Atheists win Legal battle

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

59 Responses to “Atheists win Legal battle”

  1.  what says:

    Great work. Thank you. I hope you really soaked em.

  2.  CascadiaEventHorizon says:

    Good job!

    Any chance of going after faith based initiative now?

  3.  TXatheist says:

    I remember hearing about this a few years ago and the ostracization of the daughter with her sports activities. Good for us, good for them. If memory serves me right the daughter was told to stand outside the prayer circle before her game. Funny, one of our local HS football teams near Austin prays voluntarily and they haven’t won a game in years.

  4.  nissimlevy says:

    I do remember this case. Congratulations!
    And thank you to Mr. Richard Rice.

  5.  mxracer652 says:

    How does one go about getting PO Box #666?

  6. Charles Gadd freethought1 says:

    My wife and I met the Smalkowski family at the Seattle convention and bought two of their music albums. A lot of credit also needs to go them for standing up for their rights. Not something easy to do in many rural areas, especially rural Oklahoma.

    Cheers to all.

  7.  godless sodomite says:

    Great news! another case of religious bullying that lost in the end.

  8.  what says:

    From AA’s homepage.

    The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

    Do you think this principal will conclude that his gawd was punishing him? If yes, then what do you think he will conclude that his gawd is punishing him for? Because he failed? Because he is evil?

  9.  what says:

    Obama visited our war criminal president. I heard Obama offered Bush a pretzel and told him it was the honorable thing to do.

  10.  Cynic says:

    Heh!

  11.  Tuen says:

    What

    Considering the nature of his apparent reasoning abilities, he’ll probably feel gawd is testing him. Afterall, gawd does work in mysterious ways.

  12.  Tuen says:

    Allegorically speaking, Bush should fall on his sword by admitting how badly he fucked up. He still believes history will judge him favorably regarding Iraq. Gawd works in mysterious ways.

  13.  phreedm says:

    Just like the election…lots of congrats without knowing a thing…what a bunch of maroons…

    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.

    Of course not…no one would congratulate you knowing you settled for a buck…

  14.  phreedm says:

    Say Ed…since education is such a hot topic on this board why didn’t you demand that the priciple be fired?

  15.  castletonsnob says:

    Phreedm, I believe just after the section you emphasized one can find the phrase “monetary considerations.” This means money, phreedm, “bucks.” There’s no attempt to hide it, as you imply.

    Is that all you have, phreedm? The same old whines and rants over and over again? Don’t get me wrong, I like the classics, but the public is fickle, you know?

    Maybe it’s time to overhaul the brand, revamp, remake the old, tired phreedm into something new and unexpected, a “phreedm 2.0,” if you will. Don’t worry, you can keep all your trademark ellipses, but you could be slightly less, well, certifiable.

    Unless you like the abuse served up to you by your godless superiors. Then by all means, stay the course, full steam ahead, damn the torpedoes!

  16.  what says:

    Phreeky 2.0?

    Castletonsnob, I like!

    Maybe AA could sponsor a “Design a Better Troll” contest. First prize would be editing rights on the NoGodBlog for one week. The winner could edit Phreeky’s posts so that they made more sense (lot of work), less sense (OK who wants to work that hard) or just delete them.

    Fun for the whole family!

  17.  what says:

    Cynic

    Heh!

    What does the Egyptian god of eternity have to do with this thread? :)

  18.  phreedm says:

    Comment from: castletonsnob

    Phreedm, I believe just after the section you emphasized one can find the phrase “monetary considerations.” This means money, phreedm, “bucks.” There’s no attempt to hide it, as you imply.

    You’re so blind. Of course it’s designed to hide the truth.

  19.  ga4ry says:

    Dont you think phreedm is just a little too Palin,Falwell,Hitleresque?
    I see him sitting in his room with the light illuminating the Obama poster and a tear stained copy of the Nov.5th New york times open on his desk. He sits at his computer and thinks of new ways to humiliate the far right in a Stephen Colbert satire aimed at his fellow atheists.

  20.  atheists-suck-balls says:

    gays are gay
    ur a dick
    we atheists are cool :D its really cool how we have nothing to live for after death and try and force our views on others. we’re cool enough to set up our own website :D
    n e way, despite god being hope for all those lost instead we choose to choose to have no future

    peace out
    i love atheists :D :D:D:D

  21.  cry4turtles says:

    Why did s/he just call him/herself “gays suck balls”. It would’ve saved time from the double post.

  22.  cry4turtles says:

    Plus, I’m certain there’s a ring of truth to it.

    Wait a minute! I’m an athiest, and I HAVE sucked balls. Quite a pleasurable thing it is–sucking balls :)

  23.  TXatheist says:

    PRINCIPAL

  24.  Boise Jim says:

    Is ASB Phreeky’s boyfriend?
    Here just to double-troll us?

    Hey phreak show-
    My Dad was a lawyer, and it was very common that the details of any monetary settlement were never made public. It was to protect both parties.

    You’re the fucking maroon.

  25.  godless sodomite says:

    Mmmm…I love sucking balls.

  26.  septos says:

    I cant figure out which christian sect started the whole teabagging dead atheists thing.

  27.  septos says:

    oops,too late It got deleted.

  28.  charlie says:

    I dont I think I suck at throwing a football

  29.  castletonsnob says:

    Wow, atheists-suck-balls makes phreedm look like some kind of genius.

    Miracles do happen!

  30.  Boise Jim says:

    Never been the giver of sucking balls, but it sure is nice to be on the receiving end!

    Hey Phreaky’s boyfriend, that was one hell of a convincing post to make me convert to your hateful and bigoted religion.
    Can’t you even bring the intelligence of a second grader to the discussion?

    My apologies to any second grader that I may have offended.

  31.  charlie says:

    damn we just lost castletonsnob….I guess Palin will be nominated by the broke dick GOP

  32.  charlie says:

    seriously speaking….what a terrific point to make….do you delete the bigoted post? or do you criticize leaving choice to the listener?….

  33.  charlie says:

    Bush is speaking this veterans day….I think he speaks to fight for his dumb decisions….Im disgusted….and I am a veteran…

  34.  godless sodomite says:

    I hope all of the newly disabled veterans show up at bushs speech in all their crippled glory for the world to see.

  35.  Tuen says:

    Is sex dirty? Only if it’s done right. – Woody Allen

  36.  phreedm says:

    Awww TX…you DO read my posts…how nice…

    And BJ…

    Once again you prove you are part of the most expensive commodity our nation has…

  37.  castletonsnob says:

    Once again you prove you are part of the most expensive commodity our nation has…

    I think that distinction goes to religion, phreedm, and any kind of faith-based thinking.

  38.  septos says:

    -off topic-
    Today the southern poverty law center has its day in court against the Klan for beating Jordon Gruver, they have a blog you can leave comments on.

  39.  threadtheenot says:

    “We thank the Smalkowski family for their praise of our efforts on their behalf and we wish them well in their future undertakings.”

    What a bunch of bull. Nicole fired Americain atheist and Edwin right after convention. She dealt with Rice as long as she had to.
    Pity is, cases could have done some good but games were played and we do not play, and we do not take kindly to threats, vilifications and unethical behavior from those who are supposedly representing us.

    American Atheist after we fired them made this end run with the help of Rick Rice. Seems they profited. How they claimed damages is beyond me.
    We were not involved.

    As for our cases
    We did not profit we are still broke from our legal costs! We are trying to salvage Nicoles future but like I said we are broke.

    We were totally disgusted with our legal team.
    With the right legal filings the prayer circle at centercourt during a school event would have ended but now it seems it will go on. Instead of fixing a wrong, fame and profit seemed to be the motive.

    SO…
    Nothing has changed, no battle was won. Yet victories are claimed?

    The real hero is Nicole Smalkowski who stood her ground for all of you, who lost out on her schooling and sports can only remember with deep regret how she was used by those she trusted.

    With all that has happened to us.
    Our biggest regret is ever getting involve with this bunch.

    So debate the bones and pat yourself on the back for knowing the truth BUT your children’s children will still say “under God” and live in a Christian country where in public schools, prayer and religion will be taught and preached as fact while the holy scribes in the temple of atheism and religion will still be fattening their purse.

    Good luck

    The Smalkowski’s

  40.  castletonsnob says:

    If the above post is legit, it certainly puts a, um…damper on things, to say the least.

  41.  Cynic says:

    Whatever the reality, this is an example of why I prefer the ACLU handle things like this. They’re far better off for it, they can take the bad press, are less likely to generate bad press, and when the shit does hit the fan, it hits them, not “atheists”.

  42.  NotSoFast says:

    The ACLU has dissatisfied clients, too.

  43.  what says:

    Sounds like a post by Phreeky. The poster wrote

    The real hero is Nicole Smalkowski

    If a Smalkowski had written s/he would have written “my daughter” or “our daughter”.

    Dave. What say ye?

  44.  what says:

    Also, notice the use of the ellipsis?

  45.  NotSoFast says:

    Say What???

  46.  what says:

    NotSofast

    I just want some proof that the post was for real.

  47.  castletonsnob says:

    So is the alleged Smalkowski comment legitimate or not?

    HELLO?

  48.  castletonsnob says:

    Fine. I’ll get to the bottom of it myself.

  49.  what says:

    castletonsnob

    Any luck finding out the validity of that post?

    Why no response from AA?

  50.  castletonsnob says:

    I’ve left a message for Chuck Smalkowski on his My Space page yesterday, but haven’t heard anything yet.

    I’ll be sure to let everyone know what, if anything, I find out.

    It would be much easier for Dave to authenticate, but so far, not much interest, apparently.