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.

—  admin

Measure would ban anti-LGBT discrimination in Houston

Charter amendment could also allow DP benefits for city workers

DANIEL WILLIAMS  |  Contributing Writer

HOUSTON — Long-brewing plans to place a city-wide non-discrimination policy before Houston voters became public this week.

Since December a coalition of organizations and leaders have been working to draft a city charter amendment that would make it illegal to discriminate in housing, employment or public accommodations on the basis of  “age, race, color, creed, religion, national origin, ancestry, disability, marital status, gender, gender identity or expression, sexual orientation, or physical characteristic.”

The amendment would also remove anti-LGBT language added to the Houston city charter in 1985 and 2001 — which could allow the City Council to vote to offer health benefits to the domestic partners of municipal employees.

Houston Mayor Annise Parker, who famously became the only out LGBT person elected mayor of a major American city in 2009, has declined to comment on the proposed charter amendment until the language is finalized. She told the Houston Chronicle: “I believe it’s important for the city of Houston to send a signal to the world that we welcome everybody and that we treat everybody equally, and depending on the elements of what was actually in it, I might or might not support it,”

According to Equality Texas Executive Director Dennis Coleman, the prospect of Houston voters approving the non-discrimination amendment has ramifications for efforts to pass similar measures in the state Legislature.

“Nondiscrimination in Houston builds a better case for us when we go for nondiscrimination in Austin,” said Coleman. “To be able to tell representatives that they represent areas that already support these efforts is very helpful.”

The cities of Austin, Dallas and Fort Worth all already have similar nondiscrimination ordinances and offer DP benefits to employees.

But Houston’s form of governance makes this effort unique. While the City Council is empowered to pass city ordinances covering issues of discrimination, they can be overturned by popular vote if those opposing the ordinance collect 20,000 signatures to place the issue on the ballot.

That was the case in 1985 after Houston Mayor Kathy Whitmire pushed through the council the city’s first protections for gay and lesbian Houstonians (no protections were provided for the bisexual or transgender communities).

A coalition of right-wing voters led by Louie Welch, then president of the Houston Chamber of Commerce, was able to place the issue on a city-wide ballot, claiming the policy “promoted the homosexual lifestyle.” The group also recruited a “straight slate” of candidates to run against City Council members who had favored the protections, with Welch running against Whitmire.

The public vote on nondiscrimination was held in June 1985 and Welch’s forces prevailed, but the city’s temperament had changed by the time of the City Council and mayoral races in November. A comment of Welch’s that the solution to the AIDS crisis was to “shoot the queers” was aired on local TV and few in Houston wished to be associated with him after that. The “straight slate” failed to capture a single City Council seat and Whitmire remained mayor, but the defeat of the city’s nondiscrimination policy remained.

By 1998 Houston had changed: Annise Parker was serving as the city’s first out lesbian city council member and Houston boasted the state’s first out gay judge, John Paul Barnich. Mayor Lee Brown, sensing the change, issued an executive order protecting LGBT city employees from employment discrimination. But the city had not changed that much. Councilman Rob Todd led efforts to fight the order in court, arguing that since voters rejected city-wide protections from discrimination in 1985, it was inappropriate for the mayor to institute them without voter approval. The city spent the next three years defending the policy in court, finally emerging victorious.

The joy of that 2001 victory would be shortlived, however. That year Houston’s voters approved another amendment to the city charter, this time prohibiting the city from providing domestic partner benefits for city employees. In a narrow defeat, just over 51 percent of voters decided that the city should not offer competitive benefits.

The current proposed non-discrimination amendment would remove the language added in 1985 and 2001. While it would provide non-discrimination protections it would not require the city to offer benefits of any kind to the spouses of LGBT city employees, leaving that question back in the hands of the City Council.

The organizers of the current effort are confident that this year is the year for victory.

Noel Freeman, the president of the Houston GLBT Political Caucus, which is spearheading the effort, explains that the previous votes occurred in “non-presidential years,”when voter turnout in general is low, and conservative voters make up a larger percentage of the electorate.

Additionally, polling by Equality Texas in 2010 showed that 80 percent of Houstonians support employment protections for gay and lesbian people.

In order to place the non-discrimination amendment on the November ballot the coalition supporting it will need to collect 20,000 signatures of registered Houston voters and submit them to the city clerk. Freeman says that the final charter amendment language is still under consideration and that once it is finalized the group will begin collecting signatures.

Even former Councilman Todd, who once fought the city’s policy of non-discrimination for LGBT employees, supports the current effort.

This article appeared in the Dallas Voice print edition February 17, 2012.

—  Michael Stephens

Twelfth Night celebration is in the pink

In the liturgical calendar of the Christian church twelfth night is the last day of the Christmas season. (Remember the 12 days of Christmas? They start on December 24 and end December 5) Twelfth night also kicks off the carnival season that culminates in the celebration of Mardi Gras. The Krewe of Olympus, Houston’s own predominately gay Mardi Gras Krewe, welcomes the season in style with “Pretty in Pink:” a twelfth night fundraiser benefiting the Montrose Counseling Center. The festivities are Saturday night, January 7 (’cause who wants to party on a Thursday?) starting at 7 pm at the Counseling Center (401 Branard) and include traditional king cake as well as an open bar, hors d’oevres and a Mardi Gras mask auction. In keeping with the theme guests are invited to wear their best outfits in shades of pink (be it blush or bashful).

The Krewe of Olympus started in New Orleans in 1970 before moving to Houston. According to their website:

We are one of the largest predominately gay Krewes in the United States, although our membership is open to all. Our principal aims are to present theatrical and educational events that perpetuate and continue Mardi Gras traditions and to raise money for community charities. Since moving to Texas, we’ve donated hundreds of thousands of dollars to Houston and Dallas Charitable Organizations. We are a 501(c)(3) non profit organization.

Tickets for the event are $35 and are available at the door.

—  admin

Former GLBT Political Caucus President to lead Harris County Democratic Party

Former HCDP Chair Gerry Birnberg gives new chair Lane Lewis the keys to the party office

Former Houston GLBT Political Caucus president and longtime Democratic party activist Lane Lewis was elected to serve as the Harris County Democratic Party interim chair by the County Executive Committee on Tuesday, December 20. Lewis will serve the remainder of outgoing chairman Gerry Birnburg term, which expires in April. Birnburg announced earlier this year that he would step down after the November general elections.Lewis has also completed his filing as a candidate for HCDP chair on the April 2012 primary ballot.

Lewis previously served as president of the Houston GLBT Political Caucus in 1997. He has a long history of advocacy on LGBT issues.

“Words cannot express the profound sense of responsibility I feel right now,” said Lewis moments after his election as HCDP Chair.  “I am grateful so many fellow Democrats have entrusted me to lead during such a pivotal time. We have much work to do over the next several months to get our county and our candidates ready for the November 2012 election.  This enormous task will take the work of current elected officials, precinct chairs and activists working in unison.  My job will be to foster a new vision for our party and work to keep us all focused on our common goal.”

During Lewis’ acceptance speech, he spoke briefly about the direction and his vision for the party.

“A unified effort from every Democrat is the key to winning elections,” Lewis said.  “It’s plain and simple.  The middle class is under attack; the work we do in 2012 will be key to protecting the future and the promise that the American Dream provides.”

Lane Lewis was elected by an overwhelming majority.  He will begin operating the HCDP immediately.

—  admin

Become a part of the Gender Book

The Gender BookThe Gender Book is an effort to try to bring together, in one resource, a discussion of the wide array of gender expressions and identities that fall under the transgender umbrella. It’s creators are holding a brainstorming session next Thursday evening, December 8, to get public input and allow the community at large to become a part of the project.

“We sort of just made the Gender Book out of a need that we felt,” says Mel Reiff Hill, one of the collaborators on the project, along with Boston Bostian and Jay Mays. Hill says that the creators of the Gender Book searched for resources to help them talk about gender, but were unable to find anything that met their needs. “I had a boyfriend who had to pay a therapist to attend training on gender so that he could get the care he needed,” says Hill “the resources just weren’t out there.”

“At the time we were all living in the same house and we had a writer and an artist and a fundraising person and an enteprenuer. All of us were under the transgender umbrella in one way or another and all of us had friends and lovers who are as well,” and thus the Gender Book was born.

Hill describes the brainstorming session as “an interactive community party.” “We’re the first to admit that we can’t represent everyone,” says Hill, recognizing the limitations of any author writing on such a diverse topic. “We’ll have surveys for people to fill out and snacks and coloring book versions for people to fill out”

The coloring book pages are the result of Hill’s process in illustrating the book. Hill first draws pages in pencil then outlines the drawings in pen and erases the pencil, finally scanning the drawing and coloring it by computer. “I presented a workshop with some high schoolers and I was showing one of them my binder of papers looking through it one of them saw the original pen drawings,” says Hill. “He was like ‘you should give these to high schoolers, they love coloring it’s very zen-like for them.’” Hill says that the coloring pages have proved a hit at subsequent workshops and a great way to open up conversations about gender.

The brainstorming session, coloring pages included, is next Thursday, December 8, at the Lawndale Art Center (4912 Main). Attendees are asked to RSVP through Facebook.

More information on the Gender Book is available through their website, TheGenderBook.com.

—  admin

25 ways to fight AIDS

Today, December 1, is World AIDS Day.

Wait! Before you click the ‘next’ button or scroll down your news feed hear me out: The LGBT community has been living with AIDS for three decades now. For people of my generation the message to get tested and use condoms has been stated and restated so many times that it has faded into the background with the result that, all too often, people do not take the steps they need to to protect themselves. Harris County is responsible for 30% of the new HIV/AIDS diagnosis in Texas and men who have sex with men account for 64% of newly diagnosed men statewide. The threat is not over, the fight is not over, AIDS still endanger the LGBT community.

But I don’t want to just talk about just condoms and testing (as important as they are). Fighting HIV/AIDS is easier than you might think. I present to you 25 ways, in no particular order, to fight AIDS in Houston.

25. If you’re over a certain age talk to a young LGBT person about how your life has been affected by HIV/AIDS. You might be surprised how eager we are to hear your stories.

24. If you’re under a certain age listen to an older LGBT person tell you how HIV/AIDS has affected their lives. I know you aren’t eager to hear their stories, but listen anyway. You may find that learning the history of your community is more empowering than you’d expect.

23. If you are a sexually active gay man or transgender woman participate in the Baylor College of Medicine’s HIV Vaccine Study.

22. Ask your local public or school library to put books about HIV/AIDS on the shelf, not just in the back room where they have to be requested. Access to accurate information is crucial in fighting the spread of the disease.

21. Post HIV/AIDS stories to facebook.

20. Ask your clergy person what your community of faith is doing to fight the pandemic.

19. Sign up for action alerts from the Texas HIV/AIDS Coalition at texashiv.org

18. Actually follow through when the action alerts from the Texas HIV/AIDS Coalition arrive in your in-box.

17. Volunteer for organizations that deal with communities at high risk for infection: high school dropouts, victims of sexual assault, the poor, the homeless and sex workers. Fighting AIDS means fighting the injustice in our society that all too often contributes to new infections.

16. Say AIDS out loud.

15. Ask political candidates what they will do to continue funding to fight HIV/AIDS.

14. Once they’re elected, ask those candidates why they aren’t doing more to continue funding to fight HIV/AIDS.

13. Remind yourself that it’s OK to be tired of hearing about HIV/AIDS.

12. Thank a person who volunteers their time to the fight.

11. Take a moment to remember the people we’ve lost.

10. Take a moment to think of the people we may loose if this pandemic isn’t stopped.

9. Take a HIV/AIDS healthcare worker to dinner.

8. Wear a red ribbon.

7. Recognize that wearing a red ribbon isn’t enough.

6. Work with communities other than your own. HIV/AIDS effects us all.

5. Get angry.

4. Get over your anger.

3. Donate to an HIV/AIDS Charity.

2. When you pass a mobile HIV testing center, thank the workers.

1. Don’t pretend the fight is over, and don’t let other people pretend it’s over either.

—  admin

Early voting in runoff election off to slow start

For those who missed it, there is an election happening in Houston right now. Four City Council races wound up in run-offs after the November 8 municipal elections and Houstonians have until December 10 to decide the fate of these crucial races.  So far fewer than 2,000 people have voted. Without a “big ticket” item like the mayor’s race at the top of the ballot turnout in the runoff is expected to be very low. The upshot of which is that every ballot cast carries more weight than ever.

Two of the races are at-large seats, so every citizen of Houston gets to vote on this races:

  • In At-large position 2 former State Representative Kristi Thibaut faces Andrew C. Burks Jr. Pastor of Bailey Chapel Christian Methodist Episcopal Church.
  • In At-large position 5 incumbent council member Jolanda Jones faces Jack Christie, former State Board of Education member .

Two of the races are for district seats, so only people who live in those districts get to vote on these races:

  • In District A incumbent council member Brenda Stardig faces republican activist Helena Brown.
  • In District B local restauranteur and education advocate Jerry Davis faces Alvin Byrd, current staffer for council member Jarvis Johnson.

Early voting continues through December 6th, election day is November 8. Voters may cast their ballot at any early voting location. Visit harrisvotes.org to find your election day polling location (it may be different than your November polling place) and to view a sample ballot.

—  admin

Kindred Spirits presents: The Judy Garland Christmas Show

Judy Garland Christmas ShowThere’s kitsch. There’s camp. Then there’s the Judy Garland Christmas Show, perhaps the single most absurdly divine thing to ever be produced by the 1960′s television industry. Kindred Spirits presents its 4th Annual Judy Garland Christmas Show & Sing-Along December 4th at Meteor (2306 Genesee St) at 5 pm.

In 1963 Garland found herself in trouble with the IRS for forgetting to pay taxes for a couple of years. Desperate for cash, she agreed to star in a weekly variety show for CBS, then proceeded to record 26 of the most gin-soaked hours in television history. Garland was remarkably cogent for the Christmas episode however, perhaps because her children were all on set as guest stars. Lorna Luft, Joey Luft and (almost unrecognizable with long hair) Liza Minnelli join fellow guests Jack Jones, Tracy Everitt, Mel Tormé and the true stars of the show, the chorus line of dancing Santas, for an hour of surreal delight.

With Nancy Ford emceeing, the Judy Garland Christmas Show & Sing-Along has become a Houston holiday tradition. In addition to the show and complimentary eats there’s also a raffle for a flat screen television. Tickets are $20 in advance or $25 at the door and can be purchased at kindredspiritshouston.org. Proceeds benefit AssistHers, the Lesbian Health Initiative Houston, and Expert Nutrition.

After the break watch the opening number from the Judy Garland Christmas Show.

—  admin

WATCH: HISD Board gets earful on anti-gay flier

Manuel Rodriguez

Trustee Manuel Rodriguez in the hot seat as public condemns his homophobia

A standing-room-only crowd greeted the Houston Independent School Board last night. While the board’s monthly meetings often attract an assortment of parents, community members and gadflies many in the crowd were there with a decidedly non-educational issue on their minds: the anti-gay flier distributed by Trustee Manuel Rodriguez during his recent reelection campaign. As previously reported by Houstini, the flier encouraged Houstonians to vote against Rodriquez’s opponent, Ramiro Fonseca. because of his sexual orientation.

The first to address the issue were Rodriquez’s fellow trustees, Anna Eastman and Juliet Stipeche. Eastman spoke passionately of the importance of HISD’s anti-bullying policy which “protects people from harassment and bullying based on attributes we all have,” and said that she felt Rodriguez’s actions violated the spirit of that policy. Stipeche, near tears, read the names of teens who had committed suicide after enduring anti-LGBT bullying.

The board had planned to vote on a new ethics policy at the meeting that covered behavior by trustees. At the encouragement of two speakers, and the motion of Eastman, the board decided to delay that vote until December so that a policy stating that encouraging discrimination on the basis of sexual orientation and gender identity and expression could be added.

After three and a half hours the crowd in the board’s chambers had dwindled, with most of those who had come to confront Rodriquez still waiting. When Board President Paula Harris finally opened the floor for public comment the first person to step up was Houston GLBT Political Caucus President Noel Freeman. Freeman told the board that the extant of Rodriquez’s homophobic campaigning was far greater than the flier which had drawn so much media attention. “What you all might not know is that he also went on television and said that he just couldn’t understand why a 54 year old unmarried man would want, quote ‘access to children,’” said Freeman. “That statement in and of itself, and the implications made therein is reprehensible and simply disgusting.”

Freeman asked that the Board remove Rodriquez as their representative on the Texas Council of School Boards, and as the board’s vice president. He went on to criticize the apology issued by Rodriquez after the election, saying that it did not address the concerns of the GLBT community, nor was it delivered to the community but rather to the press. “You cannot simply say ‘oops, I’m sorry’ and this all goes away,” said Freeman. “We will never forget what you did!”

Board President Harris had made frequent reference throughout the meeting to a group of students from HISD’s Milby High School, letting them know that their time to speak would come. As the students’ designated speaker stepped to the podium his hands visibly shook in nervousness. “When I first heard about [Rodriquez's flier] I did not agree with it because I believe that the message was that a gay person could not be as successful as a straight person and that really hurt me,” said the student. “My question to you is are you going to help us stop the bullying, or are you going to be a bully yourself?”

Perhaps the strongest response from the board was garnered by Paul Gonzales, who choked back tears as he described the challenges he faces as a gay man and parent of an HISD student. “I have a kid, and I have a kid that I have enrolled in HISD, and I love her. Me and my partner every single day are trying to show her that there’s nothing wrong, there’s nothing wrong with our family. So for a board member to say that my family is reprehensible to him… I have to explain [to her] that there are still people who consider us not the kind of family that deserve respect,” said Paul to the board, who were fighting back tears of their own. “GLBT parents like myself trust HISD to give us that haven for our children, that they’re not going to be looked at any differently. But the words that we saw on this flier just made me cringe to think that this isn’t the place that I thought that it was.”

After the jump, watch some of the eighteen people who spoke to the board.

—  admin

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