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Legion Lauds Reintroduction of PERA in 110th Congress
INDIANAPOLIS (Jan. 31, 2007) - The leader of the nation’s largest wartime veterans' organization today applauded Sen. Sam Brownback (R-Kan) for reintroducing the Veterans’ Memorials, Boy Scouts, Public Seals and Other Expressions of Religion Protection Act of 2007 (S. 415) in the U.S. Senate, a measure that would stop the award of taxpayer dollars in legal fees to groups filing lawsuits against veterans’ memorials and public displays of religion.
“Legal attacks against veterans’ memorials that display religious symbols must not be rewarded by judges reaching into taxpayer pockets to enlarge the coffers of organizations such as the ACLU to encourage more lawsuits against our traditions and memorials,” said American Legion National Commander Paul A. Morin.
The Veterans’ Memorials, Boy Scouts, Public Seals and Other Expressions of Religion Protection Act of 2007 would amend U.S. statutes to eliminate the chilling effect on the constitutionally protected expression of religion by state and local officials that results from the threat that potential litigants may seek damages and attorney's fees. A similar measure passed overwhelmingly in the House last year but the Senate version was not brought up for a vote prior to the adjournment of the 109th Congress.
Most Americans are unaware that activist groups, such as the ACLU, recover hundreds of thousands of dollars from state and local governments each year based on a provision of the 1976 Civil Rights Attorney’s Fees Awards Act, which was intended to assist underprivileged plaintiffs in obtaining legal representation in civil rights cases.
Some of these cases include lawsuits against veterans’ memorials, the Boy Scouts of America, the public display of the Ten Commandments and other symbols of America’s religious heritage. Last year in a testimony to the Senate, Rees Lloyd, former ACLU attorney and Department of California District 21 Commander, provided these examples of ACLU awards of taxpayer money: Approximately $950,000 in attorney’s fees was awarded to the ACLU in a settlement with the City of San Diego in its lawsuit to drive the Boy Scouts out of Balboa Park.
In the Judge Roy Moore Ten Commandments case, the ACLU received $500,000. In a recent "Intelligent Design" case against a school board, the ACLU received $2,000,000 in attorney’s fees by order of a judge--although the law firm that represented the ACLU informed the court and public that it had acted pro bono and waived any attorney’s fees; these fees were pure profit to the ACLU.
“If the ACLU feels it has to bring lawsuits that most Americans abhor, it should at least have the decency not to assess these to the taxpayers to make a profit,” Morin said.
“It is not fair for taxpayers to pay the legal bills for groups like the ACLU,” said Brownback. “Currently many towns comply with the demands of the ACLU rather than risk going to trial and paying hundreds of thousands of dollars in legal fees to the ACLU if they lose the case.
Brownback is a member of the Senate Judiciary Committee and is the ranking member on the Subcommittee on the Constitution, Civil Rights and Property Rights.
“The American Legion will do everything in its power to educate the public about this abusive practice and why this law must be passed,” Morin said.
Media contacts:
Ramona E. Joyce, (202) 263-2982; Cell, (202) 445-1161
Joe March, (317) 630-1253; Cell, (317) 748-1926.
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FOR IMMEDIATE RELEASE
When Good Legislation is Abused - Fix It!
INDIANAPOLIS (May 31, 2005) – The leader of the nation’s largest veterans organization lauded the introduction of HR 2679, the Public Expression of Religion Act (PERA), by Rep. John Hostettler last week and urged all Americans to strongly support this long overdue legislation. “The 1976 Civil Rights Attorney’s Fee Awards Act was much needed legislation, but in recent years, certain groups have abused the congressional intent of this public law in ‘Establishment Clause’ lawsuits against the Boy Scouts of America, the Ten Commandments, and now veterans’ memorials, ” said Thomas P. Cadmus, National Commander of The American Legion. “And it is time to fix it!
“Exorbitant attorney fees awarded by Courts to be paid by American taxpayers has become the newest ‘Sword of Damocles’ strategically employed by organizations like the American Civil Liberties Union (ACLU) to coerce settlements by cities, counties, states, and large organizations like the Boy Scouts of America and the Department of Defense by suits and threats of lawsuits against any public expression of America’s religious history, heritage, and values,” Cadmus said. “When out-of-court settlements are more cost effective than the judicial process, then the system is clearly broken.”
“Each time the threat of outrageous attorney fee awards by courts drives an out-of-court decision, Lady Justice receives another ‘black-eye’ and justice is defiled,” added Americanism Chairman Joseph E. Caouette.
“The American Legion is a strong supporter of the Boy Scouts of America and the Department of Defense.
“When the mere threat of attorney’s fee is so severe that large organizations fear the consequences, then imagine the power and chilling effect it has on local elected officials faced with the threat of court-ordered, taxpayer-paid attorney fees if they do not surrender to ACLU demands to cease sponsorship of Boy Scouts, or to destroy religious symbols like the Ten Commandments.” The American Legion actually holds the charters on over 2,600 Boy Scout units and supports thousands more.
“Using taxpayers’ dollars to pay these court-ordered attorney fees, especially when attacking established, traditional American values is absurd,” Cadmus continued. “The list of victims continues to grow - Los Angeles County, the cities of San Diego and Redlands in California, the school boards in Chicago, Ill., and Portland, Or., the Village of Castleton, Department of Housing and Urban Development, Department of Defense, Ten Commandments cases in Kentucky, Texas, and Alabama, and even a Veterans’ Memorial in the Mojave Desert. Who will be the next victim?”
“Enough is enough!” Cadmus declared. “The American Legion fully supports legislation introduced today by Representative Hostettler, the Public Expression of Religion Act (PERA). It will remove the chilling effect on constitutionally protected free expression of religion in public areas by ending court-ordered attorney fees, or damages, in Establishment Clause cases – but only those cases. It does not bar anyone from filing an Establishment Clause lawsuit. It merely follows the general American rule that each party bears its own attorney fees in lawsuits, and removes the threat of court-ordered attorney fees or damages in Establishment Clause claims only. No other civil rights claim will be affected by this legislation”
“The American Legion believes the Public Expression of Religion Act will restore sanity in the judicial process,” Cadmus said. “With this bill, we take a giant step to stop an abuse of the Civil Rights Acts. I thank Rep. Hostettler and urge every member of Congress to sign on as a co-sponsor of this extremely important legislation.”
Founded in 1919, the 2.7 million-member American Legion is the nation’s preeminent service organization for veterans of the U.S. armed forces, including active duty, National Guard and Reserves, and their families. A powerful voice for veterans in Washington, The American Legion drafted the original GI Bill and was instrumental in establishing the agency that today is the federal Department of Veterans Affairs.
Media Contacts: Joe March, (317) 630-1253; cellular, (317) 748-1926
or Ramona Joyce, (202) 263-2982; cellular, (202) 445-1161.
A high-resolution photo of Cmdr. Cadmus is available online at www.legion.org.
| The Articles below are from:
Rees Lloyd - Past Commander of San Gorgonio Post 428 of Banning, CA
(Author of Resolution 326 passed at National Convention calling for changing the law that enables the ACLU to collect tax dollars in litigation of cases against religious symbols). |
Resolution 326, Preservation of Mojave Desert WWI Memorial
I am very gratified that Commander Cadmus, when he met with President Bush on March 17 on Legion national legislative goals, included our Resolution 326, Preservation of Mojave Desert WWI Memorial which California sponsored at the National Convention 2004. The President kept a briefing book containing a full page on Resolution 326, according to Joe March, national public affairs director. Also, I am gratified that we are assured that a bill will be introduced by Rep. John Hostettler (R-Ind) to amend the Civil Rights Act, 42 U.S.C. Section 1988, to eliminate the authority of judges to award attorney fees to the ACLU in cases brought under the Establishment Clause against the Boy Scouts, all public manifestations of our American religious history and heritage, and, for the first time in history, a lawsuit to remove a religious symbol, the Christian Cross, at the Mojave Desert WWI Veterans Memorial here. Commander Cadmus also specifically referenced the outrage of the ACLU's attack on the Mojave Desert Veterans Memorial in this month's nationally distributed DISPATCH. Resolution 326 was also cited specifically in the story sent out from National to media nationally on the American Legion's 86th Birthday, March 15-17. Further, of course, American Legion Magazine carried a piece on ACLU's a abuses in the February issue. We have also received strong news coverage from Joseph Farah's www.WorldNetDaily.com and "Whistleblower" magazine, which carried a piece on Resolutin 326 in the December issue. In addition, I have been doing radio interviews, thanks to the effective media relations work of Joe March. This week alone, I did: March 21 - America at Night with Ernie Brown out of Las Vegas; March 23 -- Joseph Farah's World Net Daily national radio talk show from Washington, D.C;. March 24 -- KGAB radio out of Cheyenne. I believe we are reaching people with our message on the need to rein in the ACLU, and the judiciary, through Resolution 326. The appearances on Ernie Brown's show and KGAB were return invitations which resulted, they said, from strong response to the first programs where many of the listeners learned for the first time that they, as taxpayers, have been paying ACLU attorney fee requests by order of unelected, judges-for-life. Ernie Brown said on the air that they had never had as strong a response as they had after the first program. In each, when asked for a contact, I have included www.calegion.org along with www.legion.org as the best sources for information, and to support the Legion. I have been getting supportive e-mail inquiries and responses at USCRUSADERS@aol.com, (with no apologies to Osama or other sensitive Islamist terrorists for the name), from as far away as Alabama and Tennessee where the broadcasts have been heard. As for print media: The Record-Gazette, our local paper in the San Gorgonio Pass, which is one of the most supportive of veterans and the Legion (editor Charles Ferrell is the son of a D-Day Normandy Landing survivor and a member of our SAL), ran (1) the entire Legion 86th Birthday story sent out by Joe March; (2) A follow-up op-ed piece by me on the Legion's founding and its growth to become the largest vets organization in the world; and (3) a letter-the-editor with 86th Birthday greetings to San Gorgonio Pass Legionnaires from Joanne Evans, 5th Area Vice Commander. Vice Commander Joanne's letter, localized, was sent to the leading papers in all five Southern California counties. Willy Wilkin, former Department Commander and NEC-man, sent an 86th Birthday greeting which was published in the San Bernardino Sun letters column. (In future, perhaps we should consider setting up a mechanism to get out 87th Birthday greeting letters to all the media in California.) All of this is important in this crusade (again, no offense to Osama for use of the word, of course), but, perhaps the most important are the articles on Resolution 326 published in California Legionnaire and what National has published in The American Legion Magazine, as those news articles reach the what I consider the "V.I.P.'s" of America, i.e., the veterans in the American Legion, still serving America. If our more than 100,000 Legionnaires in California, and the more than 2.7-million Legionnaires nationally, move together on this issue of Resolution 326, we can move the nation. Thank you for all your efforts. Audacity, audacity, audacity. FOR GOD AND COUNTRY FOREVER; SURRENDER TO THE ACLU -- NEVER! --Rees
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HOUSE PASSES PERA, H.R. 2679: 244 TO 173!
WE MUST NOW WORK TO PASS S. 3696 (PERA) IN SENATE
Comrades, Colleagues, and Patriots:
The U.S. House of Representatives today voted 244 to 173 to pass the Veterans Memorials, Boy Scouts, Public Seals, and Other Public Expressions of Religion Protection Act of 2006 (PERA, HR 2679).
A great debt of gratitude is owed to the sponsor of PERA, Rep. John Hostettler (R-Ind.), who has courageously led the effort for passage, resulting in some sixty-seven co-sponsors joining that effort, and leading to passage with 244 Representatives voting for PERA, and only 173 against.
PERA IS strongly supported by American Legion National Commander Paul Morin of Massachusetts, as it was by his predecessors, Past National Commander Thomas Bock of Colorado (2005-2006), and PNC Thomas Cadmus of Michigan (2004-2005).
Commander Morin, on behalf of the 2.7-million member American Legion, strongly urged legislators to pass PERA in order to end "judicial blackmail" in a letter delivered to Members of Congress on the eve of the House Vote.
H.R. 2679, and its companion bill in the U.S. Senate, S. 3696, would eliminate the authority of judges to award attorney fees to the ACLU, or anyone else, in Establishment Clause lawsuits against veterans memorials, the Boy Scouts, public seals, and the public display of the Ten Commandments and other symbols of America's history and heritage which have a religious aspect.
"The real threat of such judge-ordered fees is that they have terrorized local elected officials into surrendering to the plaintiff's demands to remove religious symbols, such as crosses from veterans' memorials, city logos, police badges, and any public environment where the rich religious heritage of the nation flourishes," Morin said.
"It is time to put an end to this outrageous exploitation of a law designed to encourage individual plaintiffs injured by racial discrimination to seek judicial relief," he added.
Support for passage of PERA grew and more and more Americans learned that the ACLU, which postures as a pro bono legal organization representing the poor and oppressed without fees, has in fact for years been amassing millions in profits in judge-ordered, taxpayer-paid attorney fees in Establishment Clause cases attacking veterans memorials, Boy Scouts, and other targets of ACLU's ideologically-driven secular-cleansing terrorizing litigation.
The grass roots movement for reform, made up of organizations which neither endorse political candidates nor contribute to their campaigns, in contrast to the big donor backers of the ACLU like George Soros and Hollywood multi-millionaires like Norman Lear, has involved many organizations who have generated tens of thousands of petitions in support of PERA.
As one example, Dr. Gary Cass, Director of the Center of Reclaiming America, which was initiated by Dr. D. James Kennedy, president of Coral Ridge Ministries, delivered almost 200,000 petitions in support of PERA to sponsor Rep. John Hostettler last Friday, and met with staff of the House leadership on the need for PERA.
On Monday, Congress received an powerful and eloquent request to take urgent action to pass PERA from two of America's most decorated veterans, former U.S. Senator Jeremiah Denton, Rear Admiral (USN, ret.) and Maj. General Patrick Brady (USA, ret.) Medal of Honor recipient.
They called on Congress to recognize the importance of memorials honoring veterans and the need to pass PERA so that they, and other veterans, could enter litigation as full parties to defend veterans memorials against ACLU's lawsuits, as in the ACLU's attack on the Mt. Soledad National War Memorial. They pointed out that the First Amendment right of veterans and other citizens to enter those cases parties is prevented because of the threat of ACLU's attorney fees being imposed upon them as parties -- unless PERA is passed by House and Senate.
A major victory has been won by the courage and integrity of PERA sponsor John Hostettler (R-Ind.) who refused to give up when it appeared that passage of PERA was impossible, and by the persistence of The American Legion and other grass roots organization who drew a line in the sand and took a stand for American values against the ACLU's exploitation of federal fee-shifting laws for profit.
Now, the grass roots movement must move to pass S. 3696, PERA, in the Senate, and make it the law of the land.
REES LLOYD, Commander, American Legion District 21, Dept. of California
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PUBLIC EXPRESSION OF RELIGION ACT FILED
TO STOP ACLU ABUSES OF CIVIL RIGHTS ACT
By REES LLOYD The Public Expression of Religion Act of 2005 (PERA) , H.R. 2679, has been introduced in the 109th Congress by Rep. John Hostettler (R-Ind.), who was the principal sponsor of the Defense of Marriage Act in the 108th Congress. American Legion National Commander Thomas Cadmus immediately issued a statement calling for support for passage of the Act on behalf of the Legion's 2.7-million members. PERA amends the Civil Rights Attorney Fees Act of 1976, 42 United States Code Section 1988, to withdraw the authority of judges to award attorney fees, or damages, in Establishment Clause lawsuits brought by the American Civil Liberties Union (ACLU), or anyone else, against the Boy Scouts, the Ten Commandments or other public displays of America’s religious history and heritage, such as the Los Angeles County Seal, and religious symbols at veterans memorials. Thus, it does everything called for in American Legion Resolution 326, Preserve Mojave Desert Veterans Memorial, which was initiated at San Gorgonio Pass Post 428 in Banning and adopted at the 2004 American Legion Convention by unanimous vote of delegates. “The American Legion believes the Public Expression of Religion Act will restore sanity in the judicial process,” Legion National Commander Cadmus said. “With this bill, we take a giant step to stop an abuse of the Civil Rights Acts. I thank Rep. Hostettler and urge every member of Congress to sign on as a co-sponsor of this extremely important legislation.” While most Americans believe that the ACLU acts pro bono (without fee) in bringing cases under the Establishment clause, the ACLU in fact profits greatly by these suits. For example: The ACLU received $940,000 in attorney fees from the City of San Diego when it settled the ACLU’s lawsuit to kick the Boy Scouts out of Balboa Park; the ACLU received $500,000 in the Ten Commandments case involving Alabama Judge Roy Moore; it received $108, 000 from Portland Schools regarding Boy Scout recruiting; It received $90,000 in its lawsuit in Illinois to drive the Boy Scouts out Chicago Public Schools; it has received $63,000 so far in its attack on the Mojave Desert Veterans Memorial and all veterans memorials are now subject to attack by the ACLU, or others following its precedent, including Islamist terrorist sympathizers. “Exorbitant attorney fees awarded by Courts to be paid by American taxpayers has become the newest ‘Sword of Damocles’ strategically employed by organizations like the ACLU to coerce settlements by cities, counties, states, and large organizations like the Boy Scouts of America and the Department of Defense by suits and threats of lawsuits against any public expression of America’s religious history, heritage, and values,” Cadmus said. “Enough is enough!” Cadmus declared. “The Public Expression of Religion Act will remove the chilling effect on constitutionally protected free expression of religion in public areas by ending court-ordered attorney fees, or damages, in Establishment Clause cases – but only those cases. It does not bar anyone from filing an Establishment Clause lawsuit. It merely follows the general American rule that each party bears its own attorney fees in lawsuits, and removes the threat of court-ordered attorney fees or damages in Establishment Clause claims only. No other civil rights claim will be affected by this legislation” The American Legion is the largest veterans organization in the world. It is also the largest sponsor of Boy Scout Troops in the U.S., and has had as its motto since its founding in 1999 "For God And Country," from which it has not retreated. Cadmus stated the Legion intends to fight for the Public Expression of Religion Act, and against the ACLU or anyone else who would exploit the Civil Rights Act for profit. “Using taxpayers’ dollars to pay these court-ordered attorney fees, especially when attacking established, traditional American values is absurd,” Cadmus stated. “The list of victims continues to grow - Los Angeles County, the cities of San Diego and Redlands in California, the school boards in Chicago, Ill., and Portland, Or., the Village of Castleton, Department of Housing and Urban Development, Department of Defense, Ten Commandments cases in Kentucky, Texas, and Alabama, and even a Veterans’ Memorial in the Mojave Desert.
Who will be the next victim?”
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