Defining Homes • Ask the EXPERTS

With the economy still in a wicked mess, reports are that the latest trend in homebuying is not buying. Renters are on the rise. But are they? Real estate source Inman reported in January that it is cheaper to buy in the majority of the country’s larger cities. Keith Jurow reported last year on World Property Channel that a Harris Interactive survey found renting a better option. So which is it? We asked locals in the industry how the trends are swaying the Dallas housing market and the frustrations behind them.

……………………

Michael Litzinger

Michael Litzinger
William Davis Realty Uptown

The trend has affected my business significantly. The firm I recently moved to seems to be more in tune with today’s market. Their streamlined, online process requires less paperwork which makes it better for the client, a much quicker turn around for me and better for the environment.

Leasing does move property these days, and I am just glad the industry moves in some fashion whether it’s leasing or selling.

I do think the trend has affected us locally somewhat, but not nearly as severely as in most other areas. I still feel good about the Dallas market.  I know Realtors in other areas that can’t say the same.

Buyers are decreasing to some degree. Even with low interest rates, I’ve had a lot of buyers come to me and then disappear.

 

……………………

Derrick Dawson

Derrick Dawson
Texas Pride Realty

As an active and producing Realtor also working in property management, I’d say the rental trend has picked up significantly, but that doesn’t mean it’s been ideal for property renters/owners or for the multi-family industry. The rental market has been stable but faces some challenges based on broken leases due to financial hardship or unemployment. Many are playing it safe by downsizing or combining rental homes based on economic conditions, being fearful of keeping their jobs and saving for the future.
Today is a buyer’s market and an ideal time to get out of the rent race. The downfall to the buyer’s market that I have seen personally is buyers and investors taking advantage of desperate people in today’s markets, possibly causing detriment to individuals or families in their time of need but also bringing down values in those areas making it harder for others to sell.

 

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Dan Flynn

 

Dan Flynn
Dave Perry-Miller InTown

The trend of leasing over buying has changed the way I preview properties in my area. Leasing is so hot now, I’ve looked at rentals and try to know the different apartment communities close by. Now I am much faster to respond to leasing needs.

I process far more leases to build my future list of clients. I try to educate and prepare them for the buying process down the road. Using a Realtor to find the perfect place to lease makes a lot of sense for those wanting to buy in the future but also for those who don’t really want to do the legwork.

I recently represented a seller who could not sell his property for the amount he was hoping for. Finding qualified buyers in his market and price range wasn’t easy. Another Realtor’s client was interested in leasing the property so

I had to have that conversation with my seller. The seller decided to go with the lease. While sales are still going strong, leasing has increased. While this really is the time to buy, I think all the media attention scares buyers. Potential buyers need to know that the market is stable here and we are one of the cities leading the nation in sales right now.  Go buy a house now or pay more for it later both in price and interest rates.

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Keith M. Thomas

Keith M. Thomas
1111 Apartment Locators

Although the economy has definitely affected us here, it is worse in other areas of the country. Dallas continues to grow and so I feel the trend’s impact on Dallas has been positive.

My company is a fully licensed real estate brokerage company and we handle all residential and commercial real estate transactions yet, our primary business is apartment locating. We want to maintain focus on renters, but we’ve created strategic partnerships with other real estate companies and have a referral program with them. We work closely with our clients to help with all of their real estate needs.

For homes that have reasonable mortgages there is good news. In Dallas, the rental market has significantly gone up, especially from 2010 to present to a  94-97 percent occupancy rate.

Buyers become renters for two reasons: First, they are able to get a nicer home for a lower monthly payment. And second, it doesn’t make sense to buy unless you’re planning to stay. However, buyers are increasing, oddly enough. MetroTex Association of Realtors reported that last August 2010 there were 1,223 properties sold and this August 2011 there were 1,485.

It’s a landlords’ market. Rents are at a premium and good ones go fast. When I show my clients rentals, they want to think about it, I encourage them to act quickly, because the unit is gone within a day or two. Why should homeowners take a loss on waiting for a qualified buyer, when they can rent quickly and hold out for the market to improve?

This article appeared in the Dallas Voice print edition October 7, 2011.

—  Kevin Thomas

Pride 2011 • Tavern Guild names 5 parade beneficiaries

Organizations provide a variety of services for those in the LGBT and HIV/AIDS communities

Draconis von Trapp  |  Intern
intern@dallasvoice.com

Beneficiaries

In recent years, increasing costs have forced the Dallas Tavern Guild to cut back on the number of organizations chosen as beneficiaries of the annual Alan Ross Texas Freedom Parade, choosing only one each year.

This year, however, the Tavern Guild has been able to expand its list of beneficiaries once again. In addition to Youth First Texas, the sole beneficiary for the last several years, beneficiaries this year also include AIDS Arms Inc., AIDS Interfaith Network, AIDS Services of Dallas and Legacy Counseling Center.
Each of the agencies is profiled below:

……………..

Nobles.Raeline

Raeline Nobles

AIDS Arms Inc.
AIDS Arms is the largest nonprofit HIV/AIDS organization in North Texas, serving more than 7,000 individuals every year. The agency’s executive director is Raeline Nobles, and John Loza is chairman of the board of directors.

The AIDS Arms offices are located at 351 West Jefferson Blvd., Suite 300. The phone number is 214-521-5191, and the website is AIDSArms.org.

AIDS Arms’s case management programs offer numerous services to assist individuals in learning to live longer and healthier lives with HIV by providing access to medical care and support services specific to them. The agency’s goals are to create and maintain long-term access and adherence to medical care and stabilization so clients can successfully manage the side effects of HIV and AIDS.

Professional case managers are trained to respond to clients’ unique needs by providing a comprehensive assessment of needs and barriers to accessing medical care and support, as well as assessing clients for eligibility for programs such as HIV medication and health insurance assistance, Medicaid, Medicare, Social Security and other benefit programs that may help with the financial issues of HIV treatment. Case managers also develop a long-term care plan with the client.

The Case Management Resource Directory helps clients locate services such as food, housing, counseling, support groups, job training and more.

AIDS Arms offers multiple minority-specific programs for women, youth, substance abusers and those with mental health needs. The agency offers linguistic services with case managers versed in more than 10 foreign languages and dialects, and with a variety of diverse cultural and educational backgrounds and experiences.

The intake program helps newly diagnosed clients navigate the services available to them in Dallas.

AIDS Arms’ Peabody Health Center is an outpatient medical clinic that offers comprehensive medical care in coordination with other services needed to increase access to care and maintain adherence to treatment. The clinic employs physicians, nurse practitioners, nurses and others professionals who are experts in the medical field and specify in HIV treatment.

AIDS Arms is currently in the process of opening a second clinic.

One specific support group, WILLOW (Women Involved in Life Learning from Other Women), is a program that brings together HIV-positive women to learn from each other and develop new skills. Activities and group discussion lend to the positive environment where women learn how to live healthier lives and form good relationships.

……………..

Pace.Steven
Steven Pace

AIDS Interfaith Network
AIDS Interfaith Network was founded in 1986. Steven Pace is executive director. The agency’s offices are located on 501 N. Stemmons, Suite 200,
and the phone number is 214-941-7696. The AIN website is AIDSInterfaithNetwork.org.

Among its programs, AIN offers Outreach, a program to guide individuals and gives them access to prevention and care services, make referrals and ensure that those affected by HIV/AIDS have access to proper care. The program specifically targets African-Americans (African American Health Coalition) and Latinos (Manos Unidas).

AIN offers a variety of programs, including linguistic services with interpretation and translation of written materials for Spanish-speaking clients, caregivers and other service providers.

Educational services, including prevention education and risk reduction sessions, are available for at-risk individuals, groups and communities, as well as collaborative HIV testing and prevention programs.

Another program offers HIV education for minority women at high risk of infections. The program specifically targets African-American and Hispanic women, but it is open to all.

AIN’s client advocacy program receives referred clients and enrolls them into the appropriate programs. It also provides direct assistance by making referrals, providing follow up and collaborating with case management. This program collects client data, creates and updates files and provides documentation.

Transportation services are offered to clients living in both metropolitan and rural areas through van rides, bus passes for the DART and train system and taxi rides to ensure access to treatment facilities and support services throughout the prevention system.

AIN also operates the Daire Center, an adult daycare center that provides stabilization services and respite care to relieve caregivers. The center also includes monitoring, individualized support, activities, socialization and nutrition assistance. The meals program provides prepared breakfast and lunch daily in the Daire Center for clients who need assistance to meet or enhance their nutritional needs.

For those interested in taking part in helping affected clients, AIN’s volunteer program recruits, trains and manages volunteers, offering different curricula of buddy and companion services for those affected. The program also provides on-site assignments at AIN to give program, administrative and project support and to participate in fundraising events.

For clients requiring spiritual support, AIN offers pastoral services for care, counseling, education and support. The program refers clients and accepts referrals, collaborates with Outreach, offers prevention education and recruits volunteers.

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Maison.Don1-
Don Maison

AIDS Services of Dallas

AIDS Services of Dallas was founded in 1985. Don Maison is president and CEO. ASD offices and apartment buildings are located in North Oak Cliff, near Methodist Medical Center. The phone number is 214-941-0523 and the website is AIDSDallas.org.

ASD’s housing program provides furnished, service-enriched housing and assisted living in private apartments for people with HIV/AIDS. ASD never turns away clients due to an inability to pay rent and it is the largest licensed provider of medically supportive housing for infected individuals in Texas, with four facilities: Ewing Center, Revlon Apartments, Hillcrest House and Spencer Gardens.

Ewing Center consists of 22 units — five one-bedroom apartments, 15 efficiencies and two special need beds/rooms. Revlon Apartments are designed to accommodate individuals and families, with 20 one-bedroom and seven two-bedroom apartments.
Hillcrest House, which provides service to individuals who are formerly homeless and living with HIV/AIDS, has 64 single-unit efficiencies. And Spencer Gardens, named in memory of Diana, Princess of Wales, provides housing for 12 low-income families.

ASD provides morning and lunchtime meals five days a week and coordinates dinner meals through the Supper Club volunteer program. For immobile clients, the program also provides carryout meal services.

For transportation services, ASD provides a 15-person van to provide regularly scheduled trips to a local food pantry, supermarket and second-hand clothing stores. It also carries residents to and from medical appointments and social service appointments and is used to transport residents to recreational activities planned and implemented by the Resident Councils.

ASD’s case management program provides professional social work staff to determine the psychosocial services needed for each individual resident and assist them in accessing community-based service providers. In addition, the social workers provide on-site case management, substance abuse counseling, individual and group counseling and grief support as needed.

The Social Work Department provides recreational activities for the children of ASD and helps their adjustment to the community and public schooling. With funding from the ExxonMobil Community Summer Jobs Program, ASD has hired a children’s activity coordinator to provide recreation during the summer months for the children residing at ASD.

ASD provides 24-hour care and support for its residents. Nurses provide both care and support to residents as well as implement the health maintenance programs. Personal care aides monitor every individual’s needs and habits and provide full-time assistance with routine tasks of daily living for HIV-positive residents.

……………..

Grove,-Melissa11
Melissa Grove

Legacy Counseling Center and Legacy Founders Cottage
Established more than 20 years ago, Legacy Counseling Center provides mental healthcare, substance abuse treatment and housing services for individuals affected by HIV and AIDS. Melissa Grove is executive director. Legacy’s offices are located at 4054 McKinney Ave., Suite 102. The phone number is 214-520-6308 and the website is LegacyCounseling.org.

Legacy Counseling Center provides both individual and group therapy. In individual therapy, individuals receive one-on-one private therapy sessions with licensed professional counselors specially trained in mental health issues of persons affected by HIV and AIDS.

They assist with coping, anxiety, depression and survivor guilt as well as medication compliance.

Group therapy is offered both during the day and the evening and helps HIV-infected individuals contend with many unique issues, and include female-only groups, Spanish-speaking groups and other targeted groups.

Legacy’s Substance Abuse Program provides intensive outpatient substance abuse treatments along with ongoing relapse prevention services for HIV-positive individuals. The program also educates clients about drug abuse and how it ties in with HIV and AIDS in both group and individual therapy. The outpatient therapy schedule can be tailored to the individual’s needs.

To take part in these programs, the individual must be HIV-positive with a letter of diagnosis, at least 18 years old and must remain alcohol and drug-free during the program.

Legacy also operates the Legacy Founders Cottage, a licensed, seven-room special-care facility for people living with AIDS in critical stages of their illness who require 24-hour supervised care.

……………..

Youth First Texas

Wilkes.Sam
Sam Wilkes

Youth First Texas is staffed by Director of Development and Administration Sam Wilkes. The YFT offices are located at 3918 Harry Hines Blvd. The phone number is 214-879-0400 or, toll-free, 866-547-5972. The center is open Tuesday and Wednesday from 6 p.m. to 9 p.m.; Thursday from 5 p.m. to 9 p.m.; Friday from 6 p.m. to 10 p.m.; and the second and fourth Saturday of the month from 6 p.m. to 9 p.m.

YFT offers free counseling to LGBTQ youth ages 22 and younger through volunteer counselors. All counselors are licensed professionals or student interns working under the supervision of a licensed counselor. All legal and ethical guidelines are followed including confidentiality and keeping files. Youth under the age of 18 must have written consent from a parent or guardian before receiving individual counseling services.

Counselors address issues such as coming out, family and school issues, bullying, self-mutilation, depression, isolation, relationships and dating, gender identity and expression, and drug and alcohol abuse.

YFT offers three main groups, but these may be supplemented with other support groups as the need arises. The three support groups are Survivors, Gender Identity and Coming Out.

Survivors’ Group is a peer support group for youth who have suffered isolation, abuse or other trauma, offering them the opportunity to discuss things that are troubling them and receive feedback from peers in a safe space. This group is held on the first and third Thursdays of the month from 7:45 p.m. to 8:45 p.m.

Gender Identity Group is specific to youth dealing with issues related to gender identity and expression. The group is also open to youth who are curious about their gender-variant peers and gender issues in general. It is held on the second and fourth Thursdays of the month from 7:45 p.m. to 8:45 p.m.

Coming Out Group deals with thoughts and feelings about sexuality. YFT periodically offers a four-week support group, providing an opportunity to share with a small group of peers about sexuality and coming out.

YFT also offers multiple educational programs throughout the year. Among these are book club, café cinema, GED tutoring, “Our Roots Are Showing,” Youth Defenders and GSA Network. The center also offers many recreational activities, such as Dallas PUMP!, Friday Night Kula Feast, Movie Camp, Open Mic Night, and the YFT Dance Group.

Throughout the year YFT participates in softball through the Pegasus SlowPitch Softball Association, volleyball through Dallas Independent Volleyball Association, concerts by the

Turtle Creek Chorale, theater performances by Uptown Players and other functions. YFT participants are also kept privy to queer-related opportunities such as performing at their annual fashion show Give E’m Heel and the Gayla Prom by Resource Center Dallas.

This article appeared in the Dallas Voice print edition September 16, 2011.

 

—  Kevin Thomas

Sarah Palin Appears On Fox News To Respond To “Political Finger-Pointing”

Sarah Palin on Sean Hannity tonight: “In a situation like we have just faced in these last eight days of being falsely accused of being an accessory to murder, I and others need make sure that we too are shedding light on truth so a lie cannot continue to live. If a lie does live, then of course your career is over and your reputation is thrashed and you will be ineffective in what we intend to do.”

Joe. My. God.

—  admin

Santa Ana Police Respond to Noose Disaster: Go File A Complaint

How is the Santa Ana Police Department in California reacting to charges of indifference after volunteers at Equality California's office found a noose hanging on the door? With similar indifference.

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—  admin

Air Force Major Mike Almy, SLDN respond to McCain interview with reporters

You’ll recall that yesterday, Sen. John McCain was cornered by The Advocate’s Kerry Eleveld and MetroWeekly’s Chris Geidner about his outrageous claim that there aren’t any witch hunts going on under DADT after the Senate failed to break a filibuster on the National Defense Authorization Act (NDAA).

MCCAIN: I dont’ care what you say! And I don’t care what others say. I’ve seen it in action. I’ve seen it in action. I have sons in the military, I know the military very well. So they’re not telling you the truth.

ELEVELD: Senator, just to make sure…

MCCAIN: Just to make sure. We do not go out and seek out and find out….

ELEVELD: Private emails are not being searched? Private emails are not being searched?

MCCAIN: …See if someone is gay or not. We do not go out and see whether someone is gay or not.

ELEVELD: There are documented cases…

MCCAIN: They do not, they do not, they do not. You can say that they are, you can say [inaudible] it’s not true!… Yea, I’d like to see…

GEIDNER: It is the case of Mike Almy, Senators.

McCain and Almy were on Rachel’s show:

Visit msnbc.com for breaking news, world news, and news about the economy

Today, Mike Almy has come forward to comment on the Arizona Senator’s befuddled assertions in a letter.

September 22, 2010

U.S. Sen. John McCain

241 Russell Senate Office Building

Washington, DC 20510

Sen. McCain,

I testified before the Senate Armed Services Committee in March of this year and told the story of my discharge from the military because of “Don’t Ask, Don’t Tell” (DADT). You were in attendance that day and heard me tell my story of how the Air Force conducted an open-ended search of my private emails, solely to determine if I had violated the DADT law.

On Tuesday, September 21, you emphatically denied that the military conducts searches of private emails because of DADT. When challenged by reporters who mentioned my name, you said “bring him to my office.” Senator, I respectfully ask for an opportunity to do so to discuss this law that took my career.

In this letter I will again share with you my story, as I did during the committee hearing last March.

Almy continues below the fold.

Once DADT is history, I plan to return to active duty as an officer and a leader in the Air Force.

For thirteen years, I served in the United States Air Force where I attained the rank of major before I was discharged under DADT.

As the Senate Armed Services Committee considers including repeal in the Defense Authorization bill, we’re very close — just two or three votes — to passing repeal in committee. I ask for you to voice your support to put us over the top.

I come from a family with a rich legacy of military service. My father is a West Point graduate who taught chemistry at the Air Force Academy, flew helicopters in Vietnam, conducting search and rescue operations for downed aircrews, and ultimately retired as a senior officer from the Air Force. One of my uncles retired as a Master Gunnery Sergeant from the Marine Corps, with service in World War II, Korea and Vietnam. Another uncle served in the Army in Korea.

Growing up, I didn’t really know what civilians did, I just knew I would follow in my father’s footsteps and become a military officer.

I joined Air Force ROTC in 1988 and was awarded a scholarship. I earned my jump wings in 1991. In 1992, I graduated from ROTC in the top 10% of all graduates nationwide. In 1993, I went on active duty, just as DADT was becoming a law.

Stationed in Oklahoma, I was named officer of the year for my unit of nearly 1,000 people. Later, I was one of six officers selected from the entire Air force to attend Professional Military Education at Quantico, Virginia.

During my career, I deployed to the Middle East four times. In my last deployment, I led a team of nearly 200 men and women to operate and maintain the systems used to control the air space over Iraq. We came under daily mortar attacks, one of which struck one of my Airmen and also caused significant damage to our equipment. Towards the end of this deployment to Iraq, I was named one of the top officers in my career field for the entire Air Force.

In the stress of a war zone, the Air Force authorized us to use our work email accounts for “personal or morale purposes” because private email accounts were blocked for security.

Shortly after I left Iraq — during a routine search of my computer files — someone found that my “morale” was supported by the person I loved — a man.

The email — our modern day letter home — was forwarded to my commander.

I was relieved of my duties, my security clearance was suspended and part of my pay was terminated.

In my discharge proceeding, several of my former troops wrote character reference letters for me, including one of my squadron commanders. Their letters expressed their respect for me as an officer, their hope to have me back on the job and their shock at how the Air Force was treating me.

Approximately a year after I was relieved of my duties, my Wing Commander recommended I be promoted to Lieutenant Colonel, even though the Air Force was actively pursuing my discharge.

But instead, after 16 months, I was given a police escort off the base as if I were a common criminal or a threat to national security. The severance pay I received was half of what it would have been had I been separated for any other reason.

Despite this treatment, my greatest desire is still to return to active duty as an officer and leader in the United States Air Force, protecting the freedoms of a nation that I love; freedoms that I myself was not allowed to enjoy while serving in the military.

Senator McCain, I’ve had no greater honor than leading men and women in the United States Air Force, in harm’s way, to defend the freedom’s we enjoy in this country, as you yourself have honorably done. I genuinely hope you will support me in my endeavor to return to the Air Force as an officer and a leader.

Thank you,

Mike Almy

Former Major, USAF

Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:

“Sen. John McCain is either ignoring U.S. Senate testimony that showed the military was proactively seeking out gay and lesbian service members for discharge under ‘Don’t Ask’, or he is openly deceiving Americans after his shameless filibuster.  Either way, McCain is grossly out of touch and factually off the mark. Air Force Major Almy testified to the Senate Armed Services Committee, where McCain was present, that the Air Force proactively went into his emails – authorized for “personal or morale purposes” while at war – and found that he was gay.  Major Almy never made a statement, even after being asked by his command, to his sexual orientation. And if McCain didn’t filibuster the bill that included repeal, Major Almy also testified that he’d return back the day repeal is certified.”

Pam’s House Blend – Front Page

—  John Wright

How The Gays Should Respond to Greg Gutfeld’s Muslim Gay Bar

The Regulars Comic, from Karl Hampe, is published every Friday on Queerty.

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—  John Wright

Prop 8 Plaintiffs Respond To Stay

From Ted Olson and the American Foundation for Equal Rights:

Today the United States Court of Appeals for the Ninth Circuit set a highly expedited schedule for briefing and argument of proponents’ appeal from the district court’s August 4, 2010 decision striking down California’s Proposition 8 as an unconstitutional violation of the rights of gay and lesbian citizens to due process and equal protection of the law under the Fourteenth Amendment, and it granted proponents’ request to stay the judgment of the district court’s order while the appeal is decided. This means that although Californians who were denied equality by Proposition 8 cannot marry immediately, the Ninth Circuit, like the district court, will move swiftly to address and decide the merits of Plaintiffs’ claims on their merits.

“We are very gratified that the Ninth Circuit has recognized the importance and pressing nature of this case and the need to resolve it as quickly as possible by issuing this extremely expedited briefing schedule. As Chief Judge Walker found, Proposition 8 harms gay and lesbian citizens each day it remains on the books. We look forward to moving to the next stage of this case,” said Attorney Theodore B. Olson.

“Today’s order from the Ninth Circuit for an expedited hearing schedule ensures that we will triumph over Prop. 8 as quickly as possible. This case is about fundamental constitutional rights and we at the American Foundation for Equal Rights, our Plaintiffs and our attorneys are ready to take this case all the way through the appeals court and to the United States Supreme Court,” said Chad Griffin, Board President, American Foundation for Equal Rights.

Joe. My. God.

—  John Wright

DART accused of transphobia

Judge reversed order after transit agency fought longtime employee’s gender-marker change last year

John Wright | News Editor
wright@dallasvoice.com

TRANS FRIENDLY? | Judge Lynn Cherry, right, is shown alongside drag performer Chanel during Stonewall Democrats’ 2008 holiday party at the Round-Up Saloon. A few months later, Cherry ruled against a transgender DART employee and overturned a gender-marker change. (John Wright/Dallas Voice)

DART stands accused of bigotry and transphobia after attorneys for the local transit agency intervened in family court last year to challenge a gender-marker change granted to an employee.

According to court records, a transgender DART employee obtained a court order in February 2009 directing all state agencies to correct their records by changing her gender-marker from male to female, including on her birth certificate.

As Dallas Voice reported last week, many Dallas County judges have been routinely granting gender-marker changes to transgender people who meet set criteria — including documentation from licensed medical personnel — since the Democratic sweep of 2006.

The DART employee, who’s name is being withheld to protect her anonymity, later presented the court order to the transit agency’s human resources department and requested that her personnel records be changed to reflect her new gender.

But DART’s attorneys objected to the gender-marker change and responded by filing a motion seeking a rehearing in court. DART’s objections prompted 301st Family District Court Judge Lynn Cherry to reverse her order granting the gender-marker change.

“Where does this stop when an employer can start interfering with your personal life and family law decisions?” said longtime local transgender activist Pamela Curry, a friend of the DART employee who brought the case to the attention of Dallas Voice. “She was devastated. This should be a serious concern to a lot of people — everybody — and I just think this story needs to be told.”

Judge Cherry, who received Stonewall Democrats of Dallas’ Pink Pump Award for her support of the group last year, didn’t respond to messages seeking comment this week.

Morgan Lyons, a spokesman for DART, noted that Cherry reversed her order before the agency actually filed its motion for a rehearing. However, Curry alleges that DART’s attorneys met with Cherry privately and pressured her into reversing the order.

As is common with gender-marker changes, the case file has been sealed, but Dallas Voice obtained copies of some of the court documents from Curry.

In their motion for a rehearing, DART attorneys Harold R. McKeever and Hyattye Simmons argued that Texas law grants registrars, not judges, the authority to amend birth certificates. They also argued that birth certificates could be amended only if they were inaccurate at the time of birth.

“It’s not a DART issue, it’s a point of law,” Lyons told Dallas Voice this week, in response to the allegations of bigotry. “The lawyers concluded that the birth certificate could not be altered by law, unless there was a mistake made when the birth certificate was completed, and again, the judge changed the order before we even wound up going into court with it.”

Asked about DART’s LGBT-related employment policies, Lyons said the agency’s nondiscrimination policy includes sexual orientation but not gender identity/expression. The agency, which is governed by representatives from Dallas and numerous suburbs, also doesn’t offer benefits to the domestic partners of employees.

Lyons didn’t respond to other allegations made by Curry, including that the agency has fought the employee’s transition from male to female at every step of the way.

Curry, who helped the employee file her pro se petition for a gender-marker change, said the employee has worked for DART for more than 20 years and has an outstanding performance record.

The employee began to come out as transgender in 2003 and had gender reassignment surgery more than three years ago, Curry said. Curry said DART supervisors have at various times told the employee that she couldn’t have long hair, couldn’t wear skirts to work and couldn’t use women’s restrooms at work.

The employee has responded by showing up at work in her uniform so she doesn’t have to change and using public restrooms on her bus route, Curry said.

Supervisors have also told the employee she can’t talk to the media and can’t join political groups, such as Stonewall Democrats, Curry said.

“She’s intimidated and she’s scared,” Curry said. “One supervisor even suggested to her that if she doesn’t lay off it, they will mess up her retirement.”

Elaine Mosher, a Dallas attorney who’s familiar with the case, also questioned why DART intervened. Mosher didn’t represent the employee in the case but has handled gender-marker changes for other clients.

Mosher said the employee’s gender doesn’t have any bearing on her ability to do her job at DART.

“My argument in any gender marker matter is, the birth certificate was wrong, that’s why they had to go through the transition surgery, in essence to put them in the correct gender,” Mosher said. “All I can tell you is that it seems strange to me that DART would care one way or another what the gender marker of anybody that works for them is.”

Moster added that she believes someone at DART may have been “freaked out” by the employee’s transition from male to female and developed a “vendetta” against her.

“I wish I had a good explanation for why [DART got involved] other than the fact that I know there are people out there who are utterly blind and prejudiced for no other reason than they are,” Mosher said. “I compare it to some of the nonsense African-Americans had to live through in the ’60s.”

Mosher also said she’s “very surprised” that Cherry reversed the order granting the gender marker change.

Erin Moore, president of Stonewall Democrats, said she’s heard “bits and pieces” of the story but isn’t sure of all the facts.

Moore said in response to her questions about the case, Cherry told her she couldn’t talk about it because it’s still within the timeframe for a possible appeal.

“Lynn is a longtime supporter of Stonewall and I would think she would be fair in the case,” Moore said. “I’m confident she’s an ally to this community.”

This article appeared in the Dallas Voice print edition February 19, 2010.

—  admin

Partner denied sick leave by AT&T

Bryan Dickenson, left, and Bill Sugg hold hands in Sugg’s room at a rehabilitation facility in Richardson on Wednesday, Jan. 27. (Source:John Wright/Dallas Voice)

Despite 100% rating from HRC, company won’t allow gay man time off to care for ailing spouse

JOHN WRIGHT  |  News Editor
wright@dallasvoice.com

Bryan Dickenson and Bill Sugg have been together for 30 years.

For the last 12 of those years, Dickenson has worked as a communications technician for Dallas-based AT&T.

After Sugg suffered a debilitating stroke in September, Dickinson requested time off under the federal Family Medical Leave Act to care for his partner.

But AT&T is refusing to grant Dickenson the 12 weeks of leave that would be afforded to a heterosexual spouse under the act.

As a result, Dickenson is using vacation time so he can spend one afternoon a week at Sugg’s bedside at a rehabilitation facility in Richardson. But Dickenson fears that when his vacation runs out, he’ll end up being fired for requesting additional time off to care for Sugg. Dickenson’s attorney, Rob Wiley of Dallas, said he initially thought AT&T’s refusal to grant his client leave under FMLA was just a mistake on the part of the company. Wiley said he expected AT&T to quickly rectify the situation after he sent the company a friendly letter.

After all, AT&T maintains the highest score of 100 percent on the Human Rights Campaign’s Corporate Equality Index, which ranks companies according to their treatment of LGBT employees. And just this week, HRC listed AT&T as one of its “Best Places to Work.”

But AT&T has stood its ground, confirming in a statement to Dallas Voice this week that the company isn’t granting Dickenson leave under FMLA because neither federal nor state law recognizes Sugg as his domestic partner.

“I really couldn’t be more disappointed with AT&T’s response,” Wiley said. “When you scratch the surface, they clearly don’t value diversity. I just think it’s an outright lie for AT&T to claim they’re a good place for gays and lesbians to work.”

Wiley added that he’s disappointed in HRC for giving AT&T its highest score. Eric Bloem, deputy director of HRC’s workplace project, said Thursday, Jan. 28 that he was looking into the matter. Bloem said a survey for the Corporate Equality Index asks companies whether they grant FMLA leave to same-sex couples, and AT&T replied affirmatively.

“I’m not exactly sure what’s going on, so I don’t really want to make an official comment on it,” Bloem said.

Walt Sharp, a spokesman for AT&T, said the company has “a long history of inclusiveness in the workplace.”

“There are circumstances under which our administration of our benefits plans must conform with state law, and this is one of those circumstances,” Sharp said in a written statement. “In this case, neither federal nor state law recognizes Mr. Dickenson’s domestic partner with legal status as a qualifying family member for a federal benefit program. There is no basis for this lawsuit or the allegations contained in it and we will seek its dismissal.”

Sharp didn’t respond to a request for further comment.

Wiley said Sharp’s statement doesn’t make sense. No law prohibits the company from granting Dickenson an unpaid leave of absence, which is what he’s requesting. Wiley also noted that no lawsuit has been filed, because there isn’t grounds for one.

The federal FMLA applies only to heterosexual married couples, Wiley said. Some states have enacted their own versions of the FMLA, requiring companies to grant leave to gay and lesbian couples, but Texas isn’t one of them.

Wiley said the couple’s only hope is to somehow convince the company to do the right thing, which is why he contacted the media.

“At some point in time this just becomes really hateful that they wouldn’t have any compassion,” Wiley said of the company. “I think the recourse is to tell their story and let people know how AT&T really treats their employees.”

Through thick and thin

This isn’t the first time Dickenson and Sugg have endured a medical crisis.

Sugg, who’s 69 and suffers from congenital heart problems, nearly died from cardiac arrest shortly after the couple met in 1980.

At the time, Dickenson was a full-time student and didn’t have car. So he rode his bicycle from Garland to Parkland Hospital in Dallas every day to visit Sugg in the intensive care unit.

In an interview this week at the rehab facility, Sugg’s eyes welled up with tears as he recalled what a Parkland nurse said at the time – “If that isn’t love, then I don’t know what the hell love is.”

“And sure enough, it was,” Sugg said over the whirr of his oxygen machine, turning to Dickenson. “As long as I have you, I can get through anything.”

Dickenson said in addition to visiting Sugg each Wednesday afternoon, he wakes up at 7:30 on Saturday and Sunday mornings so he can spend the day with Sugg at the rehab facility.

This past Christmas, Dickenson spent the night on the floor of Sugg’s room.
“That would have been our first Christmas separated, and I just couldn’t bear that, him being alone on Christmas,” Dickenson said.

The worst part of the whole ordeal was when he had to return to work after taking 13 days off following Sugg’s stroke, Dickenson said. Sugg didn’t understand and thought his partner had abandoned him for good.

“He called me over and over every night, begging me to please come see him,” Dickenson said. “And I said, ’Honey, you don’t understand, I had to go back to work to save my job.’

“That’s what really hurts about what they’ve put me through, not my pain and anguish, but his,” Dickenson said.

Dickenson said it was 3 a.m. on Sept. 22 when he rushed Sugg to the hospital. Doctors initially said it was “the worst sinus infection they’d ever seen,” but within 48 hours Sugg had suffered a stroke affecting his cerebellum.

Sugg lost the ability to swallow and his sense of balance. He’s still unable to walk and suffers from double vision.

Because he wasn’t out as gay at work, Dickenson initially told supervisors that his father was sick.

When he returned to work after 13 days at the hospital, Dickenson explained that his domestic partner was ill and he needed more time off. His supervisor managed to get him an additional 30 days of unpaid leave.

In the meantime, Dickenson phoned the company’s human resources department and asked whether he’d be eligible for leave under FMLA, which allows 12 weeks (or about 90 days) per year. Dickenson said he was told that since he lives in Texas, he wouldn’t be eligible.

Dickenson filled out the FMLA forms anyway and sent them to the company, but he never got any response.

When Dickenson returned to work, he asked to be reclassified as part-time employee, so he could spend more time with Sugg. His supervisor refused and told him his best bet was FMLA leave, even though he’d already been denied.

That’s when Dickenson contacted Wiley.

Sugg is scheduled return to the couple’s Garland home from rehab in about a week, but he’s still on a feeding tube and will require nursing care. With any luck, he’ll someday be able to walk again.

Sugg bragged that he was able to drink his first cup of coffee last week, and he’s looking forward to getting back to his hobby of raising African violets.

Dickenson said he knows of at least seven medical appointments he’ll have to arrange for Sugg once he returns home. He said his vacation time likely will run out by April, and he fears that if he loses his job, the medical expenses will eventually cause him to go broke.

But Dickenson, who’s 51, said he’s committed to taking care of Sugg, even if it means living on the street someday.

“When it runs out, I’ll be fired, and it really hurts to be in a situation like that, because I’ve worked very hard for AT&T,” Dickenson said. “We suffer now, but maybe other people in our shoes in the future, if they work for AT&T, they won’t suffer like we do.”

—  John Wright