Local NAACP wins legal wrangle with national organization

Local NAACP wins legal wrangle with national organization

County chapter prevails in court case, receives six- figure check

news@theeveningtimes.com Too legit to quit. The Crittenden County NAACP persisted in its claim of interference against the state and national organization during the 2010 local unit election. Crittenden County NAACP President Shabaka Afrika reported the group’s attorney said the money for punitive damages is in hand.

“It’s over,” said Afrika. “The attorney called to congratulate me.” It all started when then state NAACP president Dale Charles showed up at the local unit officers election in 2010. The Court found Charles interfered in the election and circumventing the proper work of unit election supervisor Hubert Bass.

“He was there to run the election and even made up his own ballots,” said Afrika. “There is a process and a local election committee but he Dale Charles just made up a ballot. The election supervisory committee escorted him from the election site. On his way out the door, I’ll never forget it, he said, ‘There is no point in you people voting. This one is going to be thrown out anyway.’” Next, the national organization suspended the election and restored former officers. That is when the unit based in West Memphis took them to court where the election was ruled valid reversing the larger organizations action. That decision was appealed and again the Crittenden County unit position was upheld by a three judge panel in 2015. It also let stand a $10,000 per month penalty for each month damages were not paid according to Afrika.

“We signed up to become relevant voice in the community for low income people and we are not backing down,” said Afrika at that time.

And the local unit did not quit and stayed doggedly determined.

“We are volunteers,” said Shabaka in an interview this week. “We could have quit. Most people did. It cost us time, effort and money. It cost me some business. We had a robust election with 130 participating.”

Again the larger organization appealed to the State Supreme Court which refused to hear the matter and the appeal court refused to reconsider.

Finally this week the lawyer said an award check for punitive damages amounting to $117,000 and another $20,000 for attorney fees had arrived. The money isn’t half of the matter for the local group.

“How can we be made whole again?” asked Afrika.

The membership numbers stand decimated after the last seven years of legal wrangling. After having 130 in the 2010 election, fewer than 20 voted in 2016. As for the practical patching of relationships and restoring trust with other levels of the organization and – even with cash in hand issues around an order for $10,000 per month penalty for the delayed payment of the award is still a point of contention. Afrika contends that the clock on the penalty ran a long time and the $17,000 on top of the $100,000 award does not properly reflect the penalty and interest as he reads the court order.

“At this point it is how you collect the money,” said Afrika.

The attorney for the local NAACP, Bill Lewellen confirmed the money was in hand, but with the issue of the monthly penalty still up in the air he had petitioned the court to escrow certain settlement funds to build a war chest to fight for the final details.

Outside of court, the practical matter of establishing working relationships and trust is in view as well according to Afrika.

“How now can we operate with the national NAACP with a level any level of trust?” asked Afrika. “So it’s like the USA and Russia — we have to sign a treaty. They have to have a sit down with us. It cannot be vitriol, it has to have structure.”

By John Rech