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From: recoveryIssues on 20 Oct 2007 03:23
A long term member (20 yrs) was banned from a nonprofit self-help
group over two years ago. He claims that he did absolutely nothing
wrong, and ouster appears to be due to actions of influencial local
leaders he disagreed with. Some have claimed that his ouster is a
personal "vendetta". He believes that his ouster is unfair,
unjustified, unethical and is against the values and policies of this
organization.

This nonprofit is dedicated to helping people with emotional and
psychological problems. The organization's mission and vision
statements and other writings including that of the President of the
organization and founder all state that all are welcome to attend
meetings, despite that, they still ban him. This organization is a
private, nongovermental group who receives donations from private
sources and possibily public money as well.

Leaders have made public false statements about his actions to local
grop members in an apparent attempt to damage his reputation, impune
his character etc so as to attempt to justify his ouster and create an
atmosphere of fear and repulsion about him. They have attempted to
isolate him from many members of the organization. Some have
suggested that they are attempting to deprive him of his rights of
free speech and free assocation and assembly.

He has tried to discuss this problem with several top leaders of the
organzation to resolve this matter but this has not been successful.
The one and only time (2005) he was allowed to speak to local leaders
resulted in his being allowed to return to meetings. Yet a few weeks
later, without any reason given whatsoever, leaders held a meeting and
"voted" him out of the organization, even though he was given
absolutely no notification of this meeting, he was given no way to
defend himself, and no reason supposively was even given for his
ouster.

There is nothing in the organization's policies that permits anyone to
be barred from meetings permanently, and there is no exclusion
policy. There is no policy that permits anyone from being banned from
meetings due to a vote of leaders. This exlusion directly violates
existing organizational policies.

There is a question whether the Americans with Disability Act is being
violated by this organization. While some aspects of this man's
actions may be considered as connected to a "disability", thus it
might be said that he has been ousted for actions associated with a
disability. Might this be a violation of the ADA?

This ouster has caused him great suffering, depression, anxiety, loss
of friendship and assocation - some organization's leaders spreading
false rumors and malacious statements regarding his past actions has
caused him great menal and emotional suffering as well as loss of the
opportunity to be helped by this program.

Local leaders had greatly embarassed and upset him at meetings, yelled
at him, and one local leader even threatened him with physical
violence during a meeting.
He believes that he had been greatly harmed by the actions of the
organization's leadership. His reputation and good standing with
membership has also been severly damaged.

Suggestions?

From: Doug Laidlaw on 21 Oct 2007 02:57
recoveryIssues(a)gmail.com wrote:

> A long term member (20 yrs) was banned from a nonprofit self-help
> group over two years ago. He claims that he did absolutely nothing
> wrong, and ouster appears to be due to actions of influencial local
> leaders he disagreed with. Some have claimed that his ouster is a
> personal "vendetta". He believes that his ouster is unfair,
> unjustified, unethical and is against the values and policies of this
> organization.
>
> This nonprofit is dedicated to helping people with emotional and
> psychological problems. The organization's mission and vision
> statements and other writings including that of the President of the
> organization and founder all state that all are welcome to attend
> meetings, despite that, they still ban him. This organization is a
> private, nongovermental group who receives donations from private
> sources and possibily public money as well.
>
> Leaders have made public false statements about his actions to local
> grop members in an apparent attempt to damage his reputation, impune
> his character etc so as to attempt to justify his ouster and create an
> atmosphere of fear and repulsion about him. They have attempted to
> isolate him from many members of the organization. Some have
> suggested that they are attempting to deprive him of his rights of
> free speech and free assocation and assembly.
>
> He has tried to discuss this problem with several top leaders of the
> organzation to resolve this matter but this has not been successful.
> The one and only time (2005) he was allowed to speak to local leaders
> resulted in his being allowed to return to meetings. Yet a few weeks
> later, without any reason given whatsoever, leaders held a meeting and
> "voted" him out of the organization, even though he was given
> absolutely no notification of this meeting, he was given no way to
> defend himself, and no reason supposively was even given for his
> ouster.
>
> There is nothing in the organization's policies that permits anyone to
> be barred from meetings permanently, and there is no exclusion
> policy. There is no policy that permits anyone from being banned from
> meetings due to a vote of leaders. This exlusion directly violates
> existing organizational policies.
>
> There is a question whether the Americans with Disability Act is being
> violated by this organization. While some aspects of this man's
> actions may be considered as connected to a "disability", thus it
> might be said that he has been ousted for actions associated with a
> disability. Might this be a violation of the ADA?
>
> This ouster has caused him great suffering, depression, anxiety, loss
> of friendship and assocation - some organization's leaders spreading
> false rumors and malacious statements regarding his past actions has
> caused him great menal and emotional suffering as well as loss of the
> opportunity to be helped by this program.
>
> Local leaders had greatly embarassed and upset him at meetings, yelled
> at him, and one local leader even threatened him with physical
> violence during a meeting.
> He believes that he had been greatly harmed by the actions of the
> organization's leadership. His reputation and good standing with
> membership has also been severly damaged.
>
> Suggestions?

It is difficult for me to advise, being in Australia where one still needs a
reason to go to Court.

He believes that he has been adversely affected, but can he PROVE it?
Without evidence of damage, he won't get very far. If he has been defamed,
different rules apply.

What legal right of his has been infringed, or doesn't that matter in the
U.S. any more? If it was an entirely voluntary association, he may have no
legal rights at all. But "non-profit" means "not in business for profit."
A non-profit body is allowed to make a profit, so long is that is not its
main reason for existing. Had he paid subs that entitled him to the
privileges of membership, and entitled him to be expelled only under the
Rules of the organization? Were those Rules strictly followed? The Courts
have always been very particular about that last question.

Get him to see a local attorney. Those are the kind of questions I would be
asking, if I were his attorney.

Doug,
Australian lawyer.
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