Jim Campbell takes his "First Amendement" case
against Sun 'n Fun to Federal Court... and loses.

Campbell was told "Conduct yourself accordingly" by the Federal judge.

I doubt that Zoom appreciated the irony.





5 Plaintiffs,

6 VS. Tampa, Florida
April 8, 1999
7 SUN 'N FUN EAA FLY-IN, INC., 11:00 a.m.

8 Defendant.
Counsel for Plaintiff DANIEL D. MOODY, ESQUIRE
13 Campbell & Aero-Media Pansler & Moody
USA: 575 N. Broadway
14 P. O. Box 246
Bartow, Florida 33830
15 813-533-5300

16 Counsel for Defendant JOHN F. WENDEL, ESQUIRE
17 Wendel, Chritton & Parks
P. O. Box 5378
18 Lakeland, Florida 33807
20 Official Court Reporter
801 North Florida Avenue
21 Room 1548
Tampa, Florida 33602
22 813-301-5575




1 P R O C E E D I N G S

2 April 8, 1999

3 * * * * * *

4 THE COURT: Madam Clerk, please call the case.

5 THE CLERK: Case number 99-799 Civil-T-26C, James R.

6 Campbell and Aero-Media USA, Incorporated versus Sun 'N Fun EAA

7 Fly-In, Incorporated.

8 Counsel, state your appearances.

9 MR. MOODY: Daniel Moody on behalf of the Petitioner.

10 MR. WENDEL: Morning, Your Honor, John Wendel and

11 John Parks on behalf of Sun 'N Fun.

12 THE COURT: Okay. I have before me the Petitioner's

13 motion for emergency hearing on request for order of -- for

14 emergency summary remand. Some of these titles after awhile

15 get to be a little too much.

16 Basically, we're here to determine whether or not I'm

17 going to grant a temporary injunction, is that correct?

18 MR. WENDEL: Yes, Your Honor.

19 MR. MOODY: Correct, Your Honor.

20 MR. WENDEL: Your Honor, before we proceed, if I may,

21 could we invoke the rule of sequestration of witnesses?

22 THE COURT: Any other witnesses in the Courtroom?

23 MR. WENDEL: Your Honor, we have Mr. Quill and

24 Mr. Salemme.

25 THE COURT: All right, they can just go outside.

1 How long is this going to take, gentlemen?

2 MR. MOODY: Your Honor, I would -- I would like at

3 least 30 minutes for Petitioner's side.

4 THE COURT: Okay.

5 MR. WENDEL: We have no objection to that, Your

6 Honor.

7 THE COURT: First of all, I'm going to say it, maybe

8 I shouldn't say it, why didn't this case stay in Polk County

9 Circuit Court and heard over there?

10 MR. WENDEL: Well, Your Honor --

11 THE COURT: Could it be that it was removed over here

12 because someone thought they wouldn't get a quick hearing?

13 Send a message; you file -- you move a case here, you're going

14 to get a quick hearing.

15 MR. WENDEL: May I respond to that, Your Honor?

16 THE COURT: Go ahead.

17 MR. WENDEL: You're right. We thought if we brought

18 it over here, it would take longer, and I'll be real straight

19 with you.

20 THE COURT: I appreciate that.

21 MR. WENDEL: The fact of the matter is, in the

22 petition, Mr. Moody for Mr. Campbell --

23 THE COURT: I know.

24 MR. WENDEL: -- raises significant Federal questions.

25 THE COURT: I know, but, you know, who was this

1 before over there, in Polk County?

2 MR. WENDEL: Judge Curry.

3 THE COURT: He's a very competent Judge, he could have

4 handled these issues, but we're here, and it's an interesting

5 case, I'll say that, and to be quite frank, however I rule

6 today, this case is over with, I would imagine, because the Fun

7 'N Sun lasts, what, a week?

8 MR. WENDEL: Yes.

9 THE COURT: And I don't know that the Eleventh

10 Circuit is going to give anybody any emergency relief, but in

11 any event, you ready to proceed, Mr. Moody?

12 MR. MOODY: Yes, Your Honor.

13 THE COURT: All right, call your first witness.

14 MR. MOODY: Petitioner would call Mr. James Campbell.

15 THE COURT: All right. Come forward, Mr. Campbell.

16 MR. MOODY: Your Honor, is the Court inclined to give

17 us more time because, you know, it's sort of how long I go here

18 sort of depends on the Court's latitude in terms of --

19 THE COURT: Well, I don't know, I mean, what -- what

20 do you want to show to me?

21 MR. MOODY: Your Honor, I want to show that

22 Mr. Campbell's individual rights, his rights to freedom of the

23 press, his rights to enter on public property, his rights to be

24 free from public discrimination have been violated here if he's

25 not allowed to attend the Sun 'N Fun Fly-In. Also, Your Honor,

1 substantial, substantial irreparable harm to Mr. Campbell and

2 his business.

3 THE COURT: But -- all right.

4 MR. WENDEL: Your Honor, with that preface in mind,

5 if I may speak again to the Court.

6 THE COURT: Go ahead.

7 MR. WENDEL: We provided the Court with a certified

8 copy from the Department of State of the State of Florida

9 evidencing the administrative dissolution of the corporation

10 known as Aero-Media, Inc. We'd like to have Aero-Media, Inc.

11 stricken as a party for the very fact that the only purpose

12 under Florida Law that Aero-Media, Inc. can continue is to

13 conduct the business of closing down the corporation. It is

14 not proper for it to be a party in litigation.

15 THE COURT: What do you say to that?

16 MR. MOODY: Your Honor, if I may, the corporation is

17 still a de jure corporation. And in terms of the --

18 THE COURT: Well, I don't want to -- let's do this,

19 that's a matter of proof, let's just get on with this.

20 MR. MOODY: Thank you, Your Honor.

21 THE COURT: Have a seat sir.

22 Oh, have you sworn the witness, Ms. Cole?


24 THE COURT: Go ahead.

25 Thereupon,


2 having first been duly sworn to tell the truth, the whole

3 truth, and nothing but the truth, was examined and testified as

4 follows:

5 THE WITNESS: Yes, ma'am.

6 THE CLERK: Please take a seat in the witness box.

7 Please state your name and spell your last for the

8 record.

9 THE WITNESS: James Richard Campbell,

10 C-A-M-P-B-E-L-L.



13 Q. Would you please state your occupation, sir?

14 A. I'm publisher and editor-in-chief for U. S. Aviator

15 Magazine.

16 Q. Please tell the Court what U. S. Aviator Magazine is.

17 A. U. S. Aviator Magazine is a bi-monthly periodical

18 dedicated to sports and general aviation interests.

19 Q. How long have you been in the publishing business?

20 A. With U. S. Aviator, 11, 12 years, and another ten years

21 before that for other publications.

22 Q. And, sir, is U. S. Aviator dedicated to a particular

23 market of aviation?

24 A. Very much so. The affordable and the general and sport

25 aviation, especially in regards to aviation safety and consumer

1 advocacy matters.

2 Q. In terms of U. S. Aviator, are the articles that are

3 written within U. S. Aviator in any way associated or directed

4 with concerns that deal with the Experimental Aircraft

5 Association?

6 A. Very, very much so, at least half, if not at times three

7 quarters of coverage is dedicated in that area.

8 Q. Have you also published any books?

9 A. Yes, sir. Of the various publishers as well as myself, I

10 have done I think my 14th book right now I'm on.

11 Q. Tell the Court if you have ever written any books

12 regarding experimental aircraft?

13 A. Well, the leading book in the field or at least we hope

14 it is is the Sport Plane Resource Guide. It's an 1,100 page

15 guide to all the kit aircraft that are currently available from

16 hand-gliders up to home-built jets and from what I understand

17 it's pretty much the authority in the field now. And at seven

18 pounds, it should be.

19 Q. And Mr. Campbell, this Sport Plane Resource Guide, is it

20 directly associated with experimental aircraft?

21 A. It's what it covers specifically.

22 MR. MOODY: If I may, Your Honor, I'd like to

23 introduce this Sport Plane Resource Guide and a copy of his

24 magazine so the Court can take a look at that.

25 MR. WENDEL: May it please the Court, we would object

1 to both of those, they have nothing to do with the petition

2 before the Court dealing with his constitutional assertions.

3 No matter what those magazines say, they have absolutely

4 nothing to do with his position that he's been denied access to

5 what he defines inappropriately as public property.

6 THE COURT: Well, I'm going to admit them. Let's

7 admit the big one as Plaintiff's 1 and the magazine as

8 Plaintiff's 2. In fact, I recognize your objection, but one of

9 the things I was going through in my mind was to ask him do you

10 have a copy of your magazine so that I can look at it. I think

11 it's relevant. I mean, he's asserting First Amendment rights

12 and it goes to corroborate his testimony that I'm a publisher,

13 I'm an editor, here's proof, that's all.

14 MR. WENDEL: What does that have to do with access --

15 THE COURT: Listen, let's just move on. I'll hear

16 from you later, okay.

17 MR. WENDEL: Thank you.

18 THE COURT: Go ahead, Mr. Moody.


20 Q. Mr. Campbell, do you hold any active aviation licenses?

21 A. I earned commercial pilot certificates for fixed plane

22 airplanes, single multi-engine instruments, sea planes, so

23 forth, also rotor craft helicopter. I also have extensive

24 experience in everything from lighter-than-air to tilt rotor.

25 The tilt rotor isn't extensive, but some experience. And then

1 on top of it all, a lot of ultra-light experience and things of

2 that nature. I have also held a certified flight instructor

3 rating for airplane instrument, multi-engine and helicopter.

4 It's not current at the moment.

5 Q. Do you currently, sir, test experimental aircraft?

6 A. Every week practically.

7 Q. And what do you consider your role as an editor-to-be

8 within the aviation community?

9 A. Well, U. S. Aviator has a very unusual identity. We're a

10 consumer advocate and we're very high stress on safety and

11 things of that nature. We do more test flying and hard test

12 flying of experimental aircraft than anybody, certainly, and

13 we're also very much into consumer advocacy matters whether

14 people are getting what they pay for, whether the aircraft are

15 safe and whether or not business is being conducted in the

16 manner that would fit the aviation industry.

17 Q. Are you a member of the Experimental Aircraft

18 Association?

19 A. Yes, sir.

20 Q. Are you currently in good standing with the EAA?

21 A. According to Paul Poberezny, yes sir.

22 Q. And tell the Court what the EAA is.

23 A. The EAA is the Experimental Aircraft Association, it's

24 the leading organization for sport aviation, experimental

25 aircraft, people who build their own airplanes as well as

1 restoring war-birds, classic aircraft, ultra-light aircraft and

2 air medic-craft as well.

3 Q. How long have you been with the EAA?

4 A. Well, I remember hitchhiking without my parents'

5 permission to Oshkosh at age 16. It's longer than I want to

6 know about.

7 Q. Tell Judge Lazzara what the Sun 'N Fun is and what the

8 Sun 'N Fun involves?

9 A. Sun 'N Fun, sir, is the second largest aviation event of

10 its kind in the world, and it is more important, and in many

11 ways it's the first major event of the year. Most major

12 aircraft announcements will be made there, a lot of people will

13 be talking about projects and process, it's an opportunity for

14 me to get together with a lot of pilots and do some test flying

15 off the field, and do some evaluation and test work.

16 It's not unusual for me to fly 20 different airplanes

17 during the course of a week at Sun 'N Fun with a little bit of

18 fudging a couple days before and a couple days after. It is

19 without a doubt one of the four largest events that I attend

20 every year.

21 Q. And do any of the aircraft, experimental aircraft, in

22 particular, manufacturers offer exhibits at Sun 'N Fun?

23 A. Well, frankly, 99 percent or more it seems, if you're not

24 at Sun 'N Fun, then people start talking about you.

25 Q. You're in the business of critiquing some of these

1 manufacturers?

2 A. That's been probably my major personal responsibility all

3 along.

4 Q. What if any business, sir, have you contacted, yourself

5 and your magazine, at Sun 'N Fun as an editor or writer?

6 A. Everybody. I make a swing through there and I make sure

7 that if I don't at least say hello to people, I make sure I

8 have got literature, I make sure I spend time with people,

9 especially if it's newsworthy or new, will spend time finding

10 out what's going on, make arrangements to do test flying,

11 product evaluation and get with the aircraft, as well as the

12 fact it's an excellent opportunity to do the air to air and

13 other testing that you just pretty much can't get everybody

14 together at the same time for.

15 Q. Mr. Campbell, what is the importance of your presence

16 being at the Sun 'N Fun Fly-in?

17 A. Well, to me it's critical.

18 Q. And why is it critical, Mr. Campbell?

19 A. First of all, when it comes to the test flying and

20 evaluation and so forth, I'm -- pardon me, but it may sound a

21 little arrogant, but nobody does what we do with these

22 airplanes. I promise you, sir, in all certainty that nobody

23 evaluates these aircraft as critically as we do.

24 So there's an awful lot of that going on, plus not to

25 mention the fact that you're talking to the companies, what

1 they're dealing with, what's happening with engine suppliers,

2 what's happening with avionic suppliers, what's going on in the

3 industry, how is the FAA treating them, and then, of course,

4 there's the news-making aspect itself. The administrator of

5 the FAA gives a press conference there each year on Monday, and

6 it's an opportunity to question her directly, as well as high

7 officials of the FAA, and we don't get that opportunity but

8 once or twice a year.

9 Q. Mr. Campbell, have you been informed that you are banned

10 from the Sun 'N Fun Fly-in at this year's event?

11 A. That's the assumption I'm getting from everybody --

12 THE COURT: Well wait, excuse me, excuse me, I'm not

13 here based on assumptions, all right. I mean, if you filed a

14 lawsuit that's been removed to this Court and I have scrambled

15 around to give you time based on an assumption, I'm not going

16 to be very happy. Do you have any concrete proof that he can't

17 attend the Sun 'N Fun? Or let me ask it this way; is he

18 prohibited from attending the Fun 'N Sun?

19 MR. WENDEL: He is, but the magazine is not. All he

20 has to do is send credentialed people and they'll be given

21 press credentials. His conduct in the past warrants Sun 'N Fun

22 as a private entity refusing him access to --

23 THE COURT: Wait, wait, wait, is he personally barred

24 from the Sun 'N Fun?

25 MR. WENDEL: He is, Your Honor.

1 THE COURT: Okay, because when he starts talking

2 about assumptions, I start saying what are we doing here. All

3 right, go ahead.

4 THE WITNESS: I'm sorry, sir.

5 THE COURT: That's all right.


7 Q. Have you been provided with any formal notice that you're

8 not allowed into the Sun 'N Fun?

9 A. We have a letter that was sent to my personal counsel a

10 couple weeks ago.

11 Q. And have you, Mr. Campbell, been provided any type of due

12 process such as a hearing or a panel to appear before to

13 contest or to argue why you should be allowed on the premises?

14 MR. WENDEL: Excuse me, Your Honor, we must object to

15 that. This line of questioning is absolutely inappropriate.

16 There's no predicate here to show that a private corporation

17 such as Sun 'N Fun has any obligation to set up a hearing

18 because it determines in the private use of its property that

19 someone can't come aboard.

20 THE COURT: Nice argument and I'll hear you at the

21 conclusion of case with regard to that, but --

22 MR. WENDEL: Very well.

23 THE COURT: -- let me bring in the evidence here.

24 MR. WENDEL: Yes, Your Honor.

25 THE COURT: I'm aware of all those concepts. Go

1 ahead.


3 Q. You have not been provided any forum to discuss why you

4 have been banned from Sun 'N Fun, is that correct?

5 A. Despite numerous promises to third parties who are

6 attempting to ameliorate this dispute, no, there have been

7 none.

8 THE COURT: Well, have you been advised -- excuse me,

9 have you been advised why you have been banned from the Fun 'N

10 Sun?

11 THE WITNESS: The only word that's cropped up at one

12 point was that I was a disruption, and I have called numerous

13 people associated with the event trying to get an answer and I

14 get hung up on.

15 THE COURT: You mentioned your lawyer received a

16 letter.

17 THE WITNESS: Received a letter from Mr. Wendel and

18 in regards to the fact I couldn't come and my magazine could.

19 THE COURT: Do you have a copy of that letter?

20 THE WITNESS: No, sir, I do not. It was FAX'ed to

21 Mr. Clager who is out in the Dominican Republic at the moment.

22 THE COURT: And who is Mr. Wendel?

23 THE WITNESS: Pardon me, Mr. Wendel --

24 MR. WENDEL: Your Honor, he's referring to me, John

25 Wendel.

1 THE COURT: Okay.

2 THE WITNESS: This whole thing is very confusing.

3 THE COURT: All right, I'm just trying to get the

4 players straight here.


6 Q. Mr. Campbell, would you describe your relationship with

7 the Sun 'N Fun representatives and explain to the Court why you

8 contend that you have been banned from Sun 'N Fun?

9 Q. Well, we've had a number of problems with certain high

10 level entities at Sun 'N Fun who have been very unhappy with

11 the criticism that -- more important with the questions we've

12 asked of them at various times throughout the last decade.

13 Mr. Henderson, the -- I don't know what the proper

14 term is, I guess he's the Fly-In director-manager, whatever you

15 want to call it, the boss, is real unhappy with me and has

16 expressed that a number of times, so has Ms. Higby who is the

17 head of their press group and they have a narrator as well that

18 has not only expressed extreme disapproval, but has done so

19 dozens of time on the internet, threatening everything from my

20 life to my livelihood.

21 Q. Have you been critical of the kit plane manufacturers

22 regarding safety?

23 A. Oh, gosh, yes, sir.

24 Q. And do you contend, sir, that there's been any type of

25 vindictive motives to have you thrown out of the Sun 'N Fun by

1 any of those representatives?

2 A. Well, according to Mr. Henderson over the past few years,

3 he's told me that he has gotten quite a few complaints from the

4 companies that we've criticized to try to get me out of Sun 'N

5 Fun. This was confirmed by the president of -- the current

6 president of EAA, Mr. Poberezny, in conversations two weeks

7 ago. Then, of course, they're bragging about it on the

8 internet; Mr. Suzarsa, Mr. Miley --

9 MR. WENDEL: If it please the Court, excuse me.

10 THE COURT: Yes, Mr. Wendel.

11 THE WITNESS: My apologies.

12 THE COURT: Excuse me, excuse me.

13 MR. WENDEL: Your Honor, the hearsay is just creeping

14 in the front door.

15 THE COURT: It's getting a little bit too much.

16 MR. WENDEL: I've tried to be real tolerant.

17 THE COURT: I understand. I'm going to sustain his

18 objection on hearsay grounds.


20 Q. Thank you, Your Honor.

21 Have you then been critical also of Sun 'N Fun?

22 A. Oh, very much so. We've also been very positive about a

23 lot of things, too. There's a lot about it that is positive.

24 Q. And has any Sun 'N Fun representative ever expressed

25 concern about your writings about Sun 'N Fun?

1 MR. WENDEL: May it please the Court.

2 THE WITNESS: So many times.


4 MR. WENDEL: A proper predicate has to be laid to

5 give us the opportunity to object to that as hearsay,

6 THE COURT: All right. First of all, what's the name

7 of this person?

8 THE WITNESS: The persons would be --

9 THE COURT: Give me the names of the persons.

10 THE WITNESS: Mr. Henderson, Mr. Eickhoff, Ms. Higby

11 and Mr. Troyer.

12 THE COURT: And what connection do they have with Fun

13 'N Sun?

14 THE COURT: Mr. Eickhoff I guess is the head of their

15 board of directors, if I have that correctly. Mr. Henderson

16 runs the Fly-In. Ms. Higby runs the press headquarters and

17 Mr. Troyer is the narrator.

18 THE COURT: And when have you had these -- have you

19 had conversations with them?

20 THE WITNESS: Conversations as well as written

21 communications, yes.

22 THE COURT: And over what period of time?

23 THE WITNESS: Over a decade, not each one over a

24 decade, but with Mr. Henderson, well over a decade. I've been

25 going to Sun 'N Fun almost 20 years, oh, Lord.

1 THE COURT: All right. And what do you seek to

2 elicit from him now with regard to what these representatives

3 told him?

4 MR. MOODY: Told him, yes, Your Honor.

5 THE COURT: About their views of him?

6 MR. MOODY: Their concerns about his articles or his

7 publishings.

8 THE COURT: All right. It's being in the nature of

9 -- I don't think it's hearsay. I'm going to go ahead and allow

10 it. Go ahead.

11 MR. WENDEL: Your Honor, after hearing the Court's

12 questions and his answers, we would agree that Mr. Henderson

13 and Mr. Eickhoff and Ms. Higby fall within the scope of

14 employees of Sun 'N Fun, but Mr. Troyer is a volunteer, and we

15 would continue to object to anything that --

16 THE COURT: Well, let me -- Mr. Troyer, what does

17 Mr. Troyer do for Fun 'N Sun?

18 THE WITNESS: He's one of the two or three principal

19 people who are on the announcing stand the entire week talking

20 to the public about what's going on, and that such and such an

21 airplane, and gee, aren't we having a great time.

22 THE COURT: Is he a volunteer like Mr. Wendel said?

23 THE WITNESS: I have no idea. He's claimed a number

24 of relationships with Sun 'N Fun. We don't know what's true.

25 I can tell you, though, that letters that I send to Sun 'N Fun,

1 the contents have been posted to the Internet within a matter

2 of hours.

3 THE COURT: Well, it seems to me, Mr. Wendel, that

4 even if you characterized this individual as a volunteer, he's

5 -- he obviously occupies a position within Fun 'N Sun, whether

6 it's volunteered or paid. To the extent I think you can

7 consider him a representative under the rule, I don't know the

8 -- I'm trying to look for the rule here --

9 MR. WENDEL: Well, Judge, in consideration,

10 Mr. Henderson is a paid employee and his title is the executive

11 director. Ms. Higby is another paid employee. Mr. Eickhoff is

12 a volunteer and is the president, but it has to be shown that

13 any expressions to Mr. Campbell are expressions of Sun 'N Fun,

14 and not merely an individualistic expression by any of these

15 three people.

16 THE COURT: I understand that, but I think at this

17 point in time, I can allow him under 80l(d)2, dealing with

18 admission by party opponent, there's a whole category under

19 there, but I'm satisfied that these would qualify and let me

20 see, I mean, I don't know what he's going to say.

21 MR. WENDEL: Thank you, Judge.

22 THE COURT: Go ahead.


24 Q. What opinions have these individuals, and specifically

25 I'd like for you to refer to each individual regarding

1 criticism of your magazine as it relates to Sun 'N Fun?

2 A. Well, Mr. Henderson has told me at various times that I'm

3 a trouble maker, that I should tone it down, that I don't need

4 to be so critical, that I need -- at one point, the phrase

5 "play ball" was used in regards to, you know, to work with Sun

6 'N Fun, they're trying to do very positive things, and my

7 criticism of them inhibits their ability to do positive things.

8 At other times he's been more critical, he's -- at

9 one point we had a conversation about I was talking to him

10 about vendors that would come to Sun 'N Fun who were selling

11 products that had killed a lot of people or had injured people

12 or were selling products that were subsequently not delivered

13 and people were being harmed as a result, and then Billy would

14 get back on me about my criticism of those companies and say

15 those people aren't happy with you either, they don't want you

16 at Sun 'N Fun, and I'm inclined to agree.

17 Q. What about Mrs. Higby?

18 A. Ms. Higby has been very negative. As late as the -- I

19 think in like 1990, '91, she has said even to my employees that

20 if, you know, if I didn't write better things about them that I

21 could be banned. One of them even showed up in a Court

22 document over a termination matter with one of my employees at

23 one point. I was -- it was reported to me by Chuck Durowsky, a

24 photographer for us, that he called --

25 MR. WENDEL: If it please the Court, we would object

1 to that as hearsay.

2 THE COURT: That is hearsay.

3 THE WITNESS: Sir, I apologize and I understand.

4 I would come, you know, I would come to Sun 'N Fun

5 each year, and she's always had a remark or two about here's

6 the scandal sheet or here's the muckraker or, you know,

7 whatever the case may be, and she's fairly positive on

8 something she likes. We arranged to have a wedding in a B25

9 Bomber last year and she thought that was the greatest thing in

10 the world and was sweetness and light for a couple days and

11 apparently after that I did something she didn't like.

12 Mr. Eickhoff, we've had a number of words over

13 various times, I'm a trouble maker, I'm -- I shouldn't be doing

14 what I'm doing, I don't have the right to talk to people about

15 why they're selling products that they don't deliver or why

16 their products are killing people or why their products are

17 hurting people.

18 And then Mr. Troyer, he's been pretty vicious over

19 the internet. He has claimed that he's putting up my name -- I

20 have the nickname of Zoom, and he has zoom-free zone signs that

21 Sun 'N Fun is buying at bulk to put up at the Fly-Ins. This

22 was reported to Mr. Henderson by the way, that he wants to see

23 me put out of business, that he wants to see me go to prison

24 and become Bubba's love slave. I don't write this stuff. It's

25 all kinds of stuff. And Mr. Troyer in particular has been

1 pretty negative.

2 Q. Have you written articles specifically challenging the

3 Sun 'N Fun event as being a concern for the safety of the

4 public?

5 A. Yes.

6 Q. And describe what you have written, briefly?

7 A. We had, matter of fact, we're kind of pleased that two of

8 the largest aircraft manufacturers have told me this year they

9 will not be --

10 MR. WENDEL: Your Honor, if it please the Court,

11 hearsay.

12 THE COURT: Sustain the objection.


14 Q. With regard to what the Defendant responded in this case,

15 has told you specifically -- well, let me strike that question.

16 What specifically have you written, and I'm not going to

17 ask you to cite verbatim, but in general terms, regarding

18 safety to the public at the Sun 'N Fun Fly-in event?

19 A. Well, as early as the better part of a decade ago, there

20 was a series of incidents where unlicensed, two-seat aircraft

21 flying in the ultra-light area were taking passengers for rides

22 with instructors or pilots, I should say, who had no licenses

23 at all, not a pilot's license, not a medical. I brought this

24 up directly to Mr. Henderson and Mr. Henderson kind of spun it

25 off.

1 Unfortunately, there was some political

2 considerations since the fellows running the ultra-light area

3 was one of this company's dealers. Obviously, that could been

4 a problem. As a matter of fact, there were later accidents in

5 those aircraft under those circumstances off the field.

6 We had a major piece we did over the last year

7 concerning the demo flying and the way aircraft are displayed

8 there. And, you know, the density of the traffic, the way

9 things are run, how the aircraft are taxied and moved around in

10 close proximity to the public, those things were dangerous and

11 companies did make changes based on that.

12 Q. Mr. Campbell, is there any reason for Mr. Troyer to have

13 any personal grudge towards you?

14 MR. WENDEL: May it please the Court, this is pure

15 and absolute hearsay.

16 THE COURT: All right, Mr. Moody, you have made your

17 point.

18 MR. MOODY: Okay.

19 THE COURT: You have made your point that

20 Mr. Campbell has been critical of the Fun 'N Sun, Fun 'N Sun

21 apparently doesn't think much of him and he's therefore been

22 banned, so why don't we get on to one of the critical aspects

23 here and tell me what is Sun 'N Fun in terms of private, et

24 cetera.

25 MR. MOODY: Your Honor, exactly. I'll move on.


2 Q. Mr. Campbell, if you would explain in summary form once

3 again what the FAA is?

4 A. The FAA is the governing organization for aviation in the

5 United States and a part of the International Compact that

6 governs aviation around the world.

7 Q. And it is a Federal organization, correct?

8 A. Correct.

9 Q. And does the FAA have any ties or any relationship with

10 the Sun 'N Fun Fly-In?

11 A. Very much so. They staff it significantly. I don't know

12 how many dozens of people will come. They have put up a

13 building on the Sun 'N Fun grounds at great expense. They have

14 funded a number of seminars, safety programs. There are safety

15 programs there ever month.

16 MR. WENDEL: Pardon me, Your Honor, best evidence

17 rule pertains here. If he has some evidence of these

18 relationships, it's not his hearsay testimony which can

19 introduce that. If he knows about the leasing of the building,

20 then he can speak, of course, from his own mind, but presumably

21 the lease is a written document which is the best evidence here

22 and not his interpretation of it.

23 And furthermore, if he is talking about monies or

24 employees or any of those things, I think we ought to have the

25 opportunity either to have a predicate laid or to voir dire him

1 on those points.

2 THE COURT: Mr. Moody.

3 MR. MOODY: Yes, Your Honor.


5 Q. Mr. Campbell, do you have personal knowledge that the

6 Federal Aviation Administration conducts business as a Federal

7 agency during the time period that the Sun 'N Fun occurs?

8 A. Yes, sir, I do.

9 Q. And tell the Court from your personal knowledge, you

10 being present, what you have observed?

11 A. Well, there's a big building that says FAA on it. It's

12 filled with FAA employees. They give seminars, they give

13 speeches, they give discussions, they're involved in -- they're

14 involved in any incidents that are on the field, they work with

15 some of the volunteer staff, their -- you can see them

16 everywhere. I have to give FAA credit for that, they're very

17 involved.

18 Q. Have you attended any of these seminars?

19 A. Yes, many.

20 Q. And have you been critical of the FAA with some of their

21 practices?

22 A. Oh, gosh, yes.

23 Q. And Mr. Campbell, without response, would it be a fair

24 statement to say that a lot of these people, including the FAA,

25 do not like your presence in some cases?

1 A. That's quite correct.

2 Q. And why is that?

3 A. We've been extremely critical of the FAA. We've started

4 some of the biggest fights in aviation over some of the things

5 they have done, especially the Bob Hoover affair.

6 Q. And we don't need to go there, but --

7 A. That's why I wrote a book.

8 Q. The activities that you have observed with your personal

9 knowledge at Sun 'N Fun, do those activities involve the

10 runways and taxi-ways there at Sun 'N Fun?

11 A. Yes, it's a federally-funded airport that's been

12 confirmed to me by the associate administrator of airports and

13 the regional director in Orlando.

14 Q. And what about any state or local funding, to your

15 knowledge?

16 A. According to Jim DeGinero and Bill McDermott --

17 MR. WENDEL: May it please the Court, same objection.

18 THE COURT: I'll sustain the objection.


20 Q. Do you have any knowledge as to who pays Sun 'N Fun for

21 the police, Lakeland Police Department and sheriff's officials

22 that attend this event?

23 MR. WENDEL: May it please the Court, same objection,

24 it's all hearsay.

25 THE COURT: It is.

1 MR. MOODY: I'll move on, Your Honor.

2 THE COURT: Thank you.


4 Q. Mr. Campbell, but for the use of these federally funded

5 runways and taxi-ways, would it be possible to hold the Sun 'N

6 Fun event?

7 MR. WENDEL: May it please the Court --

8 THE WITNESS: I don't see how.

9 THE COURT: Wait a minute.

10 MR. WENDEL: It's absolutely hearsay. He has to

11 establish a predicate for coming to that type of conclusion.

12 THE COURT: That is federally funded?

13 MR. WENDEL: Yes, Your Honor, exactly.

14 THE COURT: Okay, I'll sustain the objection. But

15 for the use of the runways, could the Sun 'N Fun take place,

16 but for the use of the runways?

17 THE WITNESS: Well, without runways, you don't get

18 thousands of airplanes in there.

19 THE COURT: I didn't think so. Go ahead.


21 Q. Mr. Campbell, getting right to the point, if you're

22 banned from Sun 'N Fun, would this have an irreparable -- cause

23 you irreparable harm?

24 A. I frankly think we're out of business if it does.

25 Q. And tell the Court why?

1 A. The expenses leading up to this have been extraordinary.

2 On a commercial basis, my magazine sells advertising based on

3 issues that we print in advance that are given out at the

4 Fly-In. We sell advertising contracts at the Fly-In. Half of

5 the issues that I will print this year will have stories that

6 came out of Sun 'N Fun, and two of those issues are almost

7 entirely devoted to Sun 'N Fun.

8 As a matter of fact, my magazine does more Sun 'N Fun

9 oriented coverage than any other magazine or any other two or

10 three or four magazines combined. There was over 60 pages of

11 editorial devoted to Sun 'N Fun last year alone, and I only do

12 six issues a year.

13 Q. Have you typically in the past staffed a booth at Sun 'N

14 Fun?

15 A. Yes, sir.

16 Q. And distributed your magazine?

17 A. Yes, sir.

18 Q. And how many subscribers do you typically sign up during

19 the course of this week?

20 A. Depending on a year, several hundred to seven or eight

21 hundred. It's two, three, 400, plus book sales, plus other

22 ancillary sales, plus advertising. We've had some years that

23 have been much better than that.

24 Q. Is your magazine considered a national magazine?

25 A. It's distributed all over the United States and all over

1 the world.

2 Q. Do you consider yourself a watch dog of the little guy in

3 aviation experimental aircraft?

4 MR. WENDEL: May it please the Court, absolutely

5 self-serving, no basis in fact other than his testimony.

6 THE COURT: I'll allow him to answer. Go ahead.

7 THE WITNESS: I want to be. That's what I'm hoping to

8 be.

9 MR. MOODY: That's all I have from this witness, Your

10 Honor.

11 THE COURT: Mr. Wendel.

12 MR. WENDEL: Yes, Your Honor.

13 THE COURT: You may cross examine.

14 MR. WENDEL: Thank you, Judge.



17 Q. Mr. Campbell, would you please explain to the Court how

18 many times you've been ejected from the Sun 'N Fun event at

19 Lakeland Linder Regional Airport.

20 A. From what I understand of the legalities, that's been two

21 times by Sun 'N Fun and one that Sun 'N Fun instigated and the

22 City of Lakeland later apologized for it.

23 Q. So three times all together?

24 A. Yes.

25 Q. How many times have you been threatened with ejection and

1 determined to leave of your own volition before the police

2 carried out the ejection?

3 A. Never.

4 Q. Never?

5 Will you explain to the Court whether or not you carry a

6 nine millimeter weapon with you when you are on Sun 'N Fun

7 property?

8 A. Never have.

9 Q. How many people have you told that you carry a nine

10 millimeter weapon with you --

11 A. Never have.

12 Q. Sir, how many airplanes have you tampered with on Sun 'N

13 Fun grounds?

14 A. Never have.

15 Q. Do you know people by the name of Jones, Don Jones --

16 A. The convicted felon Don Jones who almost killed an FBI

17 agent.

18 THE COURT: Excuse me, excuse me, he asks the

19 questions --

20 THE WITNESS: I do know Mr. Jones.

21 THE COURT: Excuse me, I'm not through yet.

22 THE WITNESS: Oh, I apologize.

23 THE COURT: He asks the questions, you give an answer.

24 Do not editorialize, do not characterize.

25 THE WITNESS: Oops. It's my job. Sorry, sir.

1 THE COURT: You know, Mr. Campbell, maybe it hasn't

2 dawned on you, but you're in a Federal Courtroom now.

3 THE WITNESS: Yes, sir, I understand that.

4 THE COURT: Okay, and you're going to conduct

5 yourself accordingly.

6 THE WITNESS: Yes, sir.

7 THE COURT: All right?


9 THE COURT: I don't want anymore flippant remarks

10 like that.

11 THE WITNESS: I'm not trying to be, sir. I'm just

12 trying to get through this.

13 THE COURT: All right. Go ahead, Mr. Wendel.


15 Q. Yes, sir.

16 Do you know Mr. Don Jones of Polk County, Florida?

17 A. Yes, sir, we're aware of him.

18 Q. Do you know that Mr. Don Jones had an aircraft at Sun 'N

19 Fun several years ago?

20 A. He's had many aircraft there.

21 Q. Do you recall tampering with the carburetor on his

22 aircraft during a Sun 'N Fun Fly-In?

23 A. No, sir, I never have.

24 Q. Do you recall being caught in the act by his son, Mr. Jay

25 Jones?

1 A. Never happened. And it's the first I've heard of it.

2 Q. Mr. Campbell, you recall --

3 MR. WENDEL: May I approach the witness?

4 THE COURT: You may.


6 Q. You recall during your direct examination explaining to

7 the Court that a letter was sent by my office to your attorney

8 Mr. Clager?

9 A. Yes, it was read to me over the phone.

10 Q. And would you be kind enough to look at that letter,

11 please, sir. Is that the letter to which you referred?

12 A. I think it is. It was read to me over the phone, but it

13 certainly sounds like it.

14 Q. Thank you. May I have it?

15 THE COURT: You introducing that?

16 MR. WENDEL: Pardon me?

17 THE COURT: You introducing that?

18 MR. WENDEL: Yes, I am, Your Honor.

19 THE COURT: Any objection?

20 MR. MOODY: No objection.

21 THE COURT: Be received as Defendant's 1.


23 Q. Now, Mr. Campbell, isn't it a fact that that letter tells

24 you that you are banned from the premises?

25 A. I would assume it does.

1 Q. Isn't it a fact that that letter tells you that your

2 magazine is not banned from the premises?

3 A. It tells me that.

4 Q. Isn't it a fact that the letter also states that any

5 qualified representative of your magazine who applies for press

6 credentials will receive those credentials and be admitted to

7 the property?

8 A. It says that.

9 Q. Do you have other employees of your magazine?

10 A. Yes, but nobody that does what I do.

11 Q. Is that because you do not permit them to do what you do?

12 A. Sir, they're very few people qualified to do what I do.

13 They'd be killed. I have almost been killed.

14 Q. I beg your pardon. Are you finished?

15 A. Yes, sir. I'm sorry.

16 Q. What I'd like to know, sir, is how many issues of this

17 magazine have you published in the last two years?

18 A. Probably about -- wait a second -- about 10.

19 Q. 10 in 24 months?

20 A. Yes, sir, we're a bi-monthly publication.

21 Q. Are you sure of the accuracy of that number? Would you

22 like to reflect on your answer?

23 A. Sir, I believe I have the 10th in my briefcase.

24 Q. You're telling the Court under oath that you have

25 published 10 magazines within the last 24 months?

1 A. To the best of my knowledge I believe we have, 'cause the

2 latest issue has an I. D. tag of 1010.

3 Q. Yes, sir, but I'm talking about actual publications of

4 magazines, not what an issue says on it?

5 A. I understand that, but that's how we I. D, 1001, 1002,

6 1003, after the point of about two years ago as a matter of

7 fact.

8 Q. Mr. Campbell, isn't it a fact that your corporation, one

9 of the co-petitioners or co-plaintiffs here, is an

10 administratively dissolved Florida corporation?

11 A. Meaning? You're talking about Aero-Media?

12 Q. Yes.

13 A. We talked to the State of Florida yesterday, it's the

14 first I heard about it, and we found out they had an improper

15 address and our registered agent wasn't notified either, and

16 that's being corrected right now.

17 Q. Mr. Campbell, is the corporation administratively

18 dissolved or not?

19 A. I have no way of really understanding what that means.

20 I'm not trying to be argumentative, apparently, but I'm not

21 aware, sir.

22 MR. WENDEL: May it please the Court, attached to our

23 response is an original certificate of dissolution from the

24 Department of State and under the circumstances, we would ask

25 the Court to take judicial knowledge of that State of Florida

1 document under seal.

2 THE COURT: Mr. Moody, do you concede that that's an

3 authentic document?

4 MR. MOODY: I would concede it probably is, Your

5 Honor.

6 THE COURT: Have you been in touch with the Secretary

7 of State's Office about the --

8 MR. MOODY: No, I haven't. I don't have any argument

9 to the contrary, Your Honor.

10 THE COURT: All right, and obviously, Mr. Campbell

11 has acknowledged that something is happening and it's been --

12 I'll note that it's administratively dissolved. All right.

13 MR. MOODY: Your Honor, I'm not agreeing that the

14 corporation has been dissolved, I'm only agreeing that he

15 failed to pay the $250 to send in the computerized report that

16 they sent to the wrong address.

17 THE COURT: Well, then you get administratively

18 dissolved. I understand.

19 THE WITNESS: It's being dealt with, sir. Kirk Keith

20 of LGS Accounting is the registered agent and we have a FAX

21 from him as of yesterday that it's being dealt with and will

22 take them about 10 days to get it resolved.

23 THE COURT: All right. Go ahead, Mr. Wendel.

24 MR. WENDEL: May I approach the witness again, Your

25 Honor?

1 THE COURT: You may.


3 Q. Mr. Campbell, I'm showing you a copy of a letter

4 addressed to a Mr. Poberezny, it is from J. R. "Zoom" Campbell

5 to Bill Eickhoff. The date line is 2/23 of 1999. It's on

6 Aero-Media USA, Inc. letterhead. Two pages to the letter.

7 Would you mind, please, sir, looking at it there?

8 (Brief pause.)

9 You recognize that as your letter, sir?

10 A. It seems like it is, yes, sir.

11 Q. You recall on your direct examination you told the Court

12 that you were a member of EAA?

13 A. Yes, sir.

14 Q. Isn't it a fact that in this letter you advised a month

15 and a half ago Mr. Poberezny to cancel your membership in EAA

16 and that you will be recommending that all of your readers do

17 the same?

18 A. We had a discussion --

19 Q. Please answer my question. Isn't it a fact that your

20 letter recites that?

21 A. The letter says that.

22 MR. WENDEL: Your Honor, may I have this admitted?

23 THE COURT: Any objection, Mr. Moody?

24 MR. MOODY: Yes, I'd like to see the letter, Your

25 Honor.

1 MR. WENDEL: I beg your pardon, certainly.

2 Judge, if I may call to your attention, this comes

3 out of Mr. Eickhoff's files, it has some personal notes on it

4 which have nothing whatsoever to do with his testimony, but

5 it's the only copy we have here today.

6 THE COURT: All right.

7 MR. MOODY: No objection.

8 THE COURT: It will be received as Defendant's 2.

9 MR. WENDEL: May it please the Court for a moment

10 with Mr. Moody. I have another letter I want to pay him the

11 courtesy of reviewing it at this point.

12 THE COURT: That's fine.

13 (Brief Pause.)

14 MR. MOODY: I'm not going to take the time to read

15 this letter, but if he lays the proper predicate, I have no

16 objection.

17 THE COURT: All right.

18 MR. WENDEL: May I approach, Your Honor?

19 THE COURT: Yes, sir.


21 Q. Mr. Campbell, this is a copy of a letter, again on your

22 Aero-Media, Inc. stationery, it's dated December 30, 1998,

23 addressed to Mr. --

24 A. Actually, it's December 29th, sir, is the date on the

25 letter.

1 Q. Yes, but your date line on your FAX machine or someone's

2 date line is 12:30, so yes, the date line on the letter is

3 12-29. It's a three page letter. Did you write this letter,

4 sir?

5 A. Yes, looks like I did.

6 Q. Did you send it to Mr. Henderson and Mr. Eickhoff?

7 A. I copied them on everything. That was only fair.

8 MR. WENDEL: All right, Your Honor, because the

9 original has some annotations, I'm tendering to the Court the

10 copy which I showed to Mr. Moody.

11 MR. MOODY: No objection, Your Honor.

12 THE COURT: All right, it will be received as

13 Defendant's 3.


15 Q. Mr. Campbell, I would ask you if you will, please, sir,

16 to read the first two and a half lines of the second paragraph

17 to the Court.

18 A. Where it says the situation is blatantly ridiculous?

19 Q. Yes.

20 A. Okay. The situation is blatantly ridiculous. Gentlemen,

21 I've been told by counsel we have a strong case against you or

22 persons associated with your organization for harassment,

23 libel, tortuous interference, assault and other problems.

24 Q. Thank you, sir.

25 Now, Mr. Campbell, with that in mind, why did you wait on

1 the eve of the Fly-In to file an injunctive action against Sun

2 'N Fun?

3 A. Because your people kept promising that there would be a

4 meeting and the situation would be resolved.

5 Q. Why did you wait --

6 A. And you told Paul Poberezny and you told Bob Clager.

7 Q. Excuse me, sir, why did you wait from December of 1998 to

8 the week before to file this injunction suit?

9 MR. MOODY: Objection, Your Honor, as to relevancy.

10 THE COURT: Well, I'll overrule it. Go ahead.

11 THE WITNESS: Because you hadn't done what you said

12 you would do and we were trying to give everybody an

13 opportunity to make this as peaceful as we could.


15 Q. Are you referring to me personally?

16 A. I'm referring to Sun 'N Fun as a collective entity.

17 Q. I see. Now, you know from your letter that you were

18 advised by counsel that you had a strong case?

19 A. Yes, sir, that's what I was told.

20 Q. For harassment?

21 A. Sir -- yes.

22 Q. Liable?

23 A. Yes, sir.

24 Q. Tortuous interference?

25 A. Yes, sir.

1 Q. Assault?

2 A. Yes.

3 Q. And other problems?

4 A. Yes.

5 Q. Do you not have a remedy if you were prospectively to

6 file that lawsuit, a prospective remedy if you were to file

7 that type of lawsuit?

8 A. Yes, sir, but if you file a lawsuit, usually only the

9 lawyers win.

10 Q. Do you not still have the right to file that lawsuit?

11 A. We have the right. I was asked specifically by Tom

12 Poberezny, the president of EAA, for time to see if he could --

13 MR. WENDEL: May it please the Court, I have asked

14 him no questions pertaining to Tom Poberezny.

15 THE COURT: Yeah, what's he got to do with it?

16 THE WITNESS: He's the president of EAA, and he's a

17 director on the Sun 'N Fun board.

18 MR. WENDEL: He has nothing to do with this lawsuit.

19 THE COURT: Excuse me, ask another question.

20 MR. WENDEL: Yes, sir.

21 THE WITNESS: Sorry, sir.


23 Q. Isn't it correct, sir, that you were notified last year,

24 April of 1998, when you were again ejected from Sun 'N Fun,

25 that you were to stay off of the premises and not to return and

1 that there was a warning notice for the potential of trespass

2 filed against you by Sun 'N Fun with the Lakeland, Florida

3 Police Department?

4 A. We were told something to that effect, it was a very

5 confusing time, but I never received any paperwork to confirm

6 it.

7 Q. You were ejected from the property?

8 A. We were walked off the property, yes.

9 Q. By a Lakeland policeman?

10 A. Yes, I was.

11 Q. You were told to stay off the property and not to come

12 back, isn't that correct?

13 A. No, I was told to get off the property, it was Saturday,

14 the Fly-In was pretty much over.

15 Q. And then we have correspondence with your lawyer

16 confirming that you were banned from the property and the

17 correspondence has been admitted here in Court, isn't that

18 true?

19 A. We understand, sir, that there is a ban, we just don't

20 really know what's going on. Nobody is saying much.

21 Q. Did you ever live in Tulsa, Oklahoma?

22 A. Yes, sir.

23 Q. While you were in Tulsa, Oklahoma, did you assume the

24 identity of a medical doctor?

25 MR. MOODY: Objection, Your Honor, relevance,

1 remoteness, and --

2 THE COURT: What's the relevance of this, Mr. Wendel?

3 MR. MOODY: Highly prejudicial, Your Honor.

4 THE COURT: Hold on, hold on. What's the relevancy?

5 MR. WENDEL: Relevance is that Mr. Campbell --

6 MR. MOODY: Objection, Your Honor.

7 THE COURT: Wait, wait, wait, there's no jury here,

8 Mr. Moody, okay, I'm the trier of fact, and I'm the decider of

9 law, and he's got to make a proffer to me. And if it's not

10 admitted, if I ultimately don't admit it, I'm not going to

11 consider it.

12 MR. MOODY: Your Honor, may we approach on this?

13 THE COURT: Why?

14 MR. MOODY: Because we have the press here and --

15 THE COURT: And it's -- this is a Courtroom, and I'm

16 not sealing anything here, okay.

17 MR. MOODY: Your Honor, we have --

18 THE COURT: Mr. Moody, listen to me, even if you

19 approach this bench and we come up here and we whisper into

20 this microphone, those reporters are going to be able later on

21 to go to Ms. Fry and say would you please tell us what was said

22 during that bench conference. So why am I going to do that?

23 All right, let me tell you, I'm not a big believer in sealing

24 proceedings.

25 MR. MOODY: Your Honor, if I may.

1 THE COURT: What?

2 MR. MOODY: It's the sensitivity of this that, you

3 know, we're now getting ready to go into an area that has

4 nothing to do with this case.

5 THE COURT: I don't know that. How do I --

6 Mr. Moody, how do I evaluate whether it's relevant without

7 knowing what it's all about?

8 MR. MOODY: I have grave concerns, Your Honor, that

9 this stuff is privileged, that he's getting ready to go into --

10 THE COURT: What privilege? There's just a few

11 privileges that I know of. What; husband and wife,

12 attorney/client --

13 MR. MOODY: Medical testimony, Your Honor.

14 THE COURT: Huh?

15 MR. MOODY: Medical testimony concerning

16 Mr. Campbell's state of mind back how many -- 20 years ago or

17 whenever --


19 MR. MOODY: 21 years ago.

20 THE COURT: Ask the question. What was the question

21 you wanted to ask again?

22 MR. WENDEL: Your Honor, I asked him initially if he

23 ever lived in Tulsa, Oklahoma, and he said that he did, and I

24 then attempted to proceed into the area of while he was a

25 resident of Tulsa, Oklahoma, if he assumed or took on the

1 representation of himself as a medical doctor, and I was going

2 to then ask if he had treated people with that disguise or

3 whatever it was.

4 THE COURT: What's the relevance?

5 MR. WENDEL: Relevancy has to do with his

6 credibility. The relevancy has to do with the fact that we

7 believe that Mr. Campbell is an unstable personality. We will

8 be able in a full hearing to bring testimony to the Court which

9 will show that he has tampered with aircraft on the site, that

10 he has represented to people that he is carrying an ankle

11 holster with a nine millimeter weapon in it. We believe this

12 matter is one of great concern not only to Sun 'N Fun as the

13 sponsor --

14 THE COURT: Okay. Let me ask you this, do you have

15 witnesses here today? I notice that you laid the appropriate

16 foundation in terms of the weapon and the tampering. Do you

17 have someone that is going to come into this Courtroom today

18 and say, Judge, I saw that, or he made that representation to

19 me.

20 MR. WENDEL: Given the shortness of the notice of

21 this hearing, I don't know to what extent Mr. Eickhoff will be

22 able to testify about those matters that I have discussed, but

23 I can assure the Court that as late as 6:00 o'clock last night,

24 I spoke to a gentleman --

25 MR. MOODY: Objection, Your Honor, hearsay.

1 THE COURT: Well, he's just making a representation.

2 MR. WENDEL: I'm making a proffer.

3 THE COURT: He's making a proffer.

4 So you're telling me you have a witness that would

5 come in here and impeach him?

6 MR. WENDEL: Mr. Jay Jones is his name.

7 THE COURT: I don't need to know about it, okay.

8 That's fine, all right. Okay, all right, I'm going to go ahead

9 -- and obviously, I have a feeling that credibility is very

10 much at issue in this situation. Go ahead.


12 Q. Explain to the Court your impersonation of a medical

13 doctor in Tulsa, Oklahoma in the late 1970s or early 1980s?

14 A. Actually, sir, that did not occur.

15 Q. It did not occur?

16 A. Not the way you say it.

17 Q. Well, would you explain to the Court what did occur?

18 A. What occurred was as a young person, 20 years of age, I

19 had some problems based on a really strong incident and --

20 well, how do you really explain something like this. I put on

21 a white coat to see if people would look at me differently. I

22 put on my old air force reserve uniform to see if people would

23 look at me different. It was a self image problem, was a lot

24 of problems and it was over 20 years ago. And what's been said

25 and done about it has long been confused out of reality, but it

1 did happen, you know, that there were some problems.

2 Q. Mr. Campbell, you wore a white coat commonly associated

3 with the kind of a coat that a physician wears?

4 THE COURT: Okay, okay, okay, excuse me, Mr. Wendel.

5 You've asked the question, he's answered it, let's move on now.

6 Now we are getting a little far afield.


8 Q. Mr. Campbell, do you recall an administrative law

9 proceeding before the National Transportation and Safety Board

10 held on Tuesday, November 18, 1980, before the Honorable Joyce

11 Capps, an Administrative Law Judge?

12 A. Yes.

13 Q. Were you present at that time?

14 A. Yes.

15 Q. Were you present when Judge Capps permitted the testimony

16 of two psychiatrists who had evaluated you?

17 A. Actually, sir, that's untrue.

18 Q. All right, sir, then correct me, please.

19 A. One psychiatrist for the FAA had evaluated me, one read

20 his report. Five of ours said there was nothing wrong. I

21 wouldn't say nothing wrong, but nothing medically

22 objectionable.

23 Q. Do you recall --

24 A. I think the major phrase was I needed to grow up a

25 little, and I'm not going to argue with that at that time.

1 Q. You recalled Judge Capps' initial decision and order?

2 A. Yes, sir.

3 Q. Is it true that Judge Capps found that you had a

4 personality disorder that is severe enough to have repeatedly

5 manifested itself by overt acts?

6 THE COURT: Excuse me. Mr. Wendel, we're getting

7 into a very ticklish area here now.

8 MR. WENDEL: I know that, Your Honor.

9 THE COURT: Now, are you telling me that the

10 decision, the ultimate decision to exclude him from the Fun 'N

11 Sun is based in part on these matters that you're now raising?

12 MR. WENDEL: Yes, Your Honor.

13 THE COURT: Okay, all right.

14 MR. WENDEL: How would you like me to proceed? I

15 have the transcript of that Administrative Law hearing.

16 MR. MOODY: Object, Your Honor, to relevancy of that.

17 THE COURT: Well, you know, here's the situation.

18 You know, there are several issues. This has gotten -- this is

19 not as simple as I first viewed it in terms of -- Mr. Campbell,

20 you know, we're here for -- let me tell you something. Now you

21 filed a lawsuit in Polk County, it was set for hearing, and it

22 was removed here, I reviewed it and I said we're going to give

23 them a quick hearing 'cause if you don't receive a quick

24 hearing, this whole thing is moot in a week.

25 THE WITNESS: I understand.

1 THE COURT: So, recognizing my obligation, my staff

2 and I jumped through a lot of hoops, all right.

3 THE WITNESS: Yes, sir, thank you.

4 THE COURT: And I would like for you to respect that,

5 please.

6 THE WITNESS: I am, sir.

7 THE COURT: I don't want anymore flippant comments or

8 anything like that. Do we understand each other?

9 THE WITNESS: I wasn't aware I had.

10 THE COURT: Well, you just did a few seconds ago.

11 THE WITNESS: Okay, well, it wasn't meant to --

12 THE COURT: And I'm doing my best here to protect

13 everybody's interest and everybody's rights.

14 Now, what's your objection, Mr. Moody. See,

15 Mr. Moody, it seems to me that based on what I know, that one

16 of the positions that is going to be taken by the Sun 'N Fun

17 entity, if you will, is that we had good reason to do what we

18 did, notwithstanding his so-called First Amendment rights or

19 those of his corporation. And what they're trying to do is

20 they're trying to show it to me. Why isn't that relevant?

21 MR. MOODY: Well because, Your Honor, we're talking

22 about something that happened some 19 years ago. We're talking

23 about a man that has been, as he testified to earlier, has a

24 current medical certificate, is a member of the EAA and has all

25 of these credentials, and to go back and come into this Court

1 and say we're going to attack this man personally because he

2 did something back 19, 20 years ago, and we're going to

3 discredit him for that, then he should be banned from Sun 'N

4 Fun is ludicrous, Your Honor.

5 THE COURT: Well, but they seem, based on what I have

6 heard, they're supposedly well prepared to show more recent

7 incidents.

8 MR. WENDEL: That's true, Your Honor.

9 MR. MOODY: Also, Your Honor, it's hearsay. And, you

10 know, I'm not even certain that this stuff wasn't sealed at one

11 point in time according to some of the things that may have

12 been mentioned.

13 THE COURT: Well, if it was sealed, someone sure did

14 a poor job of doing it 'cause Mr. Wendel has it in his hands.

15 MR. WENDEL: We have an Administrative Law Judge's

16 order that lifts his airman's certificate because of his

17 conduct, and she specifically based that decision on the

18 testimony of psychiatrists in her Courtroom.

19 THE COURT: All right.

20 MR. WENDEL: And if that's hearsay, I don't know what

21 we're doing here.

22 THE COURT: All right.

23 MR. MOODY: 20 years ago.

24 MR. WENDEL: Yes, but we're prepared --

25 THE COURT: What is the next exhibit number, Madam

1 Clerk, please?


3 THE COURT: I'll receive Defendant's Exhibit 4.

4 MR. WENDEL: Judge, in fairness to the Court --

5 THE COURT: Yeah.

6 MR. WENDEL: -- you have taken the transcript of that

7 administrative hearing. What I was reading from is apparently

8 the order which Judge Capps put out as a preliminary order and

9 I believe, Your Honor, that to make sure that the Court has the

10 proper documentation, that the Court should permit me to give

11 to the Court what I believe to be the final order as

12 interlineated by Judge Capps.

13 THE COURT: All right.

14 MR. WENDEL: We would tender that as Number 5.

15 THE COURT: All right. Go ahead.

16 MR. WENDEL: Thank you, Your Honor.

17 Your Honor, I believe that concludes our cross

18 examination.

19 THE COURT: Redirect, Mr. Moody.

20 MR. MOODY: Briefly.

21 THE WITNESS: May I have 10 seconds with my lawyer?

22 THE COURT: You're on -- you're on the stand now.


24 THE COURT: Let him examine you and if later on he

25 wants to recall you, he can do that.

1 THE WITNESS: Okay, I'm sorry.



4 Q. Mr. Campbell, do you know why you were ejected from Sun

5 'N Fun those three times?

6 A. The first time because a fellow weighing about 360 pounds

7 came up to me in front of three people and threatened to kill

8 me on the spot. We complained to Sun 'N Fun and they kicked me

9 out.

10 Q. Was that because you had been critical of his product?

11 A. He was associated with a ring around with a manufacturer

12 by the name of CGS who has been featured in a number of

13 articles.

14 Q. So it was because of your writing that he was so hostile

15 towards you?

16 A. Among other things, yes.

17 Q. What about the other two incidents?

18 A. The second, I was in a -- I had my right leg in an

19 immobilization cast, on one of those little funky electric

20 tricycles, when a fellow by the name of R. B. Brady who was

21 running a company called Paracinder, which had in various forms

22 had taken money from somewhere between 60 and 70 people by our

23 last count and not delivered product, and he threatened to come

24 up and kick my ass, do this, do that, and literally knocked me

25 off the scooter and onto the ground.

1 Q. And was that because of your critical writings regarding

2 his product?

3 A. Oh, no question about it.

4 Q. What about the last incident?

5 A. The last incident; the morning I had attempted to talk to

6 Mr. Henderson and asked him why he come up to my booth and said

7 some things to one of my girls that made her cry, and when I

8 came up to him, he was in a little golf cart and he told me

9 something, he said, he didn't have time for this shit, and

10 gunned the golf cart to the right, I was standing on the right,

11 and ran me down.

12 I left, I said something to the security people who

13 wouldn't take the complaint. I left, got some things done,

14 went into the press office for one more last run on the press

15 releases when Mr. Eickhoff came up to me, barred my way, the

16 police came up and told me I was going to have to leave.

17 Q. What precipitated Mr. Billy Henderson in coming up to

18 you, sir?

19 A. Henderson; I came up to him to ask him, as a matter of

20 fact, my only words at that point were, Billy, why do we have a

21 problem.

22 Q. And why did -- what was the problem here to your

23 understanding?

24 A. Well, we never got that far. When he had accosted the

25 people in my booth and caused Tammy to cry and everything --

1 MR. WENDEL: Your Honor, I object to this. Unless he

2 was personally present, it's all hearsay.

3 THE COURT: Were you present, Mr. Campbell?

4 THE WITNESS: They made a phone call from the booth on

5 the cellular phone and he confirmed that occurred.

6 THE COURT: All right, go ahead.

7 THE WITNESS: And then Tammy was crying on the phone

8 and I have a high confidence in that.


10 Q. And so you approached Mr. Henderson about?

11 A. Yeah, just walked up to him, there was nobody else around

12 but a couple of people, it was Saturday, it was almost a ghost

13 town there on Saturday, everybody leaves and stuff, and I said,

14 Billy, do we have a problem.

15 Q. And Billy Henderson is the executive director?

16 A. Yes, he is, is the proper term, yes, sir.

17 Q. Mr. Henderson runs the show as Sun 'N Fun?

18 A. Yes, he's the boss.

19 Q. And do you and Mr. Henderson have really a personality

20 clash between one another?

21 A. We've had --

22 MR. WENDEL: May it please the Court, that has

23 absolutely no pertinence here at all.

24 THE COURT: All right, let's move on. Mr. Moody, you

25 have anything else?

1 MR. MOODY: Yes, Your Honor.


3 Q. Mr. Campbell, is your magazine pretty much totally

4 reliant upon you individually? There were some questions that

5 were asked whether or not, and again, about you, your magazine

6 being allowed on premises, but not you. Would that be

7 something that would be acceptable?

8 A. Well, I'm a one man show. All my freelance writers are

9 from out of town and they're freelance. I have an editorial

10 person, but she's strictly an editor, she doesn't fly, but she

11 gets the grammar right and all. And the only one right now

12 that's doing this kind of test work, at least in the

13 experimentals, is me.

14 I have a fellow who can do some of the general

15 aviation experimental work, John Mallory or Howard Free, but

16 nobody has as much experience in the experimentals as I do at

17 this point. I don't think anybody does.

18 Q. Are you in good standing with the Experimental Aircraft

19 Association?

20 A. I had a discussion with Tom Poberezny after I sent him

21 the letter --

22 MR. WENDEL: May it please the Court, the question

23 calls for a yes or no. I wish you'd instruct the witness, Your

24 Honor.

25 THE COURT: All right. Just are you or are you not

1 in good standing?

2 THE WITNESS: Yes, I think we are.

3 THE COURT: All right.


5 Q. And is the Sun 'N Fun Fly-in event, is it an EAA

6 sponsored event?

7 A. To the best of my knowledge.

8 Q. Have you ever heard any specifics other than what you

9 were cross examined on about something that happened 20 years

10 ago in the past, why you've been banned from Sun 'N Fun?

11 A. Well, first of all, Sun 'N Fun has known about the PNTSB

12 stuff for 20 years. I've discussed this with Billy, he's told

13 me I want to hear this story and that story and I've told him

14 about it. I've talked to him as much as 10 years ago about

15 this, probably a lot longer.

16 Q. And you were never banned before?

17 A. No, sir, not on that. The only time I've gotten banned,

18 per se, is the two times I have gotten clobbered or threatened

19 to be clobbered or actually gotten clobbered by Mr. Henderson's

20 go-cart.

21 Q. Now, with regard to the questioning on whether your staff

22 would be allowed to do Sun 'N Fun, in the past, how have you

23 received press credentials for getting into Sun 'N Fun?

24 A. We sent a FAX over with a list of people.

25 Q. And has Sun 'N Fun typically in the past sent your

1 corporation and your business, U. S. Aviator Magazine, a

2 package, a press package?

3 A. Yes.

4 Q. And did they ever send you one this year?

5 A. No.

6 Q. Would that have been customary as in the past?

7 A. We have sent them a FAX requesting all of our appropriate

8 people.

9 Q. And they never sent you anything like that?

10 A. We never received the press pack, we never received our

11 exhibit pack.

12 Q. Did you receive the booth?

13 A. No.

14 Q. The booth that you display your magazine in?

15 A. No.

16 Q. Present your marketing?

17 A. It was given to King School some months ago. We did send

18 them a number of letters saying, hey, what gives, where is it.

19 Q. So, in terms of your staff and USA Magazine being allowed

20 in, this would be somewhat with limitations and restrictions,

21 is that correct, to your knowledge, or you don't have your

22 booth?

23 A. I don't have my booth and it doesn't make much sense for

24 most of those people to be there without the booth. The only

25 thing we know is that -- well, that's probably hearsay, I guess

1 I shouldn't talk about that.

2 Q. Have your subscribers or readers sent you any support

3 with regard to this issue with the Sun 'N Fun event?

4 A. As of last night, 940 E-mails, FAX'es and messages for us

5 being there and 14 against.

6 MR. MOODY: That's all I have, Your Honor.

7 THE COURT: What do you want to ask?

8 MR. WENDEL: Just a couple on recross.

9 THE COURT: Just a couple. I don't generally allow

10 recross. Go ahead, just a couple.



13 Q. Mr. Campbell, you talked about Mr. Henderson.

14 A. Yes.

15 Q. You talked about some young lady in your office crying.

16 A. Yes.

17 Q. Explain to the Court that that -- wasn't it a direct

18 result of your forging the Sun 'N Fun parking passes?

19 A. I never forged a single anything.

20 Q. Are you telling this Court under oath that you did not

21 instruct an employee of yours to take a Sun 'N Fun parking pass

22 --

23 A. No, I did not.

24 Q. Let me finish the question, please.

25 A. I know where you're going, sir. I did not forge any

1 passes.

2 MR. WENDEL: May I finish the question, Your Honor?

3 THE COURT: Mr. Campbell.

4 THE WITNESS: I'm sorry, sir.

5 THE COURT: Let him ask the question.

6 THE WITNESS: I know, sir, I'm sorry.

7 THE COURT: Go ahead.


9 Q. Are you telling the Court, sir, that you did not have one

10 of your employees go to a quick print place with the Sun 'N Fun

11 parking pass and have that pass replicated on the same color

12 and kind of stock?

13 A. I did no such thing.

14 Q. You did not distribute that reproduced pass to employees

15 of your office?

16 A. I distributed no passes to anybody.

17 Q. All right, sir. Do you have any contract with Sun 'N

18 Fun?

19 A. I'm not sure that I understand the question.

20 Q. Do you have any contract at all with Sun 'N Fun, a

21 corporation?

22 A. My understanding, and I don't know if this is an implied

23 contract or verbal contract or whatever goes, and I don't know

24 what's in the contract, per se, but my understanding is that

25 any person who has a booth the previous year has the right to

1 take that booth again.

2 Q. Do you have a contract with Sun 'N Fun, Mr. Campbell?

3 A. I'm assuming I do.

4 Q. Do you have it with you?

5 A. No, sir.

6 Q. Do you have any ownership of the land on which Sun 'N Fun

7 is situated?

8 A. As a Polk County taxpayer, yes, I do.

9 Q. Do you personally or does Aero-Media?

10 A. As Polk County taxpayers, I assume we do.

11 Q. Do you have a written contract in your name or in your

12 corporation's name dealing with the land used by Sun 'N Fun for

13 the Fly-In.

14 A. Outside of the airport improvement grants and so forth

15 and so on which I don't know -- there's nothing directly with

16 us, but it does affect me as a taxpayer and an airport

17 operator.

18 Q. Do you have any lease of any of the grounds occupied by

19 Sun 'N Fun?

20 A. No, sir.

21 Q. Do you have any license to use the property utilized by

22 Sun 'N Fun?

23 A. According to the Federal Aviation Administration, yes, I

24 do.

25 Q. Do you have anything in writing, sir, that has your name

1 on it or your corporation's name on it?

2 A. I have in writing, uh --

3 Q. You have it with you?

4 A. Yes, I do.

5 THE COURT: Mr. Wendel, that's about 10, okay. I

6 know what his status is, you don't need to ask those kind of

7 questions.

8 MR. WENDEL: Thank you, Your Honor.

9 THE COURT: All right.

10 Thank you, Mr. Campbell.

11 Mr. Moody, who else do you have?

12 MR. MOODY: I have one witness briefly, Your Honor.

13 THE COURT: How brief?

14 MR. MOODY: Maybe 10 minutes.

15 THE COURT: Who is this witness?

16 MR. MOODY: I can shorten it to five minutes.

17 THE COURT: Who is the witness?

18 MR. MOODY: The witness is a former FBI agent, Tony

19 Salemme, who I can tell the Court in essence what he's going to

20 say.

21 THE COURT: No, I want to hear from him. Bring him

22 on, let's hear from him.

23 And how much do you have? How much does Fun 'N Sun

24 have?

25 MR. WENDEL: We have one witness, the president,

1 Mr. Eickhoff.

2 THE COURT: How long will he take?

3 MR. WENDEL: From our side, 15 minutes -- no, excuse

4 me, 10 minutes. I misstated. We have two witnesses,

5 Mr. Eickhoff for 10, and Gary Quill, the airport manager, for

6 five.

7 THE COURT: Okay, that's fine.

8 Let me hear from this witness, and we'll take a break

9 and come back and finish up.

10 Thereupon,


12 having first been duly sworn to tell the truth, the whole

13 truth, and nothing but the truth, was examined and testified as

14 follows:


16 THE CLERK: Please take a seat in the witness box.

17 Please state your name and spell your last for the

18 record.

19 THE WITNESS: Charles A Salemme, S-A-L-E-M-M-E.



22 Q. Mr. Salemme, would you please state your full name and

23 occupation?

24 A. Charles Anthony Salemme, I'm a private investigator.

25 Q. What did you do prior to becoming a private investigator?

1 A. I was a special agent with the FBI.

2 Q. And how long were you with the FBI?

3 A. 24 years.

4 Q. Mr. Salemme, were you ever contracted to do business for

5 Mr. James Campbell and/or his corporation, Aero-Media?

6 A. I was not contracted to do work, I was asked to serve a

7 process. I'm also a certified process server.

8 Q. And what was the nature of that business?

9 A. The nature was to serve process within the 10th Judicial

10 District for the State of Florida.

11 Q. And what person were you trying to serve?

12 A. At that time, there were a couple of people. I had 12

13 people to serve in this case and all over the United States,

14 and two of which I did serve at the Sun 'N Fun Fly-in.

15 Mr. Troyer I believe was one of them and I don't recall the

16 second one.

17 MR. WENDEL: Excuse me, Mr. Moody, if it please the

18 Court, a point of clarification, I believe when he refers to

19 this case, he does not mean the instant case before the Court.

20 THE COURT: I was going to ask him; is this a

21 different case?

22 MR. MOODY: Different case, Your Honor.

23 MR. WENDEL: Totally unrelated to this case.

24 THE COURT: All right.

25 MR. MOODY: I don't know that we need to go there,

1 Your Honor.


3 Q. But it was a lawsuit that you were trying to serve

4 process on someone there at Sun 'N Fun, correct?

5 A. That's correct.

6 Q. And who are the individuals at Sun 'N Fun that you were

7 trying to perfect service on?

8 A. Mr. Troyer is one of them, and I don't recall the name of

9 the first one I served.

10 Q. Now, were you treated, when you went to Sun 'N Fun,

11 differently than you would have expected to have been treated

12 based on your representations that you were there for James

13 Campbell?

14 THE COURT: Hold on.

15 MR. WENDEL: Excuse me, Mr. Salemme. Your Honor, I

16 object to the question, it calls for conclusions which are

17 absolutely not pertinent here. It's irrelevant and immaterial,

18 and I think he should simply tell what happened when he went to

19 Sun 'N Fun at the specific occasion.

20 THE COURT: Okay. He can tell, but I think it would

21 be appropriate for you to ask how do you feel you were treated,

22 but just comparisons --


24 Q. What happened when you went out to Sun 'N Fun for

25 Mr. Campbell's business?

1 A. Initially, it was uneventful. I met Mr. --

2 MR. WENDEL: First of all, Your Honor, could we know

3 when it occurred?

4 THE COURT: That's a good point. When did it occur,

5 sir?

6 THE WITNESS: This was in April of 1998.

7 THE COURT: Okay.


9 Q. Last year?

10 A. Last year.

11 Q. Was it during the Sun 'N Fun event?

12 A. Yes, it was.

13 Q. Continue on, sir.

14 A. I met Mr. Campbell to receive the processes and his

15 attorney at the press office of the Sun 'N Fun. I was handed a

16 pass in order to get me free access to the area so that I would

17 not be disruptive. I immediately contacted head of security, a

18 friend of mine, Police Officer Denny Phillips. Of course, he

19 knows me, and I told him what I was doing there, to serve

20 process, and he said fine.

21 I went ahead and served process on the first

22 individual that was identified to me by Mr. Campbell, and then

23 I tried to serve the second person who is the announcer for the

24 Sun 'N Fun Fly-In there.

25 Q. What was that individual's name, sir?

1 A. Mr. Troyer.

2 Q. Okay.

3 A. At that time, he was pointed out to me at the control

4 tower, the announcer's tower, so I approached there and tried

5 to serve him and he refused service, which is fine. So I was

6 going to wait for him and next thing Denny Phillips came up to

7 me and said he had been contacted by the Director saying I

8 could not serve process at the Sun 'N Fun Fly-In. Of course,

9 I'm not going to argue with the police, even though he was

10 probably out of line. I said, well, what about if a uniform

11 officer serves and he said that will be fine.

12 MR. WENDEL: May it please the Court, this is

13 hearsay. Whatever occurred between him and the police officer

14 is hearsay.

15 THE COURT: Wait a minute. This person that you were

16 talking to --


18 THE COURT: -- what was his relationship to Sun 'N

19 Fun.

20 THE WITNESS: He was director of security.

21 THE COURT: Okay. I'll overrule your objection. Go

22 ahead.

23 THE WITNESS: He -- of course, I'm not going to argue

24 with him. He said a uniform officer would be fine. So I said

25 fine, I'll leave. He said -- I said, I even asked him, you

1 know, what if I have other processes to serve. He said that I

2 would not be allowed to serve any process during Sun 'N Fun at

3 the direction of the director. So I chose to leave, not to be

4 confrontational, and I obtained a uniform officer to serve

5 Mr. Troyer.


7 Q. Do you, under Florida Law, know whether or not you had

8 the authority, legal authority to be on Sun 'N Fun premises?

9 MR. WENDEL: May it please the Court --

10 THE COURT: I'll sustain that objection. That's an

11 argument, I mean, that's an issue for me to decide here.


13 Q. Were you aware -- or strike that.

14 Were the Sun 'N Fun officials aware, sir, that you were

15 there on behalf of Jim Campbell?

16 MR. WENDEL: May it please the Court, I object to the

17 question, it does not define who the Sun 'N Fun officials are

18 and it doesn't determine how they could have been aware of his

19 presence. Unless there's a predicate laid, a foundation that's

20 appropriate, it will be absolute hearsay or speculation on

21 Mr. Salemme's part.

22 THE COURT: Did you talk with anybody affiliated with

23 the Sun 'N Fun as to why you were there other than the head of

24 security?

25 THE WITNESS: No, I did not.

1 THE COURT: Okay. Did he know why you were there?

2 THE WITNESS: Yes, he did.

3 THE COURT: Did he know who you were serving process

4 on behalf of?

5 THE WITNESS: Yes, he did.

6 THE COURT: All Right. Move on, Mr. Moody.


8 Q. Mr. Salemme, do you have a personal opinion, sir, as to

9 why you were not allowed to serve process there at the Sun 'N

10 Fun?

11 MR. WENDEL: Excuse me, Mr. Salemme.

12 THE COURT: Excuse me, a personal opinion as to why

13 he wasn't allowed to serve?

14 MR. MOODY: Yes, Your Honor.

15 THE COURT: The inference is clear because he was

16 there on behalf of Mr. Campbell. You don't have to ask that

17 question. It's a matter of argument, Mr. Moody.

18 MR. WENDEL: Thank you, Your Honor.

19 MR. MOODY: That's all I have.

20 THE COURT: You have any cross examination?

21 MR. WENDEL: If I may, Your Honor.

22 THE COURT: Go ahead.



25 Q. Who gave you the pass, Mr. Salemme?

1 A. Mr. Campbell gave me the pass.

2 Q. Where did Mr. Campbell get it?

3 A. From the press office.

4 Q. Do you know what he told the press office about you?

5 A. I don't know what he told them ultimately; what he told

6 me.

7 Q. Do you know that he represented you to be an employee or

8 agent of his magazine and therefore you were entitled to the

9 media credential pass; are you aware of that?

10 A. No.

11 MR. WENDEL: I have nothing further.

12 THE COURT: Okay. Thank you, sir.

13 Can we excuse him?

14 MR. MOODY: Yes, Your Honor.

15 MR. WENDEL: Yes, Your Honor.

16 THE COURT: Okay, thank you, Mr. Salemme, you're free

17 to go.

18 You have any other testimony or evidence, Mr. Moody?

19 MR. MOODY: May I have just one brief moment?

20 THE COURT: Go ahead.

21 (Brief Pause.)

22 MR. MOODY: That's all I have, Your Honor.

23 (Brief pause.)

24 THE COURT: All right. Mr. Moody, it is my

25 understanding you rest your presentation to this Court?

1 MR. MOODY: That's correct.

2 MR. WENDEL: Shall we proceed, Your Honor? You

3 indicated before you might want to take a break at this time.

4 THE COURT: Yeah, we've been here for what--

5 MR WENDEL: We'll be happy to proceed.

6 THE COURT: No, I understand, but you're not the one

7 who's working there on that little machine. So, all right, so

8 you have two witnesses that will take about 15 minutes?

9 MR. WENDEL: I can't imagine it will take that long.

10 THE COURT: And you're going to have some cross of

11 them?

12 MR. MOODY: Yes, Your Honor, briefly.

13 THE COURT: Okay, and I guess you both want to be

14 heard from.

15 All right, let's just go ahead and take a 20 minute

16 break and come back at 12:30.

17 (Brief recess.)

18 Okay, Mr. Wendel, please call your first witness,

19 sir.

20 MR. WENDEL: Thank you, Your Honor. We'll call

21 Mr. William Eickhoff who is the president of Sun 'N Fun.

22 THE COURT: Okay.

23 MR. WENDEL: He has not been sworn.

24 Thereupon,


1 having first been duly sworn to tell the truth, the whole

2 truth, and nothing but the truth, was examined and testified as

3 follows:

4 THE WITNESS: Yes, I do.

5 THE CLERK: Please take a seat in the witness box.

6 Please state your name and spell your last for the

7 record.

8 THE WITNESS: My name is William, middle initial A,

9 Eickhoff, E-I-C-K-H-O-F-F.



12 Q. Mr. Eickhoff, do you have a position with Sun 'N Fun EAA

13 Fly-In, Inc.?

14 A. Yes, I do. I'm president of the Sun 'N Fun Fly-In, that

15 is a voluntary position. I serve as president and chairman of

16 the board of directors and Mr. Henderson works directly for me

17 as our executive director.

18 Q. So you head up the entire outfit, is that correct?

19 A. That is correct. During the Fly-In, Mr. Henderson also

20 acts as Fly-In director.

21 Q. How long have you been a volunteer at Sun 'N Fun?

22 A. 25 years, sir.

23 Q. Prior to being president, did you occupy any other

24 office?

25 A. I have served on the board, various offices, treasurer,

1 various chairman positions during the Fly-In.

2 Q. Sir, are you familiar with the lease document which

3 entitles Sun 'N Fun to occupy and use certain properties at

4 Lakeland Linder Regional Airport?

5 A. Yes, I am?

6 Q. Under the lease, who controls access to the facility?

7 A. Sun 'N Fun, the director and myself.

8 Q. Under the lease, who controls security at and to the

9 facility?

10 A. Sun 'N Fun.

11 Q. Who in its sole discretion determines who is permitted to

12 have access to the facility?

13 A. Sun 'N Fun.

14 Q. Does the city, the State of Florida, or the United States

15 Government contribute any money directly to Sun 'N Fun?

16 A. No, sir.

17 Q. Is there any benefit to the airport itself that is not

18 shared by the general public?

19 A. No.

20 Q. Does Sun 'N Fun have any direct relationship with the

21 City of Lakeland other than being a lease holder?

22 A. No.

23 MR. WENDEL: That's it, he may inquire.

24 THE COURT: Mr. Moody.



2 Q. Good afternoon, Mr. Eickhoff.

3 A. Good afternoon.

4 Q. Sir, who provides the security out there at Sun 'N Fun in

5 the way of police forces?

6 A. Sun 'N Fun has structured on a volunteer basis, we have

7 approximately 300, 350 volunteer chairmen. Under those

8 chairmen represents about 3,000 volunteers. One chairman would

9 be recognized as a security chairman. That chairman would work

10 with a city liaison which would be a Lakeland police officer,

11 it would either be Dennis Mack or Denny Phillips.

12 Q. And, sir, are you aware of whether or not there are

13 uniform police officers at the Sun 'N Fun event?

14 A. There are uniform and non-uniform officers, at least

15 eight officers -- patrol officers that provide safety security

16 during runway activities.

17 Q. Is it your testimony then, Mr. Eickhoff, before this

18 Court that these police officers that are in uniform at Sun 'N

19 Fun are not receiving any type of compensation while they're

20 there at Sun 'N Fun?

21 A. I'm sure they're compensated by the City of Lakeland, but

22 not by Sun 'N Fun.

23 Q. But they are there directly for the purpose of assisting

24 Sun 'N Fun, is that a correct statement?

25 A. As is the Sheriff's Department, the Polk County

1 Ambulance.

2 Q. So in a way, Mr. Eickhoff, it is true that in some

3 respects, public funds are being utilized at the Sun 'N Fun

4 event?

5 A. I would say as in any other event where the security of

6 the community is a concern, the fire safety, the police safety,

7 yes.

8 Q. Okay. And are the runways that are associated with this

9 particular airport in any way utilized by the Sun 'N Fun event?

10 A. Yes, they are.

11 Q. And how are they utilized?

12 A. Take off and landing of airplanes.

13 Q. And are the airplanes on static display there at Sun 'N

14 Fun?

15 A. They are parked on lease and leased property of Sun 'N

16 Fun, yes.

17 Q. And they are part and parcel of this event, is that

18 correct?

19 A. That's correct.

20 Q. And does Sun 'N Fun participate in any air shows at the

21 airport?

22 A. Sun 'N Fun does not participate, but there are aerial

23 demonstrations and individuals that perform during wavered

24 hours.

25 Q. And that is promoted by Sun 'N Fun, correct?

1 A. Yes, as part of the convention.

2 Q. And if it was not for these aircraft coming on the

3 premises and the air shows and the static displays, really

4 there wouldn't be much at all about Sun 'N Fun, would there?

5 A. I would disagree. Sun 'N Fun is a year round activity.

6 We have 15 staffed individuals who support facilities as well

7 as at least 200 meetings year round at the various safety

8 centers, the museum complex, the school tours, things like

9 that, so I would say it's year round, but the Sun 'N Fun Fly-In

10 event which is basically we're hosting the Experimental

11 Aircraft Association members and participants as well as the

12 general public in aviation.

13 Q. Are you aware, sir, whether or not the Lakeland Airport

14 receives any Federal funding?

15 A. I'm assuming they would, yes.

16 Q. And, sir, are you aware that there is an FAA Federal

17 Aviation Administration building on the Sun 'N Fun site

18 premises?

19 A. That is not an FAA building, it's a Sun 'N Fun building

20 leased to the FAA for their exclusive use, not exclusive, their

21 use.

22 Q. So Sun 'N Fun is leasing to the FAA on premises a

23 building --

24 A. Sun 'N Fun property, yes.

25 Q. -- in which the Federal Aviation Administration can hold

1 seminars and conduct business during this aviation event known

2 as Sun 'N Fun?

3 A. Yes.

4 Q. Have you attended any of those seminars?

5 A. Yes, I have.

6 Q. And is it common for people from the public that go there

7 to Sun 'N Fun to attend these aviation seminars at the Federal

8 Aviation Administration building?

9 A. That's what it is there for, yes.

10 Q. And the Federal Aviation Administration building is, in

11 that seminar that's being utilized there, is funded by tax

12 dollars, correct?

13 A. The building is funded by tax dollars; are you saying --

14 Q. This seminar and employees from the FAA and all those

15 individuals --

16 A. Yes, they are.

17 Q. -- that are out there attending this event --

18 THE COURT: Don't talk simultaneously.


20 Q. If I may, sir, finish my question and give me just a

21 moment to finish my question before you answer, but it is your

22 understanding that taxpayer funds are being used to support the

23 FAA employees that are there at the Sun 'N Fun premises.

24 They're not volunteers, are they?

25 A. I would assume so. Can I make that assumption?

1 Q. You're making an assumption --

2 A. Federal employees are paid by the Government, yes.

3 Q. Okay. That they're not volunteers?

4 A. No, they're not.

5 Q. Does the Sun 'N Fun encourage its participants to attend

6 these FAA seminars?

7 A. The FAA seminars and all the seminars and workshops and

8 programs, yes.

9 Q. So Federal dollars really are part and parcel to the Sun

10 'N Fun event, correct?

11 A. Not directly. Indirectly, I would say.

12 Q. You would admit --

13 A. They participate and take advantage of the facilities,

14 yes.

15 Q. Has Sun 'N Fun ever received any funds from Polk County,

16 Florida, in terms of roads that go -- lead into Sun 'N Fun or

17 are on Sun 'N Fun premises?

18 A. Not to my knowledge, no.

19 Q. Sun 'N Fun has paid for all the roads that are out there

20 on the Sun 'N Fun premises to your understanding?

21 A. On the Sun 'N Fun site, yes.

22 Q. Are you at all familiar with the Federal Aviation

23 Administration rules and regulations that pertain to

24 discriminatory practices of anyone associated with airport

25 facilities?

1 A. No.

2 Q. Do you have any knowledge, sir, other than hearsay, as to

3 why my client, Mr. Campbell, is being banned from the Sun 'N

4 Fun Fly-In?

5 A. I have quite a bit of knowledge. Do you want me to

6 expand on that?

7 Q. Well --

8 A. I'm the one that made the decision all three times.

9 Q. Okay. Let's start with specifics. Let's start with

10 number one. What specifically was Mr. Campbell banned from Sun

11 'N Fun on the first time or ejected as your attorney called it

12 earlier?

13 A. Specify which was the first time.

14 Q. Well, you tell me, sir. You said you were the one that

15 authorized it.

16 A. The first time that I'm familiar with personally is when

17 in 1994, I believe it was, Mr. Campbell had entered into

18 activities which were inconsistent with proper guidelines of

19 working in the Fly-In environment. We had talked to

20 Mr. Campbell about the show and at that point in time, he had

21 had several confrontations and basically my decision was

22 predicated on a lot of the information I get as president of

23 that organization and I have to respond to in terms of who Jim

24 Campbell is and how he behaves himself.

25 At that point, he was having confrontation and it became

1 a physical confrontation. We had asked Jim to separate and to

2 not engage these people. Jim went back and engaged these

3 people and therefore I asked him to leave.

4 Q. Do you have any specifics as to who that is, sir?

5 A. As to who Mr. Campbell --

6 Q. To who was making these allegations against Mr. Campbell?

7 A. Yes, the security people.

8 Q. Security people?

9 A. That are our volunteers as well as the police officer

10 involved.

11 Q. But that's all you can identify as some confrontation by

12 Jim Campbell?

13 A. Jim Campbell's activities basically have a, you know,

14 haven't been, at that point in time, it was early, it was on

15 like three or four years that we had experience with Jim

16 dealing with the participants who were either commercial

17 attendees or whoever, where Jim was interacting with them.

18 Q. Are you aware that Mr. Campbell was very confrontational

19 with these manufacturers?

20 A. Firsthand in terms of his confrontation, we have seen,

21 and that's what led to the other ejections, basically his

22 behavior has escalated in terms of his physical and verbal

23 commentaries when he is being called on the carpet, so to

24 speak, when we're saying, Jim, come on, settle down, you know,

25 don't do these things, let's settle down.

1 Q. But you can't, other than just generally security

2 reporting these things, you can't give us --

3 A. Security and volunteers, I mean, the whole organization

4 is based on those people trying to do their jobs, and when

5 they're having to deal with people confronting each other, they

6 have to mobilize, we have to make sure that other people -- I'm

7 concerned with the safety of the individuals that are attending

8 the event, the safety of those people who, as you say, are

9 confrontational, and Mr. Campbell, I don't know what he is

10 going to do and I don't know what they're going to do. All I

11 can do is separate them and I've used caution when I have done

12 that.

13 Everytime I have ejected Mr. Campbell, I've used caution,

14 care, I talked with our attorneys, I've talked with the police

15 officers, I've warned him three times, I've asked him

16 courteously to leave several times before I made the final

17 decision. Actually, the fourth time is, officer, would you

18 please remove Mr. Campbell. I deem him as trespassing on Sun

19 'N Fun.

20 So, a couple of times, two, maybe three, it was late in

21 the day and Jim decided he was going to leave, but I mean, the

22 concerns I have is that, you may call it hearsay, but to me,

23 it's firsthand, and the perception is, is he carrying a gun, is

24 this man, you know, going to escalate in terms of his

25 activities and do things that could endanger this Fly-In.

1 Q. Let's talk about that for a moment. Mr. Eickhoff, you

2 mentioned that he was carrying a gun and --

3 A. I did not mention he was, I said I heard he was.

4 Q. Okay, and that is something that you considered in making

5 your decision to ban him, is that correct? Is that correct,

6 sir?

7 A. That would be one consideration, yes.

8 Q. That's a pretty egregious thing to carry a gun, isn't it?

9 A. No, I imagine people are licensed to carry guns.

10 Q. Did you ever present Mr. Campbell or afford him any

11 opportunity to explain that circumstance to you?

12 A. No.

13 Q. If it ever occurred?

14 A. I had no reason to bring it up.

15 Q. So you've only heard one side of the story, correct?

16 A. Yes.

17 Q. All right. Now your attorney mentioned a gentleman by

18 the name of Don Jones. Are you familiar with him?

19 A. Not necessarily, no.

20 Q. And he's the one that allegedly -- let me strike that.

21 How about Allen Statts?

22 A. No, I do not know that individual.

23 Q. So you don't really know the person whose name that made

24 this allegation against Mr. Campbell having a gun on the

25 premises?

1 A. No.

2 Q. You aware that Mr. Allen Statts is a disgruntled employee

3 of Jim Campbell's?

4 A. I said no, I don't know.

5 Q. You don't know?

6 A. No.

7 Q. That was one of your reasons for banning him?

8 A. Correct.

9 Q. You don't know if it's true or not, never been

10 investigated, correct?

11 A. To the best of my knowledge, no.

12 Q. Right. And your attorney mentioned something with

13 Mr. Campbell tampering with an aircraft. Was that also --

14 A. Did I mention that, no, I didn't.

15 Q. No, your attorney, you were here for that?

16 A. Yes.

17 Q. Did you hear that testimony?

18 A. Yes, I did.

19 Q. And did you use that in any way in formulating your

20 decision to come to the conclusion --

21 A. Not at that time, no.

22 Q. Okay, but at some point you did use that?

23 A. It became hearsay, part of the general conversation.

24 Q. Are you aware of the individual that made that complaint?

25 A. No.

1 Q. If I told you it was a convicted felon, would that

2 concern you?

3 A. Would it concern me?

4 Q. Yes.

5 A. Is he on the loose or I mean --

6 Q. Well, if I told you it was man by the name of Don Jones

7 who has been convicted of felonies --

8 MR. WENDEL: May it please the Court, I object to

9 this line of questioning. In essence, Mr. Moody is testifying.

10 There's nothing before the Court, evidentiary -- in evidentiary

11 fashion that allows you to hear the fact that he is or is not a

12 convicted felon and what's the materiality of it anyway.

13 MR. MOODY: Your Honor, if I may, the reason --

14 THE COURT: Well, it's relevant in the sense that

15 when someone gets on the stand and says they're a convicted

16 felon, I can tell the jury that they can consider that in

17 assessing the person's credibility -- excuse me, Mr. Wendel --

18 and obviously, as I understand it, Mr. Eickhoff is basing his

19 ultimate determination on all these things he heard including

20 the tampering with an airplane.

21 Is the man a convicted felon or not?

22 MR. MOODY: Yes, he is.

23 THE COURT: Do we know? Do you know, Mr. Wendel?

24 MR. WENDEL: I don't know, Your Honor. I wonder what

25 the relevancy -- we don't know if he received a pardon, you

1 know, if he is a convicted felon and where do we go from there.

2 THE COURT: Hold it, hold it.

3 Did you rely on this incident or your knowledge of

4 this incident?

5 THE WITNESS: No, Your Honor, I did not.

6 THE COURT: Well, let me ask you and why don't we cut

7 to the chase. Why at this particular point in time -- or

8 excuse me -- where's the letter.

9 I have before me Defendant's Exhibit Number 1,

10 Mr. Eickhoff, which is a letter that was sent by certified

11 mail, return receipt requested, by Mr. Wendel, the attorney for

12 Sun 'N Fun, to Mr. Clager, who I assume is the attorney for

13 Mr. Campbell, telling him, Mr. Campbell will not allowed on the

14 premises, all right. And I didn't see a copy going to you.

15 You ever seen this letter?

16 THE WITNESS: Yes, I have.

17 THE COURT: Okay. Did you have any input in this

18 drafting of this letter?

19 THE WITNESS: I will assume, yes, I did, in my

20 conversations with Mr. Wendel.

21 THE COURT: Did you direct this letter be sent?

22 THE WITNESS: Yes, I did.

23 THE COURT: Tell me why you directed that this letter

24 be sent. In essence, tell me what motivated you to prohibit

25 Mr. Campbell from coming into the Sun 'N Fun this year?

1 THE WITNESS: This year, Your Honor, was based and

2 predicated on what had happened at the last Fly-In where the

3 trespass was issued, had made the decision to pretty much draw

4 the line in the sand. His behavior in the past, he has created

5 several incidents where he's fallen down and blamed us for

6 running over him. He's chased participants around with a

7 camera, and the individuals where he has had these

8 confrontations, it's been escalating.

9 THE COURT: All right. Now, did you observe any of

10 this yourself?

11 THE WITNESS: Yes, I have, Your Honor.

12 THE COURT: What did you observe specifically and

13 when?

14 THE WITNESS: Specifically?

15 THE COURT: Uh-huh. (Indicating affirmatively.)

16 THE WITNESS: Specifically, in terms of dealing with

17 Jim, after the fact, and in my talking to him to ask him to

18 leave. At that point in time, those conversations would

19 escalate into profanity and threats to myself and the law

20 officers that were dealing with the issues. Jim could have

21 left for that day and settled things down and let the thing

22 calm down, but he's never done that, you know, other than

23 before we got into those kind of conversations.

24 I have seen specifically an incident where Jim was

25 dealing with an individual that claimed -- the individual and

1 his wife claimed he had heart problems. And she says, keep

2 that man away, he's just -- he's bothering us, he continues to

3 do that.

4 I get brought into these things, Your Honor, after

5 it's gone through the volunteers, after the security people

6 run. There's such a concern in terms of how people deal with

7 an individual like Mr. Campbell that they're afraid to do their

8 jobs, and so I have to intervene at that point, and even when

9 I'm making that decision, I'm seeking counsel, legal counsel as

10 well as the security, and so when I take these steps, I take

11 them very deliberately.

12 THE COURT: Okay. Go ahead, Mr. Moody.


14 Q. So you can't name us any specifics that you have actually

15 personally observed?

16 A. I just did.

17 Q. When you --

18 A. The incident where --

19 THE COURT: Excuse me, listen, Ms. Fry cannot

20 accurately record this hearing. You ask the question, you

21 answer it, let's not overlap, go ahead.


23 Q. Did you not say, Mr. Eickhoff, that specifically you

24 would confront Mr. Campbell after the fact?

25 A. Generally, yes, but the Judge here had asked a specific

1 incidence and I was there when I saw Mr. Campbell confront the

2 individual with the scooter and that had a heart problem.

3 Q. And in essence, what you saw was that --

4 A. That was in the past, that was not at this last Fly-In.

5 Q. How many years ago was that?

6 A. I assume probably around '94.

7 Q. And are you aware of any of the relationships between

8 that party and Mr. Campbell when --

9 A. No, I'm not.

10 Q. You're not aware of whether Mr. Campbell had written

11 something negative about that person in one of his magazines?

12 A. No.

13 Q. Are you aware that the individual, Mr. Don Jones, that

14 apparently reported Mr. Campbell tampering with an aircraft was

15 an individual that Mr. Campbell had targeted because of the Max

16 Air Kit which had killed numerous individuals?

17 A. I'm not aware of that.

18 Q. And you're not aware of the nine millimeter incident that

19 that person had reported that was a disgruntled employee of

20 Mr. Campbell?

21 A. No, I'm not aware of that, no.

22 Q. And are you aware that the pass incident that we talked

23 about, the pass, as to whether or not he had valid passes to be

24 on the premises, was that parking pass incident where

25 Mr. Campbell fired an employee as a result of that?

1 A. I'm not aware of the firing, I am aware of the --

2 Q. Now, other than seeing Mr. Campbell, after the fact, in

3 having a confrontation with him where he apparently used some

4 profanity, do you have one specific thing that you can name

5 that you observed personally that Mr. Campbell did that would

6 warrant his expulsion from the Sun 'N Fun Fly-in?

7 A. I believe that decision was made, one, based on history,

8 but did I see him personally do these things in terms of

9 fraudulently, you know, forge passes and get press credentials.

10 No, I didn't see that personally, but I have to rely on the

11 individuals that are responsible to do that.

12 Q. At any time, sir, has Sun 'N Fun or EAA discussed with

13 Mr. Campbell a joint venture involving his knowledge and use of

14 his aircraft kit plane reference book, are you aware of that?

15 A. I'm aware of it, yes, I'm a director of the Experimental

16 Aircraft Association.

17 Q. And you're aware there was some negotiations that went on

18 about a joint venture between --

19 A. I'm not aware of a joint venture, I'm aware that a sport

20 plane publication was acquired by Experimental Aircraft

21 Association.

22 Q. Are you aware that Sun 'N Fun actually -- are you aware

23 -- let me strike that.

24 Are you aware that the EAA actually after talking to

25 Mr. Campbell then worked out a deal with another kit resource

1 guide book for purposes of promoting --

2 A. I'm not aware of the negotiations, I'm aware they

3 purchased Aero Guide or something, yes.

4 Q. Which was Mr. Campbell's competitor?

5 A. I would assume so.

6 Q. Do you think that, sir, being that the EAA and Sun 'N Fun

7 is all one in the same --

8 A. I would have to correct you, EAA and Sun 'N Fun are very

9 different. Sun 'N Fun hosts a convention. Certain aspects are

10 sanctioned by the EAA which allow aircraft there.

11 Q. Sun 'N Fun certainly would have some reason not to want

12 its competitor, I say Sun 'N Fun, I mean the EAA, its

13 competitor on premises selling a book that is in competition?

14 MR. WENDEL: May it please the Court, we object to

15 this line of questioning, it's totally without the scope of

16 direct examination. We've had nothing to do with EAA and the

17 --

18 THE COURT: It is, Mr. Moody, it's, you know,

19 Mr. Wendel got up here, asked six or seven very pointed

20 questions, sat down, and you've been up here for the last 20

21 minutes.

22 MR. MOODY: That's all I have, Your Honor.

23 THE COURT: Okay. You have any redirect, Mr. Wendel?

24 MR. WENDEL: Yes, Your Honor, I do.

25 THE COURT: All right.



3 Q. Mr. Eickhoff, on how many occasions over the last eight

4 or nine years have you met with Mr. Campbell in an attempt to

5 resolve this dispute and keep it out of the Court system?

6 A. At least two or three.

7 Q. Did you fly to Winter Haven, Florida on one occasion to

8 meet with him along with Mr. Henderson?

9 A. Yes, we did.

10 Q. Did you attempt to structure meetings in the winter of

11 1995 up to the spring of 1999 to avoid this?

12 A. Yes, we did.

13 Q. And for what reason were you unable to resolve matters

14 with Mr. Campbell?

15 A. Basically, everytime we got to the point where we thought

16 we could have a meeting, Mr. Campbell escalated his activities

17 in calling county commissioners and city officials and putting

18 basically, we felt, lies on the internet and trying to force

19 things to happen. We were trying to get to a point where we

20 could sit down, but at no point did he offer any resolution, he

21 only offered demands.

22 Q. On the one occasion when you flew to Winter Haven with

23 Mr. Henderson and met with Mr. Campbell, did you believe you

24 had resolved the problem between you?

25 A. Yes.

1 Q. Did Mr. Campbell keep his word?

2 A. No.

3 Q. Would you explain to the Court what that means?

4 A. Basically, we had asked Jim not to get --

5 MR. MOODY: Your Honor, I object to this line of

6 testimony. It's pursuant to the confidential settlement

7 negotiations and has no relevancy here.

8 MR. WENDEL: The activity which occurred between

9 Mr. Campbell, Mr. Henderson and Mr. Eickhoff was confidential

10 in nature?

11 MR. MOODY: Apparently, there was some negotiations

12 that went on, Your Honor, in trying to work this thing out. I

13 don't see how that is relevant.

14 MR. WENDEL: Nor do I think it meets the test of any

15 mediation or resolution process.

16 THE COURT: I'll overrule the objection. Go ahead.

17 THE WITNESS: Repeat the question.

18 MR. WENDEL: Madam, would you mind reading the

19 question to him, please?

20 (Thereupon, the requested portion of the transcript

21 was read back to the witness.)

22 THE WITNESS: We had basically an agreement, Jim

23 would work within the guidelines, he would not be

24 confrontational with participants out there, would try to keep

25 a distance between them, and so that he would not seek out

1 these people at the event and use the event as a means to get

2 to these individuals.


4 Q. And he did not keep his word in that regard?

5 A. No.

6 MR. WENDEL: Thank you.

7 We have nothing further, Your Honor.

8 THE COURT: All right. Thank you, sir.

9 Call your next witness.

10 MR. WENDEL: Mr. Gary Quill who is outside, he's the

11 City of Lakeland Airport Manager.

12 Thereupon,


14 having first been duly sworn to tell the truth, the whole

15 truth, and nothing but the truth, was examined and testified as

16 follows:


18 THE CLERK: Please take a seat in the witness box.

19 Please state your name and spell your last for the

20 record.

21 THE WITNESS: Gary Quill, Q-U-I-L-L.



24 Q. Mr. Quill, are you employed?

25 A. Yes.

1 Q. And by whom?

2 A. City of Lakeland.

3 Q. What is your position, please?

4 A. Airport manager.

5 Q. For how long have you been the City of Lakeland Airport

6 Manager?

7 A. About 15 and a half years.

8 Q. As airport manager, are you the City's representative to

9 deal with Lakeland Linder Regional Airport?

10 A. Correct.

11 Q. Is Sun 'N Fun a tenant and an owner of property on or

12 adjacent to Lakeland Regional Airport?

13 A. Both, they are a tenant and they own land adjacent.

14 Q. Are you familiar with the terms of the lease running

15 between the City of Lakeland and Sun 'N Fun?

16 A. Generally speaking, yes.

17 Q. Under the lease, who controls access to the facility?

18 A. Their facilities, they do.

19 Q. Sun 'N Fun?

20 A. Correct.

21 Q. Under the lease, who controls security to their

22 facilities?

23 A. They would do that.

24 Q. Who in its sole discretion determines who is permitted to

25 have access to the Sun 'N Fun facility?

1 A. They would.

2 Q. Does the City of Lakeland contribute any funds directly

3 to Sun 'N Fun?

4 A. Not directly.

5 MR. WENDEL: Your Honor, that's all we have for this

6 witness.

7 THE COURT: Mr. Moody.



10 Q. Mr. Quill, are you at all familiar with the FAA's grant

11 assurances to airports?

12 A. Generally.

13 Q. And you're generally familiar as an airport manager?

14 A. Uh-huh. (Indicating affirmatively.)

15 Q. Would you agree with this statement, sir, that under the

16 FAA's grant assurances, which are part and parcel to accepting

17 the Federal Airport Improvement Program funding, the airport

18 sponsor may not discriminate against any category or class of

19 airport use?


21 MR. WENDEL: Excuse me, Mr. Quill.

22 Your Honor, we object to the question, it calls for a

23 conclusion of law. Inherent in that question is the need to

24 determine what discrimination is being talked about and that

25 discrimination is the type of discrimination that deals with

1 civil rights matters. It in no way has anything to do with the

2 private entity such as Sun 'N Fun operating a facility pursuant

3 to a lease or pursuant to ownership.

4 And it's no different than Raymond James Stadium out

5 here which is built with public monies and the Bucs lease it,

6 they have the opportunity to control and secure the premises

7 pursuant to the lease, and it makes no difference where the

8 funding comes from.

9 You can't tell Delta Airlines to go admit someone to

10 the Delta Crown Room Club at the Tampa Airport because that was

11 built with public money. And for him to be asking questions of

12 Mr. Quill in this regard calls for Mr. Quill to express

13 conclusions of law. Even if that weren't incorrect, there's

14 not the proper foundation to determine what Mr. Quill is being

15 called upon to respond to.

16 THE COURT: What are you reading from, Mr. Moody?

17 MR. MOODY: Your Honor, it's a quote from the Airport

18 Improvement Program, and also I have a comment out of the FAA

19 Compliance Handbook, FAA Order 5190.68.

20 THE COURT: Are you familiar with those documents,

21 Mr. Quill?

22 THE WITNESS: Vaguely. What he's referring to, when

23 we receive Federal grants, we have to sign a number of

24 assurances which come with every grant.

25 THE COURT: You can't discriminate on the basis of

1 race, creed, color, sex, disability, and on and on?

2 THE WITNESS: Correct.

3 MR. MOODY: And also, Your Honor, they cannot -- they

4 cannot restrict public access to the airport, they can't do

5 that. That's set out in there, too, isn't it, sir?

6 THE COURT: Can you restrict public access to the

7 airport?

8 THE WITNESS: For example, we lease areas, and the

9 tenant would make the decision as to who is served there. Of

10 course, you know, within certain guidelines, but that's their

11 conclusion.

12 THE COURT: I'm sorry?

13 THE WITNESS: For example, say we leased a company

14 that sells radios, they would have the right to determine who

15 comes in their business within the guidelines of whatever is

16 applicable under the law, I presume.

17 THE COURT: Okay.

18 MR. MOODY: That's all I have, Your Honor.

19 THE COURT: You have any redirect.

20 MR. WENDEL: I do not, Your Honor.

21 THE COURT: Thank you, Mr. -- oh, Mr. Quill, let me

22 ask you a question. What exactly, what area does the City of

23 Lakeland rent to Sun 'N Fun?

24 THE WITNESS: To lease to them, we have an area I

25 think is about 27 acres. Above and beyond that area, we have a

1 use agreement that covers the airport during Sun 'N Fun because

2 it's a huge, huge operation.

3 THE COURT: Okay. Well, does the airport shut down?

4 THE WITNESS: We close two to three hours everyday

5 for the air show.

6 THE COURT: Okay. All right.

7 MR. WENDEL: Your Honor, we have some pictures here if

8 the Court needs further --

9 THE COURT: All right. You also said they own some

10 land there?

11 THE WITNESS: They own land adjacent to the airport.

12 One tract, I think that's about 16 acres, and one tract 40 some

13 odd acres adjacent.

14 THE COURT: Okay. Where does the Sun 'N Fun actually

15 take place?

16 THE WITNESS: Generally speaking, on the south half

17 of the airport.

18 THE COURT: Which is what, the City of Lakeland leases

19 to them?

20 THE WITNESS: We lease, yes, 27 acres, but there's a

21 much larger area that the event is held in, it's a very, very

22 large Fly-In.

23 THE COURT: Okay. All right. Thank you.

24 Any other witnesses?

25 MR. WENDEL: No, Your Honor, that concludes our

1 presentation.

2 THE COURT: Mr. Moody, do you have anything further?

3 MR. MOODY: Yes, Your Honor, I would call very

4 briefly Mr. Tony Salemme for rebuttal.

5 THE COURT: About what?

6 MR. MOODY: Just to say that this individual,

7 Mr. Jones, is a convicted felon.

8 THE COURT: How does he know that? You got a

9 certified document?

10 MR. MOODY: He's an FBI agent.

11 THE COURT: I understand he's an FBI -- he's a former

12 FBI agent. But, anything he tells me, unless you have a

13 certified copy of a judgment and conviction out of some Court,

14 you know --

15 MR. MOODY: But then there's no need to call him.

16 THE COURT: I mean, what's he going to base his

17 testimony to me on; having researched some records?

18 MR. MOODY: Just well known in the criminal circuits

19 of Polk County that this guy runs with the Mafia.

20 THE COURT: And I've had a lot of FBI agents when I

21 was a defense attorney talk about the reputation of my clients

22 being well known, organized crime and all that. No, not going

23 to allow that. Anything else?

24 MR. MOODY: Then, Your Honor, if I can't call him,

25 I'd like to call Mr. Campbell very briefly.

1 THE COURT: What's he going to rebut?

2 MR. MOODY: He's going to rebut once again Mr. Jones,

3 who he is and the fact that Mr. Jones has some reason to be

4 biased against him, and the other issue would be the gun

5 incident, the nine millimeter gun incident.

6 THE COURT: Very briefly, come on.

7 MR. WENDEL: May we state our objection for the

8 record? They rested. This is testimony that could have been

9 elicited before.

10 THE COURT: Well, it could be in rebuttal. I'll

11 allow it. We've gone this far.

12 I'll remind you again, Mr. Campbell, you're under

13 oath. Go ahead, Mr. Moody.



16 Q. Mr. Campbell, you heard the testimony about the gun

17 incident?

18 A. Yeah, bizarre.

19 Q. Who is this person Mr. Jones? Is there any reason for

20 him to be biased against you?

21 MR. WENDEL: May it please the Court, this is totally

22 unnecessary testimony. We've exhausted poor Mr. Jones.

23 THE COURT: Too bad Mr. Jones wasn't here to speak

24 for himself. Why doesn't Mr. Jones like you?

25 THE WITNESS: Pardon me, sir?

1 THE COURT: Why doesn't Mr. Jones like you that you

2 claim?

3 THE WITNESS: I testified against him in Federal Court

4 in the matter in Valdosta, Georgia, on January 9 of, I think,

5 '91. We did some stories about Kit Aircraft Company that he

6 took over that subsequently was involved in the defrauding of

7 several dozen people, the deaths of two. The incident where I

8 described confronting Mr. Henderson about flying unlicensed

9 pilots with passengers is Jay Jones, his son, and one of the

10 reasons apparently that occurred is that a Sun 'N Fun director,

11 Bill McLain was his dealer --

12 THE COURT: All right, excuse me, you're rambling.

13 Mr. Jones doesn't like you.

14 THE WITNESS: Not at all, sir, he's threatened to

15 kill me a couple times.

16 THE COURT: All right. Go ahead, Mr. Moody.


18 Q. Who is Allen Statts, sir?

19 A. Well, the reason that name comes up, the first we've

20 heard beyond a brief mention of a nine millimeter, I mean, I

21 own a gun, it stays at home, it stays in the same place all the

22 time, it doesn't come out of the house. And as a matter of

23 fact, I wrote about getting it because of the Don Jones

24 incident many years ago because the Winter Haven Police

25 Department told me to get it because they were aware of the

1 threats.

2 THE COURT: Okay.

3 MR. WENDEL: Objection.

4 THE COURT: Okay, excuse me. Okay, Mr. Moody,

5 rebuttal is rebuttal. Get to the point and let's get it over

6 with.

7 THE WITNESS: I have never taken a gun to Sun 'N Fun

8 ever.

9 MR. MOODY: That's all I have, Your Honor.

10 THE COURT: Thank you. You have any cross?

11 MR. WENDEL: I have no questions.

12 THE COURT: Thank you. Thank you, Mr. Campbell.

13 All right, Mr. Moody, tell me why I should give you

14 injunctive relief in terms of ordering Fun 'N Sun to let

15 Mr. Campbell go on the premises there.

16 MR. MOODY: Yes, Your Honor.

17 Your Honor, what we're dealing here with is a First

18 Amendment fundamental right, freedom of speech argument,

19 freedom of speech, freedom of the press argument to the Court.

20 Also, we're arguing discriminatory practices as portrayed by

21 some of the conduct that has occurred out here by Sun 'N Fun

22 and these are individual private rights, Your Honor.

23 As we all know that anytime when you're dealing with

24 the fundamental rights such as the First Amendment, that Courts

25 use very strict scrutiny before they will allow these rights to

1 be trampled or abridged. Any limitation upon those rights,

2 Your Honor, the Court tries its best to not allow those rights

3 to be abridged.

4 And in this particular case, as with all injunctions,

5 this Court has the sound jurisdiction to go either way. But,

6 under the case law, Your Honor, that we have before the Court,

7 I have cited a number of cases that support that the purpose of

8 the preliminary injunction is to preserve the rights of these

9 individuals and not necessarily determine the entire merits of

10 the case. Obviously, we don't have time to do that.

11 THE COURT: Wait, wait, wait a minute. The only

12 thing that I know has been filed, unless someone didn't

13 transmit the whole file from the Circuit Court, is a petition

14 for emergency temporary injunction. Did you file anything else

15 there in Circuit Court?

16 MR. MOODY: No, I have not.

17 THE COURT: Okay. And as I read this, the only

18 relief that is being asked of me is issue an order compelling

19 them to allow Mr. Campbell to be on the premises of Sun 'N Fun

20 for the period of April 12th to the 18th, or whatever it is.

21 That's the only thing that is before me.

22 MR. MOODY: That's correct, Your Honor. Other than

23 to allow his magazine also to be there at the booth and deal

24 with the distributed magazine.

25 THE COURT: That's the only thing before me and it's

1 based on First Amendment principles.

2 MR. MOODY: First Amendment principles, Your Honor,

3 and there is support that says if you have a public facility,

4 if you have a public facility that invites people from the

5 public to attend, even though it's privately owned, but it's

6 open to the public, that under some circumstances, depending

7 upon how wide-spread it is, that under those circumstances, it

8 can become a situation where First Amendment rights have to be

9 protected. And in this particular case --

10 THE COURT: All right, and let me ask, and let's turn

11 to what I consider the seminal case here. It's called Lloyd

12 Corporation versus Tanner, and it's a decision by Justice

13 Powell out of the United States Supreme Court in 1972, found at

14 92 Supreme Court Reporter, 2219.

15 Now, the old Fifth Circuit, and I use the word old

16 Fifth Circuit in terms of the Fifth Circuit opinions that were

17 issued prior to the formation of the Eleventh Circuit because

18 they're binding upon me.

19 All right, I turn to what I call an old Fifth Circuit

20 case called Hudgens, H-U-D-G-E-N-S versus National Labor

21 Relations Board, decided in 1974, and that case is at 501

22 Federal Reporter 2d., 161. And they're discussing Lloyd in

23 this opinion and it's Judge Clark writing for the Court. And

24 he said -- what page is it. I hate getting these off the

25 computer because it's so hard to find the page number.

1 All right, I'm quoting from page 164. In Lloyd, the

2 Court upheld the right of the corporate owner of a large

3 Portland, Oregon shopping mall to apply its non-discriminatory,

4 no solicitation rule to exclude anti-Vietnam War pamphleteers

5 from the center's interior. Finding that the constitutional

6 inquiry must be broader than a simple in rem determination of

7 whether a particular shopping center is a functional equivalent

8 of a municipal business district, Lloyd established the

9 appropriate initial inquiry to be, whether the conduct

10 assertedly protected by the First Amendment was directly

11 related in its purpose to the use to which the shopping center

12 property is being put.

13 All right, how have you met that test here?

14 MR. MOODY: Well, Your Honor, there's a number of

15 ways we've met it. We've met it by the wide-spread -- if you

16 notice Lloyd, in Lloyd, the Court held that although ultimately

17 holding in favor of the shopping center, within the opinion it

18 noted that the more the privately-owned business opens its

19 doors to the public, the more his rights become circumscribed

20 by the Constitutional Rights of those who use it.

21 Now, in this case, this is different than a shopping

22 mall, Your Honor, because we have the FAA, the Federal Aviation

23 Administration there on property and we have Sun 'N Fun saying,

24 you know, come out and be involved in this forum that the FAA

25 has there.

1 Also, we have the Federal runways that are there that

2 are sponsored by Federal funds, and we have the police officers

3 who are there working for the City of Lakeland, and all of

4 these things have to be considered by the Court when the Court

5 is faced with limiting free speech.

6 Now, I can tell this Court that, you know, there are

7 a lot of people that do not like Jim Campbell, and he would

8 probably tell you that's his job. I think he would venture to

9 say to this Court, yes, I'm a smart ass and I get under the

10 skin of a lot of people. And he does, Your Honor. If you

11 recall, I think the Court was even getting a little bit

12 irritated with Mr. Campbell in the way he was making some

13 subtle comments to this court.

14 Now, should that -- should that infringe upon his

15 right to come in to this forum of aviation which is his

16 specialty, and be able to come in there and write about the

17 safety concerns of all of these kits and how these things can

18 kill people and how Sun 'N Fun, if they don't do the proper

19 procedures in limiting these kit types of aircraft, people from

20 the public can be killed. And he testified to this Court that

21 there were over 900 and something E-mails that he had received

22 in support of his writings, and now we're getting ready to

23 limit his freedom of speech.

24 THE COURT: You have to take a public opinion poll

25 now that helps guide a Court, how many people are for a

1 decision, how many people are against the decision? God help

2 us if we ever come to that in this nation. Talk about an

3 undermining of the independence of the judiciary which

4 sometimes is the last bastion of freedom in this country. So

5 don't talk about opinion polls to me, okay.

6 MR. MOODY: Sure, Your Honor.

7 THE COURT: Whether one supported him or 1,000

8 supported him, I don't care. That makes no difference to me.

9 MR. MOODY: Simply, Your Honor, I point that out to

10 show this Court that there are a lot of people out there that

11 whether rightfully or wrongfully are listening to Jim Campbell

12 and what he has to say.

13 THE COURT: Well, no question that he puts out a

14 magazine and I think it's very relevant that I admitted Exhibit

15 Number 2. I assume that people read this.

16 MR. MOODY: Your Honor, if I may, the main point here

17 is that Mr. Campbell does have a way of irritating people in

18 his speech and it has a good purpose. The good purpose is it

19 saves lives in what he's doing. And certainly, there are a lot

20 of motivations by Sun 'N Fun to keep him off the property

21 because, quite frankly, he writes negative stories about what

22 goes on out there, which is not good for publicity.

23 THE COURT: Well, that's one argument you make. The

24 other argument I'm sure I'm going to hear is that there are

25 safety considerations here.

1 MR. MOODY: Your Honor --

2 THE COURT: You're not -- you know, when you were

3 questioning Mr. Quill, you talked about the public would have

4 unlimited access based on some agreement they have with the

5 FAA. And I assume your argument is that the public should have

6 unlimited access to the Sun 'N Fun.

7 MR. MOODY: Unless there is some real cause, Your

8 Honor, and that is the next jump that they -- that the

9 Respondent wants this Court to make and the Court has heard

10 this. I mean, there are no, you know, if we take the evidence

11 that is before this Court today, we have haven't heard

12 anything. All we've heard really is from Mr. Eickhoff who he

13 admittedly said and quite candidly that it was -- he generally

14 gets involved in these things after the fact.

15 So, everything that we've heard from them certainly

16 has been hearsay and the important thing is that Mr. Campbell

17 has never ever been provided the forum in which to address Sun

18 'N Fun and say this is not true, and --

19 THE COURT: Are you saying that Sun 'N Fun -- that

20 there has to be some independent tribunal where all types of

21 due process rights are afforded to Mr. Campbell before he is

22 excluded?

23 MR. MOODY: Well, you would think so, sir, because

24 he's a member of this organization and sponsors this event and

25 --

1 MR. WENDEL: If it please the Court.

2 THE COURT: Excuse me, Mr. Wendel, let him argue.

3 I'll give you a chance.

4 MR. MOODY: For them, Sun 'N Fun and EAA to

5 unilaterally ban him from this event which is very crucial to

6 his business, is certainly something that should not happen, he

7 should be allowed to face his accuser. He has not been allowed

8 to do that.

9 In fact, all of this stuff and the majority of it is

10 untrue. You know, the only thing they could bring to this

11 Court, Your Honor, that has any substance, and I submit to this

12 Court, the Court should not consider, was something that

13 happened 20 something years ago. I mean, that is ludicrous,

14 Your Honor, he has a valid medical certificate, he has a valid

15 pilot's license, he is a member in good standing with the EAA.

16 He has every right to be there, just like every other citizen.

17 Now, Your Honor, in these cases that I've cited to

18 the Court, all of these cases say that by showing that there is

19 any interference with First Amendment rights such as the right

20 of free speech, that that gets you there to irreparable harm.

21 And we have that here, Your Honor, and so the Court has to look

22 at this case with strict scrutiny, and I would argue that

23 certainly because of the Federal funding, the fact that this is

24 such a large event, I mean, it's just a huge event, that it

25 will be unduly fair to restrict these First Amendment rights.

1 Now, Your Honor, my client I'm sure would be happy to

2 abide by any of the Court's limitations, instructions on his

3 conduct, and he would not, I can assure this Court, vary from

4 those. If the Court puts him under some kind of order that

5 restricts him from confronting individuals or carrying a

6 firearm or anything like that, I can readily assure that

7 Mr. Campbell will abide by this Court's order or will have to

8 abide by the Court's order, but to say you just flat out, you

9 cannot practice your First Amendment rights would certainly be

10 so prejudicial, Your Honor, and so contrary to our basic

11 constitutions, both the United States and the Florida

12 constitutions. Thank you.

13 THE COURT: Mr. Wendel.

14 MR. WENDEL: Yes, Your Honor, thank you.

15 May I approach the bench, Your Honor?

16 THE COURT: Sure.

17 MR. WENDEL: We have already provided Mr. Moody with

18 copies of our research, and while we are certain that the Court

19 has a firm grasp on both the First Amendment to the U. S.

20 Constitution and the 14th, to facilitate the Court, we provide

21 copies of those matters, and in addition, we provide a copy of

22 National Broadcasting Company, Inc., Plaintiff Appellee, versus

23 Communication Workers of America, which is 860 F. 2d., 1022,

24 Your Honor. And we also bring to the Court 877 F. Supp., 1556,

25 which is Dickerson, as Plaintiff, versus Stuart, et cetera, et

1 al, from the United States District Court from the Middle

2 District of Florida, the Orlando Division.

3 THE COURT: All right.

4 MR. WENDEL: Now, Your Honor, there can be no doubt

5 that the bastion of defense for these matters is this Court.

6 There equally can be no doubt that this is not a First

7 Amendment or a 14th Amendment matter because simply stated,

8 there is no state actor. And there is absolutely no way that

9 the testimony here today has allowed the Court to come to the

10 conclusion that merely because Sun 'N Fun as a tenant in

11 possession or the fee simple owner of the grounds in question,

12 either by lease or by deed, has such a nexus, has such a

13 symbiotic relationship with the City of Lakeland or any other

14 Governmental entity, that we can move into the State actor

15 relationships required for the First Amendment and the 14th

16 Amendment to be called into this.

17 The issue is not the right of Sun 'N Fun, Judge, a

18 private, non-Governmental entity, to exclude any person from

19 its property. The issue is what is the right or prerogative of

20 Mr. Campbell to assume that he has a legally sufficient

21 position to require a private entity to admit him to privately

22 owned or leased properties.

23 I mentioned to the Court before Raymond James

24 Stadium. Let's talk about Legends Field, let's talk about

25 Tampa International Airport. The matter that we have is once

1 these leases are entered into, these entities which lease the

2 property, Governmentally funded or not, have a right to

3 controls within the law.

4 So, if that is circuitous, then we must address that.

5 And one way to address it is, of course, to look at the First

6 Amendment which says Congress, so we're talking about the

7 Federal Government, shall make no law, and I will skip some,

8 abridging the freedom of speech or the press. This is a matter

9 here today where Congress is not involved, Sun 'N Fun, a

10 private entity, Mr. Campbell, a citizen of the United States

11 is.

12 The 14th Amendment then brings the First Amendment

13 into the State's consideration. And the 14th Amendment says,

14 no state shall make or enforce any law which shall abridge the

15 privileges or immunities of citizens of the United States. And

16 it goes on, nor deny to any person within its jurisdiction

17 equal protection of the laws.

18 That does not apply to private actors. And the case

19 that recites that, Judge, is that National Broadcasting Company

20 case, the NBC case. If Your Honor will look at the first page

21 down at the bottom, it's note number two, the 14th Amendment,

22 and through it the First and Fifth Amendments do not apply to

23 private parties unless those parties are engaged in activity

24 deemed to be state action.

25 And then, Your Honor, if you'll go to page four, the

1 matter comes up in the upper left hand column where the Court

2 states, we disagree with the District Court's finding that the

3 exclusion of NBC constituted state action. The 14th Amendment

4 erects no shield against merely private conduct however

5 discriminatory or wrongful.

6 The Court goes on and talks about the Supreme Court,

7 and it says, most fundamentally, this Court has held that a

8 Government normally can be held responsible for private

9 decision only when it has exercised coercive power or has

10 provided such significant encouragement, either overt or

11 covert, that the choice must in law be deemed to be that of the

12 Government. Simply stated, there are no facts before Your

13 Honor which would even suggest that in the remotest way.

14 At the bottom of that page, and I'm talking about

15 page four of the print out, Judge, the paragraph begins, in

16 this case, the City of Miami Beach neither encouraged nor

17 coerced the exclusion of NBC. In fact, NBC's complaint

18 admitted under a lease, control over access to the facility and

19 security is under the control of the lessee, and not the City.

20 Defendant in its sole discretion determines which

21 news-gathering organizations will be credentialed and permitted

22 access.

23 Now, Judge, this case comes from a convention which

24 was held in Miami in a convention center owned by either the

25 City of Miami or Dade County. The union, because of a dispute,

1 these union workers were striking NBC, banned NBC. The

2 District Court favored NBC and the Eleventh Circuit reversed

3 the District Court and mandated these particular actions

4 according to this NBC case. We believe that we are right here.

5 We're talking about a public facility, we're talking about the

6 private use of leased or owned property. We're talking about

7 this facility having no control over it exercised by the City,

8 only by Sun 'N Fun, Sun 'N Fun controlled security.

9 THE COURT: How do you square this case?

10 MR. WENDEL: I beg your pardon?

11 THE COURT: How do you square this concept with the

12 concept of Lloyd Corporation?

13 MR. WENDEL: With the concept of --

14 THE COURT: The Lloyd Corporation versus Tanner case?

15 MR. WENDEL: Well, you know, at some point you have

16 to say that people like Bill Eickhoff who spend 20 or so years

17 in doing things are not lunatics, people like Bill Eickhoff --

18 THE COURT: Now, what I'm saying --

19 MR. WENDEL: Well, Judge --

20 THE COURT: I scanned this Eleventh Circuit case and

21 it deals with the situation where you have a private entity

22 leasing from a public entity.

23 MR. WENDEL: Yes.

24 THE COURT: And the Eleventh Circuit has obviously

25 found in this situation which is almost strikingly analogous to

1 this situation, there's no state action.

2 MR. WENDEL: That's right.

3 THE COURT: No state action. But, you know, you look

4 at this Lloyd Corporation case that I cited as well as this

5 Fifth Circuit Hudgens case which I cited which deals with

6 purely private property, and I don't know how to square them,

7 to tell you the truth.

8 MR. WENDEL: Well, I think, Your Honor, when you

9 focus on the one matter that you mentioned in the Lloyd case,

10 that it established whether conduct was directly related to the

11 use to which the property was being put, and I think that is

12 probably the focus of your question.

13 THE COURT: Yeah.

14 MR. WENDEL: What is the use to which this is being

15 put? The use for which this is being put, and you heard

16 testimony saying --

17 THE COURT: So people can come out there and enjoy an

18 air show and learn all about airplanes, and I assume you have

19 airplane affectionatos gathering together and sharing

20 information and ideas and things like that.

21 MR. WENDEL: One week a year.

22 THE COURT: One week a year.

23 MR. WENDEL: You heard the rest of the testimony that

24 said that this facility is in existence the other 51 weeks of

25 the year.

1 THE COURT: I understand that.

2 MR. WENDEL: And have a staff of 15 people.

3 THE COURT: But in this situation, Mr. Campbell, I

4 mean, that is his business to go to those air shows and using

5 it as a forum, and to acquire information to disseminate to his

6 readers.

7 MR. WENDEL: Judge, he is not stopped from doing that

8 in a corporate sense. He is only stopped from doing that in a

9 personal sense because of his conduct. Mr. Eickhoff has to be

10 a bit like the Court in the sense that he has to listen, he has

11 to trust his people, he has to look at witnesses and come to

12 decisions about their credibility and based on that, make a

13 judgment.

14 THE COURT: Oh, I know that, I understand.

15 MR. WENDEL: Now furthermore, Your Honor, does the

16 Court have our pleading that --

17 THE COURT: Which one?

18 MR. WENDEL: -- we filed in response, it's called

19 Defendant's memorandum of law in opposition to Plaintiff's

20 motion for emergency hearing?

21 THE COURT: Uh-huh. (Indicating affirmatively.) I

22 have that.

23 MR. WENDEL: Judge, the local rules of this Court --

24 THE COURT: Well wait, wait, wait, don't talk about

25 the local rules of the Court, okay. This is a unique

1 situation. They filed their complaint in Circuit Court. They

2 got a hearing before a Circuit Judge and then you removed it

3 here.

4 MR. WENDEL: I did.

5 THE COURT: And because I recognize that this issue

6 would be moot unless I held a hearing either today or tomorrow,

7 I expedited everything.

8 MR. WENDEL: You did.

9 THE COURT: Okay, so I'm not going to dismiss

10 anything here on what people like to say, call a legal

11 technicality. I'm going to decide this on the merits.

12 MR. WENDEL: Judge, that's fine, but what I'd like

13 for the Court to consider, A, this corporation should not be a

14 Plaintiff and that the corporation should be dismissed because

15 it has no business being --

16 THE COURT: Is there a Florida Statute on that?

17 MR. WENDEL: I'm told by Mr. Parks, and I must defer

18 --

19 THE COURT: I know there is, isn't there, Mr. Parks?

20 MR. PARKS: Yes, sir, Your Honor. The statute which

21 I believe is 607.1421(3), states that a corporation that has

22 been administratively dissolved may not engage in any activity

23 other than the winding up and liquidating of --

24 THE COURT: That's what I thought. And if my

25 recollection serves me correct, are there some cases that say

1 that that statute prohibits a corporation from either being --

2 from either suing or defending a lawsuit?

3 MR. PARKS: I believe that was so, particularly prior

4 to the 1990 revision of the corporation statute. In addition,

5 Your Honor, we would submit that a dissolved corporation has no

6 viable property interest that ought to be the subject of the

7 extraordinary remedy of an injunction.

8 And if I may comment briefly on the Lloyd question

9 that Your Honor raised earlier, is that the Court there was

10 discussing the activities of the anti-Vietnam war pamphleteers

11 as not being consistent with the use for which the shopping

12 center was put which was to operate a commercial shopping

13 center. We would think that that is analogous here, as Your

14 Honor indicated.

15 The main reason the vast majority of people come to

16 the Sun 'N Fun exhibit, to the Sun 'N Fun Fly-In is to enjoy

17 the air show, to talk to their friends, to enjoy whatever it is

18 that goes on that is sponsored by the Sun 'N Fun organization.

19 It is not necessarily to be told that the ultra-light plane kit

20 may crash and kill you. It's not to be told that the FAA does

21 not adequately represent the public interest. It is not to be

22 told that Mr. Henderson runs over your foot with a golf cart.

23 It's to enjoy the air show.

24 And the testimony has shown that the level of this

25 activity has escalated over the years to the point that it

1 causes a potential for disruption and the organization in the

2 exercise of its private property rights and due regard for

3 public safety has elected to exclude Mr. Campbell from the

4 premises.

5 THE COURT: Okay.

6 MR. WENDEL: Judge, carrying on with Mr. Parks'

7 comments, while I understand you're not going to be overly

8 technical given the shortness of the timeframe, what do we do

9 about a bond, what do we do about security, what do we do about

10 the fact that, generally, we're talking about those four

11 requirements for the TRO concept, the likelihood that the

12 Plaintiff will ultimately prevail on the merits.

13 THE COURT: But isn't that by the boards because this

14 is it; this is it?

15 MR. WENDEL: Well, to some extent, yes, of course,

16 you're right, and that's why this has turned into to be such a

17 gun fight, if you will. But, the reality is that the inability

18 to prepare, the inability to bring a Mr. Jones here to put

19 positive testimony on is also hampered. I know you have been

20 liberal allowing proffers and I respect that and am grateful to

21 you for it, but one of the matters here, Judge, and if you

22 heard Mr. Eickhoff saying this, he's not only concerned about

23 the other people, he's concerned about Mr. Campbell's safety.

24 There are people out there who don't like him and

25 Mr. Campbell says that. We don't care what he puts in his

1 magazine. That's why I said to Mr. Clager in that letter,

2 anybody else who wants to come, have them file requests, and

3 we'll get on with it.

4 He has no expectation that because he's admitted one

5 year that he may be admitted another year. I can be removed

6 from this building because of my conduct, and banned from it.

7 I can be removed from Raymond James Stadium because of my

8 conduct and be banned from it. I can be removed from the Delta

9 Airlines Club Room because of my conduct and be banned.

10 Now, what's the difference? You've got a private

11 entity here, yes, it does put on a faction of activity which

12 allows the public to come, but how? They must buy admission

13 tickets. When you buy an admission ticket under these

14 circumstances, you're entering into the type of contract that

15 is not a property right, but it's a contract right. And if you

16 don't behave in accordance with that contract, you may be

17 removed. And in every Bucs' football game, you'll see the

18 security people remove fans who have acted inappropriately.

19 Why can't Mr. Eickhoff, as the chief executive

20 officer of this entity, come to a decision? And if he does, if

21 Mr. Campbell is being harmed financially, then have him file

22 his tort action or his breach of contract action or what have

23 you. But for the Court to sit in the stead of Mr. Eickhoff is

24 a most unusual action at this time given the fact that it's a

25 private entity.

1 This is not the City of Lakeland and there is no

2 testimony that it is. For the Court to start imposing its will

3 on what a private property owner or user has to do or to follow

4 Mr. Moody's idea that this Court can lay down some templet that

5 Mr. Campbell would have to follow, we would resist that very

6 strongly. We have enough trouble making sure that the matters

7 do not erupt, how do we prove the fact; how does a Court

8 enforce its law through some order? I don't understand that.

9 I think that if Mr. Campbell has a cause of action

10 that he should well plead it in tort or in contract. I think

11 that this entity Sun 'N Fun has the absolute responsibility to

12 its patrons to keep people whom it reasonably suspects to be

13 acting inappropriately out of Sun 'N Fun, and that is what they

14 did here. This is not First Amendment and certainly not 14th

15 Amendment.

16 THE COURT: Okay. All right, I'm going to look at

17 this National Broadcasting Company case, all right. Then I'll

18 come back, because obviously if there's no state action, then I

19 have no business being involved in this lawsuit.

20 MR. WENDEL: That's what I believe and represent to

21 Your Honor.

22 THE COURT: I have enough to handle without getting

23 involved in disputes over which I have no jurisdiction.

24 MR. WENDEL: And if I may say something, I wasn't

25 being cute, and I hope you know this, by removing this case

1 over here. They're the ones who raised in their own petition

2 these Federal issues.

3 THE COURT: I know.

4 MR. WENDEL: And I felt, okay, boys, if we're going

5 to be talking about Federal issues, let's go to the ceiling.

6 THE COURT: But, you know, there's a lot of good

7 Circuit Judges that know all about Federal issues, too. Not

8 that I was a good Circuit Judge, but I was a Circuit Judge at

9 one time myself. All right, let me do this --

10 MR. WENDEL: Will you also read our response again,

11 Your Honor?

12 THE COURT: I will.

13 MR. MOODY: Your Honor, if I may, you asked counsel

14 to see if he could square the cases, the Lloyd case and the

15 National Broadcasting Company case. I think what the Court has

16 to look at there is basically what Lloyd is saying is a public

17 place, a private place can become a public place where there is

18 state action or there is state involvement, and we do have

19 here, Your Honor, we do have these Federal buildings and

20 there's the Pell versus Crooner case which is a Supreme Court,

21 United States Supreme Court case that says, First Amendment

22 guarantees access to information and places available to the

23 general public.

24 And this is open to the general public and they're

25 prohibiting him from coming into this place because of his

1 First Amendment rights, his free speech rights.

2 MR. WENDEL: Judge, let's reflect on that. He says

3 900 people are supporting him.

4 THE COURT: Okay, listen, let me go read this

5 National Broadcasting case. I've heard all of you, and then

6 I'll come back at 2:00 o'clock.

7 (Brief recess.)

8 Okay, thank you.

9 All right, I've read this National Broadcasting

10 Company versus Communications Workers of America case, a

11 decision by the Eleventh Circuit in 1988, found at 860 Federal

12 2d., 1022, and I also Shepardized it, came across another case

13 out of the Fourth Circuit, 1995, called United Auto Workers

14 versus Gaston's Festivals, Inc. That case dealt with the Fish

15 Camp Jam which is a yearly event in Gastonia's downtown area,

16 in which they wouldn't let the United Auto Workers set up a

17 booth. And the United Auto Workers were upset and they filed

18 an action under 42 United States Code, Section 1983, alleging

19 that the festival violated their First Amendment rights by

20 denying the union a booth at the festival. They sought

21 injunction relief, declaratory judgment, damages and attorneys

22 fees.

23 The District Court said GFI was not a state actor,

24 and therefore could not be sued under section 1983 and the

25 Fourth Circuit agreed and they relied on the National

1 Broadcasting Company case and there, there was all types of

2 relationships between the festival and the city, including the

3 use of police officers for security purposes.

4 But in any event, it seems to me the key here is

5 based on the evidence that I've heard, is whether Sun 'N Fun

6 EAA Fly-In, Inc. is a state actor. And after reading the

7 National Broadcasting Company case and after reading the United

8 Auto Workers case, if I find it's a state actor, I'm just

9 flying in the face of precedent. I mean, the Eleventh Circuit

10 clearly held in the National Broadcasting Company case that

11 notwithstanding the lease between the Communications Workers of

12 America and the City that the CWA was not a state actor. If

13 they wanted to exclude NBC and their reporters, so be it.

14 And the situation before me, the undisputed evidence

15 is that Sun 'N Fun has a lease with the City of Lakeland which

16 gives them the sole discretion to determine who can come and

17 who can go. And true, you know, you have uniform police

18 officers out there providing security which I would expect, and

19 true, the FAA has a building there and they provide seminars.

20 But, based on the evidence before me, I don't find

21 that utilizing the tests that were set out by the Eleventh

22 Circuit in the -- I'll call it the NBC case, utilizing those

23 tests, that Sun 'N Fun is a state actor. One test is the

24 public function test.

25 Obviously, putting on air shows is not a function of

1 Government, never has been. There's no evidence that the

2 Government has coerced or significantly encouraged the action

3 alleged to violate the constitution in this case. Then there's

4 the -- whether -- then there's the third test is whether are

5 not there's a symbiotic relationship between the -- between Sun

6 'N Fun and the City in terms of the alleged constitutional

7 violation.

8 MR. MOODY: Your Honor, if I may --

9 THE COURT: Mr. Moody --

10 MR. MOODY: Your Honor --

11 HE COURT: Mr. Moody, time for argument is over,

12 okay. You may disagree, that's why we have got the Eleventh

13 Circuit.

14 MR. MOODY: Thank you, Your Honor.

15 THE COURT: I've read NBC and it just seems to me and

16 I'm not -- the Eleventh Circuit is binding on me. And I read

17 this Gaston's Festivals, Inc., I'll call it The United Auto

18 Workers case, and it's seems to mirror this case.

19 MR. MOODY: I'm sure Your Honor saw the Burton case.

20 THE COURT: I'm sorry, the which case?

21 MR. MOODY: In the National Broadcasting Company

22 case, they cite the Burton v Willington Parking Authority case

23 which does stand for the proposition that in that particular

24 case it involved a privately owned restaurant operating in a

25 state owned and state financed parking lot, which is similar to

1 what we have in this case, Your Honor, we have the --

2 THE COURT: I disagree, Mr. Moody. I mean, you have

3 a private entity renting from a public entity in the case

4 before me which is exactly what I have in the NBC case. You

5 know, I can read. People may disagree with my findings and

6 conclusions, that is why we have the Eleventh Circuit.

7 Sometimes they reverse me, sometimes they affirm me, but --

8 MR. MOODY: Your Honor --

9 THE COURT: But I'm making, based on the evidence

10 before me, it's my conclusion that there is no state action

11 here on behalf of Sun 'N Fun, and therefore, I need proceed no

12 further. And for those reasons, I'm going to deny the

13 Petitioner's petition for emergency temporary injunction.

14 And I will do an order adopting my findings and

15 conclusions and closing the case. And I'll do it as quickly as

16 I think so, therefore, if the someone wants to go to the

17 Eleventh Circuit and test me on this, they may do so.

18 Let's spread the word, Mr. Wendel, you remove a case

19 to Federal Court and it comes to me, you will get a quick

20 hearing.

21 Yes, Mr. Moody.

22 MR. MOODY: Yes, Your Honor, I would like to, on

23 behalf of my client and myself, thank the Court for its

24 courtesies extended. It's not very often that I have the

25 opportunity to appear in Federal Court and would -- it's been a

1 very pleasant experience, Your Honor.

2 THE COURT: And I appreciate that, and I've enjoyed

3 having you gentlemen here. I enjoyed your quick responses to

4 everything. I just felt it was necessary. I'm sure

5 Mr. Campbell is not happy with my decision, but like I said,

6 you have the Eleventh Circuit, and there may be other remedies

7 out there, I don't know, but this is not, in my view, a

8 temporary injunction was not the appropriate remedy.

9 Now, you want your exhibits back or you want to --

10 MR. WENDEL: May we approach, Your Honor, yes, I

11 would.

12 THE COURT: All right. Mr. Moody, you want your

13 exhibits back?

14 MR. MOODY: Yes, Your Honor, we do.

15 THE COURT: All right. Okay. All right.

16 MR. WENDEL: Judge, thanks.

17 THE COURT: Thank you very much.

18 (Thereupon, the proceedings were concluded.)








1 I N D E X

2 Witnesses:







1 E X H I B I T S

2 I.D. Evidence

3 Plaintiff's 1 8
Plaintiff's 2 8
4 Defendant's 1 32
Defendant's 2 37
5 Defendant's 3 38
Defendant's 4 50
6 Defendant's 5 50
























6 I, CLAUDIA SPANGLER-FRY, Official Court Reporter for

7 the United States District Court, Middle District, Tampa,

8 Division,

9 DO HEREBY CERTIFY, that I was authorized to and did,

10 through use of Computer Aided Transcription, report in

11 shorthand the proceedings and evidence in the above-styled

12 cause, as stated in the caption hereto, and that the

13 foregoing pages numbered 1 to 128, inclusive, constitute

14 a true and correct transcription of my shorthand report

15 of said proceedings and evidence.

16 IN WITNESS WHEREOF, I have hereunto set my hand in

17 the City of Tampa, County of Hillsborough, State of

18 Florida, this 19th day of April, 1999.


20 CLAUDIA SPANGLER-FRY, Official Court Reporter



23 By____________________________________




updated 08-27-1999