7-25-10 Fuerstman Denied Right to Play   On 7-13-10, I made a surprise visit to the Queen City Chess Club in Charlotte. I was warmly welcomed by Fabio Hurtado (who actually awarded me a half point bye for the first round "so I could catch up with the field!"). It was great to talk to some of my old friends whom I have not seen for some time. After all, that is a major reason why we play chess. (Incidentally, when Mr. Hurtado asked if there were any other announcements, I respectfully deferred and did not mention the CCC). During the evening, I was approached and welcomed by many members including, of all people, Randy Wheeless who extended his hand in peace; which I shook! And, it was good to see NCCA President Gary Newsom (who also approached me outside to shake hands and welcome me?! - After all, in E-mails he had personally invited me to attend on a number of occasions over the past couple of years). The following day I composed a letter to the NCCA in an attempt to close the book on previous sensitive subjects and move on to more productive things. Because of the warm reception I received at their club, I decided upon my own, to remove all of the old messages from the CCC Message Board and actually posted a public apology to Randy Wheeless! One would assume this would be enough to put an end to the issue and move on! Apparently, it wasn't? They wanted more? It seemed that within a 2 day span, after they had communicated with their "Legal Adviser," their attitudes had done a complete 180! In fact, the next day, to my astonishment, I received an E-mail from the QCCA "Executive Team" advising me that I may NOT return to participate?! Citing unfinished business of the NCCA, their assertion now is that since I renounced my membership to the NCCA, I should not be allowed to participate? What about the many other people who play in their events who either have never been members or their memberships have expired? Why should they be allowed to play, and not me? According to USCF Executive Director Bill Hall, "even after a complaint has been filed, a member still maintains all rights to participate in tournament competition until the Ethics Committee determines otherwise." In their letter they make untrue statements which have not been legally verified such as their assertion that I have violated the USCF Code of Ethics? The fact is, in the more than one year's time since this debacle began, no complaint about NM Leland Fuerstman, official or otherwise has ever been submitted to the USCF?! Furthermore, it was brought to my attention that the QCCA/NCCA have absolutely no authority otherwise to censure me or any other member of the USCF. Their only recourse was to submit a written complaint to the USCF Ethics Committee whereby that committee would decide upon whether it falls within the scope of the Code of Ethics (which it most certainly does not), notify the parties, allow them to present evidence in their defense and make a decision as to what the censure should be, if any. This, they did not do. An unfriendly follow-up E-mail from "Newsom" stated that although he and Wheeless had approached me to shake hands, it was NOT genuine and didn't mean anything?!? (Boy, you could have fooled me!?) Though I have played in many other NCCA affiliated events in North Carolina over the past year, even their club, without ever being cited for any violation of USCF Rules, they have now decided to prevent me from playing chess for personal reasons, which, according to the Official USCF Rulebook, is strictly forbidden. (Of course, that includes the Reverse Angle 19 which USCF Executive Director Bill Hall told me in a phone conversation yesterday, that he recommended that they"allow me to play!" However, contrary to his recommendation, their "Legal Adviser" is now illegally preventing me from participating in all NCCA sponsored events." Therefore, I have submitted a formal complaint to the Ethics Committee of the USCF.  (See Message #416). My good faith effort to delete those messages and actually post a personal apology has had the opposite effect that one would have expected?! I was hoping that my friendly gesture would be reciprocated. Unfortunately, their personal attacks directed at me are still posted on the NCCA Message Board. And now they are attempting to deny me the most sacred right that a USCF member has - the right to participate in tournament competition. I am deeply disappointed for the entire Charlotte chess community that the QCCA has declined my offer of peace. The Charlotte Chess Club does not censure members for writing messages on the Internet, an issue which is NOT included, nor controlled by the USCF Code of Ethics. These confederates are attempting to deny my constitutional rights to the freedom of speech and freedom of the press. Their biggest problem is that, embarrassed by their own incompetence, they are simply incapable of enduring criticism of any kind without being highly offended? And now, for the second time in his short reign as President, Newsom's administration has completely turned over the decision making function of the NCCA to their "legal adviser" who immediately issued another "gag order?!"  In effect, this allows the QCCA and NCCA officers to "cop out" and not answer any questions to members who are interested in finding out what is going on? There are many members who are simply afraid to step forward and voice their opinions for fear of reprisal similar to the public ridicule which has been directed at me and the CCC. Is this the atmosphere we want in North Carolina chess? Here, I must include a "Point of Order." According to USCF Executive Director Bill Hall, "though a few state affiliations have their own set of rules pertaining to a "state" code of ethics, they must not conflict with the USCF rules, and they MUST BE INCLUDED AND POSTED IN THEIR CONSTITUTION. Otherwise, they must conform to the USCF Code of Ethics." End of quote. (The NCCA Articles of Incorporation only mention "immoral character"and "abuse of membership privileges?!" - What does that even mean?) Simply put, the QCCA/NCCA have absolutely no authority to censure me or any other member of the USCF in good standing. And, therefore, everything which their organizations have decreed to cite and punish me, or any other member is totally NULL and VOID. For whatever personal reasons, their "Legal Adviser has gone far beyond the bounds of simply giving advice and has instead attempted to punish me and besmirch my good reputation - And, after 35 years of tireless service to the North Carolina chess community, I resent that. The NCCA "Legal Adviser" did NOT follow the process which is required by the USCF by submitting a formal complaint (one year ago) to the USCF Ethics Committee which would have guaranteed my right to "due process." Furthermore, according to the rules, now it's too late!! Nor does the NCCA have any provision for the President to simply hand over the reigns to an attorney just when the going gets tough. In a follow-up E-mail, their "legal adviser" again states that he has "total control of the decision making function of the NCCA and that all communications should go to him?" If the current President is incapable of solving problems which arise and continues to pass the buck, why not just let the "legal adviser" be the President?! Because, right now, you are all  under martial law! In an effort to prevent their members from knowing what is going on, they have NOT published one single word about this issue on either of their websites, both of which are controlled, of course, by Gary Newsom? They surely have some members who do not agree with their tactics; after all, Executive Team member Mike Eberhardinger did NOT vote to censure me! They are now overstepping their boundaries by attempting to censure me for totally unrelated political reasons?! It creates a more wholesome environment for every organization to have an outspoken critic to keep them honest; and I just happen to be that person. This is America. Every man has a right to his opinion and I am no exception. To censure me for previously criticizing the procedures by which various officers of QCCA/NCCA have operated in the past is unfair and illegal. And, according to the USCF Rulebook, messages posted on the internet do NOT constitute a violation of the USCF Code of Ethics! - They have a right to criticize me, as they have vehemently done, but, according to the rules, they have absolutely no right to sanction me or any other member of the USCF. That power is controlled solely by the USCF Ethics Committee. There is an old adage, "people vote with their feet!" The Charlotte Chess Club welcomes everyone to join us on Wednesday evenings to enjoy a great meal, participate in friendly conversation and play one tournament game of chess at 7:45pm. We don't exclude people for simply posting their opinion on the internet. I look forward to seeing many new faces at the CCC. Everyone is invited! - Hey guys, I tried... NM Leland Fuerstman