Leslie v. Philadelphia 1976 Bicentennial Corp.

343 F. Supp. 768, 1972 U.S. Dist. LEXIS 13587
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 25, 1972
DocketNo. 70-3503
StatusPublished
Cited by5 cases

This text of 343 F. Supp. 768 (Leslie v. Philadelphia 1976 Bicentennial Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leslie v. Philadelphia 1976 Bicentennial Corp., 343 F. Supp. 768, 1972 U.S. Dist. LEXIS 13587 (E.D. Pa. 1972).

Opinion

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. PRELIMINARY STATEMENT

This is a civil rights action. Plaintiff, Catherine S. Leslie (“Leslie”), was formerly the Coordinator of Community Development of the defendant Philadelphia 1976 Bicentennial Corporation (“Bicentennial Corp.”). She was discharged from that employment on October 20, 1970, following a series of events which form the basis for the final stage of this lawsuit. In the first stage, following the taking of testimony on the subject, we held that Bicentennial Corp. was the surrogate or corporate instrumentality of the State for purposes of planning a bicentennial celebration, and that whatever it does partakes of state action, including actions involving its personnel. See Leslie v. Philadelphia 1976 Bicentennial Corp., 332 F.Supp. 83 (E.D.Pa.1971). For purposes of this litigation, Leslie is therefore tantamount to a public employee.

Proceeding from the well-settled proposition that the employment of a public employee may not, in general, be terminated for exercise of constitutionally protected rights,1 Leslie’s claim for relief is predicated upon her allegation that her discharge resulted from her exercise of First Amendment rights of speech and association, and more particularly, from criticism by her of the leadership of the Bicentennial Corp. and of its policies which she claimed were racist in character. Leslie seeks declaratory and injunctive relief, as well as damages for lost wages. She claims that her employment was to extend through the winding up of the Bicentennial which she estimated to be around 1978, but possibly as late as 1983.

The Bicentennial Corp. denies Leslie’s allegations. First, the corporation contends that the true and immanent cause of Leslie’s discharge was her lack of competence and capacity to perform her assigned duties. Second, conceding that the “last straw” which precipitated her discharge was a public statement accusing the Bicentennial Corp. of racist policies, the corporation submits that Leslie’s dismissal was nonetheless justified by the language of the Supreme Court in Pickering v. Bd. of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968). Pickering rephrased the general rule stated above and held that absent proof of - false statements knowingly or recklessly made, a teacher’s exercise of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment. However, the Pickering court posited certain exceptions to the general rule and enunciated a “balancing test” which is applicable here. For the reasons which follow (see dis[770]*770cussion infra), we hold that under the principles of Pickering, the nature of Leslie’s employment was such that she could indeed be properly discharged for utterances accusing the Bicentennial Corp. of racist policies. We turn first however to a recitation of our findings of fact upon which our legal conclusions are founded.2

II. FINDINGS OF FACT

Leslie was hired as Bicentennial Corp.’s Coordinator of Community Development in December 1969 after interviews with Bicentennial Corp. Executive Director Robert McLean (“McLean”) and Board Chairman Henderson Supplee (“Supplee”). The role of the Coordinator of Community Development was clearly portrayed for Leslie during those interviews.

As a counterpoint to its physical development program which had generated antipathy in Philadelphia’s black community because of the amount of neighborhood displacement which it was expected to cause, the Bicentennial Corp. had conceived of the so-called “Agenda for Action” program. The Agenda for Action was conceived as a means of contributing to the betterment of the urban condition, particularly in the black areas of North and West Philadelphia, by an expenditure of substantial funds for community development in those areas. Leslie was informed by McLean that the principal duties of the Coordinator were: (1) to create and develop the Agenda for Action program; (2) to involve the black community in the program; and (3) to foster good community relations between the community in general, but particularly the black community, and the Bicentennial Corp. As to the latter point, McLean went so far as to say that they needed someone who could “walk a tightrope”, i. e., defend the Bicentennial and sell its programs to the black community. Thus Leslie, a black woman with apparent credentials in working in the black community, was aware from the outset that tact and discretion were the order of the day. Leslie was also made aware that she would be expected to work in close cooperation with the other units within the Bicentennial Corp., especially the physical development staff.

The employment relationship was not confirmed by any written contract. McLean informed Leslie that he could make no guarantees or contracts. (No one on the Bicentennial Corp. professional staff had an employment contract.) Neither was any employment term agreed upon. Leslie was informed that the whole enterprise was rather “iffy,” and that no one knew for certain whether there would be an exposition in Philadelphia because of the necessity of approval from Washington and Paris, about which there yet was doubt, or whether the Bicentennial activities would go on until 1976.3 Leslie was informed that her salary would be $18,000 per year and that “promotions would be based upon performance.” Under these terms she commenced work with the Bicentennial Corp. on January 12, 1970.

Shortly after joining the Bicentennial Corp. staff, Leslie received permission and funds from McLean to conduct a small informal meeting at her home for leaders of the various black communities in Philadelphia so that she could establish her credibility with them. Subsequently, a series of three meetings were planned at Chamounix Mansion in Philadelphia’s Fairmount Park to inform community leaders about Bicentennial plans and to help them formulate their own plans for participation in the Bicentennial. These were supposed to be public [771]*771meetings. They were conducted by Leslie with the assistance of one James Shelton (“Shelton”), president of New Dimensions in Training, Inc., a consultant to the Bicentennial Corp., which was responsible for training community representatives as part of the Agenda for Action program. At the second such meeting, on February 28, 1970, Leslie and Shelton asked all whites to leave. A Mrs. Marie Shumate, Director of the Haddington Leadership Conference, was in attendance and was also asked to leave until she protested that her “light skin betrayed her heritage.” Shortly afterward, the Rev. Charles H. Riley, pastor of the Church of the New Life and New Horizons, arrived accompanied by his white assistant, Miss Barbara Blaisdell. They were also asked to leave by Shelton, who told them that the meeting was for black people only. An argument ensued, and Reverend Riley left after his white assistant ran from the meeting. Many of the black leaders who were present protested.

The following Saturday, March 7, 1970, another meeting was scheduled at the Chamounix Mansion. Reverend Riley again appeared, this time with another white assistant, and again they were asked to leave by Shelton, who said that the meeting was by invitation only and wa sfor blacks only.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Johnson v. Jefferson County Board of Health
662 P.2d 463 (Supreme Court of Colorado, 1983)
Thompson v. City of Minneapolis
300 N.W.2d 763 (Supreme Court of Minnesota, 1980)
Sprague v. Fitzpatrick
412 F. Supp. 910 (E.D. Pennsylvania, 1976)
Roseman v. Hassler
382 F. Supp. 1328 (W.D. Pennsylvania, 1974)
Leslie v. Philadelphia 1976 Bicentennial Corp
478 F.2d 1398 (Third Circuit, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
343 F. Supp. 768, 1972 U.S. Dist. LEXIS 13587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-v-philadelphia-1976-bicentennial-corp-paed-1972.