A Very Painful Dilemma: Shall The Whole USA TEAM Be Disqualified From The 2005 Deaflympics? or The Crushing Of The CISS System

From: Sportlawsuit.com - Dec 12, 2004

A VERY PAINFUL DILEMMA: SHALL THE WHOLE USA TEAM BE DISQUALIFIED FROM THE 2005 DEAFLYMPICS? or THE CRUSHING OF THE CISS SYSTEM

Summaries:

USA – NO SHOW AT 2003 DEAF WORLD TEAM TENNIS CHAMPIONSHIPS

USADSF DID NOT PAY $10,000 PENALTY FEE FOR WITHDRAWING OF ITS 2 TEAMS FROM DEAF WORLD TEAM TENNIS CHAMPIONSHIPS

HARSH TREATMENT FOR ITALIAN TENNIS PLAYERS IN 2003

USADSF NOMINATION OF AMMONS AS 2005 CISS PRESIDENT-CANDIDATE IS NULL AND VOID

USA WON 70 MEDALS AT 2001 DEAFLYMPICS IN VIOLATIONS OF CISS CONSTITUTION RULES 7.1.2, 7.1.3, 8.1.1, 8.1.1.1, 8.1.1.2, 8.2 AND DEAFLYMPIC GAMES REGULATIONS RULE 9.G

USA WON 15 MEDALS AT 2003 WINTER DEAFLYMPICS IN VIOLATIONS OF CISS CONSTITUTION RULES 7.1.2, 7.1.3, 8.1.1, 8.1.1.1, 8.1.1.2, 8.2 AND DEAFLYMPIC GAMES REGULATIONS RULES 7.E AND 9.G

GERMANY ( $5,000 ) AND IRELAND ( $10,000 ) PAID PENALTY FINES FOR WITHDRAWING OF THEIR 2005 DEAFLYMPICS TEAMS IN TIMELY MANNER

WHAT SHALL BE DONE NOW?

LIKELY SCENARIOS AT 2005 CISS CONGRESS AND DEAFLYMPICS

Lawlessness, disorder and mismanagement are still continuing in the administration of the CISS/Deaflympics these days.

Consider the now-revealed and following facts related to what actually happened in regard to the Deaf World Championships (also known as Dresse and Maere Cups ) in Team Tennis which were held in the city of Poertschach, Austria, June 27-July 3, 2003:

* USA registered both of its strong teams – men's and women's – for the competitions. The CISS Final Registration Form Deadline was December 31, 2003 ( sources: the 38th CISS Congress in Sundsvall, Sweden, and the Austrian Deaf Sports Association – the event organizer );

* Then, USA, all of a sudden, decided to withdraw both of the two teams from these competitions due to the lack of finances.

* Other strong teams from Italy – both men's and women's – also registered for these championships. The Italians arrived to the competition site in a timely manner. Then, all of a sudden, Donalda Ammons, the unconstitutionally-elected CISS Secretary General, ordered all Italian delegation members to be sent back home, that is, they did not play a single match at these championships. The reason for this Italian teams' expulsion was that the Italians violated certain rules in the CISS legal system (sources: the FISS and the Austrian Deaf Sport Association ).

Thus, no question, the Italians, by receiving the harsh treatment from Ammons, suffered a great deal – spiritually, emotionally, morally and economically, on the one side.

Now, on the other side, you will see and realize as to what kind of preferential treatment Ammons provided to her own USA's affiliate member in the CISS – the United States Deaf Sports Federation ( "USADSF"), which failed to send its 2 teams to Poertschach in 2003.

It will also eloquently demonstrate my long-standing position and arguments that Ammons is still the inadequately-competent international sports administrator and that she continues to maintain her biased and pro-USA views in the CISS.

Review Rule 8.C of the Deaf World Championships Regulations:

"A fine shall be levied for the withdrawal of a team from the final round."

According to reliable sources, to this minute USADSF has not paid to the CISS Treasury its $10,000.00 penalty fine plus interest for withdrawing of its two teams from the 2003 Deaf World Championships in Team Tennis ( that is, $5,000.00 for each team ). Thus, the Ammons-led CISS administration has done nothing to oblige USADSF to strictly observe ( and to enforce ) yet this Rule 8.C at all.

What does this non-payment by USADSF mean and how does one interpret this occurrence from the legal point of view?

Well, by not adhering to the Rule 8.C, USADSF has been creating a multitude of problems for itself as well as for Ammons personally because she has been USADSF's own nominee to the CISS EC since 1995.

Namely,

a) USADSF should still be viewed as a suspended member of the CISS pursuant to the Rules 7.1.2, 7.1.3, 8.1.1, 8.1.1.1, 8.1.1.l.2, 8.2 of the CISS Constitution and Rule 9.G of the Deaflympic Games Regulations;

b) Because she was nominated to the CISS EC by her own USADSF, Ammons should still be viewed as a suspended CISS Secretary General and Interim President, according to the CISS Constitution Rule 8.2;

c) Because Ammons and Jerald Jordan are members of USADSF, they both should still be viewed as suspended members of the current CISS Legal Commission. This is in observance and compliance of the CISS Constitution Rule 8.2;

d) Because by September 15, 2004 ( the deadline date for nomination and proposal submissions for the 39th CISS Congress) USADSF was not in full compliance of the CISS Constitution Rule 8.2, USADSF's nomination of Ammons as the candidate for the position of the CISS President for the new 2005-2009 year term should be viewed as null and void;

e) USADSF's two proposals to the 39th CISS Congress - labeled as Proposals Number 70 and 74 – should be viewed as a moot. Again, this is the basis of the CISS Constitution Rule 8.2

f) Because by December 1, 2004 ( the deadline date for Final Entry Registrations for participating teams at next month's Deaflympic Summer Games in Melbourne ) USADSF was not in complete compliance of the Rule 8.2 of the CISS Constitution and Rule 9.G of the Deaflympic Games Regulations, the entire USA team and its athletes registered for the 2005 Deaflympic Summer Games competitions should now be disqualified;

g) As a Nation-Member under suspension and in breach of the CISS Constitution Rule 8.2, USADSF's two delegates – Bobbie Beth Scoggins and Jack Lamberton -should now be banned from attending the coming 39th CISS Congress;

h) As a suspended CISS EC member, Ammons, again because of her USADSF's failure to follow the CISS Constitution Rule 8.2 in full, should not have any official role at the 39th CISS Congress and 20th Deaflympic Summer Games activities.

ADDITIONAL ARGUMENTS AND DISCUSSION

After reading this material, assuming that USADSF agrees to BELATEDLY pay off certain penalties and interest ( including its 2000 annual membership dues non-payment and CISS Constitution-Rule 7.1.2-required 10% interest penalty fee due to the CISS since April 1, 2000 and to now ) on or before the start of the 39th CISS Congress, USADSF should still be banned from attending the 2005 CISS Congress and Deaflympic Summer Games from certain legal points of view!

Because of the above-described violations by USADSF, will the famous CISS Motto – "Equal Through Sports" or "Per Ludos Aequalitias" - be ever justly honored and upheld by USADSF, CISS and Ammons?

Regretfully and sadly, this is not the first time that USADSF has been at odds and in total defiance of the CISS legal system.

Twice in 2001 and 2003, by not strictly respecting and wholly ignoring the CISS Constitution rules 7.1.2, 7.1.3, 8.1.1, 8.1.1.1, 8.1.1.2, 8.2 and Deaflympic Games Regulations Rules 7.E and 9.G, USA managed to ILLEGITIMATELY collect 70 and 15 medals at the most recent Deaflympic Games – Summer and Winter, respectively.

Even though USADSF's continued defiance to responsibly observe the certain rules in the CISS system is a very unfortunate and quite embarrassing incident in the 80 year-old CISS history, any deaf law-abiding and ordinary citizen in the world would maintain his/her strong and innate beliefs that laws and rules of the CISS as an independent and self-regulated international sports organization must be honorably followed and implemented. This must be done in the interests of justice, fairness and equal treatment among all the CISS Nation-Members. This must also, let me repeat, be done in the spirit and respect of the CISS Motto such as,

"Equal through Sports."

It should be noted that among the present Nation-Members of the CISS ( there are now about 94 countries ), only USA has been playing a very vital and influential role in the CISS administration and leadership in the last 33 years.

USADSF's two nominees to the CISS EC have been Jordan as the President ( between 1971 and 1995 ) and Ammons since 1995 as the Vice President, then Secretary General and Interim President.

Moreover, both Jordan and Ammons are still the Members of the CISS Legal Commission. It is such a Legal Commission that "makes the rules" for the CISS legal system itself. By irony, it is the same representatives from USADSF – Ammons and Jordan, who themselves violate or "break the rules" in the CISS legal system!

In spite of the above, it is inexcusable for USADSF when its representatives in the CISS themselves commit the unthinkable acts like the ones related with USADSF's 2000 CISS membership dues non-payment in timely manner and non-payment of $10,000,00 penalty fee for its tennis teams' withdrawal at the World Championships in Poertschach in 2003.

Therefore, USADSF and its two representatives in the CISS – Ammons and Jordan as the self-appointed Members of the CISS Legal Commission – failed to act as the supposed role models for any deaf leader of any National Sports Association - a Nation-Member of the CISS, while Ammons - as the so-called CISS Secretary General and Interim President – has failed to act in her forefront struggle for law and order inside the organization of the CISS!

On the other hand, Germany, for example, this past summer, that is, after the end of the European Championships in Basketball held in Ljubljana, Slovenia, decided to withdraw its Men's Basketball Team from the 2005 Deaflympic Summer Games competitions. The German leaders, by responsibly observing the Deaflympic Games Regulations Rule12.G, dutifully and in timely manner paid the required $5,000.00 withdrawal penalty fee to the CISS Treasury.

Another instance is that Ireland withdrew recently its two teams ( Water Polo and Women's Basketball ) from the 2005 Deaflympics and it, as a result, obediently paid

off its $10,000.00 CISS-imposed penalty fee to the CISS Treasury.

WHAT SHALL BE DONE NOW?

HOW TO RESTORE LAW AND ORDER IN THE CISS.

EXPERT ADVICE, IDEAS AND SUGGESTIONS

In order to restore law and order in the CISS an urgent action must be taken upon with USADSF – the laws breaker of the CISS.

To materialize USADSF's suspension in the CISS and, consequently, to ban the participation of USADSF's officials and athletes at the 2005 CISS Congress and Deaflympic Games in a proper and legitimate manner, first a Proposal Motion by any Nation-Member of the CISS must be made to the CISS EC pursuant to the CISS Constitution Rules 10.2.7.6, 10.2.7.6.1 and 10.2.7.6.2.

In the event the CISS EC rejects to accept to hear such a Proposal Motion and because CISS EC may also fail to fulfill its obligation by ignoring the CISS Constitution Rule 8.1 ( that is, by not intentionally and willfully taking any action against USADSF and against Ammons ( as the CISS Secretary General/Interim President, member of the CISS Legal Commission and Editor of the CISS e-News Magazine ) and Jordan ( as the CISS Honorary Life Member and Member of the CISS Legal Commission ), then this Proposal Motion automatically becomes as "a Motion-in-dispute" item.

This "Motion-in-dispute" can be brought up in front of the CISS Congress delegates for debating and voting. This Proposal Motion can be presented in front of all the Congress delegates and in accordance with the CISS Constitution Rule 15.

There is a vivid example as to how successfully the CISS Constitution Rule 15 was used by the CISS Congress delegates in 1999.

In 1999, at the 36th CISS Congress in Davos, Switzerland, there was a debate about the CISS EC-proposed $50.00 per athlete Deaflympic Games participation fee hike. But the delegates from the Ukraine, Estonia and other countries vehemently opposed such a hike. What they did was that the Ukraine and Estonia jointly, at the last minute and pursuant to the CISS Constitution Rule 15, launched a petition drive among the Congress delegates by obtaining a sufficient number of petition signatories, then a Proposal Motion - to reduce the participation fee to $15.00 per athlete from $50.00 – was brought up in front of the Congress. The delegates then debated and voted to disregard the $50.00 fee hike and, instead, they voted for the $15.00 Deaflympic Games participation fee.

On the other subject, in the event of Ammons' suspension or dismissal as the CISS leader, then it will be appropriate for other eight remaining CISS EC members ( Ole Artmann, Vojtech Volejnik, Dogan Ozdemir, Isabelle Malaurie, Peter Kalae, Maria de Bendeguz, Chih Ho-Chen and Colin Macdonald ) to decide among themselves, that is, to choose a person who will on a temporary basis lead the 39th CISS Congress meetings as well as a person who will keep the Minutes record of the Congress meeting in Melbourne.

LIKELY SCENARIOS AT MELBOURNE

By continuing to abuse the CISS system and by intimidating and manipulating the many non-English-speaking CISS Congress delegates and CISS EC members, it is quite likely and predictably that Ammons, supported by her accomplices and cronies such as Jordan and Tiffany Granfors, her hand-picked CISS Home Administrator, will do the following sophisticated and shrewd strategy for her own personal and USADSF's benefit:

a) the USA-influenced CISS EC ( the three USADSF members – Ammons, Jordan and Granfors – will be attending the door-closed CISS EC meetings ) will ignore or spit out any anti-USADSF motion or subject by not taking any action against USADSF and Ammons.

b) because USADSF is still in a massive violation of the CISS legal system, Ammons, in her self-interest and to the huge detriment of the CISS Motto – "Equal Through Sports" - will make "a surprise gift" or "an amnesty" for everyone: she will allow to waive the penalty fees for all nations. That is, these nations, which do still owe their membership dues to the CISS and these nations that already withdrew or will withdraw their teams from the 2005 Games competitions, will be granted a penalty fee waiver. By skillfully covering up her professional shortcomings as the CISS' top person, this way Ammons will be able to cleverly showcase and paint herself in front of the world as "an innocent, kind, generous and nice CISS official!"

c) by adamantly ignoring the CISS rules and by badly wanting to be in a world public and media spotlight, Ammons as an autocrat and anarchist will lead the 39th CISS Congress meetings and award medals to the winning athletes at the 2005 Deaflympic Games medal podium stand.

d) furthermore, to repair her image, reputation and to lure the much-needed votes for her presidential election bid contest at the Congress, Ammons and her cronies will covertly utilize their sophisticated strategy: they will attempt to hypnotize every possible CISS Congress delegate by flatteringly greeting each delegate in the manners of the deaf-way-bear-hugging and kisses-on-the-cheeks. If you will have the opportunity to attend the CISS Congress at Melbourne, you will lively witness as to how Ammons' cronies, including Jordan, Granfors and Jordan's long-time servant and die-hard loyalist Knud Sondergaard will behave with various delegates inside and outside the CISS Congress' premises on January 3 and 4, 2005.

e) the non-English-speaking CISS EC members will not challenge Ammons on any major CISS policy matter, including on the issue of USADSF's questionable status in the CISS, because these members will not want to risk losing their coveted privilege to have "a free-of-charge and luxurious life" at Melbourne ( if you will be at Melbourne next month, you will have the first hand glimpse at what kind of a hotel Ammons and her clique will be staying and at what kind of restaurants and discotheques they will be spending during their entire 2005 CISS Congress' and Deaflympic Games' stay at the fashionable and world-renown town of Melbourne ).

f) finally, I received information that the "2003 Sweden police/security men against Pinkhasov Pinchas incident-type scenario" is in the works now, that is, in the event I decide to attend the 2005 CISS Congress and Deaflympic Games, then Ammons, coached and assisted by the Pinkhasov Pinchas-paranoid Jordan, will induce the Australian organizers to send police and security men in order to prevent me, AN ARDENT DEFENDER FOR JUST AND EQUAL RIGHTS OF EVERY DEAF ATHLETE IN THE WORLD, from attending the deaf international public events at Melbourne.

If my above-described predictions come out to be true, then the whole CISS system will be facing a huge mess! And if I will again encounter the watchful eyes of police and security men at Melbourne, then Ammons, Jordan and their subordinates-accomplices will receive their appropriate and meritorious treatment in life, including a legal one.

However, I do sincerely and earnestly hope I will be very wrong with these scenarios' predictions!

The best, logical and peaceful way in properly handling the issue of USADSF's dubious status in the CISS will be like this one:

let all the CISS Congress delegates get united and act as the impartial and fair-minded judges in order to reach a rational, just and appropriate decision against the Number One abuser of the current CISS legal system - USADSF. This must naturally be done free of influence, presence and involvement by Ammons and her "behind-the-scenes genial advisor" Jordan when any USA/USADSF-related subject will be brought up in front of the CISS Congress delegates.

This way, I pray, the whole CISS family's structure will be salvaged!

Sportingly Yours,

Rafael Pinkhasov Pinchas

www.deafsportlawsuit.com

P.S. There is another possibility that USADSF violated a new rule in the CISS system recently. USADSF planned to send six athletes to compete at the just-ended October 5-12, 2004 Deaf World Championships in Free Style and Greco-Roman Wrestling in Sofia, Bulgaria. However, according to the report by the Bulgarian Organizing Committee, all these six USADSF athletes did not show up at the championships at all. Thus, USADSF may again be in violation of another new CISS rule – Rule 9.D of the Deaf World Championships Regulations.