Nashville, TN 37243-0900

Dear Ms Smith,

        Thank you for speaking to me again regarding the ongoing incidence of Mid-America Apartment Management Company’s repeated, persistent violations of Federal Law, Tennessee Law, HUD Regulations and which have now been extended to include violation of the right to freedom of speech and association under the First Amendment of the U.S. Constitution, and to the right to due process of law under the Fourth Amendment. This is my fourth complaint in the past year against this criminal enterprise.

        As I reported to you by phone on February 13, 2008, I created and manage a website for The MacDonnell Of Leinster Association, a non profit, charitable and educational organization dedicated to the preservation, restoration and promotion of Gaelic language and culture. I am the "Seannache" (Clan Historian) for the association. Our website may be viewed at http://macdonnellofleinster.org.

        Broadway Towers, where I live, maintains a computer room for use of the tenants, employing six computers donated by Saint Mary’s Hospital, which are connected to the internet. I do not usually use these facilities since my activities require a more sophisticated system. However, on February 13, I had occasion to log on to my URL address in the computer room in order to show something to one of my neighbors. To my extreme embarrassment, rather than displaying my website, a screen appeared in large red letters saying, "Access Denied," and giving some claim of "security." I had heard that, last summer, the computer room had been shut down for six weeks, ostensibly because someone had been logging onto pornographic websites, and that "security" had been installed to forestall any further alleged transgressions. In fact, management installed a system to censor what residents could read in violation of the First Amendment of The Constitution, as evidenced by the fact that "The MacDonnell Of Leinster Association" was included among those websites deemed to have "unacceptable" content.

        We invite you to visit our website at http://macdonnellofleinster.org and judge for yourself whether or not our content is in any way a threat to the morals or good order of the Broadway Towers community. It is true that we are an organization generally sympathetic to The Democratic Party, although some of our supporters are Republicans, and that we exposed crimes of the Bush Administration on our editorial page more than a year before it became fashionable to do so. It is also true that, even though we also have supporters who are British, we have similarly exposed crimes against Clan Donald by the British Government, including genocidal murder of MacDonnells in Ulster and elsewhere. However, every word of our website content is soundly researched and true, by any reasonable academic standard, or properly disclaimed as unproven. In fact, a fundamental goal of our association is to correct the historical record and to finally provide the truth of their heritage to our youth.

        Upon being made aware of this defamation of our organization and of my personal character, I immediately went to the office and demanded that the block be removed. In a cool and aloof manner which appeared well rehearsed, Manager Barbara Everence responded that she had no knowledge of the block and that it was done by "The Security Company." I replied saying, "You hired them, you gave them access to the computers, and you are responsible for this infringement on my rights, and for this defamation of my character." Ms Everence made no further reply. She did not disclose the name of the security company, did not offer any justification for their action, or offer any abatement of the defamation.

        I have never been informed that any action by me or my organization was deemed unacceptable, or given any opportunity to defend my actions, or to correct any unacceptable content. Generally, after this "security" (censorship) system was installed some six months ago, no notice of standards or procedures established was furnished to tenants, nor was there any modification or addendum made to our leases. Neither is there any mention of these security measures in the lease renewal I recently received.

        Rather, I am informed, believe and therefore allege, that the sole reason for blocking The MacDonnell Of Leinster Association website was further retaliation against me personally for my previously having filed three complaints against Mid-America Apartment Management Company and its employees, agents and assigns. I also vehemently protest the assumption by the landlord, without any color of law, of the authority to impose moral standards on its tenants and to, in any way, censor what they may read, write or say. It is typical of these arrogant bullies, that they would stretch their responsibility to protect tenants into a right to deny tenants’ constitutional rights.

        In addition, I must point out, that even though all of my previous complaints have been upheld and admitted to in writing by Mid-America; and although Knoxville police, the Knox County Attorney General and the US Attorney have all been advised of these ongoing crimes, they have all refused to prosecute and no one has been punished. No one has been fired, suspended, jailed, fined or given any incentive to cease and desist their criminal activities and abuse of their elderly tenants.

        I understand that your authority is limited, and that you do what you do very well. However, this time, abatement, although necessary, is not sufficient. I therefore intend to post this complaint on our website and to notify, not only our members and supporters of the incident by e-mail, but also to include all the more than 2,000 Democratic Party officeholders and staffers for whom I have e-mail addresses, all across the United States, from Maine to Hawaii, as well as all the media, national and local. If I can’t get our local officials to enforce the law because it is right to do so, then perhaps, in an election year, I can coerce them into doing their jobs with self preservation as their motive.

        May I, once again, thank you for your unfailing courtesy, concern, and continuing effective advocacy.

                                                                                                    Sincerely,

 

                                                                                                    John McDaniel

CC:  Ms Robbie Bishop, Mid-America Apt Mgt Co