Dallas man attacked at BJs and denied help by paramedic

Posted on 01 Aug 2014 at 1:54pm

Zachary McGinnis shows where he was cut when a man hit him in the head with a glass at BJ’s on Tuesday.

A Dallas paramedic allegedly refused to treat a gay man at BJ’s NXS! this week after the man was hit in the head with a glass by another patron.

Zachary Taylor McGinnis said he was at the gay bar on Fitzhugh Avenue on Tuesday evening, July 29. He said he was speaking to a woman who was apparently with a man standing on her other side when the man suddenly hit him in the head with a glass, grabbed the woman and stormed out.

McGinnis said he and a friend followed the couple outside and were there when Dallas Fire and Rescue personnel arrived. Paramedics in Dallas Fire Department Truck 8 responded to the 911 call.

“The [paramedic] gets out, walks around the truck, saw my bleeding head, saw the other patrons outside and said, ‘I’m not treating him,’” McGinnis said.

McGinnis’ friend said, “Excuse me?” And the paramedic repeated, “I’m not treating him.”

“Why?” McGinnis asked.

“You have blood on you,” the paramedic said.

“Aren’t you a paramedic?” McGinnis’ friend asked.

“You need to step back,” the paramedic said.

Police also responded to the scene, apparently in response to a call for assistance by the paramedic.

A female paramedic gave McGinnis gauze and a bandage and is not part of his complaint.

When police and paramedics left, McGinnis said he tried to go back into BJ’s to close his bar tab. Management wouldn’t allow him back in and, he said, he still hasn’t retrieved his credit card.

McGinnis spoke to Dallas police LGBT liaison Laura Martin, who directed him to fire department liaison Sherry Durant. Martin said she spoke to Durant, who said she will guide McGinnis through the complaint process. But as of Friday noon, Durant has not returned repeated calls from Dallas Voice or calls from McGinnis.

Dallas Voice has also been unable to contact anyone from BJ’s NXS! for comment.

Dallas Voice will continue to follow developments in this situation. Watch for updates as we get more information.


Dallas Parks and Rec Department holding public meetings on master plan

Posted on 01 Aug 2014 at 11:36am

If you care about the future of Dallas’ recreational programs and facilities — parks and such — then you will want to pay attention to the Dallas Parks and Recreation Department’s schedule for five upcoming community meetings at which folks have a chance to hear what the city has planned and to offer input.Screen shot 2014-08-01 at 11.34.34 AM

The meetings are the first phase of the city’s effort to create a “recreation master plan” and update its “overall comprehensive strategy known as the Renaissance Plan,” according to a press release from the city.

The meetings all start at 6 p.m. The schedule is:

• Tuesday, Aug. 5, at Janie C. Turner Recreation Center, 6424 Elam (214-670-8277), and at Campbell Green Recreation Center, 16600 Parkhill Drive (214-670-6314).

• Wednesday, Aug. 6, at Grauwyler Recreation Center, 7780 Harry Hines Blvd. (214-670-6302) and Kiest Recreation Center, 3080 S. Hampton (214-670-1918).

• Thursday, Aug. 7, at Harry Stone Recreation Center, 2403 Millmar (214-670-0949).

Park and reception staff will lead the meetings and community members — individuals and groups — will have a chance to share comments, ask questions about the strategic planning process and hear a summary of the department’s progress toward the Renaissance Plan.

When it is finished, city officials said the master plan will be the Dallas Parks and Recreation Department’s first all-inclusive blueprint specifically addressing changing trends in municipal recreation programs, facilities and leisure opportunities.

The Renaissance Plan was implemented in 2002.

Dallas Parks and Recreation is one of the country’s largest urban park systems. The department cares for almost 24,000 land and water acres that include 379 parks, 100 trail miles, athletic fields and natural areas. It manages and operates 39 recreation centers, six golf courses, six tennis centers, Bahama Beach Waterpark and Fair Park.


Ugandan court strikes down anti-gay law

Posted on 01 Aug 2014 at 10:41am

Welcome to Uganda

A court in Uganda declared its anti-gay law unconstitutional.

The “death to gays” law that was originally proposed didn’t pass but the law enacted provided for jail terms of up to life for those convicted of engaging in gay sex.

Ugandan LGBT rights advocates are calling this ruling a “step forward,” and a win for Ugandan rule of law.

The ruling invalidated the law because the Parliament lacked a quorum during the session in which it passed, according to Associate Press. The ruling can be appealed to the Supreme Court or the law can be passed again in a legal session of Parliament.


LGBT Houston group posts anti-HERO petitioners’ names and addreses online

Posted on 31 Jul 2014 at 4:11pm

HERO petitionThe Houston GLBT Political Caucus posted copies of the petition asking for a recall of Houston’s Equal Rights Ordinance. The petition includes the names and addresses of 50,000 people.

Only 25,000 signatures were needed to force the issue onto the ballot. Signatures are still being verified, but there will probably be enough to force a vote. Mayor Annise Parker, who championed the ordinance, said she will have it placed on the November ballot if the city secretary certifies the vote.

GLBT Political Caucus President Noel Freeman encouraged people to look through signatures on the petition to see if their names were added fraudulently.

Those petitioning the city said the organization posted the names and addresses as a form of intimidation and to get people fired from their jobs.

In a KHOU-TV report, one supporter of the ordinance found irony in this.

“I just find it incredibly ironic that a group whose M.O. was to track down gay people outside of bars and try to get them fired from their jobs for decades are now suddenly worried about people losing their jobs,” said Kristen Capps.


Perry speaks at pro-Israel rally at Dallas City Hall

Posted on 30 Jul 2014 at 7:50pm

About 1,000 people gathered on Dallas City Hall Plaza Wednesday afternoon for a rally supporting Israel. Among those in the crowd were members of Congregation Beth El Binah, Oak Lawn’s LGBT synagogue.

Gov. Rick Perry was the first speaker and received a fairly warm welcome from the mostly Jewish crowd, a crowd that predominantly votes Democratic.

Roberta Clark, community director of the Anti-Defamation League in Dallas, said this was an international issue that transcends party lines.

A Christian pastor who said, “I support Israel,” got louder cheers. The only mix of boos and cheers came when one speaker read a message from Sen. Ted Cruz.

Members of the LGBT community who attended had similar reasons for being at City Hall.

“I’m Jewish,” said Beth El Binah member Roz Tuerk. “I support Israel.”

“I’m here to show our community’s support,” said David Moskowitz.

Mark Kline used just one word to say why he attended. “Support,” he said,

Gay activist Geoff Staples said, “I’m here because Israel deserves our support despite Netanyahu.”

Netanyahu is Israel’s conservative prime minister.

Staples pointed out that while Perry never mentioned President Obama, his speech was littered with veiled barbs. Among the governor’s comments were references like, “We can’t have a government that is ambivalent.”

“Blame Obama without saying his name to a largely Democratic crowd,” Staples said.

Few protesters attended. Two people carried signs that read, “Stop killing children” and “Dignity for all.”


Abbott argues equal protection as a right to discriminate

Posted on 30 Jul 2014 at 12:02pm
Texas AG Greg Abbott

Atty. Gen. Greg Abbott

In his brief filed Monday with the 5th Circuit Court of Appeals in the Texas marriage case, Attorney General Greg Abbott used the Equal Protection Clause to argue for discrimination.

Earlier this year, a U.S. District court in San Antonio threw out the Texas marriage amendment on the basis of due process and equal protection guaranteed in the U.S. and Texas constitutions.

“This does not require a state to confer equal treatment on things that are truly different from one another in relevant respects, and the district court did not deny that opposite-sex unions are the only type of human relationship that is biologically capable of producing children,” Abbott wrote.

In other words, equal protection protects Abbott’s right to discriminate. Special rights should only be given to couples seen as capable of reproducing and not to those couples adopting the kids whose reproducing parents aren’t taking care of them.

He dismissed the idea that opposite-sex couples may marry who may not have children by saying rational basis “allows states to enact over-inclusive or under-inclusive laws” and that “rational-basis review does not require a state to produce evidence that a law will achieve its objectives.”

So Texas’ argument to defend discrimination is that that state may discriminate because gay and straight are different and if the argument for straight marriage is procreation, Texas can make laws favoring procreation even if they don’t work.

Abbott dismisses calling gays and lesbians a “suspect class” that should be protected because “The political influence of the gay-rights movement has only grown since the time of the many court decisions rejecting suspect-class status.”

In other words, rather than protecting everyone’s rights equally, it’s OK to discriminate against gays and lesbians now because we’re actually politically stronger than we used to be.

Abbott also dismisses due process — the entire concept.

“There is also no stopping point to this abstraction maneuver. If courts and litigants can create a constitutional right to same-sex marriage by defining it as part of a more general ‘right to marry,’ then any conduct that has been traditionally prohibited can become a constitutional right simply by redefining it at a higher level of abstraction — perhaps as part of a ‘right to be let alone’ or a ‘freedom not to conform,’” he wrote.

Abbott’s brief is a rehash of arguments put forth in 20 other cases that other states have lost and the conservative Fifth Circuit is just likely to buy it. He even quotes from Bowers v. Hardwick in his brief. That case was overturned by Lawrence v. Texas. He might as well have quoted from the Dred Scott decision.


1 killed, 1 injured in break-in in Fort Worth

Posted on 29 Jul 2014 at 4:51pm
Screen shot 2014-07-29 at 4.47.40 PM

Miguel Angel Hernandez

Dallas Voice has learned that a member of Celebration Community Church was killed and another was severely injured by a man who broke into their home on Fort Worth’s west side early Sunday morning.

According to reports in the Fort Worth Star-Telegram, James Bowling, 56, was killed when he and Don Keaton, 82, confronted the intruder, identified by police as Miguel Angel Hernandez, 29.

According to the Tarrant County Medical Examiner’s website, Bowling was strangled to death. The Medical Examiner places his time of death at 3:06 a.m.

Police said Keaton suffered multiple blunt force injuries and that both men suffered chemical burns that could have resulted from Hernandez throwing drain cleaner on him. They said Keaton may have suffered permanent damage to his eyes from the cleaner.

Celebration Community Church Pastor Carol West said that Keaton and Bowling had been members of her church for “at least 15 or 16 years” and were both active in “quite a few aspects of our church’s ministry.”

“They were both wonderful, loving men. Just good, good men, very good-hearted,” West said Tuesday. “This attack was just so random. It is really scary for a lot of people in our congregation that it was so random and so violent.”

Police believe Hernandez chose Keaton and Bowling’s home at random. Patrol officers found him sitting in his own truck, naked, two houses down, according to Star-Telegram reports. Police said he took off his bloody clothes and left them in the yard of Keaton and Bowling’s home, but left the keys to his vehicle in he pocket of his pants in the yard.

Hernandez was treated for multiple cuts, apparently incurred when he jumped through a window to escape the house, and booked into the Mansfield Jail. He was already wanted on outstanding warrants, including one for a parole violation on a sexual assault charge from 2010 for failing to register as a sex offender, and on a warrant for insufficient bail on a pending DWI charge. He has been convicted in Tarrant County on charges of assault with bodily injury and failure to identify, as well as DWI and sexual assault.


Abbott a no-show at petition drop

Posted on 29 Jul 2014 at 10:54am

AG delivery2Texas Attorney General Greg Abbott, the Republican nominee for Texas governor, was a no-show Monday when Equality Texas dropped off nearly 5,200 petitions demanding Gov. Rick Perry and Abbott drop their defense of the state’s same-sex marriage ban.

“Despite the plans prearranged last week in which a staff member would meet us in the lobby and take possession of the petitions, the Attorney General’s office said they would only accept the petitions if they were mailed via an acceptable ground carrier,” wrote Chuck Smith in an e-mail.

Instead of giving up, the group headed to the nearby UPS store and mailed them. They’re expected to arrive today.

The action comes after the Feb.26 ruling earlier this year finding Texas’ ban on same-sex marriage to be unconstitutional. Despite growing support for same-sex marriage both in Texas and nationwide, Abbott and Perry appealed the ruling to the 5th Circuit of Appeals.

Abbott filed that appeal Monday, arguing that Texas was within its constitutional right to ban same-sex marriage.”Because same-sex relationships do not naturally produce children, recognizing same-sex marriage does not further these goals to the same extent that recognizing opposite-sex marriage does,” the brief reads. “That is enough to supply a rational basis for Texas’s marriage laws.”

Birds of a feather stick together.


North Carolina AG will no longer defend marriage law, SC will, WV might

Posted on 29 Jul 2014 at 10:23am
North Carolina Attorney General Roy Cooper

North Carolina Attorney General Roy Cooper

In reaction to the 4th Circuit Court of Appeals declared Virginia’s marriage ban unconstitutional, three other states in the circuit announced three different plans for their states.

North Carolina Attorney General Roy Cooper (D) announced that he will no longer legally enforce his state’s ban on marriage equality.

“Our attorneys have vigorously defended North Carolina marriage law, which is their job,” Cooper said, according the Raleigh Herald Sun. “But today we know our law almost surely will be overturned as well. Simply put, it is time to stop making arguments we will lose and instead move forward, knowing that the ultimate resolution will likely come from the U.S. Supreme Court.”

He didn’t say if he will stop county clerks from issuing licenses and, so far, none have announced they will.

Several religious groups, including United Church of Christ and Reform Judaism, filed suit against North Carolina claiming its ban on same-sex marriage violates their freedom of religion.

In South Carolina, Attorney General Alan Wilson (R) announced he will continue to defend and enforce the state’s ban on marriage equality.

The office of West Virginia Attorney General Patrick Morrisey (R) announced, “West Virginia’s case remains pending, so … marriage laws are still in effect as enacted by the Legislature.”

The announcement said the office “is reviewing the decision and will withhold comment until the decision is final.”

The 6th Circuit Court of Appeals in Cincinnati will hear arguments on Aug. 6 for Ohio, Michigan, Kentucky and Tennessee.

The 7th Circuit court of Appeals in Chicago is set for arguments on Aug. 26, and the 9th Circuit in San Francisco for Sept. 8. The 10th Circuit in Denver overturned Utah’s ban in June.


UPDATE: Appeals court throws out Virginia marriage ban

Posted on 28 Jul 2014 at 4:28pm

Ted OlsonThe 4th Circuit U.S. Court of Appeals rejected Virginia’s marriage ban, upholding a lower court ruling. This is the third appeals court ruling on same-sex marriage. The 10th Circuit threw out Oklahoma’s marriage ban earlier this month and that court did the same with Utah’s marriage ban earlier this year.

The Virginia ruling was a 2-1 decision.

“We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws,” the judges wrote in the majority opinion.

The winning attorneys in the case were David Boies and Ted Olson, who represented same-sex couples in California’s Prop 8 case decided by the Supreme Court last year.

“Today’s decision sends a message that everyone deserves the dignity and protection that only comes with marriage,” said ACLU’s James Esseks.

“This news is thrilling,” Lambda Legal’s Greg Nevins said. “We argued that barring Virginia same-sex couples from marriage is unconstitutional and harms families and the court agreed. With this ruling, all of Virginia’s same-sex couples are one step closer to the freedom to marry.”

This ruling may be appealed to the U.S. Supreme Court. More on the ruling from The Washington Post.