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caring for our elderly loved ones need to know that it is illegal to discriminate against someone with HIV based on outdated and misguided beliefs about its transmission.”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.
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ACLU Sues Nassau County Schools to Enforce Right of Gay Straight Alliance to Meet at Yulee High School and Yulee Middle School
The SBNC superintendent said in a letter denying access to the GSA that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.
“We just want the club so that straight and gay kids can get together to talk about harassment and discrimination against gay kids in an open environment. The school is discriminating against us and that’s exactly the kind of thing we want to talk about and prevent,” said Hannah Page, ACLU plaintiff and student at Yulee High School. “Other clubs and groups are allowed to meet on campus and we have that right too.”Bullying of LGBT students in Nassau County Schools is a serious problem. Plaintiffs Hannah Page and Jacob Brock, who are gay, report that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at school.
GSAs are student organizations made up of straight and gay students who wish to advocate for an end to bullying, harassment, and discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) students. There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN).
The federal Equal Access Act requires schools to grant access and official recognition to a GSA (and most other student groups) if the school allows any extracurricular groups to meet on campus. SBNC denied the Yulee GSA access and official recognition even though other student organizations, such as the Fellowship of Christian Athletes, meet regularly at YHS and YMS.
“We are taking a stand today because gay students are entitled to a safe and secure education. Gay and lesbian students deserve schools that heed the rule of law,” said Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project. “These students are trying to bring a message of equality and openness, and the lesson they are being taught is that
Yulee High School administrators believe discrimination against LGBT students is an acceptable policy. Discrimination and harassment by students will never end as long as schools discriminate themselves.”
The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, and seeks a preliminary injunction to force school officials to allow the GSA to meet at Yulee High School while the litigation makes its way to trial.
The ACLU of Florida recently won a similar federal case when school officials in Okeechobee, Florida refused to allow a GSA to meet at Okeechobee High School. The judge ruled that schools must provide for the well-being of gay students and cannot discriminate against the GSA. The Okeechobee County School Board paid $326,000.00 in attorneys’ fees for refusing to follow the law in that case. You can read more about the Okeechobee case at: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3654
The lawsuit was filed today in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, director of the ACLU of Florida’s LGBT Advocacy Project, is lead counsel for the ACLU’s case, Gay-Straight Alliance of Yulee High School v. School Board of Nassau County. LGBT Advocacy Project staff attorney Shelbi Day, ACLU of Florida legal director Randall Marshall, and associate legal director Maria Kayanan will also represent the plaintiffs.
A copy of the Complaint can be viewed at: http://www.aclufl.org/pdfs/YuleeComplaint.pdf
A copy of the motion for preliminary injunction can be viewed at: http://www.aclufl.org/pdfs/YuleePI.pdf
Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook at: www.aclufl.org.
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Original source : http://gay_blog.blogspot.com/2009/02/aclu-sues-nas…
ACLU Sues Nassau County Schools to Enforce Right of Gay Straight Alliance to Meet at Yulee High School and Yulee Middle School
The SBNC superintendent said in a letter denying access to the GSA that groups with names referencing a specific sexual orientation would not be recognized and that even if the group changed its name to one not communicating a gay-specific mission, approval was uncertain.
“We just want the club so that straight and gay kids can get together to talk about harassment and discrimination against gay kids in an open environment. The school is discriminating against us and that’s exactly the kind of thing we want to talk about and prevent,” said Hannah Page, ACLU plaintiff and student at Yulee High School. “Other clubs and groups are allowed to meet on campus and we have that right too.”Bullying of LGBT students in Nassau County Schools is a serious problem. Plaintiffs Hannah Page and Jacob Brock, who are gay, report that students have threatened to beat them up based on their sexual orientation, and both are routinely called derogatory names at school.
GSAs are student organizations made up of straight and gay students who wish to advocate for an end to bullying, harassment, and discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) students. There are over 4,000 GSAs in the U.S., according to the Gay, Lesbian and Straight Education Network (GLSEN).
The federal Equal Access Act requires schools to grant access and official recognition to a GSA (and most other student groups) if the school allows any extracurricular groups to meet on campus. SBNC denied the Yulee GSA access and official recognition even though other student organizations, such as the Fellowship of Christian Athletes, meet regularly at YHS and YMS.
“We are taking a stand today because gay students are entitled to a safe and secure education. Gay and lesbian students deserve schools that heed the rule of law,” said Robert Rosenwald, Director of the ACLU of Florida’s LGBT Advocacy Project. “These students are trying to bring a message of equality and openness, and the lesson they are being taught is that
Yulee High School administrators believe discrimination against LGBT students is an acceptable policy. Discrimination and harassment by students will never end as long as schools discriminate themselves.”
The ACLU filed the suit alleging violations of the First Amendment and the Federal Equal Access Act, and seeks a preliminary injunction to force school officials to allow the GSA to meet at Yulee High School while the litigation makes its way to trial.
The ACLU of Florida recently won a similar federal case when school officials in Okeechobee, Florida refused to allow a GSA to meet at Okeechobee High School. The judge ruled that schools must provide for the well-being of gay students and cannot discriminate against the GSA. The Okeechobee County School Board paid $326,000.00 in attorneys’ fees for refusing to follow the law in that case. You can read more about the Okeechobee case at: http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3654
The lawsuit was filed today in the Jacksonville Division of the U.S. District Court for the Middle District of Florida. Robert Rosenwald, director of the ACLU of Florida’s LGBT Advocacy Project, is lead counsel for the ACLU’s case, Gay-Straight Alliance of Yulee High School v. School Board of Nassau County. LGBT Advocacy Project staff attorney Shelbi Day, ACLU of Florida legal director Randall Marshall, and associate legal director Maria Kayanan will also represent the plaintiffs.
A copy of the Complaint can be viewed at: http://www.aclufl.org/pdfs/YuleeComplaint.pdf
A copy of the motion for preliminary injunction can be viewed at: http://www.aclufl.org/pdfs/YuleePI.pdf
Students can learn more about their rights by downloading a free copy of the ACLU of Florida’s Student Rights Handbook at: www.aclufl.org.
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Original source : http://gay_blog.blogspot.com/2009/02/aclu-sues-nas…
“Will of the Voters” must be obeyed – unless it embarrasses those thin skinned Marriage Ban Donors
SAN FRANCISCO — In many ways it is a typical map, showing states, highways, cities and streets.
But also dotting the online display are thousands of red arrows, marking spots from Bryn Mawr, Pa., to Jamacha, Calif., identifying the addresses of donors who supported Proposition 8, which outlawed same-sex marriage in California.
It is exactly those arrows that concern supporters of the measure, who say they have been regularly harassed since the election — with threatening e-mail messages and sometimes boycotts of their businesses.
“Some gay activists have organized Web sites to actively encourage people to go after supporters of Proposition 8,” said Frank Schubert, the campaign manager for Protect Marriage, the leading group behind the proposition. “And giving these people a map to your home or office leaves supporters of Proposition 8 feeling especially vulnerable. Really, it is chilling.”
So chilling, apparently, that supporters have filed suit in Federal District Court in Sacramento seeking a preliminary injunction of a state election law that requires donors of $100 or more to disclose their names, addresses, occupations and other personal information. In particular, the suit seeks to stop the final filing for the 2008 election, which is due Jan. 31. That filing includes donations made in the closing days of the campaign, when the proposition surged to victory.
James Bopp Jr., a lawyer from Indiana who filed the lawsuit on the behalf of Protect Marriage, said the harassment of Proposition 8 supporters violated their constitutional rights of free speech and assembly.
“The cost of transparency cannot be discouragement of people’s participation in the process,” said Mr. Bopp, who has argued several prominent cases challenging campaign-finance laws in California and other states. “The highest value in the First Amendment is speech, and some amorphous idea about transparency cannot be used to subvert those rights.”
The election law in question, the Political Reform Act of 1974, was approved by California voters as Proposition 9, and gay rights advocates say there is rich irony in supporters of Proposition 8 opposing the earlier ballot measure.
“They believe in the will of the people if it’s in tune with what they believe,” said Jennifer C. Pizer, marriage project director with Lambda Legal, the gay rights legal organization, in Los Angeles.
Opponents of Proposition 8 are also suspicious of the intent of trying to prevent donors from being identified. “Do they want to hide something?” said Shannon P. Minter, legal director of the National Center for Lesbian Rights in San Francisco. See Marriage Ban Donors Feel Exposed by List New York Times
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Original source : http://gay_blog.blogspot.com/2009/01/will-of-voter…
Woman terrorized gay neighbor
Attorney General gets civil rights injunction on behalf of gay man subject to harassment campaign.
AAG Coakley slaps civil rights injunction on homophobic neighbor from hell
Attorney General Martha Coakley’s office obtained a civil rights injunction Jan. 6 against a Norwood woman for repeated anti-gay harassment of a gay neighbor who lives in the same apartment complex.
“Bias-motivated conduct, such as the harassment and intimidation we allege in this case, are devastating to victims not only because of the immediate physical and emotional harm they cause, but because feelings of fear, anxiety and profound loss of personal security often last far longer than the incident,” said Coakley in a statement. “Beyond their impact on individual victims, hate crimes and other forms of bias-motivated activity are very detrimental to communities, and this type of behavior will not be tolerated.”
In a press release announcing the injunction Coakley’s office details a persistent pattern of harassment by May. In November 2007 May allegedly began spreading rumors that her gay neighbor was a pedophile and sexual predator. Six months later May complained to her landlord after the victim hung a gay pride flag outside his window, and the landlord forced him to remove the flag. May also allegedly shouted anti-gay epithets at the victim on multiple locations within the presence of fellow tenants, and she physically confronted him in the yard of his home. Last August May allegedly made a baseless complaint to Norwood police claiming that the victim had exposed himself to her.
Coakley’s office alleged that as a result of the harassment the victim has feared for his safety and has been forced to alter his routine to avoid having contact with May.
See AG Coakley slaps homophobic neighbor from hell with civil rights … Bay Windows
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