05.01.10
MADAME NANCY PELOSI
SPEAKER OF THE HOUSE
H-232 U. S. Capitol
Washington, D.C. 20515
Synopsis:
Dear Madame Speaker:
I'm sorry I missed the opportunity to meet you back in 1985 when ACLU attorney, Mary C. Dunlap, suggested we might meet regarding the SFAA case in the federal courts (Gay Olympic Games). Mary spoke of your concern even to the point of considering writing corrective legislation to "fix" the Amateur Sports Act. That was 25 years ago. To me it was yesterday.
I am Leo O. LaBranche Jr. and had the distinction of being next in line in the 9th circuit and all events which occurred in the SFAA case were to be mirrored and applied in my action LABRANCHE v. USOC. The not-so-supreme court decided the USOC did indeed control all use of the word Olympic for any and all uses in our Country. They agreed with the USOC contention that the legislation was indeed intended to be so. This decision was applied to my action resulting in my case never being considered and I, like SFAA, were relegated to the ash heap of olympic history. The court ordered destruction of my goods, company, and registered lobby. It ordered no use of Olympic even in conjunction with the National Association of Olympic Businesses, a Congressional registered lobbying organization (reg. #11271000), a 501 (c)(6) non-profit corporation (1985). I obeyed the order (1988).
During an extended stay in the appeals court I became a private lobbyist, and later formed a lobbying group [NAOB] and headed it to try to affect a change in the Act which had been grossly misinterpreted by the federal courts following the conspiratorial lead of the USOC and partner in crime, the International Olympic Committee. Within six months five Senators on the Judiciary Committee (remaining anonymous) of the 99th Congress informed me through a staff attorney (1985) that the issue would be addressed, likely in the next session and measures to be taken would make Olympic users free from this unconstitutional interpretation of the law by the USOC which was never intended by either House or President Jimmy Carter who signed the legislation. I was was also informed that I could make this information public. This was August 1985.
At the time of my Congressional contact NOT ONE legislator had an inkling or clue that the Amateur Sports Act would be interpreted in the manner espoused by the USOC and later affirmed by the supreme court. Neither did any Member agree with this interpretation. I can't recall how many times I was scolded or admonished when I brought the issue to the attention of the (all) Members. However, Petitions 0274 and 0373 were referred to the House Judiciary Committee, Chairman Rodino. As well as the Senate Judiciary Committee, Chairman Thurmond. A bright spot, if that is the term, was Judge Kozinski's dissent in the SFAA case (joined by 2 other jurists) which may have been the reason the supreme court took the case. Interestingly, Judge Kozinski is now Chief Judge.
In 1998 the "Ted Stevens - Amateur Sports Act" was enacted which officially freed all the Olympic users except when actual infringement existed. This is fifteen (15) years after the arrival of my Petitions which declared the exact same thing. The law went from prohibition of all use of Olympic to permission for all to use Olympic except when actually infringing under the provisions of the Trademark Act of 1946. Exactly what the law was intended to do in the first place as is mandated and amplified by the Legislative Intent. (L. I. file received from Chairman Rodino is clear as crystal).
I invested and lost three hundred (300) thousand dollars in out-of-pocket over a six year period from formation of my company (1982) to the final court order (1988). There is no evidence of any court case using the Amateur Sports Act after me. Not one of the 5-6 thousand commercial businesses and many thousands of non-profits were ever again accosted, warned or threatened by the USOC (after 1988) or it's silent (foreign) partner. I took the hit and words I dislike using come to mind, such as, whistleblower, pariah, and martyr. At least I wasn't a bad example in furtherance of the IOC/USOC plot. I informed every legislator and agency and state and most non-profit NGO's as well as thousands of others similarly situated of the "goings on." I kept this effort up for four long years until ordered to dissolve. Our group also lobbied against the measure HR-1988 and tried to change it's "uncontroversial" status.
My quest for freedom resulted in consequences I can not articulate. Fighting for my rights was one thing but when the outcome pursued in good faith, fairness, and constitutional belief was going to affect all others that came after - I was in the largest battle of my life. I could not to go down in history as another feather in the cap of the USOC/IOC conspirators to the detriment of all others in the same position. That became my biggest risk and largest fear.
I am including a copy of the book about this ordeal, the Pro Se Litigant, recently completed. It will be published soon. Should a staff member read it I suggest start with Part III to Epilog. A disc is also included of the book. Parts I, II, and VIII are autobiographical in form and music driven. A reference to the TOC may indicate areas or Chapters of interest. The appendix contains primary federal court documents from the case that was never heard.
In closing I'm sorry we didn't meet back during the time. I admire what you do and imagine it is one of the most difficult and rewarding jobs in the Country, not to mention somewhat thankless.
Included are the Pro Se Litigant copy in Binder; one disk copy (Word, Mac OS or PC).
cc: California Office, 90 7th Street
High Regard,
_____________________
Leo O. LaBranche Jr. 970 209 3057
180 SW 7th Street
Cedaredge, CO 81413 branches111@earthlink.net
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