignity and Resistance; Vernon Bellecourt, President of the National Coalition Against Racism in Sports and the Media; and Zizwe Tchiguka, Health Care Specialist and member of the All-African People's Revolutionary Party.
Empowered by the United Church of Christ's General Synod resolutions, the national offices of the denomination has supported a variety of nationwide efforts to eliminate the use of racist team names and logos in sports and the media. The General Synod of the 1.4-million-member United Church of Christ speaks to but not for its congregations.
The United Church of Christ has some 6,000 local congregations in the United States and Puerto Rico.
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CONTACT: United Church of Christ, Cleveland
Ron Buford, PR Manager
(216) 736-2180
E-Mail: bufordr@ucc.org