The South Portlander

As a taxpayer in South Portland, I would like to request to use the Maine Military Museum for a rally to support Sen. Obama for President. Can Jim Gailey or Mayor Soule please respond to this article and let us know how we can utilize this public building in a public park for this purpose? Thank you.
Sincerely,
ObamaLover

If this rally is allowed to move forward, then the City should immediately evict Mr. Humiston from this city-owned property. It is one thing to hold a rally in a public park (which it sounds like he hasn’t applied for permits or authorization), it is another to use this city-owned building to endorse a candidate. Doesn’t matter which party or which candidate he supports, it is wrong for taxpayers to have this public property used in a partisan manner.

Isn’t it nice that we have created this spot for republicans to hold political rallies.  Did they hang the yellow ribbons up again?

I think someone from the city—Mayor Soule or the City Manager—needs to address this. I would also like to see the Obama campaign make a formal request to use the same space. And I mean exactly the same space—not just the park, but the military museum.

Both of my grandfathers fought in WWII, and both of them were liberal Democrats.  If they were still alive, they would be disappointed that this “museum” is nothing more than a Republican fan club.

The Council candidates should be asked at the debate next week how they feel about our public property being used to endorse the Republican candidate for President. I would be interested in hearing their thoughts on this topic. Of course, it would also be nice if the calls to the mayor and city manager to respond to this issue were answered.

This from the IRS website at http://www.irs.gov - just look under “charities & non-profits” and “exempt organizations FAQs”:
Operational Requirements for Exempt Organizations FAQ # 1
Are there limitations on the activities in which a tax-exempt organization may engage?
Depending upon the nature of its exemption, a tax-exempt organization may jeopardize its tax-exempt status if it engages in certain activities. For example, section 501(c)(3) charitable organizations may not intervene in political campaigns or conduct substantial lobbying activities. See Types of Tax-Exempt Organizations or Publication 557 for more information.
You may also request a ruling regarding the effect of a proposed transaction on an organization’s tax-exempt status. See Revenue Procedure 2008-4, 2008-1 I.R.B. 121, for the procedures to request a ruling; and our user fee page, which explains the user fee charges for such rulings.

Last update:  January 7, 2008

I think it’s honorable that John McCain would visit the Maine Military Museum as a veteran. He has given a lot of service and suffering for this country and the country owes him for that service.
It doesn’t mean that the country owes him the presidency and it doesn’t mean that we should be a sponsored presidential stop on his bid for the election. His use of his military service has become a prop for his image to make him appear to be a more capable candidate. That’s too bad and it cheapens the City of South Portland and the Military Museum to support this event.
Next thing Scarborough will have Sarah Palin coming to Cabela’s to show off how to shoot off your foot with a shotgun while being photographed for the cover of Newsweek Magazine.
I would love for the city to somehow profit from McCain stopping in town again. Maybe we could ask all of the entourage to have coffee at Freaky Bean, cookies at Scratch Bakery and bagels at Mr. Bagel? Or could we rent our park to the event and make a few bucks to purchase more open space? Since it is going to be used as a stage we should get some money out of it. Let’s look into that!

I would like to set the record straight on this issue.  There was NO rally at the museum contrary to anything printed.  Neither I personally, nor the museum itself has acted to support Senator John McCain except as the war hero he is. Today in the basement of the museum another war hero, Leo Thorsness (Medal of Honor recipient, friend of mine and John McCain’s cellmate)came to see the museum and me. I did allow him to speak to the press and perhaps I was in error there, but I DID NOT allow anyone to state I or the museum endorsed any candidate. I would be happy to show the museum to Senator Obama and in fact am asking his state organization to invite him. In fact, I was only asked 24 hours before Leo’s arrival if he could come.  Hardly enough time to organize a rally. I have turned down other candidates who wanted to use me and the museum as a platform.

I would never jeopardize my 501c (3) status deliberately.  The museum is far too important.  I have already had my share of local pettiness try and stop this museum from becoming a reality.  As I originally stated when I was given possession of what was a wreck and basically abandoned building, I want this to be an open place where ALL can come and learn the United States military history that is sorley lacking in public schools across this country today. I would also never do anything to embarrass those who gave me the opportunity to build this wonderful asset to the City of South Portland.

To you brave critics, at least have the guts to use your name and perhaps even face me with your vitriol.  You accuse me of things you know nothing about.  Anyone who knows me personally will tell you my politics have NOTHING to do with this museum.  When someone donates items I don’t ask what party they or their family represent, I just want their loved one to be remembered.

My family have fought and died in every war this country has had from the French & Indian Wars to Iraq, including my son and my brother.  Please do not lecture me on how someone would feel who hasn’t been to the museum or talked with me.  If you are going to quote The Boston Herald, perhaps you might have contacted me first to get clarification. Please also take note I am not “A Vietnam War collector, but in fact am the Vietnam War POW archivist and the msueum covers ALL conflicts and peacetime service by our military

Lee Humiston

From Linda Hersey:
Dear Lee: Part of the confusion on the purpose and goal of the political gathering may be the source of the news about it. The Republican National Committee sent out press releases to all the media announcing Maine’s “Not Ready to Lead Tour” in support of John McCain. The announcement gives the RNC press office as the contact, and also states that the announcement was paid for by the RNC. In addition to the museum, the other stops on the tour are McCain “victory” offices.
Here is a link to one of the RNC notices:
http://news.yahoo.com/s/usnw/20081008/pl_usnw/rnc_announces_maine____not_ready_to_lead____tour

As the spouse of Lee Humiston, the founder and director of the Maine Military Museum and Learning Center I find it unconscionable that people would write such inaccuracies and quote from the Herald. In my experience, nearly all publications only have a hint of what the real story is.  The Boston Herald did have an idea about a group going to the Museum this morning. They knew before we did.  Lee only got the call late yesterday from this veteran group to ask permission to use the basement to hold a five minute press conference.  We were there a total of maybe 15 minutes and there were only 10 people including Lee and me and the 5 veterans, the camera man and a couple of people that came with the speakers. I hardly call this a political rally.  We would be thrilled if the Obama campaign called and asked to see and use the facility in someway.  I think Senator Obama should see the museum and witness first hand what so many veterans and their families have gone through.  This is a museum about the military history of Maine and the United States of America.  People need to know the sacrifices this country has made to keep us the Land of the free and the brave.  We know that as a non-profit we cannot and will not support any political candidate.  Maine Military Museum and Mr. Lee Humiston are totally bipartisan.  Lee Humiston is as passionate a man as you will ever meet about this museum.  We should all consider ourselves lucky that he puts everything into it and asks nothing in return.  He wants our children to learn what we have lived.  They are the future of this country and need to know what happened before them.
In the future, please contact Lee Humiston to confirm any rumors you hear.
Maureen Humiston

Lee...just one question: when you say you were asked 24 hrs in advance, who asked you?  It is clear this event was organized by the Republican National Committee, so if you knew they were sponsoring this visit, you should have said “no.” Because you said yes, and because you let Leo speak to the press (which was alerted to this event by the RNC), you and your museum willingly participated in a partisan event in support of the Republican party. You have been quoted in the press as a Republican and a strong supporter of Sen. McCain. To plead ignorance on this event doesn’t pass the “straight-talk” test. You owe the Council and the taxpayers an apology (and the last thing you should be doing is chastising the public for taking you to task!).

A couple of questions for Mr. Humiston.  First which candidates did you turn down for use of the museum, and why did you let John McCain, Susan Collins and Olympia Snowe use it as a platform and not them?  Second who exactly tried to stop the museum from being developed?  Lastly, in a letter to the editor written by you criticizing the media for showing anti McCain protesters you called the museum “your” museum, what did you mean by that?

Mr. Humiston - you allowed the Republican National Committee to include your museum as a stop on their “not ready to lead tour” and allowed someone campaigning for John McCain to speak to the press while at your museum. Are you trying to tell us that you, the museum, and through association the City, were not participants of this Republican event? Do you think we are ignorant or simply gullible? Shame on you! And shame on the city council if they do nothing to reprimand you for this ethical breach.

I will answer all of your comments one last time but unless you have the decency and courtesy to use your real names I won’t bother in the future.  I have NO problem with your complaints as this is still America, but I have problems with people who use anonymous, including you, Mr self proclaimed Draft Dodger. If you so strongly believe in what you express, use your name.  No one will come to get you!

1.) To Prisoner of Politics, I agree I owe everyone an apology for crossing a line I did not intend to cross. Call it stupidity (that won’t be repeated) or whatever you choose, I should have thought it through.  I have invited the Obama people the same courtesy to balance things with as yet no response
2.) I do not see how I owe the taxpayers anything.  As previously stated, I took an un-used, wreck of a building doing nothing for the taxpayers and have turned it into a first class useful building bringing current and future tax dollars to the city. As far as taking the public to task, it is not for speaking their mind, it is for the way it is said and using statements I NEVER made.

3.)I would like to see these articles that state I am a Republican and a McCain supporter. I have NEVER stated that to anyone in an interview. In fact in June I registered as a Democrat. When I accepted having Leo come I did not realize it would be published and paid for by the RNC. I can tell you I’ve had my fill of them. So, I wasn’t trying to sidestep my mistake, just say Naive, yes, deliberate flaunting of the rules, NO.  For that I do indeed apologize to one and all.
4.) To Mr Draft Dodger, who do you think this museum belongs to, if not me?  That does not mean I believe the building is mine, although according to the lease it is for the next few years. Lastly, when John was here in July, it was with FULL support of the city and nothing I did was less than totallly above board.

As to the city being complicit, PLEASE… no one there is at fault.  We are in a terrible shape if we’ve reached a point where someone can be at fault with association alone.  To my knowledge the city is far more Democrat than Republican and would never allow what you allude to…

Perhaps I’ve answered some of you satisfactorily, but if not I tried.

Thank you for your response Mr. Humiston, the only last question I have is which candidates did you turn down for using the building as a political platform? As to the ownership of the museum if you are taking tax payer money and using tax payer property, the museum is a public museum belonging to all of us.  By the way I am not really a draft dodger back in the 70’s I went down to my post office as a teenager and submitted my name as required, however under current political leadership, I would support any person objecting to participate in our current illegal and immoral wars of aggression.

Breaking my own rule, I will again respond to Draft Dodger…

As you will still not give your name I will not bother to answer who I turned down, just let it suffice that my WORD that I did is good enough and that is the end of that. Also, unless Senator Obama’s people contact me, I will NEVER again allow any political functions to take place in the building.  I may have been naive, but I don’t make mistakes twice. However, that said please don’t be too upset should you come to the museum and take note there re no Democrats on the small space devoted to POWs who served in political office.  The one who did, has not as yet sent anything.

Another sad comentary is that I would bet a great deal of money had I had Sentator Obama there first REPUBLICANS would never had made this such a big deal…

As to your conviction that MY items belongs to you and the public, you are dead wrong.  Everything in the museum is there on LOAN to the museum. There is not, nor has there ever been, any transfer of items or title to items from me to the city, state or any other governmental agency.  NO tax deduction nor write off has been claimed by me which would be the case if I had done so.  Almost without exception I will not accept anything for the museum unless it is given to me.  To those few I have, proper paperwork is or will be completed and then it belongs to the museum.  Upon dissolving the museum those items may then be GIVEN to any other museum I or my board choose.  NOTHING in the building belongs to the “PUBLIC” or “YOU” You are right only in that improvements I have made to the building then belong to the public and South Portland taxpayers.

Dear Mr. Humiston.

I truly respect the weight of sacrifice by those that were drafted into a such a sick pack of lies and murder as the Vietnam “police action”. 

Please reconsider whether anyone, other than those who actually stood against our collectively ubercredulous bloodthirsty DeathCult Human Sacrifice in Vietman, such as Hugh Thompson Jr, who stopped the Myi Lai massacre, a Hero. 

John McCain was there to kill innocent civilians from the sky… for what?

Not heroic:  More a hired killer.

Mr. Humiston, while I do acknowledge your ownership of the items archived, the placement of the museum on tax payer property, in a public building, whose grounds are maintained with tax payer dollars, makes the museum a public entity.  In exchange for a home for your archive we have allowed the building to have its role redefined as a military museum.  It’s still our building, and though your intentions seem non partisan, it has taken on a noticeable republican flavor.  As you know republicans like to use the military to help themselves and increase their brand as being somehow more patriotic than the rest of us.  They stage their rallies in front of troops, on aircraft carriers, at VFW gatherings, and in our own town, on the grounds of Millcreek Park.  It is a tactic that is inherently republican, part of the politics of fear and division.  Please do not question our concerns about our park being exploited for partisan purposes.

Brian, Who ever you are… I wasn’t going to answer this one as it represents as best the mind of an uniformed idiot, but I cannot let stand your slander against John and 660 other POWS as well as the million and a half others who returned home from that war with HONOR, something you appear to sorely lack.

Here’s some real facts for you…

1.) Of the 2.6 million serving in Southeast Asia from 1964 to 1975 1. to 1.6 actually served in combat2.) Only 25% of those serving were draftees.
3.) 30% of the deaths were draftees
4.) 88.4% of those serving were caucasion, 10.6% were black and 1% were other
5.) 86.8% of those killed were were caucasion and 12.1% were black
6.) 79% of those serving had a high school or better education
7.) 91% of ACTUAL Vietnam War vets and 90% of those who saw heavy combat are proud to have served

Just a few facts to mull over.  These are men who were not “Baby Killers” but honorable men.  You, sir remind me of the type of people who perpetrated a real crime in LA back in the days.  A young black combat veteran came home after surviving a year of hell and was awaiting a bus to take him home to Detroit. He was in uniform when they found him dead with a note pinned on him stating this is what we do to Baby Killers.  A cowardly act bt cowardly people.  I suppose you would have found the killer or killers to have done the right thing… God save us all from people like you.

Mr. and Mrs Humiston:  Do you think we are all idiots? Deny as you will, the press release came from the Republican National Committee. One of the three or four veterans, Mrs. Humiston, was the chairman for the Veterans for McCain.

Unfortunately, your “museum”, in a public park and supported by S.P. taxpayers, is being turned into a Republican stop on the campaign trail. You should have said NO - the museum will not be used for political purposes.

You need to close the “museum” because you have become too much of an enabler for one political candidate. And, please, don’t tell us you did not know that the Republican National Committee was putting out press releases naming your three or four veterans who were stopping by to see your exhibits and, just happened to schedule a press conference on the way through.

Frankly, I hope the City Council kicks you out of the building for allowing it to be used for political purposes.

It was wrong to allow a public place to be used for political purposes. Humiston made a mitake. He admits it and says he won’t do it again and says he has offered the same to Obama. Let’s give him the benefit of the doubt that he won’t make the same mistake again. If he does… throw the book at him.

Linda: Given the various comments on the subject of the Maine Military Museum being used to promote the candidacy of a presidential candidate, I think it would be helpful if you could post here the lease entered into between Leon Humiston and/or the Maine Military Museum and Learning Center and the City of South Portland.
Thanks.
Dan Mooers

Lee...you do yourself no favors by continuing to respond to posts and calling people names. I suggest you, unlike John McCain while being interrogated, just zip it. You made a mistake, you apologized, people are angry...just let it be.

From Linda Hersey, per request by Dan Mooers. Here is a copy of the lease agreement that was online. (Left under two comments for space.)
LEASE AGREEMENT

LEASE AGREEMENT made this day of November , 2007, by and between the CITY OF SOUTH PORTLAND, a Maine municipal corporation situated in Cumberland County, Maine ("City") and the Maine Military Museum and Learning Center with a place of business in South Portland, Maine ("Museum").

In consideration of the mutual conditions and covenants contained herein, the parties agree as follows:

1.  The City leases the Museum and the Museum does hereby rent and take as lessee, subject to the terms and conditions contained herein, the 22’ x 32’ brick/masonry building(hereafter referred to as the “leased premises” or “premises") located on the real property commonly known as the Electrical Building, which property is situated within Mill Creek Park having access off Broadway in the City of South Portland, Maine and is more particularly described in the Cumberland County Registry of Deeds in Book 1763, Page 482; together with the right to use in common with others such other portions of Mill Creek Park as are reasonably required by the Museum.

That the Museum shall have the right to use in common with others Mill Creek Park, that Museum shall have the exclusive use of parking spaces for workers and visitors vehicles.  The Museum use of the leased premises shall not interfere with public access and use of the remainder of Mill Creek Park property, including but not limited to public use of the Greenbelt Walkway.

No modifications may be made by The Museum without express written approval of the City.

In addition to the approved modifications, the Museum shall provide maintenance and upkeep of the property. City will reasonably share in the cost of emergency improvements.

The City will provide the following funds for the first year of the lease.

Water & Sewer = up to $ 200.00

Electrical = up to $ 250.00

Heating Fuel = up to $2,875.00

The above commitment of funds will not be guaranteed from year to year of the lease.  After Year One, the Museum is expected to cover operational expenses through its own budget.

2.  The Museum may use the leased premises for storage and display of military artifacts; as well as an office.

3.  The term of this Lease Agreement shall be for a period of three (3) years commencing November 6, 2007 and expiring October 31, 2010.  This lease shall automatically renew for three successive one-year terms with the rent being negotiated two-months prior to each year of the lease arrangement, unless either party notifies the other in writing sixty (60) days before commencement of the new lease term of its desire to terminate the lease.

4.  The Museum being a non-profit entity (501(C)(3)) that will rely on patron donations, shall pay a base rental to the City in the amount equal to the cost to maintain the building through utility and other related costs.  First year payment will be negotiated between the City and the Museum based on the opening date and full operation of the Museum.

5.  The Museum shall keep and maintain the leased premises in good clean order and condition, and shall not cause or permit any portion of the leased premises or of the Mill Creek Park property to become unsightly or offensive due to litter, garbage or otherwise. The City shall be responsible for snow plowing on the leased premises.

6.  At the expiration or other termination of this Lease Agreement, the Museum shall deliver up and surrender to the City the leased premises, including all fixtures and equipment, in good clean order (premises) and good working condition (fixtures), reasonable wear and tear excepted.  At such time, the Museum shall promptly deliver to the City all keys to the leased premises.  At such time, title to all equipment and other personal property provided by the Museum and not removed from the leased premises and title to all alterations or improvements which cannot be removed without damaging the leased premises shall be in the City.

7.  The Museum shall not make any alteration of or improvement to the leased premises or any portion thereof without first obtaining the written approval of the City Manager or the Parks, Recreation & Public Works Director.  All signs must be approved in advance by the City Manager and the Director of Code Enforcement.

PART TWO OF MUSEUM LEASE:
8.  All applications and connections for utility services, on the leased premises shall remain in the name of the City, and the Museum’s yearly rent shall be used to cover utility charges.

9.  The Museum shall comply with all Federal, State and local laws and ordinances during the original or additional term of this Lease Agreement.  The Museum agrees to obtain and maintain all necessary licenses and/or permits at its own cost.  No taxes shall be assessed to the Museum for real or personal property owned by the City.

10.  The Museum agrees to obtain and maintain in full force and effect at all times during the original or additional term of this Lease Agreement insurance coverage with a company licensed to do business in the State of Maine, with the City, its officers, agents, and employees as additional named insured, as follows: Comprehensive General Liability Insurance covering personal injury, death, and damage to property, in the following amounts:

Bodily Injury and Property Damage.............. $1,000,000

Personal Injury and Advertising Injury......... $1,000,000

Per Project Aggregate.......................... $1,000,000

General Aggregate.............................. $2,000,000

Products and Completed Operations Aggregate.... $2,000,000

Medical Payments................................... $5,000

Such insurance shall bear an endorsement by which the City must be given thirty (30) days’ prior written notice before cancellation. The Museum shall provide the City Manager with a written certificate evidencing such insurance coverage prior to occupying the leased premises. Such policy or policies shall inure to the benefit of the Museum and the City, as their interests may appear, so that each must be a party to any settlements thereon.

11.  The Museum shall defend, indemnify and hold harmless the City, its officers, agents and employees from and against any and all claims, liability, damages, expenses, causes of action, suits or judgments, by or on behalf of any person, firm or corporation arising from the Museum possession, use or occupancy of the leased premises and use of any other portion of the Mill Creek Park property being used permanently or temporarily by the Museum

12.  If all or any part of the leased premises is so damaged or destroyed by fire or other casualty without fault of the Museum as to be unfit for use by the Museum as provided in Paragraph 2, then the rent, or a fair and just proportion thereof, according to the nature and extent of the damages sustained, shall be suspended or abated until the premises are rebuilt and put in proper condition for use and occupation by the City; or this Lease Agreement shall, at the election of either the Museum or the City, upon written notice to the other within thirty (30) days after such damage or destruction, be terminated.

13.  If the Museum shall fail to pay rent when due or shall fail or neglect to perform any obligation imposed on it by this Lease Agreement, then the City, in addition to any other rights or remedies it may have, shall have the right to re-enter the premises, to remove all property therefrom and to store such property at the Museum expense.  The Museum shall be given written notice of any such failure or neglect, and the City’s right to re-enter hereunder shall not arise if, within ten (10) days after delivery of the notice, the Museum has made the required payment or has performed the required obligation.  The City will not be deemed guilty of trespass or liable for loss or damage occasioned by exercise of its right of re-entry herein.  No such re-entry shall be construed as a termination of this Lease Agreement unless a written notice of such intention is given to the Museum by the City.  All rights of the City which shall have accrued prior to such termination, including all rights relating to the condition of the leased premises, shall survive such termination. The Museum shall also be liable for any reasonable attorney fees incurred by the City in enforcing any of its rights hereunder.

FINAL PAGE OF CITY LEASE FOR MILITARY MUSEUM
14.  The Museum shall not assign, sublet, mortgage or otherwise encumber the leased premises, nor permit the premises to be used or occupied by others, without the prior written consent of the City.

15.  The waiver by the City of any breach of any term, covenant or condition herein shall not be deemed to be a waiver of such term, covenant or condition on any subsequent breach of the same, or any other term, covenant or condition herein.  The subsequent acceptance of rent by the City shall not be deemed to be a waiver of any preceding breach by the Museum of any term, covenant or condition of this Lease Agreement, other than the failure of the Museum to pay the particular rent so accepted.

16.  Any notice, demand, or request which may be or is required to be given pursuant to this Lease Agreement shall be delivered in person or sent by United States certified mail, postage prepaid (except that rent payments need not be sent by certified mail), and shall be addressed:

(a) to The City of South Portland:  City Manager

City of South Portland

25 Cottage Road

South Portland, Maine 04106

(b) to The Maine Military Museum:  Lee Humiston, President

The Maine Military Museum

44 Warren Avenue

Cape Elizabeth, Maine 04107

or at such other address as either party may from time to time designate by written notice.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date first above written.

CITY OF SOUTH PORTLAND

________________________ Witness:  By:

Its Acting City Manager

Maine Military Museum & Learning Center

__________________________ ________________________ Witness:  By: Lee Humiston

Its President

Well I guess number 14 gets to the heart of the issue. Not only should Mr. Humiston be careful of this clause but the owner of The Old Crow Gallery who is involved with the war monument design should answer some questions as well.  He seems very close to the McCain campaign and I would love to know more about his involvement with misuse of this property.

Linda: Thank you for posting the Military Museum lease. This blog provides a valuable service to South Portland citizens, and people like Mr. Humiston living outside the City. Having the information, and being able to read on-line the original documents, helps us understand the issues, Thank you again.

Dan Mooers

There is a group called Maine Veterans for Obama.  Perhaps they would like to come to the museum and enjoy equal time.  Or if not the museum itself, the park (which is public property) around the museum.  Maine Veterans for Obama can be found on Obama’s website.  Or you can contact the Obama office on Forest Ave, request that it be an official event, and ask them about a date and time for an Obama rally, with the Veterans for Obama, either at the museum or on public property next to the museum.