Judge awards $98,000 in ISRA funds to handgun control group

The Illinois Leader ^ | 24 March 2003 | The Leader-Chicago Bureau

[Ford Fairlane]

Judge awards $98,000 in ISRA funds to handgun control group

Monday, March 24, 2003

By The Leader-Chicago Bureau

The Illinois State Rifle Association faces paying $98,000 in legal fees to a handgun control group.

SPRINGFIELD -- Illinois State Rifle Association members may have to come up with $98,013.20 to pay legal expenses of the Illinois Council Against Handgun Violence for what the ISRA called “an overly cute joke.”

Federal Judge James Zagel, formerly with Governor Jim Thompson’s administration, ruled the state affiliate of the National Rifle Association and certain individuals had to pay almost $100,000 in legal fees in a copywrite infringement suit filed by the handgun control group.

Defendants held responsible in the case are the Illinois State Rifle Association, Second Vice President and lobbyist Todd Vandermyde, and Peter and Medina Flanagan. Peter Flanagan was the volunteer that managed the ISRA web site.

Illinois State Rifle Association President Richard Pearson could not be reached for comment.

Lobbyist and Second Vice-President of the ISRA Todd Vandermyde said, “There’s not much to comment on at this time. The judge said what he said and we’ll go from there.”

According to Thomas Mannard, executive director of the Illinois Council Against Handgun Violence, the suit arose after the Council Against Handgun Violence let its registration with the Secretary of State’s office lapse last May 1st.

“After May 1st, the name basically became available for anyone to take,” Mannard told Illinois Leader.

“We got wind in late May that Todd Vandermyde with the NRA had filed incorporation papers in the name of the Illinois Council Against Handgun Violence,” he continued. “There was a press release that had gone out under our name saying we were supporting (state) preemption (of local gun control laws), concealed carry and that stuff.

“Over the next course of the next two weeks, there were a couple of different press releases that went out under the Illinois Council Against Handgun Violence that basically discussed issues that in our organization we would have been on the opposite side,” Mannard explained.

“And, so we knew that in terms of the corporate status we had to take steps to address that,” he explained, “but that as an organization that had used this name for twenty years that to be using the name Illinois Council Against Handgun Violence in any type of public way was probably a violation of trademark law.”

The gun control group filed suit in Federal court the first week of last June, “basically stating that they were in violation of Federal trademark law,” Mannard said.

“Right after the suit was filed, we named Todd and a couple of other names. They immediately said they would dis-incorporate and let us have our name back,” Mannard continued. “The caveat was that the defendants wanted us to pay their legal fees.”

Unwilling to pay the ISRA’s legal fees, the gun control group forced a December bench trial before Zagel. “We were trying to establish that Mr. Pearson and others knew what was going on.

“Closing arguments were Dec. 30th,” Mannard continued. “The issue of getting the name back we knew was more or less a done deal. The reason we went to trail was to establish culpability with the SRA and Pearson.”

Zagel noted that the ISRA is “an organization whose views and positions are, to put it mildly, adverse to those adopted by” the organization suing ISRA.

“It is also clear that defendants engaged in wrongful activity,” the judge continued.

“While I am generally reluctant to award such a high sum of attorneys’ fees,” he wrote, “I am bound by Seventh Circuit precedent, which requires that I award attorneys’ fees in a case such as this in which damages are low (or, rather, non-existent).” He noted that “this large sanction” would fulfill the purpose of deterrence against a not-for-profit organization.

“I find that the bulk of the fault lies with Mr. Vandermyde and Peter Flanagan, who manages the ISRA website and who issues bulletins and other ISRA communications through the ISRA’s ‘Alert Service,’” Zagel wrote. “Relative to the actions of Mr. Vandermyde and Mr. Flanagan, the involvement of Richard Pearson, President of ISRA, is quite small and mostly devoted to reacting to the storm of protest…”

Zagel then asks, “Did they betray the trust of the ISRA?”

The Judge points out that “ISRA rules require that officers like Mr. Vandermyde have to clear with the ISRA Board any activity that might be deemed to conflict with the interests of the ISRA.

One reason to suppose that Mr. Vandermyde did not betray the ISRA is that he did present his plan to the Board and they allowed him to proceed,” Zagel continued. “The Board said yes and Mr. Vandermyde’s actions received enough of its approval to render the ISRA responsible, at least in part, for his conduct.”

Later in the decision, Zagel concludes, “Mr. Flanagan’s actions were committed under the direction of Mr. Vandermyde.”

“I guess this is what happens when you treat gun rights like a game,” was the reaction of John Birch, head of Concealed Carry.com.

The ISRA will hold its 2003 Annual Meeting on Saturday, April 12, 2003 at the Holiday Inn, Bloomington/Normal.

[Ford Fairlane]

I figured this would come back to bite Vandernyde & the ISRA

More brilliant moves from the ISRA leadership

[Ford Fairlane]

Ping

[IronJack]

I'd tell them to whistle for the money. If ISRA is like most advocacy groups (at least CONSERVATIVE advocacy groups), they operate on a shoestring. Let the anti-rights klan slap liens against the minor property the organization owns. They'll be lucky to buy themselves a Yoo Hoo.

[Ford Fairlane]

The problem with the ISRA is that for too long it has been run by a few people who's only concern is keeping their lobbying jobs in Springfield.

The ISRA's PAID LOBBYIST are also the ISRA's officers, and the organization's constitution is written in such a way that it is about impossible to replace them.

[Fixit]

$100,000 in legal fees in a copywrite infringement

I assume they mean copyright.

[Flyer]

the suit arose after the Council Against Handgun Violence let its registration with the Secretary of State’s office lapse

I can't weigh in on the ISRA, but the registration lapse is a mistake they took advantage of. The Left continues to ignore dates and deadlines.

[Ford Fairlane]

I agree with you, but the ISRA shouldn't have pulled this stunt if they didn't have the cash to pay the legal fees

[William Terrell]

I can't weigh in on the ISRA, but the registration lapse is a mistake they took advantage of. The Left continues to ignore dates and deadlines.

I think it was that the Illinois Council Against Handgun Violence group has exclusively used that name for so long as to have acquired a common law right to it. Probably some statute that wrote the common law down in the matter of names, like the "trademark law" Mannard mentioned, such that the group itself would be damaged by someone using the name. Even if new owners had acquired it by using the letter of another statute.

I can see how the judge had to make that call, otherwise he would have been rightly pilloried as a partisan. Plus it seems to me that if he had ruled the other way it would have created some conflict in the market place and in political groups.

[RS]

"“There was a press release that had gone out under our name saying we were supporting (state) preemption (of local gun control laws), concealed carry and that stuff."

Wrong... since you let it lapse, it was not your name anymore

[William Terrell]

I'm not sure, if the ISRA's property is siezed and doesn't pay the whole bill, would they still be liable for the rest?

[IronJack]

would they still be liable for the rest?

Hard to say. I'd have to defer to the legal eagles on that one, but it would depend on how the organization was incorporated and who the judgement was against, I would suspect.

[templar]

I'm not sure, if the ISRA's property is siezed and doesn't pay the whole bill, would they still be liable for the rest?

"Federal Judge James Zagel,... ruled the state affiliate of the National Rifle Association and certain individuals had to pay almost $100,000 in legal fees ... Defendants held responsible in the case are the Illinois State Rifle Association, Second Vice President and lobbyist Todd Vandermyde, and Peter and Medina Flanagan."

If the judgment was issued jointly and severally (likely) the plaintiff can go after all or any of the parties to collect. Vandermyde and Flanagan may lose their personal property, homes, and income to pay any amount not payed by ISRA.

[templar]

Wrong... since you let it lapse, it was not your name anymore

If I read the article right, the action was brought on Federal copyright laws, not state trade name (fictitious name) registration. Fictitious name laws are generally for the purpose of legally determining who the entity doing business in a state really is (i.e. a Corporation with the officers named, partnership with the partners listed, individual proprietor by name) to prevent fraud and provide legal notice as to who the owner(s) of the business entity is. They generally do not guarantee the right to the use, or the exclusive use, of a name. They are not a copyright for a trademark.

[RS]

That's what it looks like, but since the press releases that went out were the opposite of what the old outfit would have written there shouldn't have been any copyright problems.
Even the executive director of the old organisation is quoted as saying "“After May 1st, the name basically became available for anyone to take,” Mannard told Illinois Leader." - which presumes that the registration did give some sort of name protection that could be lost.

[William Terrell]

Bummer

[fideist]

The problem with the ISRA is that for too long it has been run by a few people who's only concern is keeping their lobbying jobs in Springfield. The ISRA's PAID LOBBYIST are also the ISRA's officers, and the organization's constitution is written in such a way that it is about impossible to replace them.

I don't know where you are getting your information, but that is totally bunk. I know, because from 1991 to 1994 I was an ISRA Board member and an active lobbyist in Springfield! It was all volunteer work. I only got repaid for expenses, and even then, there was never enough for that.

That is the way it is with all the players in the ISRA =except= Todd. Todd is a contractual paid lobbyist by the NRA-ILA. And read that carefully, he isn't even salaried! NRA-ILA has two salaried lobbyists for this region of the country. We might see them seven to eight times a year. Todd is paid contractually when NRA-ILA sees fit.

And the last time I checked even Todd was not paid a salary by the ISRA! Now, things might have changed that way. But if they have, that is the only one.

Rich Pearson is a volunteer. All the rest of the officers and directors are volunteers.

So go back to whomever is feeding you this misinformation and tell them to get their facts straight.

[Ford Fairlane]

My info comes from members of the Champaign County Rifle Association - from certain members I know I can trust, also from info I discovered while working with other members of ISRA a couple of years ago trying to (unsucsessfully) get officer's candidates on the ballot, and from my former State Senator.

I dont believe for a minute that they were lying to me.

I also saw copies of ISRA financial records with itemized "lobbying expenses". If they were forged someone went to a lot of trouble for nothing.

[fideist]

Ford,

Look what you said, you went from accusing the ISRA of having a "bunch of paid lobbyists trying to protect their jobs," to saying you saw "lobbying expenses" on a financial report.

I REPEAT, they are not paid lobbyists. They are volunteers, and volunteers are entitled to having their expenses reimbursed.

When I was with them, my expenses were reimbursed too. When in Springfield, I stayed at the Motel 6 and ate cold Kentucky Fried Chicken every night!

Nobody wants to be accused of what you are falsely accusing them.

The ISRA is an all volunteer organization. You can find out yourself -- by volunteering.

[fideist]

I just got off the phone with ISRA President Richard Pearson.

1) There are no ISRA paid lobbyists, not even Todd. The only lobbying expenses paid are a) motel rooms and b) meals but only if taken with a legislator.

2) The ISRA's insurance company is paying the lawsuit's damages. No association funds will be expended.

[Ford Fairlane]

If that is true then they need to get off their butts & start mending some fences with the grassroots gun organizations in the state.

The only ones I really know are in the Champaign County group, but I go to gun shows all over the state & I am always hearing negative comments about ISRA, usually with the same theme.

I moved back to ILL in 94, and on a couple of occasions in the late 90s myself & several others from Champaign, where I was living at the time, tried to volunteer with ISRA and each time we were told we didn't understand what was going on & our assistance was not wanted or needed.

The implication was that since we were from south of I-80 what we wanted didn't matter

I, for one, will not rejoin ISRA or give them any more money until I see some results, and I don't mean just defending against Daley's annual anti gun bills, I want some real pro gun legislation introduced.