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The Southern Legal Resource Center
eU P D A T E
Thursday, February 05, 2009
Published
electronically by the Southern Legal Resource Center
P.O. Box 1235, Black Mountain, NC 28711/(828)669-5189/
slrc@slrc-csa.org
SLRC argues Burleson case in Federal Appeals Court
NEW ORLEANS –
SLRC Chief Trial Counsel Kirk D. Lyons presented the case of two
Burleson, TX, high school students, who were suspended for
carrying Confederate flag-pattern purses to school, to the Fifth
U. S. Circuit Court of Appeals on Wednesday (Feb. 4).
Lyons and
opposing counsel representing the Burleson Independent School
District were allowed 20 minutes each to state their respective
cases. Afterwards, Lyons said he “felt comfortable” with the
judges’ reception. The court’s ruling will likely not be handed
down for several months.
The
case was originally filed in February, 2007, shortly after
Burleson High students Ashley Thomas and Aubrey McCallum were
suspended for refusing to surrender the purses, which they had
received as Christmas presents, to school authorities. Ashley and
Aubrey have since graduated; Ashley’s sister, Megan,
subsequently joined the suit. A lower court issued a summary
judgment in favor of the plaintiffs and the SLRC appealed to the
Fifth Circuit.
Hear oral arguments in the Burleson case online
A
complete court recording of both sides’ arguments in the Burleson
case is available online at:
http://www.ca5.uscourts.gov/OralArgRecordings/08/08-10477_2-4-2009.wma
Burleson lawsuit earns SLRC ‘Bum Steer” award from Texas
magazine
Texas Monthly, an
Austin-based publication that bills itself as “The national
magazine of Texas,” named the SLRC as one of the recipients of
its annual “Bum Steer Awards,” which appear in its January
issue. The “awards” are a listing of previous-year happenings
that the magazine’s editors consider to be stupid, bizarre or of
dubious worth.
The SLRC’s entry showed a photo of a Confederate Battle Flag
purse similar to the ones carried by the Burleson plaintiffs,
under a headline reading “Rebels Without a Clue.” The citation
reads, “The
Southern Legal Resource Center filed a suit on behalf of
Burleson teens Ashley Thomas and Aubrie McAllum, who felt that
Burleson ISD had violated their rights by banning them from
carrying purses displaying the Confederate battle flag in
school.”
Defendants
move McClaren case to Federal Court;
Case will be heard in February, 2010
MEMPHIS, TN –
A local court
has granted a petition by defense attorneys to move the case of
McClaren v. Compass Intervention
Center to Federal Court.
The
suit, in which Tennessee psychologist Paul McClaren charges that
he was wrongfully discharged over Confederate-themed license tags
on his vehicle, was originally filed in the Circuit Court of
Shelby County, Tennessee. Defendants for Compass made the request
for removal on grounds that its parent company, United Health
Services, Inc., was chartered in Delaware and has its headquarters
in Pennsylvania. SLRC officials stated that kicking the case
further up the judicial ladder had no practical purpose other than
as a nuisance maneuver by the defendants.
“This is nothing but a self-serving tactic by the defense,” said
SLRC Chief Trial Counsel Kirk Lyons. “It’s designed to do nothing
but delay hearing the case on its merits and cause
additional work
and expense on our part.”
The SLRC
initially considered filing a motion for remand, which if approved
would have returned the case to the original court.
That idea was
discarded, however, when research indicated that since compass is
an LLC (limited liability corporation) it can declare its “home”
to be wherever the shareholders say it is; thus, the parent
company can demand to be heard in federal court. Nonetheless,”
said Lyons, “we are comfortable with our case’s new home and we
look forward to advocating on Paul McClaren’s behalf in federal
court.”
At a
scheduling hearing held by phone conference on Jan. 30, the court
set February 16, 2010,
as the date for the case to be heard.
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 us
for details at slrc@slrc-csa.org, (866) 564-8747 (toll
free) or (828)669-5189.
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