Blackshire v. National Association For The Advancement Of Colored People, Inc.

673 N.E.2d 1059 (1996)

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Nature of the Case

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Facts

The NAACP is an incorporated voluntary association that was founded to advance the political, educational, social and economic equality of minority group citizens. The senior branches are the local group organizations for adult members of the NAACP. The NAACP has more than 1,600 senior branches, including the defendant southside branch. The NAACP also has about 650 youth councils, which provide opportunities for younger members to participate in the organization. The branches operate pursuant to the constitution and by-laws for branches. Article VII the branch constitution provides for various kinds of memberships and sets the membership fee schedules. The 'basic adult' membership fee for persons over 21 years of age is $10, or $15 if the member subscribes to 'Crisis,' the NAACP's nationally circulated magazine. Article VII also sets at $3 the 'minimum youth membership without Crisis' for persons who have not reached their twenty-first birthday. Article V, section 12 of the branch constitution states that 'the minimum voting age for any member in good standing in branch elections shall be 17 years. Where there is an active youth council (25 members or more) members, 17-20 years of age can vote in the youth council or the branch.' A 'member in good standing' is defined in article V, section 11 as 'a bona fide member of the branch at least thirty (30) days prior to the date the election is held who has paid the requisite minimum membership fee to the branch.' On October 19, 1994, Earl King, a candidate for branch president, arrived at the southside branch's office and submitted approximately 3,000 youth membership applications, each with a $3 youth membership fee. On October 22, 1994, William Penn, Sr., the NAACP'S director of branch and field operations, faxed a memorandum dated October 21, 1994, to all branches. The memorandum stated that on October 15, 1994, the NAACP's national board of directors interpreted Article V, section 12 of the branch constitution as requiring youths to pay the $10 adult membership fee no later than 30 days prior to a branch election in order to participate in that election. As a result, the 3,000 youth members recruited by Earl King could not vote in the November 19, 1994, southside branch election because each of them had paid only the $3 youth membership fee by October 19, 1994. Ps filed suit seeking to enjoin the NAACP from denying them the right to vote in the November 19, 1994, southside branch election. The trial court granted a temporary restraining order against D, staying the election pending disposition of their complaint. The trial court then ruled that the branch constitution 'clearly' allowed youth members who paid the $3 dues by October 19, 1994, to vote in the November 19, 1994, election. The court entered an order permanently enjoining D and the southside branch from denying those youth members their right to vote in the election. D appealed arguing the trial court erred by 'interfering' in its internal affairs.