A DeKalb County judge on Friday denied a request for a temporary restraining order that would have, in effect, reinstated Herman "Skip" Mason as general president of the Alpha Phi Alpha Fraternity.
Mason, a DeKalb County resident, sued the nation's oldest black Greek-letter organization, claiming he was "illegally" ousted as its leader earlier this year and that that his reputation was harmed.
The fraternity removed Mason as president over allegations of financial mismanagement. James L. Walker Jr., Mason's attorney, denied any wrongdoing.
The lawsuit, which sought an emergency hearing on a temporary restraining order and preliminary injunction, contended the board violated its constitution and bylaws in removing Mason. Walker had argued that several members were not properly seated on the board.
Judge Mathew Robins, however, said the same board was engaged in Alpha Phi Alpha business months before his dismissal and there were no charges then that the board was not properly seated.
Robins also ruled that the court has jurisdiction over the fraternity in this case but not the 14 individual board members and an officer named as defendants. Robins did not rule on the injunction and the suit can still make its way through the courts.
Eric L. Barnum, who represented the fraternity, said he was pleased with the ruling.
"The wheels of justice turned today," he said, adding that he hoped in the future, the fraternity could handle matters internally. He declined to comment on how much money Mason was alleged to have spent on personal uses such as tuition and dependent care.
Mason, a pastor and archivist at Morehouse College, said it has "been a difficult period but it was necessary." A fraternity member for 30 years, he wants to focus on the "work that I've been called to do as a minister and as a pastor. ... Any other future plans will be discussed and considered at the appropriate time."
Mason's term would have ended in five months. He did not receive a salary or stipend.
Robins said during the hearing that the fraternity had processes in place that would have allowed Mason to appeal his ouster within the organization.
Alpha Phi Alpha has 40 chapters in Georgia with 13 in the metro area. The Eta Lambda chapter in Atlanta is one of the largest chapters of more than 600 college and alumni chapters in the U.S. Africa, Asia, Europe and the Caribbean. Founded in 1906, the fraternity's members have included the Rev. Martin Luther King Jr. and U.S. Supreme Court Justice Thurgood Marshall.
Barnum said he hopes the fraternity, of which he is a member, could resolve the dispute.
"Whatever happens after today, it is within the parties' control to bring this to a resolution," he said. "I have every belief that the parties on both sides hold the fraternity very dear."
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