CLARK HISTORIC LANDMARK SITE
ROANOKE, ALABAMA

A Guided Digital Tour Of The Lives, Legacies and Works Of Wilkie And Hattie Lee (Peters) Clark as presented by their offspring:  their only daughter, Mrs. Charlotte A. Clark-Frieson; grandson, Wilkie S. Frieson, and Granddaughter, Je'Lynn M. Frieson.
AN ALABAMA HISTORIC LANDMARK SITE

Progressive Funeral Directors of Alabama:

The Battle v. Liberty National Lawsuit

This page pays a greatly deserved tribute to the families, owners, directors, and embalmers of the 9 trailblazing Black funeral homes who operated for years under severe systemic inequities. In a courageous stand for economic and civil justice, these leaders stepped ahead of the rest to sign their names to the historic Battle v. Liberty National Life Insurance Co. lawsuit filed in October 1975. Explore their enduring legacy of resilience and activism in Alabama's death care history.. 

The Quiet War: How Nine Black Funeral Directors Fought Alabama’s Corporate Stranglehold

When we look back at the Civil Rights Movement in Alabama, our minds naturally turn to the crowded streets of Montgomery and Selma, the echoes of mass meetings, and the highly visible protests that demanded basic human rights. But there was another war being waged simultaneously—one fought quietly, strategically, and at great personal risk in the pages of local newspapers and the halls of federal courtrooms.


This was the economic fight for dignity in death.


For most of the 20th century, the Liberty National Life Insurance Company, alongside its partner Brown-Service, held a suffocating monopoly over Alabama’s death care industry. By selling cheap "burial insurance policies" to millions of Alabamians, they funneled business exclusively through a select network of white-authorized funeral homes. Because of systemic racism and segregation, independent, Black-owned funeral directors were intentionally locked out.

If a Black family chose to stay true to their community and use a Black funeral director to bury their loved one with honor, they were severely penalized. Liberty National would routinely slash the policy’s payout—sometimes forcing directors to accept as little as $55 on a $300 policy. It was a calculated, anti-competitive pricing structure designed to financially starve Black entrepreneurs and dictate how Black families could grieve.


Faced with this economic barrier, the Progressive Funeral Directors of Alabama initiated a 1970 public education campaign to expose industry practices, leading to a 1975 federal antitrust lawsuit. This history is documented in a digital archive by historian Charlotte A. Clark-Frieson. 

The Nine Courageous Plaintiffs

Edgar H. Battle – The lead plaintiff whose determination cemented this case in United States civil rights and antitrust history.

Otis Armour Jr. – A dedicated professional who stood firmly against monopolistic practices to protect Black consumers and businesses.

Henry Cillie, Jr. – A key champion for equity within the Alabama death care industry.

Eugene Ervin – A foundational member of the coalition who risked his livelihood to fight for economic justice.

Taylor Hodge, Jr.  – Representing a legacy of compassionate care and community leadership in coastal Alabama.

Howard & Odessa (Pitts) Johnson – A powerful husband-and-wife partnership dedicated to lifting their community and fighting systemic bias.

Rick "RL" Lumzy – A relentless advocate for fair business operations and professional dignity.

Simon T. Madden – A pillar of the community who recognized the vital intersection of business and civil rights.

A.C. Perryman – An essential leader whose commitment helped unify the Progressive Funeral Directors of Alabama.

Why This History Matters?

For decades, Black-owned funeral homes in Alabama operated under separate and unequal conditions, yet they served as safe havens and economic pillars for the Black community. By standing up to Liberty National, these nine plaintiffs didn't just fight an unfair insurance monopoly—they protected the right of Black families to bury their loved ones with dignity, choice, and honor.

Historical Context . . .

The Economic Fight for Dignity:

Understanding the Liberty National Monopoly


For decades throughout the 20th century, Liberty National Life Insurance Company and its partner, Brown-Service Funeral Homes Co., held a massive, suffocating monopoly over Alabama's death care industry. Liberty National sold millions of cheap "burial insurance policies" to citizens across the state. However, these policies explicitly required families to use a strictly defined network of "authorized" funeral homes to receive their full benefits. [1, 2, 3, 4, 5]


Because of segregation and systemic exclusion, Black-owned funeral homes were routinely shut out of these profitable networks. If a Black family wanted to use an independent, Black-owned funeral director to bury their loved one with dignity, Liberty National would frequently penalize them—slashing the policy's value or refusing to pay a fair credit toward the merchandise. [1, 2, 3]


This anti-competitive pricing structure was a direct economic assault on Black entrepreneurs and families. In October 1975, the Progressive Funeral Directors of Alabama took a monumental stand. Led by Edgar H. Battle, these nine courageous plaintiffs filed a sweeping antitrust lawsuit under federal law, charging Liberty National with price-fixing, illegal tying arrangements, and unlawful monopolization. [1]


Their multi-year legal battle pushed all the way to a historic settlement, paving the way for independent Black funeral homes to break free from monopolistic control, be treated as "authorized" providers, and continue serving their communities on their own terms


As a group, these courageous men represented a new phenomenon in leadership within the Black Funeral Service industry, serving as essential role models and advocates for the future progression of blacks in the Funeral service industry.

The Action They Took . . .

In the months leading up to the filing of the historic Edgar Battle vs Liberty National Case, these courageous professionals made a decision to tactfully inform the public about the effect Burial Insurance Contracts had upon the Funeral costs within the State of Alabama.  Below is a collection of the articles they published.

1966: September 1, 1966

Special Announcements by Local Funeral Directors of Tallapoosa, Coosa, Talladega and Elmore Counties in the State Of Alabama


This public notice, titled "Special Announcements by Local Funeral Directors of Tallapoosa, Coosa, Talladega and Elmore Counties in the State of Alabama," outlines a standardized set of rules, extra service charges, and non-compliance fines agreed upon by eight regional funeral homes. The regulations went into effect on September 1, 1966.

The main points of the notice include:

  • Sunday Funeral Strain: The directors explain that serving approximately 90% of their territory on a single day (Sunday) creates an unusual burden on their facilities, personnel, and equipment.
  • Extended Storage Charges: To discourage holding bodies excessively long for Sunday services, a mandatory extra charge of $10.00 per day is assessed for each day a body is held over four days. For example, if a death occurs on a Sunday and burial is delayed until the following Sunday, an extra $40.00 service charge is applied. No extra fee is charged if the death occurs on the preceding Thursday, Friday, or Saturday.
  • Standardized Auxiliary Fees: The agreement itemizes uniform pricing for extra equipment and services:
  • Chairs and register stand: $10.00
  • One extra car inside city limits: $10.00
  • One extra car outside city limits: $15.00 (depending on distance)
  • Out-of-town bodies (ship-ins): Minimum charge of $75.00 and up
  • Bodies taken home to lie in state: $20.00 extra charge
  • Enforcement Fines: To ensure compliance across competing businesses, any participating funeral director who fails to obey these rules faces a fine of $50.00 to $100.00.
  • Signatory Funeral Homes: The notice is officially signed on behalf of the following eight businesses and their representatives:
  • Armour Funeral Home (Alexander City, Ala.) – S/Mr. Otis Armour, Jr.
  • Alex. City Funeral Home (Alexander City, Ala.) – S/Rev. R. V. Vines
  • Geeter Funeral Home (Wetumpka, Ala.) – S/Mr. Robert A. Geeter
  • Madden Funeral Home (Sylacauga, Ala.) – S/Mr. Simon T. Madden
  • Hutchinson Fun. Home (Alexander City, Ala.) – S/Mr. Fred W. Hutchinson
  • Strickland Fun. Home (Talladega, Alabama) – S/Mr. R. E. Strickland
  • Jones & Goodman Funeral Home (Wetumpka, Ala.) – S/Rev. Joseph L. Jones
  • Metropolitan Mortuary Inc. (Talladega, Ala.) – S/Mr. R. D. Savage

Special Announcements by Local Funeral Directors of Tallapoosa, Coosa, Talladega and Elmore Counties in the State Of Alabama

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1970:  May 14:

Why aren't burial contracts illegal in Alabama?.

The Progressive Funeral Directors of Alabama published this article in The Alexander City Outlook on May 14, 1970.  

This article from The Alexander City Outlook questions why burial insurance contracts remain legal in Alabama despite being banned in surrounding states and criticized nationally for exploiting grieving families.

The main points of the article include:

  • Industry Criticism: The piece references books like The High Cost of Dying and The American Way of Death, which exposed how unscrupulous morticians and insurance companies took advantage of bereaved families with exorbitant costs.
  • The Problem with Burial Policies: Local funeral director Otis Armour shared a statement from the Progressive Funeral Directors of Alabama illustrating how these policies shortchange both families and funeral homes. Instead of paying out cash, many policies only cover a small service fee or provide merchandise and services that prove completely inadequate.
  • Low Payouts: The article notes that under some contracts, directors could collect as little as $55 on a $300 policy, while the maximum payout for a $600 contract was only $175. This forces independent funeral directors to either hike their overall prices or lose money due to the gap between contract value and actual costs.
  • Proposed Solution: The Progressive Funeral Directors of Alabama recommended switching to cash policies of $250, $500, or $1,000 that can be used flexibly for funeral purposes, including merchandise and cash advances.
  • Call for Investigation: The author concludes that these contracts appear designed to "dupe the public" or financial squeeze independent (and especially Black-owned) funeral directors, calling for an official investigation into the matter.

1970:  May 24:

Funeral Directors Make Suggestions . . .

The Progressive Funeral Directors of Alabama published this article in The Anniston Star in 1970.  It is clear from the context of the article that they were attempting to explain to the public that while the cost of Funeral Home operation was steadily rising, so-called "Burial Insurance" contracts, which dominated the State of Alabama, were not taking into account the rising cost of providing the service, and therefore a mere burial insurance policy as those being sold by Liberty National, did not provide enough benefit to adequately cover the rising cost of providing funerals to policyholders.

Conclusion . . .

At the end of the day, their courageous work culminated in the filing of a historic $7,500,000.00 Antitrust Lawsuit,  in October of 1970, in the United States District for the North District Of Alabama Southern Division.   We have attempted to chronologically detail the progression of events that led to this landmark lawsuit at this link:   https://www.clarkhistoricsite.org/the-history-of-blacks-in-funeral-service-alabama.  To read a summary of the lawsuit itself, please visit this link:  Summary Of Battle Vs. Liberty National.


The historic antitrust battle against Liberty National stands as a testament to what can be achieved when a dedicated group of professionals quietly but firmly stands their ground. They broke a multi-million-dollar corporate stranglehold, paving a path of professional dignity for every Black mortician who followed in their footsteps.


While this page documents the definitive steps of their resistance, our historical journey is far from complete. This repository will continue to grow as we unearth more articles, records, and stories from this pivotal era. By preserving the back-story of their quiet war, we keep the flame of their legacy alive, ensuring their courage continues to guide our community long into the future.