Excerpt

  • strict warning: Declaration of CRM_Core_DAO::factory() should be compatible with DB_DataObject::factory($table = '') in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/DAO.php on line 45.
  • strict warning: Non-static method PEAR_ErrorStack::singleton() should not be called statically in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/PEAR/ErrorStack.php on line 983.
  • strict warning: Declaration of CRM_Core_Error::singleton() should be compatible with & PEAR_ErrorStack::singleton($package, $msgCallback = false, $contextCallback = false, $throwPEAR_Error = false, $stackClass = 'PEAR_Error...') in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Error.php on line 45.
  • strict warning: Non-static method PEAR_ErrorStack::singleton() should not be called statically in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Error.php on line 496.
  • : Non-static method CRM_Utils_File::createDir() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 233.
  • : Non-static method CRM_Core_DAO::init() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 304.
  • : Non-static method PEAR::getStaticProperty() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/DAO.php on line 96.
  • : Non-static method DB_DataObject::debugLevel() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/DAO.php on line 99.
  • : Non-static method DB_DataObject::_loadConfig() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 4068.
  • : Non-static method PEAR::getStaticProperty() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 4148.
  • : Non-static method CRM_Core_DAO::setFactory() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 308.
  • : Non-static method Log::singleton() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 289.
  • : Non-static method Log::factory() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/Log.php on line 220.
  • : Non-static method Log::_classExists() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/Log.php on line 162.
  • : Non-static method Log::_classExists() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/Log.php on line 167.
  • strict warning: Non-static method PEAR::setErrorHandling() should not be called statically in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Error.php on line 475.
  • : Non-static method PEAR::getStaticProperty() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 2256.
  • : Non-static method DB::connect() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 2261.
  • : Non-static method DB::parseDSN() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB.php on line 520.
  • : Non-static method DB::isError() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB.php on line 557.
  • : Non-static method PEAR::isError() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 2152.
  • : Non-static method DB::isManip() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/common.php on line 2195.
  • : Non-static method PEAR::isError() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 2283.
  • : Non-static method PEAR::isError() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 2152.
  • : Non-static method PEAR::isError() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/DataObject.php on line 2152.
  • : Non-static method DB::isManip() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/common.php on line 2195.
  • : Non-static method DB::isError() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/packages/DB/common.php on line 1217.
  • : Non-static method CRM_Utils_File::createDir() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 372.
  • : Non-static method CRM_Utils_File::createDir() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 372.
  • : Non-static method CRM_Utils_File::createDir() should not be called statically, assuming $this from incompatible context in /home/hesco/apps/CampaignHostingPlusMultiLingual/sites/all/modules/civicrm/CRM/Core/Config.php on line 376.

III. ARGUMENT

A. THE COURTS BELOW HAVE HANDED PETITIONERS A “DOUBLE STANDARD” OF JURISPRUDENCE IN DISMISSING THEIR CLAIMS WITH PREJUDICE ON THE DEFENSE OF STATUTE OF LIMITATIONS. . .

. . . The victims of past atrocities such as the holocaust did not have to live under government sanctioned policies such as the “separate but equal” doctrine for decades after WWII. Even this honorable court, nearly fifty years after the abolition of slavery, approved disparate racial treatment and sanctioned the state’s police power to prevent racial strife. Plessy v. Ferguson, 163 U.S. 537, 552 (1896). And this remained the constitutional law of this country for another fifty years until the 1950s when our society began its movement to accountability for wrongdoings committed over a century before. Nor can be said that the strife is anywhere concluded. Virtually every state in this union has in recent years enacted “hate crime” legislation aimed at redressing the very seeds of racism that were planted hundreds of years ago with the advent of slavery. How then can we sanctimoniously suggest that the current victims of slavery should have just “come to the North” to file their lawsuits in the 1850s since venue was proper in the North over many of the named defendants?

It was not until 1968 that this honorable Court recognized that Section 1982 of the Civil Rights Act applied against private acts of racial discrimination. Jones v. Mayer Co, 392 U.S. 409 (1968). Conspiracy among private individuals to discriminate on the basis of race was not recognized as actionable under Section 1985 until 1971. Griffin v. Breckenridge, 403 U.S. 88 (1971). While society has, since the Brown decision in 1955, begun its slow progress on its quest for equality, these named corporate defendants have never been held accountable for the wrongs that they have committed against the African Americans who were enslaved or to the children, grandchildren, great grandchildren and even great great grandchildren of those slaves who continue today to suffer from that slavery.

The “badges and incidents of slavery” may be clearly recognized by the human soul, but it has taken our system of jurisprudence over one and a half centuries to respond to the right of the victims of this horrible institution of slavery to seek legal redress against the private individuals and corporations who only recently have made limited admissions of wrongdoings. While there may be many explanations for the incredibly slow process that our system of jurisprudence has taken, it surely cannot be denied that the most plausible explanation is that the victims themselves have been severely incapacitated in their ability to bring this action both because of the long standing racism that followed the abolition of slavery as well as the affirmative acts of deception by the named respondents themselves. To summarily dismiss this case with prejudice on the premise that the original emancipated slaves should have been diligent in the protection of their legal rights is a “double standard” of jurisprudence and justice to which this honorable Court should not ascribe.