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

FFW, Fort Worth HRC win IAOHRA President’s Award

Anable, Tucker say honor is recognition of Fort Worth’s ongoing efforts to improve city’s position, policies on human rights issues

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

AUSTIN — The International Association of Official Human Rights Agencies this week presented its President’s Award jointly to Fairness Fort Worth and the city of Fort Worth’s Human Relations Commission.

The award presentation occurred during the IAOHRA’s annual conference held the first part of this week in Austin.

“It was totally unexpected, at least from our standpoint,” said Tom Anable, Fairness Fort Worth president. “I had no idea that this was happening.

“They lured me down here [to Austin] by asking me to speak as part of a panel on Tuesday. When the panel was done and I was getting ready to leave, they asked me to stay for the dinner that night” when the award was presented.

Anable said that he believes the award will help the city of Fort Worth in terms of economic development and in being recognized as a city that cares about its citizens.
He added that he hopes it will encourage “other agencies in stepping up and doing the right thing.”

Anable also said he “couldn’t be more pleased” that the IAOHRA gave the award to the FFW and the city Human Relations Commission jointly.

“It shows that they recognize how well we work together to solve our problems in Fort Worth,” he said. “And this is a huge coup for the city. They have done a great job in addressing the problems.”

Human Relations Commission Chair Estrus Tucker said his agency is “deeply honored” to have received the IAOHRA President’s Award.

“This award is a testament to the invaluable role of organizational allies and friendships beyond identity politics in advancing civil and human rights,” Tucker said.

“Together, our efforts, in collaboration with others, demonstrate the importance of championing our common human well being, despite the socio-political identity labels that too often divide and confuse us.”

Anable and Tucker said FFW and the Human Relations Commission received the award in recognition of their efforts in the wake of the June, 2009 raid on the gay bar Rainbow Lounge by Fort Worth Police officers and agents with the Texas Alcoholic Beverage Commission.

Within a week of the raid, Fairness Fort Worth was formed, initially to help organize efforts by FWPD and TABC investigators to interview witnesses to the raid.

By the beginning of 2010, FFW had incorporated and has gone on to become an umbrella organization of sorts that helps coordinate LGBT rights efforts and events among other organizations and governmental agencies.

The Human Relations Commission took an early leadership role in prompting FWPD and TABC to investigate the actions of those officers and agents involved in the role, and in prompting the city government to respond quickly and appropriately.

The City Council quickly established a Diversity Task Force — which included several members of Fairness Fort Worth and the Human Relations Commission — to examine areas in which the city could improve its relationship with the Fort Worth LGBT community. The council eventually approved all of the task force’s recommendations except one involving expanding health benefits for transgender employees.

That one item has been tabled pending ongoing investigation into possible costs. But the council did quickly approve changes to the city’s nondiscrimination ordinance to include protections based on gender identity and gender expression, and the council approved domestic partner benefits.

The council also agreed to expanding diversity training to cover more LGBT issues, and to have every city employee take the training.

“By Sept. 15 this year, we should be at the 50 percent mark in terms of the number of city employees who have been through the diversity training,” Anable said this week. “I think that shows the city’s continuing commitment to this issue.”

Tucker agreed, saying, “Our continued efforts and this award, in part, transform the pain and injustices of the Rainbow Lounge incident.”

Tucker, chair of the Fort Worth Human Relations Commission for about 10 years, has also been an IOHRA member for about 10 years. He was elected to the board last year to serve the remainder of the unexpired term of Vanessa Ruiz Bolling, former executive director of Fort Worth’s Community Relations Department.

This week, Tucker was re-elected to a full term on the board.

IAOHRA is a private, non-profit corporation founded in 1949 and headquartered in Washington, D.C. With a membership of about 160 human rights agencies in the U.S. and Canada, the organization’sprimary focus is to promote civil and human rights around the world.

This article appeared in the Dallas Voice print edition September 2, 2011.

—  Michael Stephens

N.Y. Republican on gay marriage: ‘F**k it. I’m trying to do the right thing’

As we reported here on Instant Tea, the New York Senate appears to be just one vote shy of the majority needed to pass a bill legalizing same-sex marriage in that state. And one reason marriage supporters are so close to the magic number of 32 is because one Republican, Sen. Roy McDonald, decided it was time to throw partisanship out the window and “do the right thing.”

New York Sen.Roy McDonald

According to this post on TMZ.com, in announcing his decision earlier this week to vote for marriage equality, McDonald declared:

“You get to the point where you evolve in your life where everything isn’t black and white, good and bad, and you try to do the right thing. You might not like that. You might be very cynical about that. Well, fuck it. I don’t care what you think. I’m trying to do the right thing. I’m tired of Republican-Democrat politics. They can take the job and shove it. I come from a blue-collar background. I’m trying to do the right thing, and that’s where I’m going with this.”

Well, I say, you go, Sen. McDonald. It’s about time somebody actually pointed out that this is an issue of fairness and equality; partisan politics shouldn’t matter, and neither should some individuals’ personal religious beliefs. What matters is doing the right thing.

Marriage equality supporters — and I am one — appreciate all the New York senators who are backing the marriage bill there. But when someone is willing to step out and state their support in such unequivocal terms and to stress that they support marriage equality because it is the right thing to do as McDonald did, then they deserve some special thanks.

—  admin

Fort Worth City Council approves settlement with Rainbow Lounge patrons Gibson, Armstrong

Tom Anable
Tom Anable

The Fort Worth City Council voted without discussion this morning to award a settlement of $400,000 to Chad Gibson, the Rainbow Lounge patron who was injured during the Police Department’s raid of the gay bar in 2009.

Also approved was a settlement with Rainbow Lounge patron George Armstrong, who was also injured. Because that amount awarded to Armstrong is less than $50,000, it did not need to be approved by the council.

David Mack Henderson of Fairness Fort Worth was at the council meeting during the vote. He said no one signed up to speak at the end of the meeting. He said TV cameras were at City Hall, but no one from his group was giving interviews.

“We’re just part of the city — the way it should be,” Henderson said. “Moving on. Nothing to talk about.”

Officer Sara Straten, the Fort Worth Police Department’s liaison to the LGBT community, was scheduled to speak to TV news this afternoon about the improved relations between the city and the LGBT community, according to Henderson. Straten was appointed in the wake of the Rainbow Lounge raid.

Tom Anable, of Fairness Fort Worth, was in Austin for the anti-bullying hearings in the Senate Education Committee this morning but called Dallas Voice during the recess. Anable called the settlement unprecedented. He said this is the first time the city of Fort Worth has entered mediation without a federal lawsuit being filed. He also said it was the first time the city made a settlement with someone from the LGBT community.

Still pending is the settlement between Gibson and Armstrong and the Texas Alcoholic Beverage Commission, which conducted the raid along with the FWPD. While there is an agreement in place, TABC still must review and sign it.

—  David Taffet

Fort Worth Police Department bans ‘bias-based policing’ against LGBT people, other groups

Chief Jeffrey Halstead

The Fort Worth Police Department has a new policy prohibiting “bias-based policing” — including bias against LGBT people — and officers who violate the policy are likely to be fired, according to FWPD officials who spoke to the Star-Telegram.

A police spokesman said the policy is not a response to any specific incident, but acknowledged that the department’s raid of the Rainbow Lounge gay bar in June 2009 was “on our mind.”

FWPD suspended three officers for a total of five days for their actions related to the raid, but determined that they didn’t use excessive force.

Jon Nelson, a founder of Fairness Fort Worth who once called the suspensions “absolutely inadequate,” praised Police Chief Jeffrey Halstead for the new policy.

“This policy would not exist but for the chief of police,” Nelson told the Star-Telegram. “He sets the tone and he made this decision and I think that this Police Department is significantly different because of his leadership.”

Halstead signed a special order enacting the new policy on Friday. It will be distributed to employees next week and takes effect immediately.

The policy specifically prohibits bias based on “race, color, gender, age, national origin, religion, disability, economic status, sexual orientation, gender expression, gender identity, transgender status, membership in a cultural group or other individual characteristics or distinctions.”

—  John Wright

Franko running in District 14

4 candidates have started campaigns in Oak Lawn district; still no definite word from Hunt on mayoral candidacy

TAMMYE NASH  |  Senior Editor
nash@dallasvoice.com

Vernon C. Franko is one of four candidates who have already appointed campaign treasurers to run this year for the District 14 seat on the Dallas City Council, according to information posted online by the Dallas city secretary.

And that doesn’t count incumbent Councilwoman Angela Hunt, who may — or may not — choose to run for mayor instead of for re-election to the Council.

Franko said in a recent interview that he has been planning to run for the council for about two years because “I just didn’t think we were getting the representation we deserve in this district.”

Franko said that he is “upset that property taxes didn’t go back down after the adjustments for the [housing bubble]. We have seen some decrease, but not enough.

“I think we need to bring back integrity and fairness to the Council,” Franko continued. “There have been some closed-door meetings held that I really didn’t like. Everything should be out in the open. We just aren’t getting the kind of representation we had in this district back in the 1980s and ’90s.”

Franko also said that he is unhappy with the way “education issues” are being handled in Dallas, and that public school teachers have been “underpaid for way too long” and property taxes levied by the school districts are too high.

Although the City Council has no authority over public schools in the city, Franko said he believes the council “should be working with the school districts around here to make these issues better known. The council is prominent enough to help bring attention to these issues in a way that the school board can’t.”

And, he said, the council should also work with other entities that assess property taxes in Dallas, like the hospital districts.

“Homeowners are being discouraged from buying and maintaining homes because the way the tax situation is handled just isn’t equitable,” Franko said. “Property owners — and even renters who have to pay higher rents so that property owners can pay taxes — they are all carrying a disproportionate share of the tax burden.”

Franko, who lives on Cedar Springs Road, said he has been an insurance agent and small business for 15 years. Although he did not say if he is gay, he did describe himself as “a part of the Oak Lawn community,” and pledged to treat all his constituents fairly and equally if he is elected.

“I think the LGBT people should be represented just as fairly and equally as any other community,” Franko said. “I believe in fairness in representation for all groups, whether it’s about race or gender or orientation or what have you.

“I am a part of the Oak Lawn community, but I wouldn’t want to give Oak Lawn residents better treatment than someone from another community. All community’s deserve equal treatment,” he said.

Council election overview

Dallas City Council and mayoral elections will be held May 14.

Although candidates have already started filing paperwork designating campaign treasurers, the candidates cannot actually file to run for the council until Monday, Feb. 14. The deadline to file is March 14. The drawing for placement on the ballot will be March 18, and March 21 is the last day that candidates can withdraw from the races.
April 1 is the deadline to register to vote in the May elections. Early voting runs from May 2-10.

Four candidates for District 14 — considered the district with the largest LGBT population — have registered information on their campaign treasurers with the city secretary’s office so far: James Nowlin, Jim Rogers, Erin C. Lasseter and Franko.

District 14 incumbent Angela Hunt has said publicly she is considering a run for mayor to replace first-term incumbent Mayor Tom Leppert, who has said he will not run for re-election. However Hunt has not yet registered a campaign treasurer with the city secretary’s office for either a District 14 re-election bid — incumbents running for re-election are not required to file a new campaign treasurer form — or as a mayoral candidate.

Nowlin, who is openly gay and was the first to register a campaign treasurer, said he has been discussing the possibility of running for the District 14 seat with Hunt for more than a year, and he is confident she will run for mayor.

Rogers, however, said that if Hunt decides instead to run for re-election to the council, he would drop out of the race.

Two other incumbents in districts with significant LGBT populations — Delia Jasso in District 1 and Pauline Medrano in District 2 — so far face no declared opposition in their re-election bids.

But in District 3, neighborhood activist Scott Griggs has appointed a treasurer and is running to replace incumbent Dave Neumann. The District 3 seat was long held by Ed Oakley, the openly gay man who made national headlines with his 2007 campaign for Dallas mayor against Leppert, a race Leppert won in runoff balloting.

Other candidates who have registered campaign treasurers with the city secretary are Monica R. Alonzo and John M. Lozano, running for the District 6 seat held by incumbent Steve Salazar; Edward D. Turner, running for the District 7 seat held by incumbent Carolyn R. Davis, and Richard P. Sheriden, running for the District 13 seat held by incumbent Ann Margolin.

Other council incumbents facing no declared opposition yet are Dwaine R. Caraway in District 4, Vonciel Jones Hill in District 5, Tennell Atkins in District 8, Sheffie Kadane in District 9, Jerry R. Allen in District 10 and Linda Koop in District 11.

District 12 incumbent Ron Natinsky is a declared candidate for mayor.

Mayoral election overview

Natinsky is one of three candidates who have registered campaign treasurers with the city secretary, and is considered — at least so far — the frontrunner for the seat. Oakley, who lost the mayor’s race in Leppert four years ago, has already endorsed Natinsky’s mayoral bid, as have several other well-known leaders in the LGBT community.

Jim Moore, an attorney with offices in Oak Lawn, was the first mayoral candidate to register a campaign treasurer. He recently joined Stonewall Democrats of Dallas and he, too, said he counts LGBT leaders as friends and supporters.

The third declared candidate to replace Leppert is former Dallas Police Chief David Kunkle who, during his years leading the Dallas Police Department, earned a reputation for treating the LGBT community fairly, and who was the first Dallas Police chief to participate each year in the Alan Ross Texas Freedom Parade.

This article appeared in the Dallas Voice print edition Feb. 4, 2011.

—  John Wright

Giffords celebrated DADT repeal with photo of Arizona sunset, attended signing ceremony

Arizona Democratic Congresswoman Gabrielle Giffords, who was shot today, is a member of the House LGBT Equality Caucus.

Steve Rothhaus at The Miami Herald reports that Giffords said the following after first being elected to Congress in 2006:

“I have stood up for equality in Arizona, and I am grateful that HRC and the GLBT community stood with our campaign during the primary and the general elections. We can accomplish so much for our families when we work together. Fairness is an essential American value, and when we champion fairness, we can win decisive victories in even the most competitive congressional districts.”

Giffords received a score of 81 out of 100 on the Human Rights Campaign’s 2008 Congressional Scorecard.

After the Senate passed a standalone bill to repeal “don’t ask, don’t tell” last month Giffords sent out this Tweet along with the photo above:

Giffords would later attend the presidential signing ceremony for DADT repeal.

HRC just released this statement from President Joe Solmonese:

“We are shocked and saddened by the events involving Congresswoman Giffords and our hearts go out to her and the other victims of this awful tragedy. Gabby Giffords is a champion for LGBT equality and a principled leader for Arizona. We wish her a speedy recovery as our thoughts and prayers are with her family as well as with the families of all of those touched by today’s horrific violence.”

—  John Wright

Forget late fees: It’s basic fairness leading Minnesotans to return hostile DVDs

Images-5You know those anti-gay DVDs that Minnesota’s Catholic church sent to locals? Yea, well — thousands of folks are regifting them this holiday season:

ST. PAUL, Minn. – Catholic anti-gay marriage DVD protesters are delivering more than 3,000 DVDs to Archbishop John Nienstedt on Friday, according to organizers of ReturnTheDVD.org.

KEEP READING: 3,000 Catholic Anti-Gay Marriage DVDs Returned to Archbishop [My Fox 9]

No word as to what Nienstedt will do with the surplus. Though we do hear Santa’s stocking division is looking for a new alternative to coal…




Good As You

—  admin

In defense of Fort Worth’s response to the Rainbow Lounge raid

Jon Nelson

By Jon Nelson  |  Fairness Fort Worth

I read with interest the Rev. Stephen Sprinkle’s commentary contrasting the Atlanta outcome with Fort Worth’s after raids at gay bars in each city. He concludes that “Factors contributing to the non-resolution of the Fort Worth police raid may include a less-than-robust defense of bar patrons by the Rainbow Lounge ownership at the time of the bust, and the less aggressive approach Fort Worth gay leaders employed to bring the city and the police department to account.”

The headline contrasts the $1 million settlement with none in Fort Worth. Although the Rev. Sprinkle doesn’t mention this as a contrast, I’ll deal with it anyway. The Atlanta suit was filed by a private attorney on behalf of 19 patrons of the club and no such lawsuit has yet been filed in Fort Worth .The LGBT community formed Fairness Fort Worth at the outset and stepped forward to represent the community. The injustice experienced was against the patrons and not the bar owner nor any employees of the bar. This contrasts sharply with the facts in Atlanta where the police targeted both the bar and its patrons.

The Rev. Sprinkle’s one striking contrast is his belief that the Fort Worth Police Department has never issued an apology and Atlanta has. I have attended at least three meeting where Police Chief Jeffrey Halstead has publicly apologized; the last one was in front of the Rainbow Lounge at a news conference held on Nov. 5, 2009.

The Rev. Sprinkle writes that there has been a “non-resolution” of the raid on the Rainbow lounge. Let me share with you what has happened since the raid and, in the words of the Rev. Sprinkle, “You be the judge”:

—  admin