By
BET.com
updated 8/23/2004 4:17:23 PM ET 2004-08-23T20:17:23

Civil Rights icon Rosa Parks has allowed for her doctor to release medical records showing why she cannot testify against OutKast in a publicity and trademark suit.

OutKast’s lawyers requested to interview Parks in an effort to probe her mentality, but the 91-year-old said poor health won’t allow her to testify in court. Last month, a judge ruled that she must have a medical reason for not coming to court and must show proof.

Only last week did Parks agree to release her medical history.

Last December, the Supreme Court allowed Parks to go forward with a lawsuit stemming from the OutKast song named for the legendary civil rights activist. The group sought to stop Parks' lawsuit, but the court made no move to halt the case.

Parks name not mentioned
Since the song emerged as a hit in 1998, Parks has maintained that the multi-platinum rap group profited on her name and even defamed her in the song. While it is named after Parks, it doesn't mention her by name. The hook of the song says, "Ah-ha, hush that fuss. Everybody move to the back of the bus."


OutKast has claimed that the song "Rosa Parks" is protected by the First Amendment and that it does not falsely advertise the woman's name.

Initially, Parks lost a federal appeal, but a three-judge panel in the 6th U.S. Circuit Court of Appeals in Cincinnati, partially reversed the earlier decision. Now, the case returns to a lower court.

Parks is requesting that her name be removed from all future recordings of the tune.

Parks made history in December 1955 when she was arrested for refusing to give her seat to a White man on a Montgomery, Ala. bus. Her arrest partially led to a successful boycott of the bus company and played a pivotal role in the eventual desegregation of public transportation.

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