Dueling NAACP factions head to court

Dueling NAACP factions head to court

Splinter group has caused ‘ irreparable harm’to organization, argues attorney for

Afrika- led group

news@theeveningtimes.com

The Crittenden County NAACP chapter went to court Monday to get an upstart group to stop meeting and using its name. Chapter President Shabaka Afrika testified in the courtroom of Judge Richard Lusby that the confusion over the two groups had inflicted irreparable harm and asked the court for an injunction against more than 10 members that had begun meeting separately.

Afrika took the stand and stated harm on two fronts.

First, confusion in the community about which group was legitimate, hindered opportunities to work as advocates. A credibility gap has developed because of the contention. The state of confusion impacted chapter operations according to its president.

“It’s literally embarrassing,” said Afrika as he provided an example. “When we are dealing with a case like in Marion schools with bullying and talk to the principal and the superintendent it undermines our legitimacy and authority.”

“If it undermines their legitimacy to operate then that is irreparable harm,” argued the attorney Marty Lilly.

Afrika also testified diminished potential to recruit new members created irreparable harm. He blamed the confusion caused by the persons the chapter named in the law suit. Afrika claimed confusion in the community over the two factions deterred decisions to join, renew or commit to lifetime membership.

“When you talk to people about joining they say the newspaper says you all are always fighting back and forth and so they don’t know who is the legitimate NAACP. It hinders our ability to attract new members,” said Afrika. “Who knows how many we’ve lost.”

If someone else can hold themselves out as the Crittenden County Chapter, does it undermine your ability to collect membership dues?” asked Lilly.

“Absolutely,” replied Afrika.

Lilly pressed for an injunction.

“Is there anyway to get that money back and go back and collect dues paid to some other organization?” asked Lilly.

“It undermines the trust people have,” said Afrika, “for volunteer organizations, for all of us, including the officers. Ultimately, it destabilizes the organization and makes it weak and feckless.” Attorney Bill Lewellen represented those named in the suit. He cross examined Afrika and asserted the president had issued fake membership cards but couldn’t satisfy the judge to produce one.

Lewellen pursued the money trail. The chapter banked $117,000 Arkansas Supreme Court award against the national organization for interference in the chapter vote that first put Afrika in the office of president. How the money will be spent became a concern during questioning.

Member Hubert Bass and lawyer Lewellen had petitioned a court for $30,000 each to no avail in October.

That finding has been appealed. Lewellen tried to make the money a bone of contention again. The judge heard Lewellen argue with Shabaka on the stand and repeatedly gave wide berth, but the judge called Lewellen down in response to objections for banging on the witness box, badgering Afrika, and being out of bounds on the money trail.

Lewellen tried to turn the table on Afrika and put the $60,000 loss on the chapter president.

“Don’t you think there is an issue with the community not trusting your leadership

because you were

going to steal about $60,000 of that money?”

asked Lewellen.

“Mr. Lewellen you know better than to ask that question; its in another law suit that has been decided by a circuit court and currently on appeal with the court of appeals. It is not the issue before us today,” said Judge Lusby.

That decision was rendered by Judge Pam Honeycutt last October and affirmed Afrika as chapter president and handed the money to the county chapter.

Lewellen finally asserted certain bylaws provided for the alternative meetings the Crittenden County NAACP sought to stop. Kyle Watkins and Hubert Bass had made social media posts offering special called meetings at the L.R. Jackson Youth Activity Center.

The bylaws read in court indicated a group of ten or more members could agree to a special called meeting.

Afrika read aloud a handful of the Facebook posts in court which called for meetings.

“This is from Kyle Watkins, ‘the real meeting of the Crittenden County NAACP is on 405 South 25th,” said Afrika. “We will prove in court May 18 that Shabaka Afrika is attempting to sue the community.

You gonna make me eat it lol sad situation.’” Afrika testified for just over an hour. Hubert Bass testified about the bylaws and special meeting provisions afterwards. Judge Lusby continued the hearing until June 19.

By John Rech