How did it go today?
The three judge panel consisted of a Reagan appointee, a Carter appointee and a Lyndon Johnson appointee. The hearing was about an hour in length. One judge was particularly adamant this case was a free speech and constitutional question.
Because this hearing is of a more delicate nature than the others, we do not feel at liberty ourselves to discuss it in greater detail and hope you all understand. Some media was present from the Philadelphia Inquirer and Bulletin. We hope they cover the matter and then we (or who ever sees it first) can post it on this thread, by itself or both.
Thank you and everyone so much for your interest and concern. Please keep us and this case in your prayers.
Physicist, when you have the time, I would be most appreciative if you could ping the list again. And thank you again, for your excellent work. As I was just saying to Don, I marvel at the fact that you are always so thorough, and never make a mistake.
Panel weighs reviving lawsuit against Rendell
By Joseph A. Slobodzian
Inquirer Staff Writer
Gov. Rendell has not been Mayor Rendell since 1999, and legendary Teamsters boss John "Johnny" Morris has been dead four years.
But yesterday the content of two conversations between the men eight years ago continued to fuel a civil-rights lawsuit filed by Cheltenham siblings who contend that their free-speech rights were violated when they were beaten by Teamsters for heckling President Bill Clinton at an Oct. 2, 1998, appearance in Center City.
At issue before a three-judge panel of the U.S. Court of Appeals for the Third Circuit yesterday was whether a federal judge properly dismissed the suit by Don and Teri Adams.
Don Adams, 46, and sister Teri, 47, contend that members of Teamsters Local 115 ended their anti-Clinton demonstration with a beating because Rendell had earlier called Morris, asked for a union presence at Clinton's appearance, and said the Teamsters should "drown out" anti-Clinton protesters.
"How are we supposed to decide what drown out means?" asked Judge Louis F. Oberdorfer, of the U.S. District Court for the District of Columbia.
"It's not for anybody in this room to decide what drown out means," replied the Adamses' attorney, Earl N. Mayfield 3d.
Mayfield argued that question should have been left to a jury to decide, not to U.S. District Judge William H. Yohn Jr., who dismissed the Adamses' lawsuit in August 2003.
Jane E. Istvan, a deputy city solicitor representing Rendell and the Teamsters union in the appeal, argued that Yohn made the right decision because the Adamses had not found any corroborating evidence to show the phrase drown out was a tacit agreement between Rendell and Morris to use force to silence anti-Clinton protesters.
Istvan added that, in that same telephone call, Rendell also told Morris he wanted the crowd greeting Clinton to be "extremely peaceful and extremely positive."
The judges held the case for further review and gave no indication when they might rule.
All three judges were specially named to hear the appeal after Mayfield asked the Third Circuit's own judges to recuse themselves because Rendell's wife, Marjorie O. Rendell, is a Third Circuit judge appointed by Clinton in 1997.
Clinton, then embroiled in the scandal involving his sexual contacts with White House intern Monica Lewinsky, was to be in Philadelphia on Oct. 2, 1998, for a Democratic fund-raiser hosted by Rendell at City Hall.
According to court documents, Rendell wanted to buoy the president's spirits and called 15 to 20 groups urging them to line Clinton's motorcade route with a strong show of support.
Among those Rendell called was Morris, then 72, the fiery, strong-willed secretary-treasurer of Teamsters Local 115.
At Clinton's visit, Local 115 members wearing "Teamsters for Clinton" T-shirts were on hand at City Hall, as were the Adamses and sign-carrying anti-Clinton protesters who chanted "Impeach Clinton now."
At one point, according to court documents, Don Adams and Morris exchanged words. Morris then put his own hat on Adams' head, and several Teamsters rushed forward and began beating him.
Teri Adams, a probation officer, jumped in to try to protect her brother. Both were injured, Don Adams more seriously, with a concussion and broken ribs.
Later that day, court records say, Rendell called Morris again to "console" the union leader and assure him "nothing is going to happen to these guys," referring to Teamsters videotaped attacking the Adamses.
Mayfield argued that Rendell knew of Local 115's history of violent confrontations, and that "drown them out" was code for using force.
Mayfield said Rendell's second call to Morris was further proof, because the mayor was guaranteeing Morris his members would not be prosecuted.
Istvan, however, told the judges that the second conversation was "one of consolation, not concealment," and that it would be improper to infer a conspiracy by the men to violate the Adamses' free-speech rights.
In any event, Istvan noted, five Local 115 members were charged with the assault, pleaded guilty in Philadelphia Common Pleas Court, and were sentenced to probation.
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Contact staff writer Joseph A. Slobodzian at 215-854-2985 or jslobodzian@phillynews.com.
Two point: We were protesting not "heckling" President Bill Clinton.
And I didn't "jump in." Crawled to Don , after being knocked down by the Teamsters who surrounded us, would make the statement correct.