Tahk'sin - A bell rung to give an alarm; the sound made by it; any alarm signal
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Sacramentan Answers $5,000.00 Challenge
FOR IMMEDIATE RELEASE 24 July 1984
SACRAMENTAN ANSWERS $ 5000.00 CHALLENGE
REV. JERRY FALWELL CHALLENGES JERRY SLOAN TO PRODUCE A TAPE OF FALWELL SAYING THE METROPOLITAN COMMUNITY CHURCHES ARE "BRUTE BEASTS . . A VILE AND SATANIC SYSTEM" WHICH WILL "ONE DAY BE UTTERLY ANNIHILATED AND THERE WILL BE A CELEBRATION IN HEAVEN"
Rev. Jerry Falwell issued his $ 5000.00 challenge during KCRA-TV live morning show, "Look Who's Talking" on 13 July 1984. The show is hosted by Jim Finnerty and Sue Pearson.
Jerry Sloan, a local gay activist and former schoolmate of Falwell, asked him why in light of his statement that we should "Love the sinner hate the sin," he had made the statements concerning the Metropolitan Community Churches, a Christian church of which 85% of its communicants are gay or lesbian.
These statements were made on art Old Time Gospel Hour telecast shown on KCSO-TV and KRBK-TV on 11 March 1984. They are also available from the Old Time Gospel hour on their tape # 595.
During the Look Who's Talking show, FaIwell interrupted Sloan several times denying the statements, saying it was, "a lie."
Sloan countered by saying he had the statements on tape.
Falwell continued to deny the statements saying the tapes did not exist. He then challenged Sloan to produce the tape saying he would give Sloan $ 5000.00 if he could.
On Wednesday, 18 July 1984, Sloan took two tapes to KCRA-TV for an interview with Mike Boyd. Rev. Falwell has yet to produce the $ 5000.00.
Sloan says, " Rev Falwell is conducting a hate campaign against the lesbian and gay citizens of this country. His mild statements concerning gay people while he was in California prior to the Democratic Convention are a smoke screen. The statements made by Falwell concerning Metropolitan Community Churches put him in the same class as Minister Farrakhan, Rev. Ian Pasley, Father Coughlin, or any other religious bigot I could name. Because of this hate campaign President Reagan should disavow himself of Jerry Falwell and the Moral Majority."
Jerry Sloan is a former licensed clergyperson with the Metropolitan Community Churches. He is the founder of churches in Des Moines and Wichita. Sloan is a member of the River City Democratic Club and a member of the Lesbian and Gay Freedom Week Committee. This year he has received Community service awards from two different Lesbian/Gay organizations.
Both Falwell and Sloan attended the Baptist Bible College in Springfield, MO., between the years of 1954 and 1956.
Video tapes of Look Who's Talking and audio tapes of the Old Time Gospel Hour are available.
Falwell's Refusal to Pay
Jerry Falwell & THE OLD-TIME GOSPEL HOUR
LYNCHBURG, VIRGINIA 24514
Septembor 24, 1984
Miss Rosemary Metrailer
Attorney at Law
1329 H Street
Sacramento, California 95814
Dear Miss Metrailer:
In response to your letter dated August 28, 1984 to Rev. Jerry Falwell, I make the following reply. Mr. Jerry Sloan is not entitled to the $5,000 to which you make reference in your letter due to the fact he misquoted Rev. Jerry Falwell and at no time has Rev. Jerry FaIwell made the statement attributed to him by Mr. Jerry Sloan on the television program, "Look Who's Talking", KCRA, July 13, 1984.
For your convenience I am enclosing herewith portions of the three transcripts which relate to this matter, namely, the transcript for the audio and the TV program known as the Old Time Gospel Hour Program Number 595 and the transcript of "Look Who's Talking", July 13, 1984, and the transcript of KCRA Evening News, July 18, 1984.
You will note that in the original transcript, namely, Old Time Gospel Hour Program Number 595, Reverend Jerry Falwell was quoting from the Apostle Paul and from the Book of Jude. Reverend Jerry Falwell states that, "those who deny the Fundamentals of Faith, who having a form of Godliness, as Paul described them, but denying the power thereof, form one great world religious system like the Tower of Babel in Genesis 11. It is that great whore that God will destroy, and there'll be a celebration in Heaven over the destruction of this false religious system
Reverend Falwell went on to state that Jude describes these apostates and quoted Jude 4 and 10.
Also you will note that there is a gap in the tape played on KCRA Evening News, July 18, 1984, and this editing was done to Old Time Gospel hour's Tape Number 595.
The International Radio and Television Outreach of Thomas Road Baptist Church
Miss Rosemary Metrailer
September 24, 1984
Our Tape Number 595 contains the identical wording of the original radio and TV program without any editing.
You will note that M~. Sloan on July 13, 1984 did not correctly quote Rev. Jerry Falwell.
The part that was omitted by Mr. Sloan refers to the homosexual system as apostacy, which clearly changes the context as quoted by Mr. Sloan.
You can see from the three transcripts that Rev. Jerry Falwell stated " but thank God this vile and satanic system will one day be utterly annihilated and there'll be a celebration in Heaven", and Mr. Sloan quoted Rev. Falwell as saying, "there would be rejoicing in Heaven when they would be annihilated."
From the letter dated March 13, 1984, signed by Douglas Knight for KRBK TV, Channel 31, you will note that his quote contains the correct quote from Old Time Gospel Hour Program 595.
I would suggest that you question Mr. Sloan and ask him who edited the tape he presented to KCRA Evening News on July 18, 1984.
Should you have any further questions, please feel free to call me.
S/CHARLES G. LOWRY
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A Bad Day for Jerry Falwell
The Rev. Jerry Falwell, right, speaks to reporters on arrival at Metro airport before a speech Friday at the convention center. At left Is Jerry Sloan, who says Falwell owes him $5,000 over comments the Moral Majority leader allegedly made.
A bad day for Jerry Falwell
He meets hecklers and a lawsuit during visit to Sacramento
By JIM SANDERS
SACRAMENTO UNION STAFF WRITER
The plan was for Rev. Jerry Falwell to sweep into Sacramento, speak to supporters, pitch for money and depart via private jet.
But the smooth 90-minute schedule quickly went awry Friday.
Before Falwell left, the back-to-basics Bible preacher had been served with a subpoena, his jet had fallen behind schedule and his assistant had a bloody lip from a heckler's punch.
"I hope you'll forgive me for not staying an extra hour or two for fellowship," Falwell told an invitation-only crowd of 500 supporters in the Sacramento Community Center.
The smooth-talking leader of the fundamentalist Moral Majority asked for the mostly white and middle-aged crowd's prayers, then explained that he had to leave quickly for an appearance in San Jose.
"My wife says, 'Honey, that's your middle name - Run," he quipped.
While an assistant led the crowd in a final prayer, Falwell walked off the podium and through an open door.
His message during an hour-long speech was that Americans are turning toward God and country, toward marriage, toward religious education.
"The country has made a turn to the right, there's no question about it. God is at work. Marriage is back, in. The moral consciousness of the nation is rising. Lifestyles are affected," Falwell said.
please see page A2, col. 1
Trouble meets Jerry Falwell during his visit to Sacramento·
President Reagan and conservative judges were praised. Abortion was criticized. Homosexuality was ridiculed.
Pledges were sought for Liberty Baptist College, a fundamentalist Christian college spearheaded by Falwell in Virginia.
Anyone pledging $1,000 was given a 14-karat gold ring, anyone pledging $200 received a two-volume set of the Family Christian Library.
But Falwell encouraged donations of any amount.
Falwell's smorgasbord of religious projects cost more than $82 million last year, he said.
"Anything you tithe should be over and above what you offer to your own church. We're not here to hurt the local church. We're not here to mistreat God4s people or God's church," he said.
The Moral Majority has more than 7 million members and its media ministry is carried on more than 10,000 television stations and 500 radio stations.
"God has blessed us," Falwell said simply.
He drew the loudest applause when he talked about banning abortion.
"My concept Is that one day, over the next four or five years you're going to pick up your paper and it's going to say, 'Abortion outlawed,' " Falwell said.
A heckler, Sandy McGaffic , 22, stood up in the convention center as Falwell talked about the evils of abortion.
"Excuse me," she yelled.
"Excuse me, but this is my show," Falwell shot back. "You can have the next one."
McGafflc yelled again and a Falwell staff member ran down the hall, grabbed her by the shoulder and dragged her from the room kicking and screaming.
In the hallway, McGaffic hit the Falwell assistant in the mouth, bloodying his lip.
"I was surprised at how I was treated," McGaffic told reporters later. "They consider people like me a conspiracy. We're humanists and feminists ... I wanted to heckle him. I wanted to ask him about birth control."
MeGaffic said she wasn't invited to the convention center, but came expecting to participate in an anti-FaIwell demonstration that never materialized.
"I'm sorry that happened but it can't be helped," Falwell said as McGaffic was dragged away.
"We have a lot of opposition. Everywhere we go there's always someone who's angry about
decency, angry about morality. Either you throw in the towel and give up or you roll up your sleeves and go
Falwell said he sees trouble-makers in his crowds and that he's not afraid of them, adding, "Most of them I could whip anyhow."
As soon as Falwell's private jet landed in Sacramento, he was served with a subpoena by Jerry Sloan, former pastor of Metropolitan Community Church whose membership primarily is gay and lesbian.
Sloan charged that Falwell owes him $5,000.
Falwell offered $5,000 for proof that he called the gay church a "vile and satanic system" that will "one day be utterly annihilated," Sloan said.
The lawsuit charges that Sloan sent tape recordings to prove his case, but that Falwell reneged on the $5,000 payment.
"The tapes were edited," Falwell said Friday about the controversy. "It was a phony situation."
Falwell allegedly made derogatory comments about the Metropolitan Community Church in a March 1984 Old Time Gospel Hour broadcast aired on two Sacramento television
Scanned from an original article that appeared in the Sacramento Union on Dec. 1, 1984
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Monetary Judgement Against Falwell
C 29 (6/79)
MUNICIPAL COURT, SACRAMENTO MUNICIPAL COURT DISTRICT.
COUNTY OF SACRAMENTO, STATE OF CALIFORNIA
Courthouse, 720 9th Street, Sacramento, California 95814
Plaintiff(s)CASE NO. 90869
JERRY FALWELL IND AND DBA JERRY
FALWELL AND THE OLD-TIME GOSPEL
NOTICE OF RULING AND OPINION BY COURT AFTER TRIAL.
HEARING ON COURT TRIAL SEPTEMBER 13, 1985, CAUSE HAVING BEEN CALLED 1:30 P.M. BEFORE THE HONORABLE MICHAEL S. ULLMAN, JUDGE PRESIDING.
ATTORNEY ROSEMARY METRAILER PRESENT WITH AND REPRESENTING THE PLAINTIFF.
ATTORNEY WELDON R. REEVES PRESENT WITHOUT AND REPRESENTING THE DEFENDANTS.
EVIDENCE HAVING BEEN PRESENTED TO THE COURT BY EACH SIDE AND THE MATTER
AND HAVING BEEN TAKEN UNDER SUBMISSION, THE COURT RULES AS FOLLOWS:
JUDGMENT FOR THE PLAINTIFF JERRY SLOAN AND AGAINST THE DEFENDANTS, JERRY FALWELL IND. AND DBA JERRY FALWELL AND THE OLD-TIME GOSPEL HOUR FOR THE SUM $5,000.00 PRINCIPAL; TOGETHER WITH INTEREST AT 7% FROM JULY 18, 1984; PLUS COSTS PURSUANT TO A COST BILL.
(SEE ATTACHED OPINION BY COURT)
CERTIFICATE OF MAILING
I certify that
I am the Clerk (if the Municipal Court, Sacramento Municipal Court District, and not a party to the above entitled action. I served the foregoing notice by depositing true and correct copies thereof in the United States mail in Sacramento, California, in a sealed envelope, with postage fully prepaid, on SEPTEMBER 24, 1985 addressed as follows:
ROSEMARY METRAILER WELDON RAY REEVES
METRAILER and LANGENKAMPAttorney at Law
Attorneys at Law1012 Nineteenth Street
1329 H STREETSacramento, CA 95814
SACRAMENTO, CA 95814
Executed on SEPTEMBER 24, 1985 at Sacramento, California
MICHAEL KRELL, ADMINISTRATOR
BY N. MADALONI , Deputy
NOTICE IN THE MUNICIPAL, COURT OF THE STATE OF CALIFORNIACOUNTY OF SACRAMENTO
SACRAMENTO MUNICIPAL COURT DISTRICT
JERRY FALWELL, Individually, and doing business as
JERRY FALWELL & THE OLD TIME GOSPEL HOUR,
OPINION BY COURT AFTER TRIAL
On July 13, 1984, the defendant, Jerry Falwell, offered $ 5,000 to the plaintiff, Jerry Sloan, if he could produce an audio tape in which Jerry Falwell allegedly made certain statements.
This offer was made on television during KCRA T.V.'s "LOOK WHO'S TALKING" program.
On July 18, 1984, Jerry Sloan produced a tape of a television broadcast of the Old Time Gospel Hour (number 595).
The issue involved in this case is whether or not the production of the tape of the Old Time Gospel Hour constituted performance of the act requested in the original offer.
Neither party disputes that an offer of $5,000 was made for a tape containing certain statements. The issue is whether or not there was an acceptance.
On "LOOK Who's TALKING," Jerry Falwell offered $5,000 for a tape that contained the words as indicated by Jerry Sloan (see appendix A for the entire dialogue) . First, Jerry Sloan said the statement on the tape concerned the Metropolitan Community Church in which "you (referring to Jerry Falwell) said that they were
brute beasts, part of a vile and satanic system.'" Additionally, Jerry Sloan indicated that on the tape, "you also said that there would be rejoicing in heaven when they would be annihilated."THE SERMON
In examining the videotape of the Old Time Gospel Hour (number 595), we find that generally the substance of the allegations were made, although not necessarily with the exact words. Reverend Falwell was delivering a sermon about the second coming of Christ. In referring to Revelation, Chapter 19, he indicated:
"We see a celebration; a celebration that occurs in heaven and then a second celebration, which is really a confrontation which occurs here on the earth. And this celebration is for two things.
. . . First of all, we'll be Praising God because of God's wrath poured out upon what the Scripture calls the cruel, the great whore upon the earth . . ' This cruel whore spoken of here is the false, religious system which is destroyed near the end of the tribulation, the great one world church. One world government; one world church."
In defining the "great whore" even further, Reverend Falwell stated:
"It has to do with all those of who deny the inerrancy scripture, the deity of Jesus Christ, ... his eminent return, those who deny the fundamentals of the faith, who having a form of Godliness (as Paul described them) , but denying the power thereof, formed one great world religious system . . . It is that great whore that God will destroy and there will be a celebration in heaven over the destruction of this false religious system."
The Reverend Falwell then referred to Jude for a description of "these apostates." He quoted:
"For there are certain men crept in unawares who were before valor day into one to this condemnation, ungodly men turning the grace of our God into lasciviousness and denying the only Lord God, denying his deity, the Lord Jesus and our Lord Jesus Christ. These speak evil of those things which they know not, but what they know naturally as brute beasts in those things they corrupt themselves."
At this time, Reverend Falwell appeared to digress from his notes and volunteered the following words, which are the basis for this lawsuit:
"Look at the Metropolitan Community Church today, the gay church. Almost accepted into the World Council of Churches recently, the National Council of Churches, almost, the vote was against them, but they will try again and again until they get in, and the tragedy is that they would yet one vote Because they are spoken of here in Jude as being 'brute beasts' that is going to the baser lusts of the flesh to live immorally and so Jude describes this as apostasy. Thank God this vile and satanic system will one day be utter]y annihilated and there will be a celebration in heaven."
Thereafter, Reverend Falwell continued his sermon concerning the second coming, and the tribulation.
THE CONTRACT: FORM VERSUS SUBSTANCE
On "LOOK WHO'S TALKING, the plaintiff, Jerry Sloan clearly indicated that Jerry Falwell made three statements about the Metropolitan Community Church and that he, Jerry Sloan, had a tape of these statements. The defendant, Jerry Falwell, vehemently denied he made those statements, offering $560D0 for such a tape.
The three statements are:
1. they were brute beasts;
2. they were part of a vile and satanic system; and
3. that there would be rejoicing in heaven when they would be annihilated.
First, the tape of the Old Time Gospel Hour clearly referred to the Metropolitan Community Church as "brute beasts." Reverend Falwell indicated that "they" (the Metropolitan Community Church) are spoken of here in Jude as being brute beasts.
Secondly, Reverend Falwell referred to the Metropolitan Community Church as part of a vile and satanic system when he followed the "brute beasts" reference with "Thank God this vile and satanic system ..."
Thirdly, the substance of the "rejoicing in heaven" statement was made when Reverend Falwell finished with "Thank God this vile and satanic system will one day be utterly annihilated and there will be a celebration in heaven.
The defendant argues that the offer was for a tape with the exact words whereas the tape contains other words with arguably the same meaning. For example, Jerry Sloan said there would be "rejoicing" in heaven where Jerry Falwell said there would be a "celebration" in heaven.
The question does arise as to whether or not there was certainty or ambiguity in the offer made on television. Was the $ 5,000 offered for the exact words as indicated by Jerry Sloan, or was it for the substance of the words?
In resolving this question, we need only to look at the statements of Jerry Falwell when confronted by Jerry Sloan:
SLOAN: ... You made a statement concerning Metropolitan Community Church in which you said they were brute beasts, part of a vile and satanic system ...
FALWELL: I never said that! It's an absolute lie!
SLOAN: Well, you certainly did! I've got a tape of it.
FALWELL: Well, I'd like to hear the tape. Play it right now and I'll acknowledge it.
SLOAN: I don't have it in my possession right now -
FALWELL: Of course you don't have it because it doesn't exist!
SLOAN: Well, it certainly does!
FALWELL: It does not exist!
SLOAN: It certainly does!
SLOAN: But, anyway, you said, you also said, that there would be rejoicing in heaven when they would be annihilated.
FALWELL: That's an absolute lie, Jerry! And I'll threaten you, I give you $5,000, I'm saying this on television, I you can produce that tape!
Jerry Falwell was clearly disputing that the substance of the allegations existed in tape. "I never said that 'it's an absolute lie!'" Again, "That's an absolute lie!" These are not words that appear to quibble about whether exact words were uttered as opposed to the substance of the words, We can be assured that Jerry Sloan as well as all persons watching the program interpret the offer for $ 5,000 for a tape which has the substance of the allegations as indicated by Jerry Sloan.
Additionally Jerry Sloan's assertions were clearly not words of quotations. He said, (referring to Jerry Falwell) "You also said, that there would be rejoicing in heaven when they would be annihilated." The phrase in itself suggests paraphrasing. The offer to pay $5,000 for the words certainly be construed to cover the substance over the form.
There is one potential ambiguity in the words of Reverend Falwell in the Gospel Hour sermon; however, it is without distinction here. "Thank God this vile and satanic system will one day be utterly annihilated and there will be a celebration in heaven" could be interpreted to refer to the "false religious system" that Reverend Falwell spoke of before the digression into the Metropolitan Community Church. In any event, it is clear that the Metropolitan Community Church was singled out as a prime example of this "false religious system" and the annihilation reference is clearly applicable to this church.
In summary, the defendant offered $5,000 to the plaintiff if he could produce a tape; the plaintiff tendered the tape almost immediately, binding the plaintiff to his unilateral contract.
Judgment for the plaintiff against all defendants for $ 5,000 plus interest at 7% from July 18, 1984, plus costs.
Counsel for the plaintiff to prepare the order and notice of entry of judgment.
DATED: September 24, 1985
/s/MICHAEL S. Ullman
Judge of the Municipal Court
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Falwell must pay for 'frivolity'
Falwell must pay for 'frivolity'
The Rev. Jerry Falwell was ordered Monday to pay $2,875 In sanctions and attorney's fees for filing a "wholly frivolous" appeal in which his attorney argued an earlier judgment against Falwell was decided by a prejudiced Jewish judge.
An appellate panel of three Sacramento Superior Court judges upheld Sacramento Municipal Court Judge Michael S. UlIman's September ruling that ordered Falwell to pay $5,000 to Jerry Sloan, a gay activist and Baptist minister. Monday's ruling also reprimanded Falwell's attorney, Weldon Ray Reeves, for filing an appeal that was "wholly frivolous and totally without merit."
At issue in the original suit filed against Falwell by Sloan, was whether or not Falwell ever said that he thought the predominantly gay Metropolitan Community churches should be annihilated.
Falwell, the leader of the new Liberty Federation and a television evangelist for the Old-Time Gospel Hour challenged Sloan on a local television talk show to. produce a videotape of him making the comment. If Sloan found such a tape, Falwell said he would pay him $5,000.
Sloan produced such a tape, and UlIman ruled in Sloan's favor.
However, on Friday, Reeves argued that Sloan's attorney, Rosemary Metrailer, was guilty of misconduct because she had appealed to the judge's "natural prejudice" when she said the FaIwell/Sloan verbal contract was no different than a contract recently decided In Los Angeles Superior Court between an Auschwltz survivor and the Institute for Historical Review.
Metrailer told UlIman that the institute had been ordered to pay the survivor $50,000 because It had promised to pay that sum to anyone who could prove Nazis had gassed Jews in their concentration camps.
Although UlIman ruled against allowing the comment into the court record, Reeves argued the statement could have helped to prejudice the judge In his ruling.
But the three Superior Court judges - James T. Ford, James I. Morris and Steven H. Rodda - said the court record shows no evidence of prejudice against the defendants.
Metrailer said Monday that she thought Falwell's appeal was intended simply to garner free publicity, prolong the case and Incur more costs for Sloan.
- TRINDA PASQUET
Scanned from The Sacramento Union --June 24, 1986
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Transcript From Look Who's Talking Broadcast KCRA TV
THE FOLLOWING IS A TRANSCRIPT FROM LOOK WHO'S TALKING BROADCAST ON KCRA-TV, SACRAMENTO, CA., ON 13 JULY 1984. THE CONVERSATION IS BETWEEN REV. JERRY FALWELL AND JERRY SLOAN. LOOK WHO'S TALKING HOSTS ARE JIM FINNERTY AND SUE PEARSON.
Let me ask you now because you have been vocal on your stand on homosexuality, as has the Moral Majority, how do you react to that the gays say that you would just as well see them off the race of the earth?
FAL: Well. they're wrong, of course, not all say that. But we, we do believe homosexuality is a immorality as we do promiscuous heterosexuality But that is not our main message and that is not why we went to San Francisco. We went there because the Democrats had chosen it as the site for the convention
Hi, Jerry it is good to see you.
Another Jerry, I notice.
Jerry Sloan from Baptist Bible College.
I remember you well.
We went to school together, Jerry and I did. I am a gay man. And recently on a broadcast
of yours, telecast of yours.
Your hair's turned loose and mine's turned gray.
Right, gray and loose, Ah, recently on a broad cast you made a statement about
Metropolitan Community Churches, I mean, you say you ah, hate the, love the homosexual,
but hate the sin. You made a statement concerning Metropolitan Community Church in
which you said they were brute beasts, part of a vile and satanic system -- .
I never said that! It's an absolute lie!
Well, you certainly did! I've got a tape of it.
Well, I'd like to hear the tape. Play it right now and I'll acknowledge it.
I don't have it in my possession right now --
Of course you don't have it because it doesn't exist!
Well, it certainly does!
It does not exist!
It certainly does!
May I tell you that while I believe --
Let me clear up, Metropolitan Community Church is what for those who don't know?
It's a gay church.
It's a Christian church that accepts every person into their membership.
Do you have any non-gays in the church?
Sure, sure they do.
But, anyway, you said, you also said, that, there would rejoicing in heaven when they would
That's an absolute lie!, Jerry. And I'll threaten you, I give you $ 5000.00, I'm saying this on
television, if you can produce that tape!
What is your position? What have you said about this particular church?
I have said, the Metropolitan Community Church has to deny the inerrancy of the Scripture and the Deity of Christ. and the teachings of the Word of God in order to call itself a church because the Word of God - Romans one, ah very clear, Jerry knows that, he learned it where I did - ah, the all the Word of God teaches that the homosexual relationship is a perverted life style. The words reprobate, abomination, etc., are all used and there's no
question about it when one practices that lifestyle, which only humans do, animals don't, it is not, ah, God cannot condone that. While God loves the offender, God hates the offense.
REVEREND JERRY FALWELL'S COMPLETE COMMENTS CONCERNING THE METROPOLITAN COMMUNITY CHURCHES MADE ON THE MARCH 11, 1984 OLD TIME GOSPEL HOUR TELECAST:
"LOOK AT THE METROPOLITAN COMMUNITY CHURCH TODAY, THE GAY CHURCH, ALMOST ACCEPTED INTO THE WORLD COUNCIL OF CHURCHES RECENTLY, THE NATIONAL COUNCIL OF CHURCHES ALMOST, THE VOTE WAS AGAINST THEM, BUT THEY WILL TRY AGAIN AND AGAIN UNTIL THEY GET IN AND THE TRAGEDY IS THAT THEY WOULD GET ONE VOTE BECAUSE THEY ARE SPOKEN OF HERE IN JUDE AS BEING BRUTE BEASTS, THAT IS, GOING TO THE BASER LUST OF THE FLESH TO LIVE IMMORALITY. AND SO, JUDE DESCRIBES THIS AS APOSTASY. THANK GOD, THIS VILE AND SATANIC SYSTEM WILL ONE DAY BE UTTERLY ANNIHILATED AND THERE WILL BE A CELEBRATION IN HEAVEN!"
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Appeal from Municipal Court - Ruling on Appeal
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
DATE & TIME : JUNE 23, 1986 DEPT. No.:23
JUDGE : JAMES T. FORD, PRESIDING CLERK : B. WILSON COX
REPORTER : JAMES I. MORRIS BAILIFF :
STEVEN H. RODDA
JERRY SLOAN ROSEMARY METRAILER
JERRY FALWELL, et al WELDON REEVES
NATURE OF PROCEEDINGS: APPEAL FROM MUNICIPAL COURT
RULING ON APPEAL
The above entitled matter came on for oral argument on June 20, 1986 The above named counsel were present, the matter was argued, and taken under submission by the Appellate Panel. The Court now rules as follows:
The judgment of the Municipal Court is affirmed. There was clearly substantial evidence before the Court to find that plaintiff accepted defendant Falwell's offer, which acceptance constituted performance of a unilateral contract breached by defendants
Plaintiff's motion for imposition of sanctions for frivolous appeal, duly notice for hearing on June 20, 1986, is granted. This Court finds this appeal wholly frivolous and totally without merit. Code of Civil Procedure section 907; California Rules of Court, Rule 135(a) In Re Marriage of Flaherty (1982) 31 Cal. 3d, 637.
The Claim of Attorney misconduct relating to the reference to the holocaust case to which objection was made and sustained, could not, in light of the record, effect any prejudice upon defendants. No claim of such misconduct was made at trial, and accordingly was waived.
continued on page 2 . . . . .
DECLARATION OF MAILING
I, the undersigned, declare under penalty of perjury: I am over the age of 18 years, not a party to the cause, employed in the County of Sacramento, and my business address is 720 - 9th Street, Sacramento, California, 95814. I placed a true copy of the within document in an envelope(s), sealed it, and with postage thereon fully prepaid, deposited it in the mail at:
Sacramento, California, On JUNE 23. 1986 . Said envelope(s) was addressed, as follows:
Hand delivered to CHERI WALKER on behalf of Ms. Metrailer
PAGE: 102 ___________________________________
DATE: 6-23-86 Deputy Clerk
CASE NO: 38029
CASE TITLE: SLOAN V FALWELL JOYCE RUSSELL SMITH, COUNTY CLERK-RECORDER
DISTITRIB: Municipal Court Administration
ADF 1 (Rev. 10/25/85)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SACRAMENTO
Date: June 23, 1985 ______ , 19 ____ e COURT MET AT________________ DEPT. 23
TITLE. SLOAN V FALWELL____________________________________________________
NATURE OF PROCEEDINGS: RULING ON APPELLATE MATTER_______________________
CONTINUATION PAGE 2 OF 2
The claim of misconduct relating to the request for judicial notice during closing argument, as to which a motion to strike was made and immediately granted, does not present a basis for appellate determination of prejudicial effect upon the judgment.
The claimed want of evidence as to the intention of the parties regarding an oral contract, where the totality of the parties utterances was before the Court by stipulation, is frivolous as a matter of law.
Defendants are ordered to pay plaintiff the sum of $2,875.00 as and for sanctions/ attorney fees.
JOYCE RUSSELL SMITH, CLERK
BOOK 23-A MINUTE PAGE 102A
CC1b ACTION NO. 338029
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The Check is Signed
Endorsement of this check acknowledges full satisfaction of that judgment entered herein in Case Municipal Court No. 90869 and Superior Court No. 338029, Jerry Sloan V. Jerry Falwell, individually and doing business as The Old-Time Gospel Hour. Further, by endorsing this check, Plaintiff, Jerry Sloan, agrees and covenants that he will not call a press conference and gloat over the fact that he prevailed as a Plaintiff in the above entitled case.
Because this case had consumed so much time and although Jerry Falwell had no choice or right to make such a demand I told my lawyer to go ahead and let him put anything he wanted to on the back of the check, I told her even if I were bound by it, "My Mother will call a press conference and say, Hey, look what my kid did!"
The press was very accommodating by noting when they interviewed me, "We called him, he did not call us."