Legal Hospice of Texas receives ‘cy pres’ award

LEGAL AID | Legal Hospice of Texas received a “cy pres” award that will help them deliver services to low-income persons are HIV-positive or have other life-threatening illnesses in 16 North Texas counties. (David Taffet/Dallas Voice)

Legal Hospice of Texas has received an award of $94,969 as part of the largest “cy pres” award to legal aid in Texas.

“Cy pres” awards are residual funds from a class action suit or other legal proceedings that cannot be distributed to class members or the intended beneficiaries for a variety of reasons. The class action suit, Meyers et. al v. State of Texas, et. al, involved allegations that the state violated Title II of the Americans with Disabilities Act by charging Texans with disabilities for the standardized blue placards used for parking.

Executive Director Roger Wedell said attorneys involved in class action suits, along with mediators and judges, can influence how these excess funds are disbursed. Funds that are not distributed would be paid to the state.

Since the state was the defendant, Wedell said there was an interest in not returning this money to the state. The “cy pres” funds received from this suit will help provide legal aid to Texans with disabilities.

More than $2.6 million from the Meyers lawsuit was awarded to six legal aid organizations that provide civil legal services to low income Texans with disabilities. An additional $6.4 million from the suit will flow to other non-profit organizations that serve the needs of Texans with disabilities.

The funds come at a critical time for the agency, Wedell said, which has been particularly hard-hit by the recession.

Legal Hospice of Texas began as a volunteer organization that assisted with end-of-life paperwork at evening and weekend clinics at the Dallas Gay Alliance office on Cedar Springs Road. The organizations received its first grants in 1989 from the Dallas and Texas Bar foundations, adding its first staff when Ryan White CARE Act funding began in 1990.

In addition to Wedell, the organization now has two paid staff attorneys and works with about 40 volunteers from individual to large law firms.

Legal Hospice of Texas provides services to low-income persons are HIV-positive or have other life-threatening illnesses in 16 North Texas counties. Those with HIV must already be registered through one of the other agencies that can refer persons for service.

Wedell said most of Legal Hospice’s work is in three areas: estate planning, wills and preparation of other end-of-life documents. Attorneys also assist clients with legal issues relating to Social Security, unemployment insurance and other public benefits. Employment consultations with people newly diagnosed is a third area of expertise for Legal Hospice.

—  David Taffet

Judy Shepard statement on gay-bullying suicides

There’s a national conference call under way as we write this to coordinate vigils in honor of the four gay-bullying suicides of the last three weeks. Since we’re not taking part in the call, we figured we’d share this statement that just came across from Judy Shepard. We’ll update you on any plans for local vigils as soon as they’re announced. Shepard is, of course, the mother of hate crime victim Matthew Shepard, who was murdered in Wyoming in 1998. Here’s her statement:

Judy Shepard: We Must All Protect Youth from Suicide

Our family, and the staff and board at the Matthew Shepard Foundation, are all deeply saddened by the devastating report of at least the fourth gay or gay-perceived teen to commit suicide in this country in the last month.

Reports say that Tyler Clementi, 18, leapt to his death from the George Washington Bridge near his New Jersey college campus after a roommate allegedly broadcast him in a same-sex encounter behind closed doors in his dorm room, and apparently invited others, via Twitter, to view it online. Regardless of his roommate’s alleged tweet, Tyler had apparently made no statement about his own sexual orientation. I’m sure we will all learn more about this terrible tragedy as legal proceedings unfold, but the contempt and disregard behind such an invasion of privacy seems clear. In the meantime, we send our thoughts and prayers to Tyler’s family as they mourn their loss.

In the last month there has been a shocking series of teen suicides linked to bullying, taunting, and general disrespect regarding sexual orientation, in every corner of America. Just a few days ago, Seth Walsh, a 13-year-old in Tehachapi, Calif., passed away after 10 days on life support after he hanged himself. Police say he had been mercilessly taunted by fellow students over his perceived sexual orientation.

Billy Lucas, 15, hanged himself a few weeks ago at his Indiana home after years of reported harassment by students who judged him to be gay. Asher Brown, a 13-year-old in Harris, TX, who had recently come out, took his life with a gun after, his parents say, their efforts to alert school officials to ongoing bullying were not acted upon.

Many Americans also learned this week about Tyler Wilson, an 11-year-old boy in Ohio who decided to join a cheerleading squad that had been all-female. As a gymnast, he was interested in the athletic elements of cheering. He was taunted with homophobic remarks and had his arm broken by two schoolmates who apparently assumed him to be gay. He told “Good Morning America” that since returning to school, he’s been threatened with having his other arm broken, too.

Our young people deserve better than to go to schools where they are treated this way. We have to make schools a safe place for our youth to prepare for their futures, not be confronted with threats, intimidation or routine disrespect.

Quite simply, we are calling one more time for all Americans to stand up and speak out against taunting, invasion of privacy, violence and discrimination against these youth by their peers, and asking everyone in a position of authority in their schools and communities to step forward and provide safe spaces and support services for LGBT youth or those who are simply targeted for discrimination because others assume they are gay. There can never be enough love and acceptance for these young people as they seek to live openly as their true selves and find their role in society.

Suicide is a complicated problem and it is too easy to casually blame it on a single factor in a young person’s life, but it is clear that mistreatment by others has a tremendously negative effect on a young person’s sense of self worth and colors how he or she sees the world around them. Parents, educators and peers in the community need to be vigilant to the warning signs of suicide and other self-destructive behaviors in the young people in their lives, and help them find resources to be healthy and productive. We urge any LGBT youth contemplating suicide to immediately reach out to The Trevor Project, day or night, at (866) 4-U-TREVOR [866-488-7386].

Judy Shepard
President, Matthew Shepard Foundation Board of Directors
September 29, 2010

—  John Wright