The fight over Miss America heated up this week as both sides reaffirmed their positions and a third entity entered the mix.
Fleming shot back that she is the true owner, and continues to work as the head of the organization, with full control of the financials and accounts, including the missamerica.org emails.
Straub’s side claims that is because Fleming changed the passwords and is holding everything hostage. His side even threatened criminal charges, which have not been filed as of this writing.
Caught in the middle are those who run the state and local pageants, who are left confused about whom to believe.
In response, Straub held a question-and-answer session via Zoom on Friday, inviting the membership to ask questions.
But some worried even more as they received an email from Fleming’s attorney warning them not to participate.
“To be clear, your license and your power of attorney with Miss America HQ requires that NO State or Local leadership or state volunteers attend this fraudulent zoom conference,” wrote Ryan Brown, listed on the Miss America website as vice chair. “Instead, we request if your state organization or foundation has legal representation, that they solely attend and record all defamation and tortious interference without engaging in ANY questions or comments.”
Brown then promised a follow-up Zoom with all of the states’ legal representatives.
Attached was the cease-and-desist letter sent to Straub. (CLICK to view)
"They’re threatening our state and local directors by saying their license are going to be removed or not renewed," Straub said, calling the email a "below-the-belt shot."
It doesn't seem they listened. Straub’s Zoom meeting hit 100 participants, although many were not attached to names.
Chase Scott, Straub’s spokesman who hosted the Zoom, said they knew Fleming was likely there, and asked that she let them know where she is as they have not been able to formally serve her the litigation.
Despite that, Fleming has responded to the allegations standing firm that she is Miss America’s rightful owner.
Law firm Carlton Fields is representing her, according to an email sent out on her behalf Friday.
“The lawsuit attempts to seize Ms. Fleming’s rightful ownership of Miss America, despite her sole purchase of Miss America in December 2022 after a long history of involvement with the organization,” the attached statement reads.
It also talks of a statement put out by Miss America’s former officers and board of directors on Wednesday, that said: “The entire Board voted unanimously to transfer the assets to Robin Fleming, as we sought to continue the legacy of the Miss America mission which includes educating and empowering women and supporting organizations that promote and support women in all walks of life.”
Since Fleming still has successfully cut Staub's side out from the missamerica.org account, Straub's side set up a new email for questions from the leadership at missamerciacommunications@gmail.com.
Meanwhile, the Miss America Foundation has entered the fray.
The nonprofit that has provided the scholarships the pageant awards claims whoever owns the organization has not paid them.
“To date, the Miss America Foundation Inc. has not received one dollar to cover any outstanding MAO National Misses or Teen scholarship awards due nor has MAF received any of the past due management fees owed by the Miss America Organization, old or new, to MAF,” wrote Joel Ballesteros, chair of the Board of Trustees.
The foundation has paid out more than a quarter-million in fiscal year 2023, according to a breakdown it released.
But a representative for Fleming said that is not true.
Instead, the foundation is using the new litigation to try to reassert “an extraordinary array of false information” that they previously presented to the court in separate litigation, Freehold-based attorney Stuart Moskovitz said in a written statement to BreakingAC.
The foundation's attorney Tim Bloh — who was in the Zoom meeting — did not respond to calls seeking comment.
Moskovitz is representing Fleming in that local case.
He claims that there is no need for the foundation to exist, as Fleming’s Miss America Scholarship Foundation is paying out all outstanding scholarship, adding that the foundation “(has) been told to cease and desist representing themselves as affiliated with Miss America.”
The allegation is similar to the one Straub has levied at Fleming.
During the Zoom, Scott told the directors to continue doing what they’re doing and things would move on once the litigation — which they hope is quick — is done.
Straub continued to move on himself by announcing new leadership during the Zoom.
Stacy Annone will serve as the new president with Lauren May Malis advising, he said.
“I am honored and humbled to be here representing this prestigious, iconic organization,” said Annone, a longtime executive in the cosmetic and fashion industries. “I have loved Miss America my entire life and it’s incredibly important to me to stabilize this ship.”
She then added: “Success stories usually begin with challenges, and we will surpass this one.”
“It’s really all about the girls who put forth their time, their energy and their best efforts,” said Malis, who previously worked with Miss USA and Miss Universe. “I’m here to support these efforts going forward.”
Whose path is the right one in that move remains a question as the litigation continues.
One thing both sides seem to agree on is that they would like to bring the pageant back home to Atlantic City.