AIDS housing funding survives challenge in Houston city council

Helena Brown

The city funding for four Houston nonprofits providing housing to at-risk populations living with HIV/AIDS survived a challenge from city council member Helena Brown last Wednesday. Under consideration by the council were ordinances to dispense almost $2.5 million in federal funds managed by the city to the SRO Housing Corporation, Bering Omega Community Services, Catholic Charities and SEARCH Homeless services.

Brown initially used a parliamentary procedure known as a “tag” to delay the funding for the Houston SRO Housing Corporation and Bering Omega. Any council member may tag an item under consideration, delaying the vote on the item for one week. Brown explained that she objected to government funding of charitable entities:

“I spoke last week on this very issue on grant funds and the idea that we are, you know, fighting with other entities and other governments for grant funds that really isn’t there. The federal government is in a worse condition than the city of Houston and to continue to try to milk the system where there’s no milk, is just, I mean, we’re fighting with our brothers, as I said last week, to get credit for who is going to push a friend over the cliff… We need to continue to look at the private sector and the business sector. Because even, I attended this event where this wonderful speaker was talking about the generosity of Americans and 80% of donations to nonprofits come from private individuals, not even corporations, and we need to continue to rely on that right now because the government right now, we’re broke – we need to face that reality.”

Other council members spoke passionately of the need for continued funding, arguing that by assisting people living with HIV/AIDS in achieving independence, particularly those who are homeless or at risk of homelessness,  the programs added to the tax based and help insure long-term stability.

“We don’t live in a perfect a world,” said freshman council member Mike Laster (the first out gay man to serve on the Houston City Council). “These organizations do their very best to raise money to care for the people among us, but they still need to reach out to entities that have that kind of capital, and by the grace of God this city and this government as an entity has some of that capitol, and I’m very proud that we’re able to provide those kind of services to some of my community members.”

Council member Wanda Adams, who serves as chair of the council’s Housing and Community Development Committee, also spoke in favor of continuing funding. Council member Ellen Cohen, whose district contains both SRO Housing and Bering Omega, spoke of how her life had personally been touched by AIDS:

“One of the first young men to pass away in New York City was a cousin of mine of something [then] called a very rare form on pneumonia… which we now realize was not. So I understand the need for these kinds of services. On a personal note I worked with Bering and I know all the fine work that they do, I’m addressing all the items but I’m particularly addressing [the Bering Omega funding] and feel it’s absolutely critical that we provide the kind of funding items, and that we are, in fact, our brother’s and our sister’s keepers.

After Laster asked Mayor Annise Parker the procedure for overriding a tag Brown removed her tag, but raised a new concern about HIV/AIDS housing, saying that her office had requested a list of the owners of apartment units where those receiving rental assistance lived. City Attorney David Feldman explained to Brown that federal law prohibits making public information that could be used to identify people receiving assistance through the housing program. Feldman said that, in his legal opinion, revealing the names of the owners of the apartments would violate federal law. Brown said that she was concerned that their might be a “conflict of interest” with apartment owners that needed to be investigated, claiming that as the reason for her tag.

Brown eventually removed her tag, rather than have it overturned. All four ordinances providing funding passed with only Brown voting “nay.”

—  admin

Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

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Laster becomes first out gay man on Houston City Council

Mike Laster

Mike Laster

With 57% of precincts reporting Mike Laster is the presumptive victor in the Houston District J City Council race. Laster, an out gay candidate endorsed by the Victory Fund and the Houston GLBT Political Caucus, has a commanding lead with 67% of the vote. His nearest opponent Criselda Romero trails with 22%.

Laster is the first out gay man to be elected to the Houston City Council.

From the Victory Fund website:

A graduate of the University of Texas at Austin’s Plan II Honors Program, Mike earned his Juris Doctorate from the University of Houston Law Center. While at the Law Center, Mike distinguished himself as the National Vice Chair of the American Bar Association Law Student Division.

Today Mike is an attorney specializing in real estate with the firm of Williams, Birnberg & Andersen, L.L.P. in Houston, where he has practiced for the past thirteen years. From 1989 to 1995, Mike served as a Senior Assistant City Attorney in the Real Estate Division of the City Attorney’s Office, where he handled many aspects of a general real estate and development practice for the city.

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Investigation clears gay Fort Worth teacher

Kristopher Franks set to return to work Friday after 4-day leave stemming from allegations of improper behavior

FWISD School board member Carlos Vasquez

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Gay Western Hills High School teacher Kristopher Franks, put on paid administrative leave on Monday, Sept. 26, following allegations of improper behavior, has been cleared of all allegations and was set to return to work today (Friday, Sept. 30).

Franks is the teacher who  became the target of ire from the religious right after he sent a student in his German 1 class to the principal’s office for saying in class that as a Christian he believed “homosexuality is wrong.” The school’s assistance principal then suspended the student, setting off a controversy that made headlines around the country.

That student, freshman Dakota Ary, and his mother enlisted the assistance of Liberty Counsel attorney Matt Krause in fighting the suspension on the grounds that Franks and the school had violated Ary’s right to freedom of speech.

District officials quickly reversed their decision, lifting the suspension.

But Steven Poole, deputy executive director for the United Educators Association of Texas, a teachers union, said Tuesday, Sept. 27, that the allegations leading to Franks being put on leave were unrelated to the incident with Ary.

Franks, who had not spoken to the press previously on the advice of his union representative, said Thursday afternoon that he had just met with Fort Worth Independent School District administrators, who told him the nearly weeklong investigation had determined that the allegations against him were unfounded. He did not elaborate on the substance of those allegations.

Franks also said administrators had given him the option of returning to teach at Western Hills High or transferring to another school in the district.

“I haven’t made up my mind yet what I’m going to do,” Franks told Dallas Voice by phone Thursday afternoon. “I’m going to go back to work tomorrow, and I will talk to my boss [the district’s world languages supervisor], and see what she says and decide what’s the best thing to ­do from there.”

FWISD Board of Trustees member Dr. Carlos Vasquez told Dallas Voice in a phone call Wednesday afternoon, Sept. 28, that any time allegations are made against a teacher, those allegations have to be investigated, and it is routine for the teacher in question to be placed on paid administrative leave.

Franks said Thursday that he was pleased with the outcome of the investigation, carried out by an independent investigator, and that interim FWISD Supt. Walter Dansby was “very nice” when they spoke.

“I think they did the right thing,” Franks said. “I can go back to work, which is great. But now I just have to figure out how to fix the damage this whole thing has done to my personal life.”

Franks said since the investigation is closed, he is no longer being represented by a union attorney. He has, instead, retained the services of attorney Stephen Gordon to “represent me on any aspects of this whole thing going forward.”

He also indicated that he and Gordon would be discussing what possible actions he might take against “those people who have lied and made false allegations against me.”

While Franks had previously declined to speak to the media, Daokta Ary, his mother and Krause as their attorney went immediately to the press, telling their side of the story in several TV interviews and saying Franks and the school had violated the student’s right to freedom of speech. The case quickly became a rallying point for the religious right.

Krause this week told Dallas Voice that he and his clients are satisfied with school officials’ decision to rescind the unexcused absences the suspension left on Ary’s record, but “we would still like for them [school officials] to completely vindicate him and say that he did nothing wrong. He should never have been written up for an infraction. He should never have been sent to the office, and he should never have been suspended.”

Ary said in  media interviews that he made the comment quietly to a classmate sitting next to him in response to a discussion going on in the class at the time.

Dakota Ary

But Franks told friends shortly after the incident that there was no discussion involving homosexuality at the time, and that Ary made the comment loudly while looking directly at Franks.

Franks also told friends that the comment was only the latest in an ongoing series of incidents in which Ary and a group of three of his friends have made anti-gay comments to and about him.

Franks told friends that the harassment by Ary and his friends began several weeks ago after Franks, who also teaches sociology, posted on the “World Wall” in his classroom a photo, taken from the German news magazine Stern, of two men kissing. The photo was ripped off the wall and torn in two at some point during Ary’s class, and Franks told friends he believes that Ary or one of his friends tore up the photo.

During a later sociology class students upset that the photo had been torn up replaced it with a hand-drawn picture, and another student then covered that picture with a page bearing a hand-written biblical scripture from Leviticus calling sex between two men an abomination.

Franks told friends that since that incident, Ary and his friends had continued to make derogatory and harassing comments.

Franks’ friends also said that the teacher, a Fulbright scholar, has been the target of anti-gay harassment for at least the last two years, including having hateful messages left in his classroom and, in one case, having his car vandalized.

FWISD teacher Martin Vann, spokesman for the group LGBTQ S.A.V.E.S. that was formed about a year ago to help protect students and teachers in the district from anti-gay discrimination and bullying, said that Franks told his version of the incident last week, before the current investigation was launched and Franks was required to sign a statement saying he would not discuss the incident with other teachers, administrators, parents or students. Vann said Franks denied getting angry and yelling at Ary, as Ary had said, and reiterated that Ary’s comments were not pertinent to any discussion in the class at the time.

Vann said Franks told him that another student had asked him what the German word for “Christian” was, and how, if he moved to Germany, he could find an English translation of the Bible. That’s when, Franks told Vann, Ary looked directly at him and said loudly that as a Christian, he believes homosexuality is wrong.

It was not, Franks told Vann, a simple statement of belief or opinion but rather an intentional effort to insult and harass the teacher that Ary perceived to be gay.

Krause this week again said that Ary did not direct his remark in class that day at Franks, and that Ary had nothing to do with tearing down the photo of the men kissing.

The attorney also said that Ary told him he did not know to whom Franks was referring when he talked about Ary’s “three friends.”

The Franks case comes in the wake of months of scandal over allegations by teachers that administrators routinely allowed some teachers and administrators to harass and bully students and other teachers, and that teachers who complained often faced retaliation.

Vasquez, who is openly gay, said Wednesday that he believed the Franks investigation would be fair, that he would watch the situation closely “to make sure all the proper procedures are followed,” and that he believed Dansby would handle the situation fairly.

“Considering all the problems we’ve had, I know he [Dansby] will be watching this closely,” Vasquez said.

Vasquez said it is the school district’s responsibility to make sure there is “no harassment in our schools, whether it’s from the teacher to the student, or student to student or even student to teacher. I know that happens, sometimes, too.

“There should be no harassment whatsoever in our schools,” Vasquez , himself a former teacher, said.

Fort Worth ISD has been credited with having one of the most comprehensive anti-bullying and anti-harassment policies in the state, having adopted individual policies within the last year to include prohibitions against harassment and bullying, including that based on sexual orientation, gender identity and gender expression, for both teachers and students.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Teacher accuses TC College of discrimination

Gill says English Department chair at Northeast Campus told her the state and the school ‘do not like homosexuals’

Jacqueline “Jackie” Gill
Jacqueline “Jackie” Gill

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

HURST — Jacqueline “Jackie” Gill filed suit Wednesday, Sept. 7, against a professor and a dean at Northeast Campus of Tarrant County College in Hurst, claiming that she was denied the opportunity to apply for a permanent, full- time teaching position there because of the English Department chair’s bias against what he perceived her sexual orientation to be.

Tarrant County College adopted a nondiscrimination policy prohibiting discrimination based on sexual orientation on March 9 of this year.

Frank Griffis, director of public relations and marketing for Tarrant County College, said it “would not be appropriate” for school officials to comment on pending litigation. He also said school officials had not yet been served with papers and therefore had not read the complaint.

Gill said she had worked as a full-time temporary English professor for about a year at the Northeast Campus. But when the position was to be made permanent, English Department Chair Eric Devlin refused to allow her to apply for the permanent position.

Gill said when she complained about Devlin to Northeast Campus Humanities Division Dean Antonio R. Howell, he initially seemed to side with her, but after speaking to Devlin, Howell refused to communicate further with her. Gill said although she is a lesbian and has never tried to hide that fact, she had never talked about her orientation with Devlin or anyone else at the school.

Both Devlin and Howell are named as co-defendants in the lawsuit.

Gill is represented in the lawsuit by Lambda Legal South Central Region staff attorney Ken Upton, joined by pro bono counsel Benjamin D. Williams from the law firm of Gibson, Dunn and Crutcher.

Gill and Upton held a press conference Wednesday to announce that the lawsuit had been filed earlier that morning in U.S. district court in Fort Worth. The press conference was held at a Hurst hotel located just a few blocks from the Tarrant County College campus where Gill had taught.

According to the complaint filed Wednesday, and statements Gill made during the press conference, Gill was first hired on a full time, temporary basis as an English professor on Aug. 21, 2009. A little more than a month later, at the end of October, a female “dual-enrollment” student — a high school student who was also taking college classes — in Gill’s distance learning class cheated by stealing an exam and skipped some classes.

The student’s high school counselor told Gill that the student has a history of disruptive behavior, and when the student dropped the class, Gill was told the situation was closed.

On Nov. 9, however, Devlin called Gill into his office and told her the student had accused Gill of “flirting” with female students. Gill denied the accusations, noting that there was always another teacher in the class at the same time.

That’s when Devlin responded with “a lengthy diatribe about homosexuals and how the Texas public views them,” according to the complaint. Gill said Devlin went on to say that Texas is a conservative state and TCC is a conservative school, and that “Texas and Tarrant County College do not like homosexuals.”

Gill continued to teach at TCC, receiving high praise and compliments from students and staff alike, including from Devlin. Then in May 2010, she and other full-time temporary professors were told by Howell that all seven temporary full- time positions were being made permanent, and that they were being re-designated as adjunct faculty until the permanent positions were filled.

Gill said Howell also encouraged her and the other temporary professors to apply for the permanent jobs. Gill applied for all seven but was the only one of the seven temporary professors not hired for the permanent positions. Gill said that she was, in fact, not even allowed to interview for any of the positions, even though her experience and credentials were as good as or better than those who were hired.

Gill said she met with Howell and told him about Devlin’s anti-gay comments and refusal to allow her to interview for the permanent positions. She said Howell promised her to discuss the situation with Devlin immediately, but that he never got back in touch with her.

She said she also got no response when she tried to discuss the situation with the vice president and president of Tarrant County College.

Gill continued to teach as an adjunct professor at the campus through December 2010, although, she said, Devlin’s attitude toward her became “even more hostile.”

And she said that although she was originally assigned classes for the 2011 spring term, as she was preparing for those classes she discovered she had been removed as the professor. When she inquired about the status of the class, Gill said, she was told that Devlin had specifically instructed that those classes be taken away from her.

Upton said that Devlin and Howell violated the equal protection clause of the U.S. Constitution by refusing to allow Gill to apply for the permanent teaching position. He said Gill’s suit is asking that she be allowed to complete the application process and that she be compensated for the time she has been unemployed.

Gill, who is a Ph.D. candidate at the University of Texas at Arlington, said she would love to get a teaching job with TCC, and while she would prefer to work at another campus, she is willing to go back to the Northeast Campus and work again in Devlin’s department.

“I worked hard. I earned it,” Gill said of the permanent position. “I have nothing to be ashamed of. If it [her working in Devlin’s department again] would be awkward for anyone, I think it would be awkward for him [Devlin] because he is the one who was in the wrong.”

This article appeared in the Dallas Voice print edition September 9, 2011.

—  Michael Stephens

Woman pleads guilty in case of videotaped beating of trans woman at McDonald’s

Teona Brown, 19, has pled guilty Thursday, Aug. 4, to first degree assault charges and a hate crime charge in connection with the beating of transgender woman Chrissy Polis last April in Towson,

Chrissy Polis

Md. The attack was captured on video by a McDonald’s employee — who filmed the assault rather than step in and try to stop it — last April. The video went viral online and was used, along with new footage from a surveillance camera, in court hearings this week. CBS Baltimore has this report on the plea.

Conviction on a first degree assault charge carries a maximum sentence of 25 years, and a hate crime conviction could add another 10 years. Because Brown pled guilty to the attack, prosecutors are recommending that the judge sentence her to five years in prison. A sentencing hearing has been set for next month.

Polis was present in court on Thursday, but told reporters she was nervous about being there and had no comment. “I just want to lay low and keep my life as normal as possible,” she said.

A second person charged in the attack was 14 at the time and has been charged with assault as a juvenile. Because she is a minor, her identity has not been released.

Below is a video of a news report aired on the Washington, D.C., Fox news program when the attack happened. It includes video of the attack and, as State’s Attorney Scott Shellenberger said this week, “The severity of the beating is much easier to understand when you see a video. They say a picture’s worth a thousand words. Well, a video’s worth a million.”

—  admin

Pentagon Attorney: DADT Repeal is Possible

PENTAGON MILITARY ARMY SOLDIERS X390 (GETTY) | ADVOCATE.COMJeh C. Johnson, the Defense Department’s general counsel and co-author of the Pentagon’s repeal study, says that despite pushback on repeal of “don’t ask, don’t tell” from some lawmakers and military leaders, history shows that “the predictions about what is going to happen overestimate the negative consequences.” 
Advocate.com: Daily News

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Attorney General Rob McKenna promotes ballot rehab effort for anti-gay candidates

Washington State’s Republican Attorney General Rob McKenna likes to portray himself as a moderate, as noted recently.  That false image was shattered when he endorsed numerous virulently anti-gay candidates in the 2010 elections.  

As if to reinforce the point that he is ardently anti-gay, on Friday Mr. McKenna posted an email (pictured right) asking supporters to do ballot rehab for two outspokenly anti-gay candidates Vincent Buys and Hans Zeiger.  Full email text is below the fold.

According to the radical-right 2010 Washington Voter Guide survey, Vincent Buys opposes domestic partnerships, opposes marriage equality and opposes a woman’s right to choose.

Hans Zeiger is even more extreme than Buys.  Besides opposing domestic partnerships, marriage equality and a woman’s right to choose, Zeiger called the National Education Association and the Gay Lesbian Straight Education Network “terrorist organizations” and claimed that a Girl Scouts USA national convention “will be a gathering of radical feminists, lesbians, and cookie peddlers” and is “allied with the abortion industry and Planned Parenthood”.  In addition, Zeiger reportedly works for a radical right Christian organization dedicated in part to preventing lesbian and gay couples from marrying.

As of Friday, Vince Buys was only 150 votes ahead of pro-equality incumbent Rep. Kelli Linville, and Hans Zeiger was only 40 votes ahead of pro-equality incumbent Rep. Dawn Morrell.  With a recount imminent, campaigns are doing “ballot rehab” described as taking “the list of ballots that have been rejected by…County Elections due to signature issues and identify friendly voters and then collect signed affidavits to ensure that each of those votes count”.

Pulling out all the stops to get anti-gay candidates like Buys and Zeiger elected is not something a moderate would do.  Once again Mr. McKenna’s actions speak volumes.

Related:

* Attorney General Rob McKenna’s moderate facade hides an anti-gay plotter

URGENT: Help get our candidates across the finish line THIS WEEKEND

Friends,

Election Day may be over, but we as Republicans are still fighting for every vote.

Please join myself and my team as we work with these campaigns on their ballot rehab efforts. Phone bankers, doorbellers, and drivers are needed THIS WEEKEND!

To assist the Steve Litzow campaign in the 41st, please call the KCGOP at 425.990.0404.

To assist Hans Zeiger in the 25th, Katrina Asay in the 30th, or Vincent Buys in the 42nd, contact Peter Graves at the WSRP: 425.460.0570.

Thanks very much for volunteering your time.

All the best,

Rob

Cross-posted at Washblog.
Pam’s House Blend – Front Page

—  admin

Montana Attorney General Requests Dismissal of Gay Rights Lawsuit

Montana Back in July I posted about a lawsuit brought by the ACLU and seven same-sex couples in Montana, seeking the same rights as heterosexual married couples in the state. 

The state's attorney general today filed a motion for dismissal:

"Spousal benefits are limited by definition to married couples, and the Montana constitution defines marriage as being between a man and a woman, Attorney General Steve Bullock said. The court does not have the jurisdiction to require the state to extend spousal benefits beyond that definition, Bullock said in a motion to dismiss the case. "Courts may not exercise the power to enact laws and revise, alter or amend the constitution," Bullock said. Such policymaking power belongs to the Legislature and the people of the state, he added. District Judge Jeffrey Sherlock has set a Jan. 25 hearing on Bullock's motion to dismiss the case."


Towleroad News #gay

—  admin

Gay Student Teacher Seth Stambaugh (And His Attorney) Will Sit Down With The Principal Who Kicked Him Out

Seth Stambaugh, the gay student teacher booted of a Portland, Oregon elementary school for revealing he's gay to his fourth graders, will meet with Sexton Mountain Elementary's Principal Don Martin in the coming days to discuss what went down. The meeting was arranged through Stambaugh's attorney Lake Perriguey, so I'm sure the conversation will go something like this: "Hey, Principal Martin? You can either give Seth his job back, and issue a statement revoking your earlier decision to have him banned from the entire school district, or we'll see you in court."


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—  John Wright