Steam & Excursion > ASR Files Lawsuit

It seems ASR has filed a lawsuit to force Midwest Preservation Society into allowing them to stay. According to their secretary Russ they already had another location to move to. This was posted on RYPN a couple weeks ago. If this is the case why are they now suing Midwest?

They are giving not information out, won't release treasures reports or meeting minutes which they are required to and are still trying to get people's money. All this while owing two contractors a substantial amount of money.

They are advertising new shirts for sale and new train trips to take in a private car behind an Amtrak train, but they won't answer any of the important questions.

Posted from iPhone

Please excuse my gross ignorance. Who/what is ASR

They are the American Steam Railroad.

Some people wonder why this issue keeps getting brought up. They are a 501c3 non profit organization. Since they are this they are required by law to supply treasurers reports and other documents which they refuse to do. That alone is bad enough. The fact is they keep asking for people to donate money when they are being sued for eviction by their land lord, owe two contractors a very large amount of money, and they will not answer any of these hard questions.

The board of directors has a habit of attacking people online. If you look at this link, back in 2013 the president of the organization stated they needed to raise $200000 immediately to move the 1352. Apperantly they never had to move the 1352 by the end of 2013 since it is still sitting in Illinois 3 years later. This type of attitude is normal for this organization. http://www.rypn.org/forums/viewtopic.php?t=34785

Posted from iPhone



Edited 1 time(s). Last edit at 03/23/17 21:11 by WM1400.

So,,,,,,,,I'm assuming that the court proceedings for the "eviction notice" yesterday, was delayed/extended for another date in the future?

It doesn't necessarily delay the proceedings. ASR's attorney filed what is called a counterclaim. They are alleging a claim gainst Midwest, and it's all in the same suit.

It'll likely drag the situation out. Unfortunately, the Cleveland Municipal Court online docket system doesn't provide the actual documents. I'd like to see what they are counterclaiming.

ASR's behavior is pretty strange throughout all of this. While I think you generally do not need to comment on litigation, they are acting publically like it doesn't exist. I think they should issue a statement that at least acknowledges they face some legal challenges, but hope they can resolve the issues.

Instead, some of the officers of ASR are taking an even odder approach. Russell Swinnerton, who I suspect was behind "Dave Nelson" the fake FRA track inspector, has taken to facebook to personally attack me. While not mentioning me by name, he talks about the "ambulance chasing lawyer" who has it out for ASR. I see no need to respond to such an infantile attack. Even if I were an ambulance chaser who was having a "slow month" because my car is slow and cannont catch up to them (as Mr. Swinnerton alleges), it really doesn't change the situation ASR faces and the challenges they face. By letting an officer of the organization engage in such a personal attack, it doesn't really enhance the reputation of the organization and its public image. 



Edited 1 time(s). Last edit at 03/24/17 07:10 by wilkinsdm.

ASR and the Alternative News approach..but..just because they run a tax deductable outfit doesnt mean they have to disclose finances when ever anyone requests.  I think its annually to the IRS.
Roger Beckett

up833 Wrote:
-------------------------------------------------------
> ASR and the Alternative News approach..but..just
> because they run a tax deductable outfit doesnt
> mean they have to disclose finances when ever
> anyone requests.  I think its annually to the
> IRS.
> Roger Beckett

No, there isn't mandatory disclosure, but we live in an age in which donors, especially grant-giving institutions, foundations and corporate donors want transparency. That has spilled over to private donors as well. Donors at least want some concrete facts that they can evaluate whether they want to give or not. ASR has been reluctant to provide even the most rudimentary facts to the public, and thus donors. They just ask for money, based on a blind trust that they will spend the money appropriately. Asking an organization which recieves special, not-for-profit status with the U.S. Government and the State of Ohio to be honest and transparent isn't a witch hunt. 

Public: Who owns the Locomotive?
ASR: We can't tell you.
Public: Where will it run?
ASR: We can't tell you, trust us.
Public: What is ASR's financial condition?
ASR: We won't tell you.
Public: When why should I donate?
ASR: Hey look! We are selling t-shirts and come one one of our private car trips! Give us money.

This approach may have worked 25-30 years ago, but the country is littered with failed steam retorations that operated on similar business models. Donors are jaded, and they want honest answers. Instead of providing answers, ASR simply doubles down on their attacks of individiuals, and their strange media policy. 

In the end, the eventual failure of ASR will negatively impact other non-profit organizations who wish to restore a steam locomotive. Donors will view any such efforts with suspicision, because of the actions of one bad actor. For every NKP 765 or SP 4449, there are three organizations like ASR. 

up833 Wrote:
-------------------------------------------------------
> ASR and the Alternative News approach..but..just
> because they run a tax deductable outfit doesnt
> mean they have to disclose finances when ever
> anyone requests.  I think its annually to the
> IRS.
> Roger Beckett

Maybe not, however in the process of attempting to renegotiate their lease with the folks that effectively control that roundhouse, the requested financial information from ASR was repeatedly NOT provided! Maybe THAT is why the eviction notice was given?