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

If you like it build a museum to it, Houston may get Beyoncé monument

I'm sure the plans for the failed 555 ft "Spirit of Houston" statue are still in a drawer somewhere. Just make it more bootylicious and put a ring on it.

Hometown heroes have always been honored with monuments; from Hannibal, Missouri’s Mark Twain Museum to Cleveland’s memorial to President Garfield, from Atchison, Kansas’ Amelia Earhart museum, to Concord, Ohio’s John Glenn historic site. Pity Houston! Which scion of our fair burg will rise up from the shackles of obscurity to clasp the liberty of immortality that only a dedicated monument can bring?

Beyoncé Knowles, that’s who, at least according to two men who skyped with Fox 26 and are expecting the Mayor to endorse their plans any day now. Steve White and Marcus Mitchell of Armdeonce Ventures say they want to honor the newly minted musical mother with a “statue or museum.” According to Mitchell,

““Our biggest thing is a lot of people get honored when they die, so our goal is to why not honor people why they’re still here? We felt as though it’s her time to be honored. We wanted to construct, like, a massive hall so as the doors open, if you donated to the monument, you’ll have a separate nameplate.”

Armdeonce Ventures has offices in Baltimore, Washington D.C. and Houston according to it’s website. The Beyoncé Monument is the only project currently listed on the site.

Watch the Fox 26 interview with the visionary twosome after the break.

—  admin

HGG 2011 Gift-A-Day: The Gaydar Gun

RICK PERRY — YOU’D BETTER HOPE NO ONE AIMS AT YOU

“You have cocktail forks… and use them!” “You’d trade it all for a date with an ice skater.” These are just some of the assessments the Gaydar Gun can make when aimed at the people to detect the precise degree of their queerness (“No more guessing!” it promises) on the rainbow scale, from Rob Halford to Liberace’s poodles. A piece of novelty amusement, the Gaydar Gun is a great toy for parties, conversation starter while people watching and just a good source of bitchy comments.  (You can even switch the sex of the target to make sure the shade you’re throwing is gender-appropriate.)

Retails online at GaydarGun.com and other sites for $30.

—  Rich Lopez

Upstate NY newspaper runs trans-tastic series

A view of Downtown Albany from the Hudson River

My college town newspaper, the Albany Times Union, is running an awesome series of articles about the transgender community this week that I wanted to share.

When I was in school, the Times Union was the conservative newspaper and the now-gone Knickerbocker News was the liberal paper. But the surviving paper knows its audience and Albany is liberal. No, that should read LIBERAL.

This whole series is worth a read. But not only are the articles good, so are the comments. The biggest complaint is that the LGBT community is getting too much coverage. Imagine that in the local Dallas newspaper. I expect more negative comments right here in a Texas LGBT newspaper than an Upstate New York mainstream paper is getting.

Here’s an article filled with statistics. They claim more than 8 million LGBs in the U.S. and 700,000 transgenders. There’s no census count so I’m not sure where the numbers come from.

Here’s the main page — Transgender: A Special Report. The online version begins with 75+ photos.

People just know me as Pat

The long, difficult journey of how a man became a woman

Surgery, pain, humor and no turning back

Going from Kenny to Kym was no easy road

For Drew, nothing is written

‘I like my fluid identity’

A little about Albany

Albany is a small city of about 100,000 people. The capital of New York, it’s about 150 miles north of New York City, north of the Catskills, south of the Adirondacks and where the Mohawk River empties into the Hudson River. Where the northbound New York State Thruway makes a sharp left turn to head west to Buffalo — giving the city its nickname — the armpit of New York.

Oh, and Albany is a very liberal city. So it’s not surprising they’d run this series. I just don’t know when another mainstream daily has devoted this much space at one time to transgender issues.

Albany is home to the first LGBT community center ever created in the country. Located in a brownstone a few blocks the Capitol, it’s now called the Capital Pride Center. The building was purchased in 1974 by a professor at my school and a group of us helped renovate the building. That was the first time I ever helped build stairs. Hopefully they’ve been rebuilt since then.

And Sen. Gillibrand — who represented Albany before becoming senator — was a leader in getting rid of “don’t ask, don’t tell” and pushed for marriage equality along with Governor Andrew Cuomo.

—  David Taffet

President Obama issues memorandum on protecting LGBTs abroad

President Barack Obama and Secretary of State Hillary Clinton

Four days in advance of  Human Rights Day on Saturday, Dec. 10,  President Barack Obama today issued a presidential memorandum “to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons,” according to a statement just released by the White House press office.

The statement sent out by the White House includes these comments by the president:

“The struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights.  I am deeply concerned by the violence and discrimination targeting LGBT persons around the world — whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation.  That is why I declared before heads of state gathered at the United Nations, “no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere.”  Under my Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere.  Our deep commitment to advancing the human rights of all people is strengthened when we as the United States bring our tools to bear to vigorously advance this goal.”

The memorandum from Obama directs agencies to combat the criminalization of LGBT status or conduct abroad; protect vulnerable LGBT refugees and asylum seekers; leverage foreign assistance to protect human rights and advance nondiscrimination; ensure swift and meaningful U.S. responses to human rights abuses of LGBT persons abroad; engage international organizations in the fight against LGBT discrimination, and report on progress.

I give the president credit for issuing the memorandum at the same time he’s gearing up for what will likely be a tough re-election campaign during which opponents will no doubt use his stance and actions on LGBT issues against him. But I still have to point out that we as LGBT people still face discrimination and inequality right here in the good old U.S.-of-A:

• Our marriages are legally recognized at the federal level and they aren’t recognized in the VAST majority of state and local jurisdictions. We want the Defense of Marriage Act repealed and local and state ordinances and constitutional amendments prohibiting recognition of our relationships need to be overturned.

• There is still no federal protection against workplace discrimination based on sexual orientation and/gender expression and gender identity. Congress needs to pass — the president needs to sign — the Employment Non-Discrimination Act.

• Even though there is now a federal hate crimes law that includes LGBT people, as well as similar laws at many state and local levels, those laws are not well enforced.

Anti-LGBT bullying remains a deadly problem in our schools and our workplaces and on the Internet. We’ve made progress in combating such bullying, but not nearly enough. Dedicate the resources necessary to address the issue effectively.

So let’s applaud our president for the steps he has — and is — taking. There’s no doubt Obama has been more open than any other president about addressing LGBT issues and we have seen great strides forward toward equality during his administration. But there’s a long way to go yet, and we need to make sure that the president — and all our elected officials — know they can’t just rest on their laurels.

—  admin

East coast victories for LGBT candidates

While we’re waiting here in Houston for the results of today’s municipal elections the Victory Fund reports of victories for LGBT candidates on the East coast where polls closed an hour earlier than Texas.

State Del. Adam Ebbin (D-District 30) was elected to Virginia’s state Senate today, making him the Commonwealth’s first openly gay senator.

“I am honored by the trust the voters have showed in me,”  Ebbin said in a statement. “During the campaign, I listened to the voters’ concerns and will work on behalf of the values we all share: improving our public schools, expanding our transit system and cleaning up Virginia’s environment. I will make sure their voices are heard…”

“Alex Morse, a 22-year-old graduate of Brown University, has just been elected mayor of Holyoke, Mass., a city of nearly 40,000 residents near Springfield…”

“Zach Adamson has won his race for city council in Indianapolis, giving the city its first openly LGBT city council member.”

“An incumbent on the Largo, Fla., City Commission who attacked her openly gay opponent over his sexual orientation has lost her reelection bid to him tonight. Michael Smith defeated Mary Gray Black, who has a history of anti-gay and anti-trans activism on the commission.”

—  admin

Investigation clears gay Fort Worth teacher

Kristopher Franks set to return to work Friday after 4-day leave stemming from allegations of improper behavior

FWISD School board member Carlos Vasquez

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Gay Western Hills High School teacher Kristopher Franks, put on paid administrative leave on Monday, Sept. 26, following allegations of improper behavior, has been cleared of all allegations and was set to return to work today (Friday, Sept. 30).

Franks is the teacher who  became the target of ire from the religious right after he sent a student in his German 1 class to the principal’s office for saying in class that as a Christian he believed “homosexuality is wrong.” The school’s assistance principal then suspended the student, setting off a controversy that made headlines around the country.

That student, freshman Dakota Ary, and his mother enlisted the assistance of Liberty Counsel attorney Matt Krause in fighting the suspension on the grounds that Franks and the school had violated Ary’s right to freedom of speech.

District officials quickly reversed their decision, lifting the suspension.

But Steven Poole, deputy executive director for the United Educators Association of Texas, a teachers union, said Tuesday, Sept. 27, that the allegations leading to Franks being put on leave were unrelated to the incident with Ary.

Franks, who had not spoken to the press previously on the advice of his union representative, said Thursday afternoon that he had just met with Fort Worth Independent School District administrators, who told him the nearly weeklong investigation had determined that the allegations against him were unfounded. He did not elaborate on the substance of those allegations.

Franks also said administrators had given him the option of returning to teach at Western Hills High or transferring to another school in the district.

“I haven’t made up my mind yet what I’m going to do,” Franks told Dallas Voice by phone Thursday afternoon. “I’m going to go back to work tomorrow, and I will talk to my boss [the district’s world languages supervisor], and see what she says and decide what’s the best thing to ­do from there.”

FWISD Board of Trustees member Dr. Carlos Vasquez told Dallas Voice in a phone call Wednesday afternoon, Sept. 28, that any time allegations are made against a teacher, those allegations have to be investigated, and it is routine for the teacher in question to be placed on paid administrative leave.

Franks said Thursday that he was pleased with the outcome of the investigation, carried out by an independent investigator, and that interim FWISD Supt. Walter Dansby was “very nice” when they spoke.

“I think they did the right thing,” Franks said. “I can go back to work, which is great. But now I just have to figure out how to fix the damage this whole thing has done to my personal life.”

Franks said since the investigation is closed, he is no longer being represented by a union attorney. He has, instead, retained the services of attorney Stephen Gordon to “represent me on any aspects of this whole thing going forward.”

He also indicated that he and Gordon would be discussing what possible actions he might take against “those people who have lied and made false allegations against me.”

While Franks had previously declined to speak to the media, Daokta Ary, his mother and Krause as their attorney went immediately to the press, telling their side of the story in several TV interviews and saying Franks and the school had violated the student’s right to freedom of speech. The case quickly became a rallying point for the religious right.

Krause this week told Dallas Voice that he and his clients are satisfied with school officials’ decision to rescind the unexcused absences the suspension left on Ary’s record, but “we would still like for them [school officials] to completely vindicate him and say that he did nothing wrong. He should never have been written up for an infraction. He should never have been sent to the office, and he should never have been suspended.”

Ary said in  media interviews that he made the comment quietly to a classmate sitting next to him in response to a discussion going on in the class at the time.

Dakota Ary

But Franks told friends shortly after the incident that there was no discussion involving homosexuality at the time, and that Ary made the comment loudly while looking directly at Franks.

Franks also told friends that the comment was only the latest in an ongoing series of incidents in which Ary and a group of three of his friends have made anti-gay comments to and about him.

Franks told friends that the harassment by Ary and his friends began several weeks ago after Franks, who also teaches sociology, posted on the “World Wall” in his classroom a photo, taken from the German news magazine Stern, of two men kissing. The photo was ripped off the wall and torn in two at some point during Ary’s class, and Franks told friends he believes that Ary or one of his friends tore up the photo.

During a later sociology class students upset that the photo had been torn up replaced it with a hand-drawn picture, and another student then covered that picture with a page bearing a hand-written biblical scripture from Leviticus calling sex between two men an abomination.

Franks told friends that since that incident, Ary and his friends had continued to make derogatory and harassing comments.

Franks’ friends also said that the teacher, a Fulbright scholar, has been the target of anti-gay harassment for at least the last two years, including having hateful messages left in his classroom and, in one case, having his car vandalized.

FWISD teacher Martin Vann, spokesman for the group LGBTQ S.A.V.E.S. that was formed about a year ago to help protect students and teachers in the district from anti-gay discrimination and bullying, said that Franks told his version of the incident last week, before the current investigation was launched and Franks was required to sign a statement saying he would not discuss the incident with other teachers, administrators, parents or students. Vann said Franks denied getting angry and yelling at Ary, as Ary had said, and reiterated that Ary’s comments were not pertinent to any discussion in the class at the time.

Vann said Franks told him that another student had asked him what the German word for “Christian” was, and how, if he moved to Germany, he could find an English translation of the Bible. That’s when, Franks told Vann, Ary looked directly at him and said loudly that as a Christian, he believes homosexuality is wrong.

It was not, Franks told Vann, a simple statement of belief or opinion but rather an intentional effort to insult and harass the teacher that Ary perceived to be gay.

Krause this week again said that Ary did not direct his remark in class that day at Franks, and that Ary had nothing to do with tearing down the photo of the men kissing.

The attorney also said that Ary told him he did not know to whom Franks was referring when he talked about Ary’s “three friends.”

The Franks case comes in the wake of months of scandal over allegations by teachers that administrators routinely allowed some teachers and administrators to harass and bully students and other teachers, and that teachers who complained often faced retaliation.

Vasquez, who is openly gay, said Wednesday that he believed the Franks investigation would be fair, that he would watch the situation closely “to make sure all the proper procedures are followed,” and that he believed Dansby would handle the situation fairly.

“Considering all the problems we’ve had, I know he [Dansby] will be watching this closely,” Vasquez said.

Vasquez said it is the school district’s responsibility to make sure there is “no harassment in our schools, whether it’s from the teacher to the student, or student to student or even student to teacher. I know that happens, sometimes, too.

“There should be no harassment whatsoever in our schools,” Vasquez , himself a former teacher, said.

Fort Worth ISD has been credited with having one of the most comprehensive anti-bullying and anti-harassment policies in the state, having adopted individual policies within the last year to include prohibitions against harassment and bullying, including that based on sexual orientation, gender identity and gender expression, for both teachers and students.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Drawing Dallas

Texas native Zjon Roberts returns to his home state — hot (Van) Damme!

MARK STOKES  | Illustrator
mark@markdrawsfunny.com

Name and age: Zjon Roberts, 19

Spotted at: Buli

Virginia slim: With his sparkling eyes, lithe frame, and smooth gait, it’s hard to miss gorgeous Virgo, Zjon Roberts. Born in Fort Hood, Texas, Zjon spent most of his formative years in Virginia Beach, Va. A few months ago he followed some friends to Dallas and is now settling in and making Big D his new home.

This quiet, unassuming, brown-eyed beauty hails from a large family; his mother named him Zjon after her favorite actor, Jean-Claude Van Damme. His hobbies include music, dining (vegetarian dishes are a favorite), socializing and when the mood strikes, dancing (he can stop a room when he gyrates).

He enjoys an active social life here in his new hometown; and you may occasionally spot him at the Drama Room, and occasionally at the Tin Room. Wherever he goes you can be sure he won’t blend in with the crowd!

This article appeared in the Dallas Voice print edition August 26, 2011.

—  Michael Stephens