The following is the full text of the letter received today from Henry W Kenney, representing the
November 16, 2001
Mr. J. Keith Hardie, Jr
Attorney at Law
757 St. Charles Avenue, Suite 304
New Orleans, Louisiana 70130
Re: Organization of Save Audubon PArk
I want to reiterate to you the contents of my correspondence of November 12th,
2001 concerning the use by your organization of the name of the public park
("Audubon Park") in your organization's name. The
Corporations Law, LSA-R.S. 12:204.1, specifically
restricts organizations, such as yours, from using the name of a public park in
such a way that would deceptively, or falsely imply, or otherwise suggest, that
non-profit corporation has been organized for the financial benefit of the park
whose name was incorporated in the organization. The organization that you
incorporated on October 15th, 2001 clearly incorporates the name "Audubon Park"
in its name. We believe that the mere use of the name of "Audubon Park", coupled
with the fundraising activities of your organization, including those contained
on your internet website, Save Audubon Park.org, violate this provision of the
law. On behalf of the Audubon Commission, the administrators of Audubon Park, we
call upon your organization to immediately remove the name "Audubon Park" from
your organizational structure and Articles of Incorporation. We also call upon
you to remove any references which are contained in your fundraising efforts on
the internet, including your website, Save Audubon Park.org, to the name Audubon
The name "Audubon Park" enjoys an exceptional reputation local (sic), nationally
and, indeed, worldwide. The Audubon Commission will not allow the misuse of its
name as detailed above. The Audubon Commission places your organization, as well
as the individuals who pursue the misuse of its name, including your Board, on
notice that it will hold those people personally responsible for any misuse of
its name. I mention this since you informed the Court on Tuesday, November 13th,
2001 that you formed this organization to "shield" the individuals from any
liabilities for their deeds. I strenuously disagree that the formation of
this organization will shield any individual from their liabilities incurred in
connection with this misuse of Audubon Park's name.
The Audubon Commission welcomes input from individuals and organizations
regarding its projects. In fact, some of the input from individuals in your
group has been helpful in the recent changes in the golf clubhouse size and
location. However, we are sure that you will understand that it is important for
the Audubon Commission to protect the name and reputation of Audubon Park.
Please comply with these requests immediately.
Henry W. Kinney
We feel that this letter is baseless.
In case we are forced to remove the words "Audubon Park"
from the name of our organization and website, we are launching a competition to find a new name.
Anyone who would like to suggest a new name for SaveAudubonPark is invited to do so at SaveAudubonPark@yahoo.com
Some early suggestions include