For the 4th time in 2 months, a pedestrian was struck last week on the Cedar Springs strip

A 72-year-old pedestrian was struck in the crosswalk on Cedar Springs Road at Knight Street at about 6:30 p.m. on Dec. 22. He was taken to Parkland Hospital and released on Christmas Day.

Lyle Bainbridge said he was crossing the street in the crosswalk and vehicles had stopped in both directions, when a motorist sped around the stopped vehicles and hit him.

He said he was thrown and his head landed in the gutter just inches from the car that hit him.

The driver of that vehicle stopped and told Bainbridge that he was delivering pizzas and was on his cell phone talking to the owner of his store. Bainbridge said the man was apologetic and in tears when he got out of his car.

Bainbridge has a broken collar bone. Doctors detected heart defibrillation problems that may have been a result of the accident. He said he had not been diagnosed previously with heart problems.

Bainbridge, who is from California, is in Dallas for the holidays house-sitting for a friend.

This is the fourth time a pedestrian has been hit on Cedar Springs Road in two months and the third time near this same location.

On Nov. 25, Edward Lee King, 61, was struck by a driver and killed crossing Cedar Springs Knight Street. Wayne Priest, 55, was killed by a hit-and-run driver near Cedar Springs and Reagan Street on Nov. 3.

A 10-year-old girl was hit on Dec. 10 near Knight Street. Her injuries were not life-threatening.

After the earlier accidents, Councilwoman Angela Hunt asked city staff to looks at ways to make the area safer for pedestrians.

Bainbridge said he wanted to call awareness to his accident to push the city to take action. He said that there should be stop signs at the intersection if not traffic lights.

“It takes something drastic happening before they’ll do something,” he said.

When he learned about the previous accidents at the intersection, he said he wondered how many more people will be hit before the city makes safety in this area a priority.

It was unclear whether the driver who hit Bainbridge received a citation. Sr. Cpl. Melinda Gutierrez, a spokeswoman for the Dallas Police Department, said an accident report was not yet available.

—  David Taffet

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

UPDATE: Mike Rawlings and David Kunkle appear headed to runoff for Dallas mayor

With 426 of 555 precincts reporting at 9:25 p.m., it sure looks like former Pizza Hut CEO Mike Rawlings and former Police Chief David Kunkle are headed to a June runoff.

Rawlings leads with 42 percent of the vote, and Kunkle is second with 32 percent. City Councilman Ron Natinsky is third with 24 percent, and he now trails Kunkle by more than 4,000 votes.

Rawlings has 25,245 votes to Kunkle’s 19,023 and Natinsky’s 14,683. Edward Okpa has 1,321 votes, or 2 percent.

 

—  John Wright

UPDATE: Rawlings continues to lead Dallas mayor’s race; Kunkle pulling away from Natinsky

With 202 of 555 precincts reporting, former Pizza Hut CEO Mike Rawlings continues to lead in the race for Dallas mayor. And it’s looking more and more like Rawlings will face former Police Chief David Kunkle in a runoff.

Rawlings has 43 percent of the vote, Kunkle has 30 percent, and City Councilman Ron Natinsky has 25 percent. Edward Okpa has 2 percent. Kunkle now leads Natinsky for second place by almost 2,000 votes, but there’s still a ways to go. Remember, the top two vote-getters will advance to a June runoff assuming Rawlings doesn’t eclipse 50 percent.

In other Dallas races, with 20 of 56 precincts reporting, challenger Scott Griggs has expanded his lead over incumbent Dave Neumann in District 3. Griggs now has 59 percent to Neumann’s 41 percent, and appears well on his way to a rare upset of an incumbent. Griggs is endorsed by both Stonewall Democrats and the Dallas Gay and Lesbian Alliance.

In District 14, with 11 of 59 precincts reporting, incumbent Angela Hunt maintains a hefty lead over gay candidate James Nowlin. Hunt has 63 percent to Nowlin’s 20 percent.

—  John Wright

DEATHS: James ‘Kissey’ Olson, James Edward ‘Beaux’ Geer, Ray ‘Alpha Pup’ Witt

James “Kissey” Olson, 62, died at his home in Dallas on March 30 after recently being diagnosed with liver cancer.

Olson was native of Iron River, Mich. After graduating from high school, he served in the U.S. Air Force for six years. He went to work for AT&T, living in Phoeniz, Little Rock and finally Dallas, where he retired.

He had lived in the Dallas area for more than 24 years.

His home here was party central and was always open to his many friends who will miss his and his hospitality.

Olson is survived by his mother, Minnie, and sisters, Ruth and Doris, of Iron River; his brother, Ron, of Milwaukee; his ex-wife, Jo, of Yuma, Az.; his two children, Scott and Amy of Phoenix, and six grandchildren; and his beloved Chihuahua, Moose.

Olson was cremated and his ashes were buried at Iron River. A celebration of his life will be held on the patio at The Hidden Door, 5025 Bowser St., on Saturday, April 30, at 2 p.m.

 

James Edward “Beaux” Geer, 46, died April 13.

Geer worked as a hairdresser with Salon D for 23 years. He was also an artist who founded “Healing Texas through the Arts” to showcase new artists and make their works available to the public.

Geer was truly loved by friends and family, and he had an innocent sweetness of spirit and extraordinary talent that turned everything he touched into a thing of beauty. His paintings provided a view into his soul. He will be profoundly missed by those who knew him and will keep him forever in their hearts.

Geer is survived by his mother and stepfather, Bill and Millie Ritter of Plano; his father, Thomas Geer, Lafayette, La.; his brother Greg “Blackie” Geer, wife Kayce, daughter Typhane and grandson Thor, all of Austin; his best friend and brother-of-the heart, Dale Hall; and a host of other family and friends. Plans are pending for a celebration of life memorial gathering.

 

Ray “Alpha Pup” Witt, 59, died March 30 from an apparent stroke. Witt, loving boy and partner to Daddy Ron Hertz of Dallas and a member of the Dallas leather community, was a former member of Discipline Corps and NLA-Dallas. He held the first International Puppy title presented in 2001, thus becoming the “Alpha Pup.” His gift for storytelling and his warm heart endeared him to many in the community and his presence will be missed.Witt is survived by his partner of 9 ½ years, Ron Hertz of Dallas; his mother, Duluth Witt of Lexington, Ky.; and his canine friend “Mugsy.” A celebration of his life will be held at a later date.

 

—  John Wright

Local Briefs

CCGLA surveys candidates, sets meet-and-greet events

As municipal elections approach, the Collin County Gay & Lesbian Alliance has sent an online survey to city council, school board and mayoral candidates in Allen, Frisco, Plano and McKinney, and “meet-and-greet” sessions for candidates are planned in Frisco, Plano and McKinney in April.

The organization will also create and distribute a voters’ guide.

The Plano “meet-and-greet” will be held on Friday, April 8, from 6:30 p.m. to 8:30 p.m. at a private residence. For more information, go online to CCGLA.org.

Results of CCGLA’s candidate surveys will be posted on the CCGLA website prior to each event. The events are informal, non-partisan, and all candidates are invited.

Oak Cliff Earth Day to feature vendors, info booths and more

Oak Cliff Earth Day, which has become the largest all-volunteer-run Earth Day since it started five years ago, will be held on Sunday, April 17, from noon to 5 p.m. at Lake Cliff Park, located at the intersection of Colorado Street and Zang Boulevard in Oak Cliff.

There is no charge to attend the event, which will include art, food, plants and other environmentally-friendly products available for purchase.

There will also be educational booths on topics such as how to save energy and clean up the environment, along with locally-grown honey, animals to adopt and native plants for gardens.

Parking at the park is limited, however, free parking is available at Methodist Hospital, in Lot 10 only, located at 1400 S. Beckley Ave. across from the hospital entrance on Beckley Ave. Methodist Hospital is providing a shuttle bus from the parking lot to the event.

Participants are also encouraged to take DART to the event or walk or ride a bicycle. There are a number of bike racks, funded by Oak Cliff Earth Day, at the park.

Mayoral candidates to speak Sunday on animal issues in Dallas

Dallas’ mayoral candidates will participate in a forum on animal issues in the city of Dallas on Sunday, April 10, at 2 p.m. at the Central Dallas Library, 1515 Young St., in downtown Dallas. The Metroplex Animal Coalition is sponsoring the forum, with is free and open to the public. Journalist Larry Powell with Urban Animal magazine will moderate.

The mayoral candidates are former Dallas Police Chief David Kunkle, Councilman Ron Natinsky, real estate consultant Edward Okpa and Mike Rawlings, former Pizza Hut CEO and Dallas homeless czar.

This article appeared in the Dallas Voice print edition April 8, 2011.

—  John Wright

Elizabeth Edward Dies at 61 After Cancer Battle

Ee Elizabeth Edwards, a mother to four who very publicly faced the infidelity of her senator husband in the last years of her life, and a vocal ally of gay rights, died at 61 this morning after a battle with cancer.

"Her family confirmed the death, saying Mrs. Edwards was surrounded by relatives when she died. A family friend said Mr. Edwards was present. On Monday, two family friends said that Mrs. Edwards’s cancer had spread to her liver and that doctors had advised against further medical treatment."

RIP.

Watch Chris Matthews discuss Edwards' life on CNN, AFTER THE JUMP

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—  admin