From FABA
The ANVIL’S RING • Summer 2001 •

Dear ABANA Chapter Presidents, Newsletter Editors, and others,
As you may know, ABANA has claimed to have removed the Florida Artist Blacksmith Association (FABA) from the ABANA chapter rolls because it permitted an anvil shoot at the Madison Blacksmith Conference, which FABA hosts along with six other ABANA chapters. Why do FABA and other chapters continue to shoot the anvil despite ABANA President Doug Learn’s threats? We hope you will share the following explanation with your members.
Throughout history, blacksmiths have shot the anvil to commemorate special occasions, such as the signing of the Declaration of Independence in this country and in Europe to celebrate dates important to the artisans’ guilds. FABA is committed to keeping blacksmithing alive, and our efforts include conducting the anvil shoot at our annual conference. Some FABA members are neutral on the value of conducting anvil shoots and some even think it is an unnecessary safety risk. Nevertheless, the membership of FABA voted unanimously at the annual meeting in October 2000 to conduct the anvil shoot at the annual conference. Why?
The issue represented by the struggle involving the anvil shoot is whether FABA members and its board of trustees or the ABANA board controls FABA. FABA is a nonprofit educational association incorporated in Florida; neither its corporate charter nor state law permits the board of trustees to relinquish decision-making to another entity. FABA’s chapter membership was granted orally, without conditions attached. Clearly, FABA is bound to abide by the ABANA bylaws and other structured operating principles (Article Ill-A, Section 2 of the ABANA bylaws), and it has. The bylaws do not ban anvil shoots by chapters, however, and the bylaws may be amended only by the members of ABANA.

In addition, there is the issue of whether ABANA is legally asserting a ban on anvil shoots at all ABANA chapter events, and whether it may remove FABA from the ABANA chapter rolls in the present circumstances. President Doug Learn says the 1997 resolution of the board prohibits anvil shoots at all chapter events. You don’t need to be a lawyer or English teacher to see that the 1997 resolution only bans shoots at ABANA-sponsored events, events sponsored by other individuals or organizations that have used ABANA’s name in their promotion of the event, or at any event, Chapter function, etc., sponsored by other individuals or organizations that use ABANA’s Mobile Teaching Station at the event. The Madison conference was not ABANA sponsored, did not use ABANA’s name in promoting the event, and did not use ABANA’s teaching station.

Even if the 1997 resolution applies to all chapter events, it is not self-executing. The resolution doesn’t specify what will happen to an individual or organization that contravenes it. At its November 2000 meeting, the ABANA board took up a motion to remove from the chapter rolls any chapter that conducts an anvil shoot; the motion was not passed, however, and was tabled. No ABANA board meeting has been noticed and held since then, so the action of removing the seven Madison chapters is invalid. ABANA is a Georgia corporation, and Georgia law requires that corporate action be taken at a meeting of the board; action may be taken without a meeting if the action is taken by all members of the board and the action is evidenced in writing, signed by each director, for inclusion in the minutes or filing with the corporate records. See OCGA Section 14-2-82 1.
The ABANA board apparently believes that it can take action without a meeting if a majority of its 15 members agree via e-mail to a motion or other action. Since Col. Tim Ryan is a member of the ABANA board, and shot the anvil at Madison, we can be sure that he did not consent to the action of removing the chapters. If ABANA asserts this rule (against anvil shoots at chapter events) that has not been validly adopted, and takes the action of removing chapters even though the action has not been validly approved, there are literally no bounds to what it might do to chapters or its members. The ban on anvil shoots is just the beginning.

Expect ABANA to issue requirements that all chapter officials be ABANA members; that 25 percent of all chapter members be ABANA members, and that the chapters print the ABANA president’s messages and the chapter liaison’s letters in their newsletters, among other things.
The ABANA board says it is concerned about safety and liability for any anvil shoot mishap. Col. Tim Ryan, who conducted the shoot at Madison, has significant experience conducting anvil shoots and uses a safety barrier and a safe distance between the anvils and observers. FABA only conducts anvil shoots when these necessary precautions have been taken. Other activities at blacksmith conferences and meetings present a far greater potential for injury and negligence claims. What about children getting too close to the anvil or power hammer at a demonstration, observers getting injured by flying scale, flux and metal or from an iron pour? What about people watching demonstrations without safety glasses? What about novices in green coal classes being permitted to use hammers, burning coal and red-hot iron without adequate supervision? If ABANA is so concerned about safety, it needs to send safety officers to each chapter conference and meeting.
By banning anvil shoots, rather than promoting safe and responsible anvil shooting, the ABANA board shows that it cares little for the safety of its members. At the Madison conference an ABANA board spokesperson suggested that we go across the street and shoot the anvil (on land we knew nothing about, and without the means to manage the shoot and audience safely). This approach is reminiscent of Prohibition. Back then, people died from drinking alcohol as the quality was not regulated.
In addition, ABANA has not cited any legal precedent for an organization such as itself being held liable for the acts of its affiliates, over which it exercises no governance, and we are unaware of any, either. In conclusion, the attempt to remove FABA from the ABANA rolls is unfounded and invalid. FABA expects ABANA to comply with its own bylaws and the laws of the state of Georgia.
Sincerely,
Florida Artist Blacksmith Association,
Inc. Board of Trustees
cc: ABANA Board of Directors