10.05.10
SENATOR PATRICK LEAHY SENATE JUDICIARY COMMITTEE
ANNIVERSARY - October 5, 1984; 10:10 A.M., D.C. Federal Court.
DEAR SENATOR LEAHY:
Today (actually at this moment) marks my 26th anniversary of entering the judicial system via the D.C. Federal court. It was the day that Pres. Reagan had shut down the government over budget disagreements. I had flown to Washington from Los Angeles to file my case against the USOC and the Amateur Sport Act. As I walked to the court to file I was anxious the court was closed but soon found the doors open. The young clerk chuckled, "we never close." Happily I had not made my journey for nothing. While the filing could have been made by mail I wanted to file it in person. The case was assigned to Honorable Barrington D. Parker. I left town that afternoon arriving back in Los Angeles early in the A.M. the following day.
I believe in 1984, November, you were among the 77 senators and 200 representatives who received my petition and case record then entangled in the California federal court, southern district. [This mailing was six inches thick and contained a complete history of use of the word Olympic since the early 1920's.] This court battle continued for three more miserable years. I respected you then maybe because of my New England roots and an organic affinity and I respect you now having watched you over the years. The Judiciary Committee (99th Congress) and Chairman Thurmond were responsive and 5 minority Senators (remaining anonymous) contacted me by phone through staff attorney (Steve Best) in August, a scant seven months since first contact.
The Senators, through Mr. Best, were adamant that the current interpretation of the Amateur Sports Act of 1978 espoused by the USOC, and it's compatriot, was completely off the map of reality and law, exactly as my suit claimed, and it would be addressed in the coming Congress. In the House, Speaker O’Neil, referred the Petition and documents (court record) to the House Judiciary Committee, Chairman Peter Rodino, Jr.. The Congressional Record noted as received the Petition and referred to it as Pet. 0274. A later filing was made and it was noted as Pet. 0373. Chairman Rodino was only Congressman I ever met in person, and that by accident at the Supreme Court, a great honor for me.
In April 1988 the U. S. 9th Circuit Court of Appeals enforced supreme court precedent acquired in the Gay Olympics case (IOC/USOC v. S.F.A.A and Dr. Thomas Waddell) to my case and it was over. An option existed to go to the Supreme Court again (earlier visit on Amicus in above case) but my Supreme Court counsel (one of the best) Mike H. Gottesman talked me down and convinced me of the futility of the course. I burned the legal tents and moved into obscurity. Large emotional and financial losses were incurred.
Later the Senate Commerce Committee passed the “corrected” version of the Act in 1998 now named “Ted Stevens – Amateur Sports Act.” Isn’t it fitting that the law was changed precisely as my Petitions 0274 and 0373 suggested. Isn’t it more fitting that Congress (having contacted 100’s of Members) never intended the interpretation in the first place and were being “blamed” for the interpretation then being espoused by the USOC and it’s partner in crime, IOC. Not to mention federal courts along the wayside bowing to the conspirators at every opportunity staring blindly at the Olympic flame. There were a few dissents in the gay case at the appeals court and the chief dissenter is now Chief Judge [Alex Kozinski].
As is understood and believed the supreme court opinion (1988) in the gay case is now moot. And one more rhetorical point, “Who told the USOC to stop attempting to enforce their interpretation of their unconstitutional law from 1988 on? It had to be a Senator or two or more behind closed doors. NO court case was filed after my case was concluded. Even with supreme court opinion giving them exclusive commercial rights over use of the word with no regard for trademark defenses, among other gratuitous favors.
I was considered by many to be a pariah, whistle-blower, and obviously, martyr. Only a fool could consider a course of action such as I chose. I was forced to appear pro se for the first two years (no one would sue the USOC with their pristine reputation and their formidable law and the Olympic light.) Remember what they did to the March of Dimes and the Reading Olympics with the law?
Senator, Sir, I need a Champion. If you know of one please put us in touch. I stood for the Constitution and now it is time someone stood up for me. I’ve had 22 years of hardship because of my stance and position defending myself and ultimately defending the Constitution as it applied to me and everyone. I’m getting up in years and wrote the story early this year about the case so my kids, if no one else, could know what it was that I accomplished and why I worked so long and hard to do so.
The short version of the story of the four-year ordeal is included. There were high points on occasion, such as DOJ investigation, Canada, the State Department, HR-1988, and the NAOB (National Association of Olympic Businesses).
Thank you Mr. Chairman. I’m looking forward to hearing from you.
Highest Constitutional Regard,
_____________________
Leo O. LaBranche Jr. 970 209 3057
180 SW 7th Street branches111@earthlink.net
Cedaredge, CO 81413
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