The State - News from April 19, 1985

A federal judge set a hearing to determine whether constitutional issues are involved in a Veterans of Foreign Wars decision to expel a rebel post in Santa Cruz opposed to U.S. military policy in Latin America. U.S. District Judge Marilyn Hall Patel in San Francisco scheduled the session for Tuesday, after the national VFW asked that the case be moved to federal court from Santa Cruz Superior Court. “This whole thing was a charade and stalling tactic by the national VFW,” said Eric Schenk, attorney for rebel Post 5888. “They’re trying to put us off as long as possible. It’s also a bleeding tactic to make it more expensive for us.” At the VFW’s Kansas City, Mo., headquarters, Assistant Adjutant Gen. Ed Burnham said the group wanted the case moved to federal court, in part, because the VFW is a congressionally chartered organization. “It’s a simple case,” he said. “The post violated the bylaws, and its charter was revoked. The post does not exist.”