On January 19, the South Florida Tea Party, Inc., a non-profit organization seeking 501(c)(4) status, filed a lawsuit in federal court against the ballot-qualified Tea Party. The lawsuit asks the court to order the qualified minor political party to change its name. The case is South Florida Tea Party, Inc., v Tea Party, sou. dist, 10-80062-cv. UPDATE: on February 17, the plaintiffs filed an amended complaint, which makes the same demand that the party change its name. The new complaint has many more Tea Party groups listed as co-plaintiffs, including some from states other than Florida.
The Complaint seems internally contradictory. Near the beginning it says, “The Defendants organization of a political party that utilizes the phrase ‘Tea Party’ is not in and of itself objectionable or unlawful.” But toward the end, when it summarizes what relief it is asking for, it asks for a court order that the ballot-qualified minor party “be required to amend their filings with the appropriate office of the State of Florida such that their registered political party currently registered as ‘Tea Party’ must include other terms in order to avoid public confusion that the Florida ‘Tea Party’ is somehow endorsed or approved by the Plaintiffs and other persons or entities that are similarly situated.”
The group that filed the lawsuit says that the tea party movement “are working toward reform within the Republican Party and view third party candidacies as counterproductive.”
The ballot-qualified Tea Party gained recognition as a political party in Florida in August 2009. Florida is the only state in which there is a ballot-qualified political party called “Tea Party” (the Boston Tea Party is no longer a ballot-qualified party in Florida and was never a qualified party in any other state).
In 1997, the 2nd circuit ruled in United We Stand America, Inc., v United We Stand, America New York, 128 F 3d 86, that the federal law on trademarks does cover political organizations. However, the recent Florida complaint does not allege that the Tea Party movement has trademarked its name. The complaint points out that the ballot-qualified party has not trademarked its name. Thanks to John Wayne Smith for this news. To read the complaint, go to this story at TPMMuckraker, which has a link to the Complaint.
The Lincoln County (Oregon) GOP website describes itself as “FOR REPUBLICANS AND INDEPENDENTS.” It is at http://www.goplincolncounty.com/
This only shows that the “Tea Party Movement” are really Republicans in disguise.
The legal phrase involved is an *assumed name* — aka doing business as ABC/XYZ — a twilight zone from outer space for political parties — due to the operation of the ballot access laws.
The Tea Party Movement is an American tradition. It comes from a tradition of local home rule, where government was no further from the governed than one day’s horseback ride, and individual interests were more important than are community interests. That led to a more involved citizen, through town hall meetings and even vigilante movements. The Tea Party Movement is but an extension of these American traditions and perfectly correct. It is what the elite few who want to rule the many, as the current Democrat Party and many old-line Republicans, would oppose. The differences are cited in the Changing Face of Democrats, Our Libertarian Roots Lost, on Amazon and claysamerica.com.
Extremists have become so loud, they’re deafening. And because they shout in perfect sound bites, the media birddog their every rant, however irresponsible or outrageous.
But we believe the political tide’s about to turn with a vengeance. No matter their party affiliation or lack thereof, Americans are disgusted with those who harass to harass, obstruct to obstruct, tear down to tear down. Compromise, consensus, bridge-building, and respect for differing viewpoints have been the hallmarks of American life as long as there’s been an America. We’re certain they will be again.
Please read: The Rest of U.S. – Who We Are and What We Stand For
http://newcentristera.wordpress.com/2010/01/06/the-rest-of-u-s-who-we-are-and-what-we-stand-for/
If you like it, please circulate to your family, friends, and colleagues. Or perhaps to your favorite extremist!