Archive for November 9th, 2008

Atheists win Legal battle

Sunday, November 9th, 2008

http://www.atheists.org/flash.line/smalko1.htmhttp://www.atheists.org/flash.line/smalko3.htmFrom: Edwin Kagin, National Legal Director for American AtheistsTo: The Board of Directors and the Membership of American Atheists.Date: October 30, 2008.It is my distinct professional and personal pleasure to announce that the lawsuit filed in the United States District Court for the Western District of Oklahoma, at Oklahoma City, by American Atheists against the Hardesty, Oklahoma public school and certain named officials has been dismissed as settled. The order was filed yesterday, October 29, 2008. It is now part of history.I am not at liberty to make public the terms of the settlement agreement, but both the monetary considerations, and the assurances provided by the defendants, were satisfactory to American Atheists, were approved by the past and present Presidents of American Atheists, Frank Zindler and Ed Buckner, and were of such a character that I recommended that American Atheists accept the settlement.This case arose out of what we alleged was a denial of civil rights, and a conspiracy to violate civil rights, by state actors in Oklahoma against members of the Smalkowski family and other members of American Atheists. The Smalkowski family has made its own separate settlement with the defendants. Our lawsuit was based on the denial of civil rights to Atheists in the Oklahoma school, using the treatment of the Smalkowskis as evidence for this claim, and seeking redress for Atheists.This case was filed just over two years ago. The history of what happened is contained in the following writings, that have previously appeared nationally, regarding the events that formed the cause of action for the Federal lawsuit. The factual background is a matter of public record.A special ?thank you? goes to attorney Richard Rice of Oklahoma City who served as local counsel on this case. Rick is a Christian. He made that clear to me from the outset. And he believes in the rights secured by our Constitution. And he fought for them. Without his most competent and professional assistance, the result announced today could not have been achieved. On this issue, we are in the same line.We thank the Smalkowski family for their praise of our efforts on their behalf and we wish them well in their future undertakings.Edwin KaginNational Legal DirectorAmerican Atheists, Inc.PO Box 666Union, KY 41091E-mail:ekagin@atheists.org