Judge Rules on Miss NC

A federal judge dashed Rebekah Revels' hopes of holding onto the title of North Carolina's reigning beauty queen, despite her claim she was forced to give up the throne over topless snapshots taken by a boyfriend.

U.S. District Court Judge James Fox denied a motion Thursday that would have forced the Miss America Organization to recognize Revels, 24, as a contestant in its annual pageant.

Fox said his ruling doesn't compel the pageant to exclude Revels, who had been rehearsing and taking part in events with other contestants until Wednesday night, when another judge's order restoring the title expired.

"They can make whatever decision they want," he said.

Revels claims she was unfairly forced to resign in July when a former boyfriend told pageant officials he had nude photographs of her. Misty Clymer, 24, assumed the title of Miss North Carolina.

Fox has said he didn't want to rush to a decision _ he is on vacation next week, when the pageant ends Sept. 21 with the selection of a new Miss America. He said Thursday that the case is about more than whether Revels or Clymer should be in the contest.

"The Miss America pageant over the years, by virtue largely of its contestants, has become a significant part of Americana. In a very real sense, Miss America represents America," he said.

"There is a public interest in seeing that that image is not tarnished because if it is tarnished there will be fewer contestants, there will be fewer scholarships, there will be fewer ideals to uphold. I don't think that's silly. We are a country that admires bravery, courage and integrity. We instill it in our youth."

He withheld a decision on the Miss America organization's request to force the case to arbitration, saying he needed more time to consider it. Revels' lawyer, Barry Nakell, has said he and his client prefer a trial.

"I'm disappointed," Nakell said Thursday. "He said it was a close call on the likelihood of success. I certainly respect his judgment although I disagree with it."

Steve McKay, a spokesman for the pageant in Atlantic City, N.J., had no immediate comment Thursday.

George Bauer, interim president of the Miss America Organization, had said Wednesday that Revels would be allowed to attend some pageant events as a "VIP guest" pending Fox's decision.

But she skipped one of those events Thursday in Atlantic City, N.J., and a hotel operator said she had a "do not disturb" order for her telephone.

Revels said Wednesday she would be disappointed if Fox ruled against her. "But I've been prepared to pack up and leave since I arrived," she said.

Fox had harsh words for Tosh Welch, the ex-boyfriend whose anonymous e-mail to pageant officials cost Revels her crown. The snapshots he took have not been made public.

"The individual involved is below despicable," he said.

Revels also has a pending lawsuit against Welch and one against the Miss North Carolina pageant, which was ordered by a state judge to restore her title and contract.

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Author: 6 ABC-AP