Lambda Legal Files Federal Lawsuit Against Assisted Living Facility Following Eviction of HIV-Positive Retired Minister
‘They shunned and rejected him, making him feel like a complete outcast.’
(Little Rock, Ark.) — Lambda Legal announced today that it has filed suit in U.S. District Court for the Eastern District of Arkansas against Fox Ridge of North Little Rock, an assisted living facility.
The lawsuit was filed on behalf of 75-year-old Reverend Dr. Robert Franke, a retired university provost and Unitarian-Universalist minister, and his daughter, Sara Franke Bowling.
Dr. Franke, who relocated to Little Rock to be closer to his daughter, moved in to Fox Ridge after fulfilling all of its residency requirements — including submission of medical evaluation forms from a local physician. The next day, however — after realizing Dr. Franke is HIV-positive —Fox Ridge officials abruptly ejected Dr. Franke from the facility. A Fox Ridge staffer told Bowling her father’s personal belongings could remain, but that the “body” had to be out by the end of the day.
“I was stunned that my dad was thrown out of his new home,” said Bowling. “The people at Fox Ridge were supposed to make sure that he was comfortable and cared for, and instead they shunned and rejected him, making him feel like a complete outcast.”
Dr. Franke requires no special medical attention beyond daily medication and regular check-ups with a physician, and Fox Ridge is licensed by the state to provide Dr. Franke with the kind of care he and his daughter were seeking for him.
“Federal and state laws exist to protect people from just this sort of unjust treatment,” said Scott Schoettes, HIV Project staff attorney for Lambda Legal. “Unfortunately, this is something we are seeing far too frequently, all across the country. Those tasked with caring for our elderly loved ones need to know that it is illegal to discriminate against someone with HIV based on outdated and misguided beliefs about its transmission.”
Franke and Bowling are seeking damages under the Fair Housing Act, the Arkansas Civil Rights Act and the Arkansas Fair Housing Act, as well as an injunction, under those laws and the Americans with Disabilities Act, preventing Fox Ridge from continuing to engage in this kind of conduct.
“This is about doing the right thing,” said Franke. “I want to make sure it doesn’t happen to anyone else — because no one should ever be made to feel the way I did.”
Scott Schoettes, HIV Project Staff Attorney, and Kenneth Upton, Supervising Senior Staff Attorney, are handling the case for Lambda Legal. They are joined by co-counsel Gary L. Sullivan of the Tripcony Law Firm in Little Rock, Arkansas. The case is Robert G. Franke and Sara Franke Bowling v. Parkstone Living Center, Inc., dba Fox Ridge at North Little Rock.
* Tags = gay men gay news lesbian news transgender bisexual
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Gay Pride in Moscow: Report from a Chicago Activist
MOSCOW, May 14, 2009 (Gay Liberation Network) – After 14 hours of flights, last night I found myself in Eastern Europe for the first time in my life, warmly greeted by lesbian and gay activists who, despite state repression, are organizing their fourth annual pride event in this city. This year’s event is dubbed ‘Slavic Pride’, denoting the significant participation of activists from around the region.
The previous three years’ events have gone forward despite bans from the authorities and violence from neo-fascists in Russian orthodox and skinhead garb. This year the authorities not only banned the Pride event, but for good measure, approved the anti-gays’ application to hold their own event this past Tuesday.
That same day, our Moscow friends countered with their own unsanctioned action at the Department of Registration of Acts of Civil Status – an attempt by two lesbian activists to get a marriage license.
Leading Slavic Pride activist Nikolai Alekseev said the action was inspired in part by a February civil disobedience action at a marriage license bureau in Chicago. The Moscow action received widespread international press coverage, including from the New York Times.
As I shadowed Alekseev around the city last night, press coverage if anything seemed to build, with Nikolai’s two cell phones ringing incessantly and meetings with Finish and Slovenian journalists held near midnight just outside of Red Square.
Slavic Pride is slated for this Saturday, amidst the big ‘Eurovision Fest’ being hosted this year by Moscow. For those not familiar with what Eurovision is, think American Idol times ten, with a profusion of media coverage and street banners that puts Chicago’s 2016 Olympics bid hype to shame.
While our specific plans for Saturday are necessarily secret at this time, the aim is to cause maximum embarrassment to the government if they attempt to arrest us or allow the neo-fascists to attack.
In response to Moscow activists’ application for a permit this year, police chief Vladmir Pronin told the Russian news agency Interfax that gay pride parades in the capital are “unacceptable – gay pride parades shouldn’t be allowed”.
“No one will dare to do it, such ‘braveheart’ will be torn to shreds,” he added. “The West can say we’re bad guys, but our people will see it is right. Our country is patriarchal, that’s [sic] sums it up… I positively agree with the Church, with the Patriarch, politicians, especially with [Mayor] Luzhkov, who are convinced that man and woman should love each other. It is established by God and nature.”
However, Moscow Pride organizers have vowed to move forward with this year’s Pride event despite the police chief’s threats.
“Mr. Pronin already showed his incompetency last year when his services were unable to prevent us unveiling a banner directed against the Mayor, right opposite his office,” said Alekseev.
The main pride event successfully took place nearby at the monument to the famous Russian gay composer, Peter Tchkaivosky, while the authorities and neo-fascists were hoodwinked in to thinking that it would take place outside of homophobic Mayor Yuri Luzhkov’s office.
Today at the start of a gay rights conference at an undisclosed location east of the city, I was joined by British gay rights campaigner Peter Tatchell and LGBT activists from around Russia and Belorussia Minsk, Rostof, Sochi, Ufa, St. Petersburg, Krasnodar, Ekaterinbourg, Volgodonsk, Ryazan and of course Moscow.
As we gathered on a coach to go to the conference, Moscow activist Nikolai Baev explained how a group of young activists from Ryazan, about 200 miles south of the capital, got involved in organizing this year’s Slavic Pride:
“There is a very discriminatory law in the Ryazan region which prohibits so-called propaganda about homosexuality20and among minors. The law passed in 2006 and we had pickets that said that homosexuality is absolutely normal and we are proud of our situation. We picketed in front of schools in Ryazan and we were detained because it was illegal.”
Two people were found guilty and fined 1500 roubles (about $45 US) each. Alekseev came to Ryazan to help in the campaign and in the appeal of their cases to the Constitutional Court of Russia.
Then, Sergey Yenin, 19, explained how he became involved in gay rights organizing in Belorussia :
“I felt myself to be gay from my early childhood, he explained.
“Last year I came to Minsk and there I got acquainted with some gay activists and I thought it would be great if I fought for my gay rights. There are a lot of people who don’t fight for their rights, who don’t participate in such activist movements, and they just consume our achievements.
“For example, we fought for our gay club, our one gay club in Minsk. It was in danger of being closed [by the government], but it still exists, due to us.”
I asked Sergey if he had participated in Minsk Pride events before.
“Yes, of course. The most outstanding Pride parade took place in 2001. But I didn’t participate because I was only 11 then. There were over 300 people participating in this event and 300 watching. This was fabulous This was an historical moment in Belorussia.
“The last one took place in October of 2008. It was named Queer Walk and it took place on the 11th of October 2008, the international day of coming out, and we organized a pride parade. It was a rather private, intimate event, there were fifty participants because we cannot organize such a public event because of our government.
“If we applied for an event, we would be denied.
“There is an action that takes place [each year] called Chernobyl Way, and all of the opposition parties take place there, and our LGBT group participated last year and this year. Last year we raised the rainbow flag and there were a lot of bad comments about it, there were a lot of thre ats [of violence]. There were such political parties as Right Alliance, and they threaten us all of the time. This year we didn’t20raise our rainbow flag because the organizer of the Belorussian National Front, the main opposition party, they coordinated a call to us, do not raise your rainbow flag, not because we have anything against you, because our fight for clean air, free of radiation will turn into a fight for gay rights.”
I asked Sergey why he personally joined the 15 others for the ten hour train ride from Belorussia to join this Saturday’s Slavic Pride: “I [only] made the conclusion [to come] on May 12 because I was really very frightened about myself and my friends. I know that there is some information that Pride is going to be canceled, and more than this, that Pride participants are going to be beaten.
“Because this is my fight really.If I don’t go to the pride parade, who will go there? My reasons to come was to support my friends – and of course to support gay rights.”
SEE ALSO
Tatchell To Attend Moscow Gay Pride. Despite threats to bash and arrest the marchers, British gay human rights campaigner Peter Tatchell will attend this Saturday’s Moscow Gay Pride parade – this year renamed Slavic Gay Pride to support the lesbian, gay, bisexual and transgender (LGBT) equality struggles in all Slavic countries, Russian and non-Russian. (UK Gay News, May 11, 2009)
Gay Marriage Campaign Starts in Russia. Two women will apply for a marriage license in Moscow on May 12, it emerged this afternoon. The announcement was made today during a press conference for Slavic Pride which is planned for later this month in Moscow. (UK Gay News, May 5, 2009)
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Thousands flock to gay marriage hearing in Maine
AUGUSTA, Maine — Same-sex couples from around the state urged Maine lawmakers to pass a bill that would allow them to marry, while opponents asked that it be rejected. A hearing is being held today before the Judiciary Committee at the Augusta Civic Center.
Supporters outnumbered opponents roughly four to one as the legislative hearing got under way about 9:30 a.m. About 3,000 people filled the auditorium.
Click here to listen to the live testimony.
Kate and Erica Quinn-Easter of Stockholm said they have done everything they can do under the law to protect each other. They even were married in Massachusetts five years ago but that union is not recognized in Maine.
“During the past 10 years with lots of pieces of paper we’ve proven our commitment to each other over and over again,” Erica Quin-Easter said. “It’s time the state of Maine recognized our marriage.”
In addition to LD 1020, committee members also were scheduled to heard testimony on LD 1118 that would extend to people registered on the state’s domestic partner registry the same rights and benefits as those who are married but would stop short of creating civil unions. Rep. Leslie Fossel, R-Alna, the sponsor of the bill did not attend the hearing and no one spoke in favor of or against it during the morning session.
See Thousands flock to gay marriage hearing Bangor Daily News
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Iraqi gay men face ‘lives of hell’
Grainy footage taken on a mobile phone and widely distributed around Baghdad shows a terrified young Iraqi boy cowering and whimpering as men with a stick force him to strip, revealing women’s underwear beneath his dishdasha (Arab robe).
“Why are you dressed as a girl?” roars one of the men, brandishing his stick as the youth removes his brassiere.
The sobbing boy, who appears to be about 12, tries to explain that his family made him do it to earn money, as they have no other source of income.
The scene, apparently filmed in a police post, reinforced reports of a campaign against gay men in Iraq which activists say has claimed the lives of more than 60 since December.
In the latest manifestation of the campaign, posters have appeared on walls in the poor Shia suburb of Sadr City in eastern Baghdad, listing alleged homosexuals by name and threatening to kill them.
Those named have gone underground, while gay men throughout the city and in some other parts of the country also live in fear.
See Iraqi gay men face ‘lives of hell’
BBC
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Video: C-SPAN Vignette: US Army Patrol in Diyala Province, Iraq C-SPAN Video: C-SPAN Vignette: US Army Patrol in Diyala Province, Iraq C-SPAN
Fresh Anti-Gay Death Threats In Iraq On Top Magazine
Iraqi Gay Murders Surge; World Finally Takes Note Gay City News
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Gay families take part in WH Easter Egg Roll
(Washington) President Barack Obama welcomed thousands of children and families to the White House Easter Egg Roll Monday, calling it “one of the greatest White House traditions.”
Obama and his wife, Michelle, appeared with on a balcony overlooking the South Lawn where thousands of children and families took a break from …
Obamas invite gay families to Easter Egg Roll
(Washington)The White House is allocating tickets for the upcoming Easter Egg roll to gay and lesbian families as part of the Obama administration’s outreach to diverse communities.
Families say the gesture shows that the new Democratic administration values them as equal to other families. And for many, being included in the …
