BACKGROUND
–
The
Fellowship of Humanity is the Humanist Church that owns Humanist Hall
outright, ever since the building, called “Humanist Hall,” was given to
the Fellowship of Humanity in 1940 by J. George Kullmer.
The
building had originally been a Lutheran Church, containing pews which
were since removed.
J. George Kullmer, about whom nothing else
is known, bought the building from the Lutherans and gave it to the
Humanists to use as their church
–
The Fellowship of Humanity.
The
religion of The Fellowship of Humanity was said to be “Secular
Humanism.” The only place this is known to be recorded is in a lawsuit
filed in the Alameda County Courthouse in the early 1950s. The
Fellowship sued the County of Alameda, in which its Humanist Hall
resides, for levying property taxes on it even though it is a church.
The Fellowship won this lawsuit at the level of the California Supreme
Court in 1957. In 2006, the term “secular” to represent the religion of
a church seemed inappropriate and the Fellowship is gradually evolving
into a church that can call itself a church of “Religious Humanism.”
The
lawsuit of 1957 was long gone but a new one was forced upon the
Fellowship in May of 2005 by nine disgruntled ex-members. The
grievances or legal “complaints” of these plaintiffs in the lawsuit of
2005 were several:
1) They had been expelled from membership in the Fellowship “for
no reason”
–
allegedly in violation of their (civil?) rights;
the Fellowship bylaws notwithstanding.
2) Being expelled, they were not permitted to enjoy the property
of the
Fellowship, its
Humanist Hall and grounds.
3) The Fellowship had allegedly rigged the election of 2004
–
in other words, held an election wherein these expelled members were not
allowed to participate or vote.
4) The Fellowship’s Board of Directors, allegedly, was entirely
illegitimate and its authentic Board was composed of these expelled
members.
5) The Fellowship, allegedly, had done no financial accounting of
itself. No financial books were exhibited and few financial reports
were made to the membership.
6) Two members of the Board were alleged to be living illegally
in the basement of Humanist Hall and deriving too much advantage from
their position as residents.
7) The Board allegedly had, in effect, stolen the Fellowship of
Humanity from its membership, abolished democracy, allowed no feedback,
and ran a dictatorship.
8) The Fellowship allegedly was not entitled to its church status;
it did not honor Sundays, held too many outside events of too much
variety, and had no minister.
Behind
this lawsuit lurked malevolent motivations. If the plaintiffs could win
the lawsuit on all points, the Fellowship would be theirs. They would
be the Board of Directors and ultimately responsible for all Fellowship
activities and funds. But it happens that they were not responsible
people. About half of the plaintiffs were ex-Board members from years
gone by when the Fellowship had dwindled down to about six members who
came regularly on Sunday mornings. In those days, the Board only
allowed Humanist Hall to be open a few hours a week, the Sunday morning
hours. And over the years they had all let Humanist Hall and its
grounds fall into a dilapidated state
–
an
abandoned building on a vacant lot. If Humanist Hall were a ship, then
it was shipwrecked for a decade and resting on the bottom of the sea
until the year 2000 when it was dredged to the surface again when a new
Board came into being.
The
other half of the plaintiffs were members of an organization called East
Bay Food Not Bombs, in addition to being Fellowship ex-members. They
wanted to use Humanist Hall as the East Bay chapter headquarters for
Food Not Bombs. If they could take over the Fellowship, they could use
Humanist Hall as their main cook house and headquarters for
Berkeley/Oakland. In fact, the chief organizer of the plaintiffs long
ago had tried to take down the banner on top of the stage in Humanist
Hall that reads: “The world is my country, to do good is my
religion” (quoted from Thomas Paine) and replace it with a banner that
would read:
“Food Not Bombs Central.” They wanted Humanist Hall because they
thought it would be easy for them to get it by way of a lawsuit and
because they had been unable to retain any of their other quarters. In
the course of their lawsuit against the Fellowship, they had been
banished from five other cookhouses in the East Bay that they were using.
These
two groups of ex-members, the one with a sour grapes complex and the
other with a coup d’etat in mind, ganged up together to become
plaintiffs who sued the Fellowship for all it was worth. And while the
lawsuit was in process, they met in another church not two blocks away
once a month on Sundays, calling themselves “The Humanist Fellowship”
and pretending to be the Fellowship of Humanity. They used the address
of the Fellowship of Humanity as their own address and the membership
list of the Fellowship of Humanity as their own membership list, adding
friends of their own to the list. They elected their own Board and
their Secretary took notes at their meetings. The minutes of their
meetings show in no uncertain terms that their “Humanist Fellowship” was
no more than a hate group focused on exploring how to take down the
Fellowship of Humanity, deplete it of resources and revenue, and ruin
the careers, the reputations, and the lives of its Board members. In
short, they became a formidable enemy for the Board of the Fellowship of
Humanity to contend with even while the Board had all the work and
responsibility of keeping the Fellowship afloat.
WORK
–
The
Fellowship of Humanity used its last financial reserves to hire a highly
qualified lawyer to defend it against this vicious lawsuit. He was
first Recording Secretary and then President of the Bay Area Chapter of
the National Lawyers Guild at the time. Just about all the
documents that the Fellowship ever produced were required for this
lawsuit, and many more were written especially for it, in defense of the
Fellowship. Documents of key importance in the lawsuit were the
Fellowship’s bylaws, its membership lists, minutes of its annual
meetings, its treasury reports, transcripts of the depositions, and
chronologies of events that took place in Humanist Hall in the lawsuit
years from 2003-2007. These documents and many more were poured over in
minute detail by the Fellowship’s lawyer and possibly the plaintiff’s
lawyer and the judges involved.
It was
determined that the Fellowship’s bylaws were faulty and that the
expulsion of the plaintiffs had been on faulty grounds and too hurried,
since several of them had been expelled almost at the same time. The
Fellowship had indeed purged itself of unwanted members within a year or
two of 2003, using its new bylaws. These unwanted members had shown
themselves to be bold liars, slanderers, and demagogues, back stabbers,
and betrayers of trust, disrespectful of everything and everyone
connected with the New Fellowship. And they had run a smear campaign
far and wide to destroy the reputations of Board members.
A
determination had to be made regarding each grievance in the lawsuit.
By 2006, the lawsuit had devolved into a settlement process and each
side was compromised. On the plaintiff side:
plaintiffs were granted the right to apply to the
Fellowship for re-admission as members in 2006; they were granted the right to enjoy the
property of the Fellowship on certain stipulated Sunday afternoons
approximately twice a month until 2007; they were granted the right to have one Board member;
they were allowed to put their old bylaws on the ballot at the annual
meeting of 2006.
On the
Fellowship side: the Fellowship was allowed to bar all
friends of the plaintiffs from membership; it was allowed to bar all friends of the plaintiffs from
enjoying its property;
all of its candidates were allowed to run for Board seats at the annual
meeting of 2006;
its financial records were not judged to be improper, illegal, or even
relevant;
the two Board members living in the basement of Humanist Hall were not
required to be ejected, evicted, or otherwise removed or demoted; and the elections of 2006 were conducted
by the two opposing lawyers so that democracy at the elections was not
in question. The crucial issue, whether the Fellowship could decide its
own membership, was decided in its favor. The church status of the
Fellowship of Humanity was held to be inviolable and irreproachable.
The Fellowship of Humanity triumphed against the vicious lawsuit of 2005.
IMPACT
–
The
lawsuit had a devastating impact on the Fellowship, its Board members,
and its regular members. Although the same Board members continued to
win Board seats in election after election at the Fellowship’s Annual
Meetings, they were nevertheless surrounded by controversy. The smear
campaigns against the Board members by the plaintiffs spread by
conversation, phone, and email to almost every regular member and to
countless strangers in the Berkeley/Oakland vicinity as well. They
created confusion about the nature of the Fellowship, whether it was a
good place or a bad place. It seemed to be doing well and contributing
to the progressive movement at large but the plaintiffs insisted to
everyone they contacted that it contained a dark secret
–
that the Fellowship was run as a dictatorship, oligarchy, serfdom, or
fiefdom and
that people were kicked out willy-nilly.
Board
members were put on the defensive all the time trying to explain to
people who wondered what was going on that they were being persecuted by
plaintiffs who had nothing to lose and everything to gain by suing the
Fellowship. Board members were much demoralized during the whole course
of the lawsuit. They were hard pressed to do all the extra work
involved in the lawsuit, prepare all the documents, go to all the
meetings, and continually explain to people everywhere that the lawsuit
was unwarranted and actually a scam to grab the property of the
Fellowship. The Board labored under heavy controversy and prejudice
through the lawsuit years and many members and outsiders had questions
and doubts that were hard to satisfy. Some Board members dropped off
the Board and some regular members dropped out of the Fellowship on
account of pressures caused by the lawsuit, in particular, the pressure
to be for or against the way the Board was handling the Fellowship and
the lawsuit.
The
lawsuit made it clear who the friends of the Fellowship and its Board
were, who approved the direction that the Fellowship was headed and who
did not. Those who did not joined the plaintiffs’ campaign to smear the
Board and tear down the Fellowship, attacking every institutional
structure that the Fellowship had:
from the right of the Caretaker to act as security guard to the right of
the Fellowship to claim its church entitlements.
The
reputation of Humanist Hall suffered too. Many people who had heard
that the Hall was under siege by a lawsuit stayed away. Many outsiders
had doubts and tentatively asked questions. The rental business that
supports Fellowship activities and the maintenance, repair, and
improvement of Humanist Hall also fell off to some extent. The lawsuit
was a disaster for Humanist Hall and its financial resources, and for
Board members and their morale. Nevertheless, the Fellowship pulled
together, pulled through, and prevailed.
LEADERSHIP
–
While
the lawsuit spread misery on everyone it touched, it was also the source
of vast learning for Board members. At the outset of the lawsuit, Board
members started on a learning curve in legal matters and lawsuits that
is still with them. Today, Board members have lost their naïveté and
are much more knowledgeable about the legal affairs of the Fellowship
and much stronger as human beings under siege. Board members took the
opportunity of the lawsuit to strengthen their defense of the Fellowship
against those who would jeopardize it. Board members today have so much
more confidence in their own leadership of the Fellowship as a viable
church with a future to look out for.
It has
been of the utmost importance to Board members to secure the Fellowship
as a Humanist Church, taken care of and run by Humanists, for
generations into the future. They want to hand the Fellowship down the
generations of Humanists as a Humanist Church and community center for
progressive organizations. The lawsuit threatened to destabilize this
vision since, had the lawsuit been won by the plaintiffs, Humanist Hall
could have easily been sold to developers who are gentrifying the
neighborhood of the Fellowship. However onerous the lawsuit process,
Board members and their lawyer defeated the plaintiffs at every turn
which strengthened Board members’ resolve to take the greatest care in
positioning the Fellowship for its future role. Today the Fellowship
has leaders who are absolutely determined to propel it into the future
it was meant for: a Humanist Church and flagship progressive community of its
own, striving to live the humanitarian ideals it set up for itself, as
well as a progressive community center for Oakland and the East Bay.
The
Fellowship’s very survival as a Humanist Church, and its place in the
City of Oakland as a well-known progressive community center, is a
testament to its leadership among progressive institutions. It has
remained a church, and remained left and progressive, when its resources
were considerably diminished, when its officers where heavily attacked,
when its integrity was threatened on all fronts by slanders. Stronger
within itself, the Fellowship is prepared to become stronger within the
City of Oakland and stronger within the greater progressive movement.
It has taught itself much wisdom in how to handle internal political
affairs. Its leadership is preparing to teach itself how to handle
external political affairs
– the relationship of the Fellowship to the City of Oakland
–
to ensure the long-term survival, the sustainability, of the Fellowship
as a Humanist Church. What the leaders teach themselves they can teach
others as well. The Fellowship today shines as a beacon of integrity in
progressive values to all who come within its range. By virtue of its
leadership, it was saved from the greed, contempt, arrogance,
incompetency, thoughtlessness, carelessness, slanders, and lies of its
opponents and lived to see a new day dawn.