Unanimous California Supreme Court Rejects Attempt to Limit Discrimination Claims by People with Disabilities
‘The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.’
(San Francisco, June 11, 2009) — Today the California Supreme Court unanimously ruled that California’s Unruh Civil Rights Act does not impose extra legal hurdles for people with disabilities, including people living with HIV who seek damages for discrimination.
Statement from Tara Borelli, Staff Attorney at Lambda Legal and a principal author of the friend-of-the court brief Lambda Legal submitted urging today’s legal result in Munson v. Del Taco:
“The Court rightly rejected efforts to misread the Unruh Civil Rights Act to impose extra legal hurdles which would have harmed all disabled Californians who face discrimination in public accommodations, including those living with HIV.
“Real, reliable change for people with disabilities has been painfully slow in coming but the high court’s decision today promises greater fairness in California. The Court’s decision furthers the Unruh Act’s purpose to eradicate arbitrary and invidious discrimination from California’s business establishments.
“Though this case does not directly involve people living with HIV, the application of this decision will be helpful to all people living with disabilities who encounter discrimination, which includes many Californians living with HIV.”
Background on Munson v. Del Taco:
Kenneth Munson, a wheelchair user, filed suit against Del Taco, Inc. alleging violations of the federal Americans with Disabilities Act and California’s Unruh Act. Munson’s suit is based on claims arising from visits he made to one Del Taco restaurant, where he encountered architectural barriers to his use of the parking lot and restroom.
Background on Unruh Civil Rights Act:
California’s Unruh Civil Rights Act requires that public accommodations — businesses such as restaurants, rental housing, and doctors’ offices — are open to everyone, without arbitrary discrimination based on disability (including HIV), sex (including gender identity), sexual orientation, marital status, race or several other personal characteristics. Similarly, the federal Americans with Disabilities Act (ADA) forbids denying disabled people equal access to public places. In 1992, California revised the Unruh Act to better protect disabled Californians from discrimination by saying that a plaintiff who proves an ADA violation has also proven a state law violation.
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Original source : http://gay_blog.blogspot.com/2009/06/unanimous-cal…
Women Inmates Segregated For “Looking Gay”
Virginia’s largest women’s prison rounded up inmates who had loose-fitting clothes, short hair or otherwise masculine looks and placed them in a separate cell block. That’s according to prisoners and corrections officers who talked to The Associated Press about the practice. They say dozens were moved in an attempt to split up relationships and curb illegal sexual activity at the 1,200-inmate Fluvanna Correctional Center for Women in Troy. Some straight women were sent to the wing strictly because of their appearance. Civil rights advocates called the moves unconstitutional punishment for “looking gay.” Fluvanna Warden Barbara Wheeler denied that any housing decisions were made based on looks or sexual orientation, and said doing so would be discriminatory. Inmates said life in the so-called “butch wing” or “locker room wing” wasn’t much different than other units. But both inmates and employees said the unit was locked down more often than others, and the women said they were verbally harassed by staff.
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Original source : http://gay_blog.blogspot.com/2009/06/women-inmates…
Former gay-porn actor guilty of Denver murder
A male escort was convicted this afternoon of the premeditated murder of his boss and former sexual partner, and now will spend the rest of his life in prison. Timothy Boham, 28, was found guilty by a nine-woman, three-man jury in Denver District Court of first-degree murder after deliberation, felony murder and aggravated assault. Colorado law mandates that someone found guilty of first-degree murder must spend the rest of their life in prison, without the possibility of parole. Judge Will Hood Jr. will hand down the sentence Tuesday. The jury took less than five hours to convict Boham, whose lawyers — Amber St. Clair and Kristan Wheeler — claimed that his victim, wealthy Denver businessman J.P. Kelso, committed suicide. They tried to persuade the jury that the murder scene was merely a coverup for a suicide so that Kelso’s life-insurance policy would pay out. According to four days of testimony, Boham had a paid sexual encounter in late 2005 with Kelso, who owned Professional Recovery Systems, a debt-collection agency where Boham briefly worked twice. Boham, a former gay-porn actor, said he and Kelso hung out together numerous times in the 11 months they knew each other.
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Durbin Admits To Beating Gay Man
WHEELING — James Durbin 38, told Judge Arthur Recht that he beat a 40-year old gay man in the streets of Wheeling. The victim tells 7 News that he called him a faggot just before the brutal beating that left the victim hospitalized with more than 20 stitches, a broken nose and swollen, blood filled eyes.
Police officers who responded to the beating were prepared to testify that they saw Durbin beating the man. However, Durbin’s attorney said there would be no need for the testimony because his client admits to beating the victim while he was out on bond for domestic violence charges.
Durbin allegedly bit his father’s shoulder and allegedly punched his stepmother earlier this year. Judge Recht says the beating violated his terms of bond and he ordered Durbin held in the Northern Regional Jail without bond on all of the charges against him.
Ohio County Prosecutor Shawn Turak says that if Durbin is found guilty on all of the charges he could face life in prison. Prosecutors can not charge him with a hate crime under West Virginia law.
See Durbin Admits To Beating Gay Man State Journal * Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/05/durbin-admits…
Right Wing “Christians” Push for Same Sex Marriage Ban in Mountain State of West Virginia
WHEELING – There’s a controversial move underway for a constitutional amendment in West Virginia.
It would define marriage as between one man and one woman.
West Virginia already has a Defense of Marriage Act, passed by the Legislature about ten years ago.
But Jeremy Dys of the Family Policy Council of West Virginia says it’s not strong enough.
He wants a constitutional amendment.
It was no coincidence he visited the area on a Sunday.
Church members are usually a friendly audience for the one-man, one-woman marriage message.
Dys spoke at the Ohio Valley Christian Center on National Road:
“Same sex marriage is a very close reality in WV. Closer than many people think. This is too big of an issue for anyone to decide except the people. Let it go to the people themselves. The Legislature shouldn’t be deciding this. Courts shouldn’t be deciding this. The people of West Virginia should.”
An amendment ballot issue would need a two-thirds vote of the legislature.
See Push for Same Sex Marriage Ban in Mountain State
State Journal - Charleston,WV,
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Original source : http://gay_blog.blogspot.com/2009/03/right-wing-ch…
Video: Gay spouse on Wheel
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