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PRESS RELEASE BY THE American Indian Movement Grand Governing Council The Anti-Racist Five August 1, 2001
Cleveland -- The civil lawsuit for false arrest brought by five anti-
wahoo demonstrators against the city of Cleveland will begin at 9 a.m.
on Wednesday, August 1, 2001. The trial by jury will take place on
the 23rd floor, Judge Daniel O. Corrigan presiding, and the lawyer for
the plaintiffs will be Terry Gilbert.
The Anti-Racist Five hereby declares:
We are led by our lawyer, Terry Gilbert, who himself has a history of standing up for justice for Native people and all humanity. We are fighting for human dignity, for justice, human, constitutional and civil rights. Our right to freedom of speech and expression without fear of arbitrary arrest and/or detention. They have violated our rights under the 1st 4th and 14th Amendment of the U.S. Constitution, Article 1, Sections 3, 10, 11, 14 of the Ohio Constitution also.
The police and city government have shown a double standard as far as the laws are concerned. They have decided that it is against the law to express our disagreement with racist images like chief wahoo and the name, Indians. Whereas, the fans and Cleveland baseball team can wear these racist images and wear headdresses that degrade Native culture and identity in a sacreligous manner. These images have a negative effect on the self-esteem of our youth and the youth of all nations. It corrupts and pollutes the minds of everyone, especially our youth.
We will be having a press conference at 8:00 a.m. in front of the Justice Center on Lakeside Avenue. The trial will begin at 9:00 a.m. on the 23rd floor of the Justice Center, the Honorable Judge Daniel J. Corrigan presiding.
Committee of 500 Years of Dignity and Resistance
Let the People Speak
On April 10, 1998, the Cleveland police unlawfully took hostage five
peaceful protesters: Vernon Bellecourt, national leader of the
American Indian Movement and president of the National Coalition
against Racism in the Sports and the Media, Charlene Teters, who was
featured on PBS's in the program, titled "In Whose Honor," Zizwe
Tchiguka of the All African Peoples Revolutionary Party and Juan Reyna
and James Watson of the Committee of 500 Years of Dignity and
Resistance.
The five were arrested on Good Friday as the Committee of 500 Years
was conducting a protest against chief wahoo and the name Indians at
the MLB team’s home opener. Two effigies were burned: one of chief
wahoo and the other of black sambo, to express outrage at racist icons
being used to promote profit-making businesses. Five protesters were
handcuffed, taken to the Cleveland Justice Center and spent more than
24 hours in the jail. The arrestees were not charged, but a State of
Ohio criminal background check has confirmed that the state maintains
a record on each of them that includes an arrest for “aggravated
arson.”
This case of unreasonable seizure and detention was a conspiracy to
silence the voices of the movement to do away with all racist images,
icons, logos and mascots which degrade and stereotype Indigenous
Peoples. The plaintiffs will be suing for damages and infringement of
their rights of free speech and freedom of assembly.
The Good Friday protest occurred only 3 days after a Cleveland judge
had dismissed charges against three protesters who were involved in a
wahoo effigy burning at the 1997 World Series. No one expected to be
arrested. The City of Cleveland Police acted to repress the voice of
the people protesting the sacrilegious offensive racist mascot. After
watching without comment as the effigies were being prepared, the
police swept down upon the protesters once the effigies were lit.
United Church of Christ Hosts Press Conference
CLEVELAND — Today (Aug. 6), 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,”says 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 the 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. 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,” says 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,” says 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.” says Zizwe Tchiguka. “We know that this is a protracted
struggle, so we will continue to fight.”
“We recognize racism when we see it,” adds 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.
The Anti Racist Five Speak at Press Conference
The Anti-Racist five have been denied justice in their civil lawsuit against the City of Cleveland and its formers police chief, Rocco Pollutro. The false arrest tribal began on Wednesday, August 1, 2001. After hearing all the witnesses for both sides, Judge Daniel O. Corrigan dismissed the jury on Monday morning and issued a directed verdict. The verdict contends that there was insufficient evidence, and that the police acted improperly, a claim that was made and rejected previously in two pre-trial motions.
"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," says Attorney Terry Gilbert of Friedman & Gilbert Lawfirm. "For this judge to take away their power is a sad day for American justice," says attorney Gilbert.
The five plaintiffs in the lawsuit 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.
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 the there was insufficient evidence that
the police acted improperly, a claim that was made and rejected previously
in two pre-trial motions.
Vernon Bellecourt stated, "This case has always been about human dignity, justice, human, civil, and constitutional rights. We protest at Jacobs Field because the institutions of Native American based symbols trample on the culture and human dignity of Indigenous Peoples. We sued the city because its police trampled our rights to free speech, free assembly, and freedom from arbitrary arrest and detention." Judge Corrigan's ruling and decorum were clearly biased towards the City defendants, overruling plaintiff objections numerous times, suppressing plaintiff testimony, and cross-examining witnesses to introduce new evidence and legal strategies favorble to the defense.
Vernon Bellecourt went on to say, "We are outraged that the judge acted as a third defense attorney, then 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."
Adding insult to injustice, the presiding judge taunted and trivialized the suffering of American Indians. Only under advisement from Mr. Gilbert did the judge refrain from bringing a Wahoo coffee mug into the courtroom, and then he positioned a toy leprechaun on his bench to belittle the issue over chief wahoo.
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.”
James Watson also said, "As a parent, I have to be concerned about the whole new layer of contradiction and alienation that this arrest has added to my children's development of values and principles to live by. They already have to cope with the double message in school, where they learn that respect is important except on wahoo spirit days when they play games with Native American dignity and culture. Now they have to learn about our wonderful Bill of Rights for the Ohio Citizenship Proficiency Test, after watching their father be hauled way in handcuffs for exercising his freedom of speech. I had hoped this trial would show that freedom of speech is the rule and police excess would be quickly corrected."
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.”
Charlene Teters: "We are waiting for our emancipation from these racist symbols and we will not give up that dream--to live without these images that interfere with our ability to define ourselves. Because we recognize racism when we see it, 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."
Zizwe Tchiguka stated: "We know that this decision is a reflection of a 'racist and evil' class system that talks about justice, humanism, and democracy on the one hand, and really is a brutal police state founded on the theft of Indigenous People's land on the other hand. So, I am not surprised at the decision of the court because it is part and parcel of the institution of racism. Those in power cannot afford to give up any semblance of power over the people who have been victims and continue to be victims of this vicous settler colonial government. We know that this is a protracted struggle, so we will continue to fight."
The plaintiffs promised that their struggles for human, civil, and constitutional rights does not end here promising to continue to use all legal means available, including the right to appeal. They also would not be deterred in their efforts to educate the public on the destructive nature of racist symbols and logos, not only here in Cleveland, but throughout the nation and the world.
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