Vietnamese Fishermen's Ass'n v. Knights of the Ku Klux Klan

MEMORANDUM OPINION AND ORDER

Introduction

This is an action filed on April 16,1981 by an organization of Vietnamese Fishermen and individual Vietnamese fishermen against the Knights of the Ku Klux Klan, the Grand Dragon of the Ku Klux Klan in the State of Texas, certain unknown members of the Ku Klux Klan, the American Fishermen’s Coalition, various alleged members of that coalition, and several individual American fishermen alleging violations of various federal and state statutes.

Specifically, the plaintiffs allege that the defendants have violated their rights under several civil rights statutes: 42 U.S.C. §§ 1981, 1982, 1985(c), and 1986; the Thirteenth and Fourteenth Amendments to the United States Constitution; the Sherman Act, .15 U.S.C. §§ 1, 2, 15, and 26; the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1962 and *1000 1964; and the common law torts of assault, trespass to personal property, the intentional infliction of emotional distress and intentional interference with contractual relations. In addition, the plaintiffs allege in their Second Amended Complaint that defendants Louis Beam and the Knights of the Ku Klux Klan have violated their rights under Tex.Rev.Civ.Stat.Ann., art. 5780 § 6 (Vernon). Relief by way of preliminary and permanent injunction has been requested as well as a declaratory judgment.

The plaintiffs seek a preliminary and permanent injunction enjoining the defendants generally from engaging in any activity, including unlawful acts of violence or intimidation, conducted for the purpose of interfering with the rights of the Vietnamese fishermen prior to and during the shrimping season, which begins on May 15, 1981. 1 In particular the plaintiffs request this Court to restrain the defendants from undertaking:

(a) activities undertaken with the purpose of interfering with the rights of the plaintiff class at issue in this case;

(b) unlawful acts of violence or intimidation against the plaintiff class;

(e) engaging, or inciting others to engage in acts of boat burning, armed boat patrols, assault and battery, or threats of such conduct;

(d) maintaining or conducting or attending military or paramilitary camps and giving or receiving military or paramilitary training except from military institutions operated by the state of Texas or United States government.

The plaintiffs also request this Court to require the conspicuous posting of all Orders as the Court may issue at all meetings and meeting places of any or all of the defendants and to appoint additional United States Magistrates and deputies to prevent the violation of any Orders of this Court.

The plaintiffs’ class of Vietnamese fishermen was certified by agreement of all parties on May 8, 1981. The class is defined as “all Vietnamese fishermen in the Galveston Bay, Texas area” and may be maintained under Rule 23(b)(2) of the Federal Rules of Civil Procedure. The defendants’ Motion to Dismiss has previously been denied by Order of this Court on May 11, 1981. The Vietnamese Fishermen’s Association and the named Vietnamese plaintiffs clearly have standing to represent the plaintiff class. Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 2197, 2211, 45 L.Ed.2d 343 (1975), NAACP v. FPC, 425 U.S. 662, 96 S.Ct. 1806, 48 L.Ed. 284 (1976); NAACP v. New York, 413 U.S. 345, 93 S.Ct. 2591, 37 L.Ed.2d 648 (1973). The testimony and documentary evidence received during the hearing on the Motion for Preliminary Injunction makes it absolutely clear that the claims are justiciable.

The defendants’ Motion to Disqualify this Judge was denied after a hearing on May 7, 1981. A separate Memorandum and Order has been entered regarding that motion.

The Court conducted a hearing on the plaintiffs’ Motion for a Preliminary Injunction on May 11-14, 1981, during which both the plaintiffs and the defendants presented evidence and oral arguments. Upon the. conclusion of said hearing, the Court issues the following Memorandum Opinion and Order.

It is well settled that in order to obtain a preliminary injunction the plaintiffs must prove that: *1001 See Spiegel v. City of Houston, 636 F.2d 997 (5th Cir. 1981); Buchanan v. United States Postal Service, 508 F.2d 259, 266 (5th Cir. 1975); Allison v. Froehlke, 470 F.2d 1123, 1126 (5th Cir. 1972). See generally Wright & Miller, Federal Practice & Procedure, § 2948. In view of these requirements, the Court will consider each of the causes of action asserted by the plaintiffs to determine whether they have met their burden.

*1000 (1) they have a substantial likelihood of prevailing on the merits;

(2) there exists a substantial threat of irreparable injury if the injunction is not granted;

(3) the threatened injury to plaintiffs outweighs the threatened harm the injunction may cause the defendant; and

(4) granting the injunction will not dis-serve the public interest.

*1001 THE FACTUAL SETTING

On or about January 24, 1981, defendant Fisher was introduced to defendant Louis Beam, Grand Dragon in the State of Texas of the Knights of the Ku Klux Klan (hereinafter KKK or Klan), by defendant James Stanfield a member of the Original Ku Klux Klan of America. (Stanfield Depo. at 13) The admitted purpose for this introduction was for defendant Fisher to secure support of Louis Beam and the Klan in order to further the purposes of a group of American fishermen who were ostensibly concerned about “over fishing” in the Kemah-Seabrook area of Texas. Defendant Fisher considered that the Klan was an organization that had the “courage” to stand by their convictions and would provide needed publicity to draw the attention of various governmental agencies he felt had failed to address his concerns. This meeting resulted in a rally that was held on February 14, 1981 on the property of defendant Joseph Collins that is located in Santa Fe, Texas. Defendant Joseph Collins leased this property for that purpose for a $1.00 payment from Mr. Stanfield. Defendant Fisher testified that he contacted defendant Beam to speak at the rally. Defendant Beam brought with him to the rally approximately 13 men who he refers to as his “security force” who were dressed in military garb and he gave a speech at that rally. He stated in substance that he would give the government 90 days 2 to rectify the situation, (referring to the presence of the Vietnamese fishermen in the Kemah-Seabrook area) and if that was not accomplished the Klan would take action stating it “may become necessary to take laws into our own hands.” He admitted stating in his speech that it was necessary to “fight fight fight” and see “blood blood blood” if this country was to survive. That rally was covered extensively by the news media. At that same rally, Beam demonstrated how to burn a boat. A cross propped with the aid of a pickup truck of defendant Joseph Collins was also burned at the rally. On that evening, defendant Beam offered to train American fishermen at one of the “military camps”, later referred to as “locations” during his testimony in Court.

On March 15,1981, a “boat ride” was held in the waters surrounding the Kemah-Seabrook area. The boat was owned by defendant Joseph Collins and was navigated by defendant David Collins. The boat was the shrimping boat used by defendant Joseph Collins in his business, and by his own admission it is hardly a “pleasure craft.” Defendant David Collins denies that this boat ride was planned in advance and testified that it was essentially a spontaneous event taken because it was a beautiful day. However, Mr. Emery Waite, a seafood retailer and processor in Seabrook testified that he had heard about the impending boat ride a day or perhaps a week before the boat ride actually took place. Several persons who were on that shrimp boat on March 15, 1981 wore robes of the KKK, some also wore hoods and most were visibly armed. The boat was equipped with a small cannon and a figure hung in effigy. Defendant Stanfield was present on the boat and wore a Klan robe and hood. Other persons who through testimony were clearly identified as being members of the Klan were also on the boat. Defendant Beam testified that he was informed of this boat ride shortly before it occurred and gave his approval to a member of the Klan to wear robes and bear arms, but admonished the members to refrain from any violence. Defendant Fisher, however, testified *1002 that he considered being armed a threat of violence. Other persons who viewed, participated in or heard of this boat ride acknowledged that this display would be fearful and intimidating to Vietnamese fishermen. Indeed, Joanne Oliphant-Curren, a reporter who was invited by David Collins to join them in the boat ride testified that she was “scared.” By way of explanation she stated that the presence of robed, armed Klansmen on the boat might incite others to respond in a violent way and acknowledged that if she were a Vietnamese fishermen she would be afraid by such a display. Not only did she testify to this effect, but she reported the account of the boat ride in the April 22, 1981 issue of the Santa Fe Express News (Plaintiffs’ Exhibit No. 38). She reported that “Collins steered the boat out into the bay well past the mile marker and the Klansmen fired their small cannon (Plaintiff’s Exhibit No. 38). Everybody else had their fingers in their ears, but I was snapping pictures and the cannon blast left me nearly deaf for a few moments.” The account in the newspaper further related the following: “Let’s hear it for the American fishermen, David Collins shouted and the fishermen cheered.”

Defendant David Collins acknowledged that the purpose of the boat ride was to gain media attention, asserting “violence sells stories.” Defendant Fisher testified that defendant Beam had informed him that one of the persons on this boat ride was a Klansman involved in the Greensboro, South Carolina shooting during which members of the Communist Workers Party were killed during a confrontation with members of the Ku Klux Klan.

Members of the class who testified by deposition also expressed fear because of the presence of the shrimp boat loaded with robed and armed Klansmen. Colonel Nam Van Nguyen testified that he was especially frightened by the weapons that were carried by the persons on the boat and the figure that was hanging in effigy on the boat' (Nam Depo. at 54). He also testified that the boat came right to his dock and stopped there for about four or five minutes and someone on the boat gestured toward his house (Nam Depo. at 55). Colonel Nam’s sister-in-law, Phuong Pham, was present in his house when the boat approached and she saw persons wearing white robes. This so frightened her that she took her infant niece and ran from the house to a nearby relative’s home. Although Miss Pham had previously lived with Colonel Nam, since this incident, she testified that she is too fearful to spend the night in that house. (Pham Depo. at 7-11)

Mr. Jerry Walzel, State Game Warden for the Texas Department of Parks and Wildlife testified that “fortunately” he was not on duty on the day of the boat ride; fortunate because if he had been in the area, undoubtedly he would have received a complaint of possible violations of water safety regulations and if he had tried to board the boat it would have been “like throwing a spark on gasoline.” He explained that he would be the spark and the armed Klansman the gasoline. In his opinion, the presence of armed Klansmen aboard shrimp boats would cause violence. That view was concurred in by the Chief of Police of the City of Seabrook. R. W. Kerber testified that he did not expect violence at the opening of the fishing season on May 15, 1981 because there had been no violence the previous year, but admitted that based on his 27 months service as the Chief of Police with extensive contacts with members of the community, he would have no doubt that Vietnamese fishermen would be fearful if there is Klan presence on May 15.

Chief Kerber testified further that the tension between Vietnamese and American fishermen did not stem solely from fishing conflicts. According to Chief Kerber, some American fishermen believe there are just too many Vietnamese people in Kemah-Seabrook and therefore these individuals will only be satisfied when some of the Vietnamese leave the area.

Mr. Louis Beam, the Grand Dragon of the Knights of the Ku Klux Klan of Texas testified about the history of his organization. Mr. Beam stated that the Knights of the Ku Klux Klan of Texas opened a public *1003 information center in Pasadena, Texas in 1975. Prior to that time, he originally joined the United Klans of America in and about April of 1969 immediately after returning from Viet Nam. (Beam Depo. p. 12) According to Mr. Beam’s testimony, the United Klans of America was “destroyed” by “government subversion” in 1971. Consequently, in 1973, Mr. Beam helped organize the Original Ku Klux Klan in the state of Texas (hereinafter referred to as the “Original Klan”). (Beam Depo. p. 13)

At trial, Mr. Beam testified that the Original Klan received permission from now former Grand Dragon of Louisiana, Robert W. Fuller, to use the Original Ku Klux Klan of Louisiana’s charter. Mr. Beam testified that although the aims of the Louisiana and Texas organizations were different, the Original Klan was incorporated under the laws of Louisiana.

Sometime in late 1974 or early 1975 Mr. Beam advised all the members of the Original Ku Klux Klan of Texas to withdraw their membership from that Klan and affiliate themselves with David Duke’s Knights of the Ku Klux Klan out of Metairie, Louisiana (hereinafter referred to as “the Knights”). Mr. Beam subsequently abandoned the charter the Original Klan had operated under and adopted the charter utilized by the Knights. The Knights of the Ku Klux Klan is a national organization and David Duke’s group is incorporated under the laws of Louisiana. The Texas Knights of the Ku Klux Klan, of which Mr. Beam is the Grand Dragon, is an unincorporated association. Mr. Beam testified that the goals and objectives of the Texas Knights of the Ku Klux Klan are consistent with those of the Knights. However, he stated he felt the Texas Klan had some unique goals which were not reflected in the national organization.

Mr. Beam refused to reveal the names of the current officers of the Texas Knights of the Ku Klux Klan (Beam Depo. p. 15), and ordered destroyed all records which contained any names of the members of the organization.

The record is replete with provocative statements made by various defendants in this action. Defendant David Collins testified by way of deposition and reaffirmed at trial that he planned to have an armed Klansman on his boat on May 15, 1981. (Collins Depo. at 32, 33) Jim Craig owner of the Old Harbor Seafood House testified that he has 43 boats owned by Vietnamese fishermen docked at his establishment, referred to as the “Saigon Harbor”. He testified about a conversation during the Fall of 1980 with defendant Fisher. According to Mr. Craig, Mr. Fisher told him to “watch your boats — they’re easy to burn.” At trial Mr. Fisher testified that Mr. Craig’s memory of the conversation was better than his and did not deny making this statement. 3

It is uncontroverted that defendant Fisher stated that it would not bother him if the Klan burned all of the [Vietnamese] boats; further adding that the Klan were the only ones with the courage of their convictions. He added that a certain number of Vietnamese boats would have to be taken out of the water and destroyed. At the rally on February 14, 1981, defendant Fisher publicly stated that “we’re going to help [Vietnamese fishermen] to control themselves.” At trial defendant Fisher equivocated with respect to some of the statements that were attributed to him. For example, he was quoted by the press as saying that he planned to have a squadron of the American fishermen trained at the Klan’s paramilitary training camp and that he currently had a group of 50 to 60 American fishermen in training. When confronted with this statement, Mr. Fisher responded that he was “lying” to the press. Mr. Fisher testi *1004 fied that it was “possible” that he had stated that anyone who traded or did business with or aided or assisted Vietnamese were his enemies. However, defendant Fisher did not deny announcing that his “organization” would put armed men on the boats on May 15, 1981 if requested. (Fisher Depo. at 94) It should be noted that a few of these statements were made during the taking of depositions on or about May 2, 1981 and when Mr. Fisher testified on or about May 11 and 12, he admitted making those statements but said that he no longer felt that way.

A woman who lives in the Galveston Bay area had allowed a Vietnamese fisherman to use one of her docks for approximately two years. She testified that in January, 1981 she received a card in the mail, signed by the Knights of the Ku Klux Klan which read: “You have been paid a ‘friendly visit’ do you want the next one to be a ‘real one.’ ” She also received three threatening phone calls. The first asked if she knew where her children were; the second was a threat to burn her boat; the third, stated that she would die that night. Mr. Dang, a Vietnamese fisherman, testified that approximately four weeks ago an American pointed a gun at him while he was on his shrimp boat. Miss Do Thi Doi who is a shrimp seller and married to a Vietnamese fisherman testified that six weeks ago two American men drove up in a truck and pointed a gun at her. She testified that unless there is some solution to the conflict between the American fishermen and the Vietnamese fishermen her husband will not take out their shrimp boat on May 15, 1981 because she is afraid that he will be killed.

The plaintiffs have alleged that defendants Beam and the Knights of the Ku Klux Klan have operated one or more military or paramilitary training camps in the State of Texas in violation of Tex.Rev.Civ.Stat.Ann., art. 5780, § 6 (Vernon). The plaintiffs introduced a videotape depicting defendant Beam instructing persons dressed in military type uniforms in the art of psychological warfare, ambush and counter ambush, reconnaissance patrol and other types of military movements. (Plaintiffs’ Exhibit 35) 4 Defendant Beam has referred to the group of persons who will receive his training as the “Texas Emergency Reserve.” He testified that in addition to civilians, he trained persons who were currently members of the armed forces. The Texas Emergency Reserve has a flag which it uses as an emblem of its organization. A witness with considerable military experience testified that after viewing the entire film footage (approximately four hours of Beam’s training sessions) he considers that Beam is training a viable military organization, for it has a command structure, has discipline and is being trained to act as a military unit. In his opinion, this is not the type of training that is provided for survival, but is training to act in a combat role.

Most defendants testified at trial that any assertions they made regarding an explosive situation in the Kemah-Seabrook area and the potential for violence or the need for an armed Klan sea patrol on the opening day of shrimp season, May 15, were no longer valid. Defendants testified that the primary purpose for inviting the Ku Klux Klan to speak on the behalf of American fishermen, was merely an attempt to gain media attention of the plight of the American fishermen because state, federal, *1005 and local officials had attempted to “whitewash” (Joseph Collins Depo. at 9), the complexity of the nature of the conflict between the American and Vietnamese fishermen. The defendants stated that over the past year and a half to two years they had attempted to present their concerns to Austin with the hope that the Texas legislature would enact legislation designed to curtail the number of boats allowed to fish in the Galveston Bay. According to the defendants, such legislation would significantly decrease the amount of tension that exists between the American and Vietnamese fishermen, and would diffuse any explosive situation that may exist in Kemah-Seabrook. Defendants testified that they understood that the Texas legislature had passed a “limited entry” bill, which was awaiting the Governor’s signature, and that another bill establishing a 2:00 p. m. curfew for fishing in the Bay was to be passed shortly by the Legislature. Defendants testified that the existence of this legislation had considerably lessened the American fisherman’s concerns about over fishing in Galveston Bay and therefore they did not anticipate any violence or threats of intimidation to occur when the May 15th shrimping season opened.

Mr. Ken King, a legislative assistant to State Representative Lloyd Criss, testified about the status of these two pieces of legislation. 5 Mr. King testified that Governor Clements signed the “limited entry” bill on or about May 12, 1981 and that the bill took effect immediately. This bill places a two year restriction on the issuance of new shrimping licenses by severely limiting the number of persons eligible for shrimping licenses in 1982 and 1983. (Defendants’ Exhibit No. I) 6 Mr. King was not familiar with the piece of legislation establishing a 2:00 p. m. curfew for fishermen. He testified that to the best of his knowledge that bill was in a House Committee and had been passed by the Senate. Mr. King could not offer any information as to when the “curfew” bill may be approved by the legislature and signed by the Governor.

Mr. King testified that the need for the “limited entry” bill was brought to the attention of Representative Criss by representatives from the Texas Shrimp Association and an association called Pisces. These organizations represented commercial fishermen throughout the Texas gulf coast area. The fishermen’s primary concern was that due to a dramatic increase in the issuance of new bay shrimp fishing licenses, it was becoming increasingly difficult to operate a profitable shrimping business in Galveston Bay.

Mr. King testified that the “limited entry” bill was initially drafted in early January 1981. Public hearings were held on the bill, however Mr. King testified he was unfamiliar with any of the defendants to this action and that he never had any conversation with defendant Fisher or any coalition of American fishermen from the Kemah-Seabrook area. Mr. King stated no public testimony was ever received regarding violations of fishing laws and customs by Vietnamese fishermen. Although Mr. King was responsible for drafting the “limited entry” bill he never discussed the issue of overcrowding in Galveston Bay with either Mr. Emery Waite, chairman of the government task force established to resolve conflicts between American and Vietnamese fishermen, or Mr. Charles Travis, executive director of the Texas Parks and *1006 Wildlife Department. Mr. King testified that when this legislation was drafted he was unaware of any conflicts between American and Vietnamese fishermen in Galveston Bay. He had no knowledge that any threats had been made against Vietnamese or American fishermen or that members of the Ku Klux Klan had offered to provide American fishermen with armed Klansmen on May 15th. Mr. King’s only information about the “boat ride” was what he read in the newspaper.

STATUTORY VIOLATIONS

42 U.S.C. § 1985(8)

Plaintiffs have alleged that the defendants have conspired for the purpose of depriving them and their class equal protection of the laws and of equal privileges and immunities under the laws and that the defendants have acted out of a class-based animus against Vietnamese persons. (Complaint, ¶ VI, ¶ 2) In McLellan v. Mississippi Power and Light Company, 545 F.2d 919, 923 (5th Cir. 1977) (en banc), the elements that a plaintiff must allege and prove for a 42 U.S.C. § 1985(3) cause of action, are set forth as follows:

(1) The defendants must conspire

(2) For the purpose of depriving, either directly, or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; and

(3) The defendants must act in furtherance of the object of the conspiracy, whereby

(4) One was (a) injured in his person or property or (b) deprived of having and exercising any right or privilege of a citizen of the United States.

There is some authority for the proposition that equal privileges and immunities under the laws portion of 42 U.S.C. § 1985(3) does not apply to aliens. See United States v. Biloxi Municipal School District, 219 F.Supp. 691, aff’d 326 F.2d 237 (5th Cir. 1963), cert. denied, 379 U.S. 929, 85 S.Ct. 324, 13 L.Ed.2d 341. However, at this stage of the proceedings, the Court need not decide this issue since it is clear that aliens are entitled to equal protection of the laws section of 42 U.S.C. § 1985(3). See Doe v. Plyler, 628 F.2d 448 (5th Cir. 1980); In re Griffiths, 413 U.S. 717, 93 S.Ct. 2851, 37 L.Ed.2d 910 (1973); Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct. 1064, 30 L.Ed. 220 (1886). Certainly, state action is not required, Griffin v. Breckenridge, 403 U.S. 88, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971); Paynes v. Lee, 377 F.2d 61 (5th Cir. 1967). In order to demonstrate a violation of the equal protection of laws section, it must be demonstrated that the plaintiffs have been subjected to racial or other class-based invidious discrimination by the conspirators’ actions. The actions of the defendants’ conspiracy must demonstrate a violation of some law, independent of § 1985(3).

The defendants argue that there has been no conspiracy established. First, they would suggest that the American Fishermen’s Association is not an organization but consists of only one person, e. g., defendant Eugene Fisher. That defendant indeed testified that he is an organization of one. However, he admitted that he had collected funds allegedly for the purpose of forming an organization, that he had expended funds in furtherance of the objective of this organization and that on at least one occasion he had a meeting with various American fishermen to discuss the objective of this organization which obstensibly was to file a lawsuit against the federal government. Moreover, in a press release issued by the defendant one day after this lawsuit was filed both Joseph and David Collins as well as Eugene Fisher were named as officers of the organization. Regardless of whether there was in fact a formerly established organization entitled the American Fishermen’s Coalition or an organization known by another name consisting of American fishermen which was established or attempted to be established by defendant Fisher, it is clear that the named defendants have acted together and the evidence establishes that those actions have had the effect of depriving the plaintiffs of their equal protection of the laws. The specific *1007 laws that this Court finds have been violated by the defendants will be discussed herein.

42 U.S.C. § 1986

The plaintiffs have also alleged that the defendants have violated their rights by engaging in conduct made unlawful under 42 U.S.C. § 1986. Section 1986 is a companion to § 1985. It creates a cause of action against “[e]very person who, having knowledge that any of the wrongs conspired to be done, and mentioned in [§ 1985], are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses to do so.” See Dowsey v. Wilkins, 467 F.2d 1022, 1026 (5th Cir. 1972). Hamilton v. Chaffin, 506 F.2d 904 (5th Cir. 1975).

The rights protected under § 1986 are those rights which are safeguarded under § 1985; no claim lies under § 1986 except on the basis of a valid claim under § 1985. By its language, § 1986 extends protection to “the party injured” and this is construed the same way the equivalent term in § 1985 is construed. Aliens are protected under § 1986, and since the language authorizes suit against “every person” there is no requirement of state action or color of law under § 1986. 1 C. Antieau, Federal Civil Rights Acts, §§ 281-282 (2d Ed. 1980).

The testimony elicited at trial clearly established that the defendants had knowledge of the wrongs conspired to be done, and neglected to aid in preventing the commission of these wrongs. David Collins testified that he informed James Stanfield that a “boat ride” had been scheduled and he solicited Stanfield’s assistance in inviting people to participate on the boat ride. Mr. Beam testified that he was notified of the boat ride on the morning of its departure. Mr. Beam stated he was informed that members of the Ku Klux Klan planned to participate in the “boat ride” and he knew these members planned to wear their robes and carry semiautomatic weapons. Although Mr. Beam admonished members of the Klan not to use violence, he did not attempt to dissuade them from joining the boat ride. Both Mr. Stanfield and Mr. David Collins participated fully in the boat ride.

The evidence establishes that all of the defendants were aware that Louis Beam and the Knights of the Ku Klux Klan had been invited to lend their support to the efforts of American fishermen to see a reduction in the number of Vietnamese fishing boats in the Kemah-Seabrook area. Moreover, all of the defendants had knowledge that Louis Beam had been invited to speak at a rally held in Santa Fe, Texas on February 14, 1981 in which he stated that the Klan may have to “take laws into our own hands” if the presence of Vietnamese fishermen in the Kemah-Seabrook area had not been decreased by May 15, 1981.

42 U.S.C. § 1981

Plaintiffs have alleged that the defendants’ actions have denied the plaintiff the same right to make and enforce contracts as is enjoyed by white persons, and have further deprived plaintiffs of the full and equal benefit of laws and proceedings for the security of persons, as is enjoyed by white persons, in violation of 42 U.S.C. § 1981. 7 (Complaint, ¶ IX). When aliens are the victims of racial or other forms of discrimination actionable under § 1981, they have standing to sue under this section. Takahashi v. Fish & Game Co., 334 U.S. 410, 68 S.Ct. 1138, 92 L.Ed. 1478 (1948); Guerra v. Manchester Terminal Corp., 498 F.2d 641 (5th Cir. 1974), reh. den. 503 F.2d 567; Spiess v. C. Itoh & Co., 408 F.Supp. 916 (S.D.Tex.1976).

*1008 Section 1981 is constitutionally supported by the implementing of clauses of the Thirteenth and Fourteenth Amendments. McDonald v. Santa Fe Trail Transportation Co., 421 U.S. 273, 96 S.Ct. 2574, 49 L.Ed.2d 493 (1976), on remand 540 F.2d 219 (5th Cir.); Runyon v. McCrary, 427 U.S. 160, 96 S.Ct. 2586, 49 L.Ed.2d 415 (1976), later app. 569 F.2d 1294 (4th Cir.), cert. denied, 439 U.S. 927, 99 S.Ct. 311, 58 L.Ed.2d 320. In Jones v. Alfred H. Mayer Co., 392 U.S. 409, 436, 88 S.Ct. 2186, 2201, 20 L.Ed.2d 1189 (1968) the Supreme Court indicated that the Civil Rights Act of 1866, which was the forerunner of § 1981, was designed “to prohibit all racial discrimination, whether or not under color of law ...” and as such was within the constitutional power of Congress under the Thirteenth Amendment. The rationale of the Jones case, which authorized a private cause of action for discrimination in the sale or rental of property under 42 U.S.C. § 1982, has been followed in actions under 42 U.S.C. § 1981, Penn v. Schlesinger, 490 F.2d 700, 703 (5th Cir. 1973) cert. denied, 426 U.S. 934, 96 S.Ct. 2646, 49 L.Ed.2d 385 (1976); Boudreaux v. Baton Rouge Marine Contracting Co., 437 F.2d 1011, 1016 (5th Cir. 1971); Sanders v. Dobbs Houses, Inc., 431 F.2d 1097, 1099 (5th Cir. 1970), cert. denied, 401 U.S. 948, 91 S.Ct. 935, 28 L.Ed.2d 231 (1971). Since there is no “state action” or “color of law” requirement under 42 U.S.C. § 1981 private citizens are proper defendants in suits arising out of purely private relationships. Id. See also: Caldwell v. National Brewing Co., 443 F.2d 1044 (5th Cir. 1971), cert. denied, 405 U.S. 916, 92 S.Ct. 931, 30 L.Ed.2d. 785 (1972).

Section 1981 protects a panoply of individual rights the primary one being the right to contract to earn a living. E. g., Johnson v. Railway Express Agency, 421 U.S. 454, 459-60, 95 S.Ct. 1716, 1719-1720, 44 L.Ed.2d 295 (1975); Penn v. Schlesinger, supra, 490 F.2d 702; Guerra v. Manchester Terminal Corp., supra; Boudreaux v. Baton Rouge Marine Contracting Co., supra. In order to demonstrate a violation of § 1981, it is only necessary that the plaintiffs show that they were unlawfully denied, by the defendants, one of the rights protected by this statute. 1 C. Antieau, Federal Civil Rights Acts §§ 32, 33 (2d Ed. 1980).

The plaintiffs argue that the commercial fishing business operates by contract and that the plaintiffs’ claims of interference with their ability to participate in this business, and in particular with their ability to make commercial arrangements with dock owners, gives rise to a denial of freedom of contract claim under 42 U.S.C. § 1981. The Court is of the opinion that the plaintiff class has established a substantial likelihood of success on the merits of this cause of action. 8

Section 1981 also provides that “[a]ll persons . .. shall have the same right ... to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens.” It is well established that the guarantee “to full and equal benefit of all laws and proceedings for the security of persons and property” is a distinct and separate right from the right “to make and enforce contracts.” Strauder v. West Virginia, 100 U.S. 303, 25 L.Ed. 664 (1879). It is well established that the “full and equal benefit of all laws” guarantee of § 1981 applies to private action. See Central Presbyterian Church v. Black Liberation Front, 303 F.Supp. 894, 901 (E.D.Mo.1969). The United States Court of Appeals for the Third Circuit however, has held that the concept of state action is implicit in the “equal benefit” clause of § 1981. Mahone v. Waddle,