Posted on 09/06/2002 6:09:18 PM PDT by GeneD
Filed at 8:40 p.m. ET
PHILADELPHIA (AP) -- Two women will represent North Carolina at the Miss America pageant until courts resolve which one should carry the title, organizers said Friday.
The pageant would abide by a judge's decision to let Rebekah Revels temporarily keep her title, though it could result in two Miss North Carolinas appearing in the pageant itself, said George Bauer, interim president and chief executive officer of the Miss America organization.
Runner-up Misty Dawn Clymer, 24, had assumed the state title when Revels resigned after the pageant learned of photos in which she appeared topless.
Revels then went to court to be reinstated. A judge heard arguments Friday and set another hearing Monday, but said he would not immediately decide the case.
``For the present time, we will consider Miss Revels to be a contestant and she will receive all the courtesies afforded a Miss America contestant,'' Bauer said Friday night.
Bauer said organizers had not decided in which order the two contestants will be introduced in this weekend's activities in Philadelphia. The pageant concludes Sept. 21 in Atlantic City, N.J.
``We haven't determined a placement for the additional contestant, if we are forced to do that,'' Bauer said. He said the organization intends to honor Clymer's contract even if the courts decide the case in favor of Revels.
Clymer arrived in Philadelphia on Friday afternoon, and her introduction along with other contestants at the Ritz-Carlton hotel set off a barrage of flashes from photographers. She made no public statements on the dispute.
Revels was to arrive later Friday night in Philadelphia.
In essence, there are two Miss North Carolinas -- at least until Wednesday, when a court order naming Revels the queen expires -- said Clymer's lawyer, Janet Ward Black.
``It would be my guess that you're going to see two Miss North Carolinas announced on Sunday, and on Wednesday, there may be just one depending on what happens with the judge,'' she said.
Attorney Barry Nakell said Revels would participate in the pageant as Miss North Carolina 2002. ``I know she's going to win, and she's going to be Miss America,'' he said.
U.S. District Court Judge James Fox called the idea of two Miss North Carolinas impractical.
``If you think there can be two Miss North Carolinas, there should be three Miss New Yorks, two Miss Colorados, two Miss Alaskas,'' Fox said during the hearing. ``It's not realistic.''
He said he may not act on Revels' reinstatement before the pageant. He noted that he cannot hold court Tuesday -- primary election day in North Carolina -- and he is on vacation the following week.
The controversy began in July when pageant officials received an anonymous e-mail -- later determined to have been sent by Revels' ex-boyfriend Tosh Welch -- that told them about the topless photos.
Revels said Welch surprised her by snapping two photographs as she changed clothes. She has since broken up with Welch and recently sued him.
In a hearing on a lawsuit that Revels filed against the state competition, a state pageant official testified that Revels was told she would have to resign or be fired because she violated morals requirements in her contract.
The state judge ruled that the snapshots, which haven't been made public, didn't constitute a contract violation.
The federal court case began in Revels' native Robeson County, where she sued the Miss America Organization. A judge there issued the temporary order that expires Wednesday requiring Miss America to recognize Revels.
Miss America lawyer Tim Barber told Fox that the contract between Revels and Miss America officials had not been signed by the time she stepped down as the state's winner.
``Miss Revels resigned. She voluntarily resigned. We're here today because she changed her mind. ... right before the competition is to begin,'' Barber said.
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On the Net:
Miss America site: http://www.missamerica.org
The good Judge has no right to tell the MAP to do this. They should refuse to seat either woman, though personally I would disqualify anyone named Clymer.
This is the name on her birth certificate?
Without a doubt, the weasel of the week award goes to the ex-boyfriend.
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Moral standards are a condition of the pageant. The court has no place int this.
She was a bigger weasel than her boyfriend for shacking up with him under conditions that allowed him to take nude pictures of her. Don't attempt to put it off on her boyfriend. She knew what she was doing.
The point I saw was whether or not the contestant could broach the contract before it was signed. I think the Miss America tradition is a wonderful piece of Americana; but, it is, after all, a multi-million dollar enterprise and is subject to the law.
As for a 21 year old shackin-up, I can't cast any stones.
Who lost his professorship at UNC for shoplifting.
said Revels would participate in the pageant as Miss North Carolina 2002.
I believe that is up to the MAP.
``I know she's going to win, and she's going to be Miss America,'' he said.
Or he'll sue?
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He'll sue on some pretext and a judge will regard it as legitimate under the concept of the rule of law.
..... I report ... you decide!
POSTED: 4:12 PM EST March 13, 2004
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Barry Nakell, a lawyer for former Miss North Carolina 2002 Rebekah Revels argued Friday that District Court Judge Narley Cashwell shouldn't throw out the case as recommended by an arbitrator. The arbitrator made the recommendation after Nakell refused to turn over the photos that caused her to lose her crown.
Lawyers for the Miss North Carolina Pageant Organization and eight of its officials countered that Wake Superior Court Judge Narley Cashwell is legally bound to confirm the arbitrator's decision.
Cashwell is expected to decide within a couple of weeks whether to dismiss the lawsuit, let it proceed with or without the photographs or send it back to arbitration.
Cashwell agreed with pageant attorney Kenneth P. Carlson Jr. that state law prohibits a judge from vacating an arbitrator's award except in a few circumstances, such as if fraud or misconduct is involved.
Revels resigned as Miss North Carolina when state pageant officials confronted her with an e-mail message that a former boyfriend had sent to the Miss America Organization claiming he had nude photographs of her. Then she sued to be reinstated, saying she had been forced to resign.
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