Miss Runner-Up Gets The Nod

A federal judge Thursday refused to force the Miss America Pageant to recognize Rebekah Revels as Miss North Carolina, the title she gave up over topless photos taken by a boyfriend.

Immediately after the ruling, the Miss America Organization said it would instead recognize Misty Clymer as the only Miss North Carolina.

"Misty Clymer is the contestant. Rebekah will not be competing in the finals," said George Bauer, interim president of the Miss America Organization. "Rebekah will be our guest in Atlantic City. We'd like to continue her status as a VIP guest."

Revels has been participating in rehearsals and preliminary events along with Clymer, her successor as Miss North Carolina, under a temporary order issued by a state judge last week, while she pursued a federal judge's ruling compelling the pageant to let her compete for the crown.

U.S. District Judge James Fox refused to issue such an order. But he left it up to the Miss America organization whether to exclude her.

Bauer said he was happy that the judge "understood the Miss America Organization that well. We have very high standards of integrity, no reflection on Rebekah Revels at all. We try to attract the highest quality young women in the country."

Neither Revels nor Clymer could immediately be reached for comment. Revels was not taking calls in her Atlantic City hotel room. Clymer was with other pageant contestants practicing at Boardwalk Hall.

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

A new Miss America will be crowned on Sept. 21.

Revels resigned in July after a former boyfriend told pageant officials he had two topless snapshots of her. Clymer, 24, the first runner-up, then assumed the title of Miss North Carolina. But Revels later claimed she was unfairly forced to resign, and she went to court to reclaim the title.

The organizers of the North Carolina pageant contended that because of the pictures, Revels breached the morals clause in her contract.

Fox said that it was not clear whether Revels would prevail in her dispute. As a result, he said, he would not compel the pageant to include her as a contestant in the meantime.

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

The judge said 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."

By Estges Thompson