Lawyers First Letter To Jackie

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Posted by parhad ( on September 29, 2001 at 00:00:14:

>>>>When Jackie got the Fan Todds because it dawned on her all of a sudden, two weeks before the convention, that she hadn't bought more than sculpture from me, she told me I was not welcome at HER convention. I thought all along that Atour Golani was in favor of my attending, until he presented me with the contract forcing me to leave the convention. This is the letter they both received so they can't say they weren't warned. They did exactly what the lawyer(I've left out his name) warned them not to do, and worse. Let them explain their disregard, and how the "lawyers" who advised them overlooked this letter and also said it was okay to hand me a post-dated contract which was specifiaclly intended to remove me, and only me, from the convention. I'm all ears....

August 24. 2001
Via First Class Mail ^ F^,

Ms. Jackie Bejan
Assyrian American Association of San Jose
San Jose. California 95120

Dear Ms. Bejan:

I represent Mr. Fred Parhad. I write to you as President of the
Assyrian American Association of San Jose ("Association"), and individually,
to advise of his claims for breach of contract and tortious interference with
contractual relations and prospective advantage, and violation of California
statutes prohibiting unfair business practices, such as market boycotts, for
excluding him and his artwork from the convention of the Assyrian
American National Federation ("Federation"), which the Association is
organizing in San Jose.

Mr. Parhad has been a professional artist for 27 years. He is the
preeminent Assyrian American sculptor. His artwork glorifies Assyrian
history and culture. One of his monuments honoring historical Assyrian
figures stands in San Francisco's Civic Center, and others were accepted by
Chicago and San Jose, and another is planned for Detroit.

For 22 years, the Federation has agreed to show Mr. Parhad's bronze
sculptures at its annual convention. The Association subscribed to the
Federation's regular agreement with Mr. Parhad by inviting him to show
his artwork at this year's convention in San Jose, but it precipitously
withdrew an invitation you reiterated. We have your e-mailed letter
confirming the Association's acceptance of Mr. Parhad's show. You
specifically squelched a rumor that Mr. Parhad was not welcome, and
assuaged his worry by declaring firm support and encouragement.

Ms. Jackic Bejan
Assyrian American Association of San Jose
August 24. 2001
Page 2 of 3

Barring Mr, Parhad's work from this year's convention breaches the
Association's promise to show his artwork, and interferes and breaches the
Federation's 22-year agreement. His expulsion precludes the economic
advantage he earns from showing his work at the Federation's conventions,
the singular society of Assyrian-Americans from whom he has consistently
profited for many years.

Relying upon the promises of the Federation and Association, and
your word, Mr. Parhad worked to create bronze pieces and pedestals
especially for this year's convention at very substantial costs, and he has
promoted the show to his many clients. As a professional sculptor, the
annual shows offer him a unique occasion to sell his artwork to fellow
Assyrian Americans. Consequently, his foreclosure to the niche
marketplace offered by the convention would damage him financially, and
seriously discredit his reputation as an Assyrian American artist by
innuendo to the Assyrian Americans expecting to see his work.

Moreover, the Association's exclusion of the Federation's most
prominent Assyrian American sculptor belies and undermines the raisons
d'etre of the organizations. Censoring artwork demonstrating to Americans
the contribution of Assyrian history and culture to civilization indeed
contradicts the avowed purpose for which the Federation and Association
exist, and are allowed tax-exempt status. Furthermore, the exclusion of Mr.
Parhad from the convention hinders his solicitation of donations to raise
monuments to Assyrian heritage elsewhere in the United States.

So, the Association's sudden, unreasonable turnabout appears to be
moved not by the stated purposes of the organization, but by an personal
animus that you explicitly repudiated in reiterating the Association's
invitation to reassure Mr. Parhad. In this connection, the only intervening
event that could have affected the seemingly sincere goodwill expressed in
your letter was the Association's failure to erect a monument in San Jose.

Although the facts I present raise meritorious common law claims,
and indicate acts violating California's antitrust and unfair business
practice laws. Mr. Parhad does not wish to instigate costly litigation. He
only wishes to show his work as he has for years. You may avoid being

Ms. Jackie Bejan
Assyrian American Association of San Jose
August 24. 2001
Page 3 of 3

sued by promptly withdrawing the Association's objection to Mr. Parhad's
participation at the convention, and delivering him via courier an invitation
to attend and show his artwork.

Very truly yours,

cc: Mr. Atour Golani

President, Assyrian American National Federation

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