Sunday, March 17, 2002
Boycott coalition sues arts group
By Kevin Aldridge, kaldridge@enquirer.com
The Cincinnati Enquirer
A boycott group has sued the managers of the Aronoff Center for the Arts for allegedly trying to intimidate it into silence with a threat of legal action for asking performers to stay away from Cincinnati.
The Coalition for a Just Cincinnati filed the suit Friday in U.S. District Court in Cincinnati against the Cincinnati Arts Association, which oversees the Aronoff Center, Music Hall and Memorial Hall.
Boycott supporters line up to donate money during a forum Saturday at Ammons United Methodist Church in East Walnut Hills.
(Michael Snyder photo)
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The lawsuit asks the court to declare that threats of a lawsuit by the arts association were unconstitutional prior restraints on the group's First Amendment right to free speech.
The group says the association was attempting to silence and crush the boycott by threatening to sue for more than $77,000 in damages. The suit also claims that the arts association was acting on behalf of the city.
An arts association spokesman would not comment Saturday on the coalition's action. He said the arts groups would file its lawsuit this week.
We regret having to take this action. It's not a fight we choose, but it's not a fight we are going to run away from either, said Covington attorney Lucian Bernard, who is representing the coalition. We cannot sit idly by while the city tries to crush the boycott by proxy.
The boycott against the city began in July. Boycott organizers want improvements in police-community relations and more economic opportunities for black residents.
The lawsuit was announced Saturday during a town meeting held by the coalition at Ammons United Methodist Church in East Walnut Hills. More than 150 people heard the boycott group's position and demands, as well as to donate money to help defend against potential litigation.
The arts association threatened to sue the coalition after jazz trumpeter Wynton Marsalis canceled a concert in observance of the boycott. The arts group claims there is basis for a lawsuit because the boycotters are interfering with legal contracts between the association and performers.
In recent months, boycotters have also persuaded comedian Bill Cosby and singer Smokey Robinson to cancel shows in Cincinnati.
The association told boycotters in a Feb. 28 letter they could avoid the lawsuit if they agreed by Saturday to stop contacting artists performing at its venues and turn over all information on entertainers contacted.
Mr. Bernard said no one from the coalition encouraged any artists to break their contract with the arts association.
The CAA has never been a target of this boycott, Mr. Bernard said.
The coalition's legal strategy seeks to prove the connection between the city and the association is such that the private non-profit arts group was acting in the interest of city leaders when it threatened to sue. The lawsuit is based on a principle that prohibits a government or entities acting on its behalf from restricting free speech.
The CAA is tied to the city in that it manages some publicly owned facilities, Mr. Bernard said. We didn't go as far with this lawsuit as we could have. We're not seeking blood, we don't want money. The only thing we've sought is to be left alone.
Van Ackerman, a CAA spokesman, said the coalition's lawsuit won't alter the arts group's course.
We'll know more when we convene with our lawyers on Monday, he said.
At the church meeting, boycott leaders reiterated their commitment.
I don't want anybody leaving here today thinking that compromise is in the air, said the Rev. Stephen Scott, vice chairman of the coalition. There will be no compromise.
Coalition member Robert Pace of Avondale said of the CAA's threatened lawsuit: We don't take threats too lightly. We don't back down easily either. In fact, we don't back down at all.
Members of the Cincinnati Black United Front a second boycott group attended the coalition's meeting to show solidarity. The Black United Front, which has targeted conventions and tourism, was not named in the association's threatened lawsuit.
We feel just as affronted by this threat of a lawsuit as they do, said the Rev. Damon Lynch III, president of the BUF. We are all working together for the same purpose, so when one of us is under attack, we all are.
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