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

The good, the bad & the ‘A-List’

These arts, cultural & sports stories defined gay Dallas in 2011

FASHIONS AND FORWARD  |  The Jean Paul Gaultier exhibit at the DMA, above, was a highlight of the arts scene in 2011, while Dirk Nowitzki’s performance in the NBA playoffs gave the Mavs their first-ever — and much deserved — world title. (Arnold Wayne Jones/Dallas Voice)

FASHIONS AND FORWARD | The Jean Paul Gaultier exhibit at the DMA, above, was a highlight of the arts scene in 2011, while Dirk Nowitzki’s performance in the NBA playoffs gave the Mavs their first-ever — and much deserved — world title. (Arnold Wayne Jones/Dallas Voice)

A lot of eyes were focused on Dallas nationally in 2011 — for good and bad — but much of what made the city a fun place last year has specific queer appeal. CULTURE The rise of the reality TV star. 2011 was the year Dallas made a big splash across everyone’s television sets — and it had nothing to do with who shot J.R. (although that’s pending). From the culinary to the conniving, queer Dallasites were big on the small screen. On the positive side were generally good portrayals of gay Texans. Leslie Ezelle almost made it all the way in The Next Design Star, while The Cake Guys’ Chad Fitzgerald is still in contention on TLC’s The Next Great Baker. Lewisville’s Ben Starr was a standout on MasterChef. On the web, Andy Stark, Debbie Forth and Brent Paxton made strides with Internet shows Bear It All, LezBeProud and The Dallas Life,respectively.

‘A’ to Z  |  ‘The A-LIst: Dallas,’ above, had its detractors, but some reality TV stars from Big D, like Chad Fitzgerald, Leslie Ezelle and Ben Starr, represented us well.

‘A’ to Z | ‘The A-LIst: Dallas,’ above, had its detractors, but some reality TV stars from Big D, like Chad Fitzgerald, Leslie Ezelle and Ben Starr, represented us well.

There were downsides, though. Drew Ginsburg served as the token gay on Bravo’s teeth-clenching Most Eligible: Dallas, and the women on Big Rich Texas seemed a bit clichéd. But none were more polarizing than the cast of Logo’s The A-List: Dallas. Whether people loved or hated it, the six 20somethings (five gays, one girl) reflected stereotypes that made people cringe. Gaultier makes Dallas his runway. The Dallas Museum of Art scored a coup, thanks to couture. The Fashion World of Jean Paul Gaultier: From the Sidewalk to the Catwalk not only featured the work of the famed designer, but was presented the designs in an innovative manner. Nothing about it was stuffy. Seeing his iconic designs in person is almost a religious experience — especially when its Madonna’s cone bra. Gaultier reminded us that art is more than paintings on a wall. (A close runner-up: The Caravaggio exhibit in Fort Worth.) The Return of Razzle Dazzle. ­­There was speculation whether Razzle Dazzle could actually renew itself after a near-decade lull, but the five-day spectacular was a hallmark during National Pride Month in June, organized by the Cedar Springs Merchant Association. The event started slowly with the wine walk but ramped up to the main event street party headlined by rapper Cazwell. Folding in the MetroBall with Deborah Cox, the dazzle had returned with high-profile entertainment and more than 10,000 in attendance on the final night. A Gathering pulled it together. TITAS executive director Charles Santos took on the daunting task of producing A Gathering, a collective of area performance arts companies, commemorating 30 years of AIDS. Groups such as the Dallas Opera, Turtle Creek Chorale and Dallas Theater Center donated their time for this one-of-a-kind show with all proceeds benefiting Dallas’ leading AIDS services organizations. And it was worth it. A stirring night of song, dance and art culminated in an approximate 1,000 in attendance and $60,000 raised for local charities. Bravo, indeed. The Bronx closed after 35 years. Cedar Springs isn’t short on its institutions, but when it lost The Bronx, the gayborhood felt a real loss. For more than three decades, the restaurant was home to many Sunday brunches and date nights in the community. We were introduced to Stephan Pyles there, and ultimately, we just always figured on it being there as part of the fabric of the Strip. A sister company to the neighboring Warwick Melrose bought the property with rumors of expansion. But as yet, the restaurant stands steadfast in its place as a reminder of all those memories that happened within its walls and on its plates.  The Omni changed the Dallas skyline. In November, The Omni Dallas hotel opened the doors to its 23-story structure and waited to fill it’s 1,000 rooms to Dallas visitors and staycationers. Connected to the Dallas Convention Center, the ultra-modern hotel is expected to increase the city’s convention business which has the Dallas Visitors and Conventions Bureau salivating — as they should. The hotel brought modern flair to a booming Downtown and inside was no different. With quality eateries and a healthy collection of art, including some by gay artists Cathey Miller and Ted Kincaid, the Omni quickly became a go-to spot for those even from Dallas. SPORTS The Super Bowl came to town. Although seeing the Cowboys make Super Bowl XLV would have been nice for locals, the event itself caused a major stir, both good and bad. Ticketing issues caused a commotion with some disgruntled buyers and Jerry Jones got a bad rap for some disorganization surrounding the game. But the world’s eyes were on North Texas as not only the game was of a galactic measure, but the celebs were too. From Kardashians to Ke$ha to Kevin Costner, parties and concerts flooded the city and the streets. The gays even got in on the action. Despite crummy weather, the Super Street Party was billed as the “world’s first ever gay Super Bowl party.” The ice and snow had cleared out and the gays came out, (and went back in to the warmer clubs) to get their football on. The XLV Party at the Cotton Bowl included a misguided gay night with acts such as Village People, Lady Bunny and Cazwell that was ultimately canceled. The Mavericks won big. The Mavs are like the boyfriend you can’t let go of because you see how much potential there is despite his shortcomings. After making the playoffs with some just-misses, the team pulled through to win against championship rivals, Miami Heat, who beat them in 2006. In June, the team cooled the Heat in six games, taking home its first NBA Championship, with Dirk Nowitzki appropriately being named MVP. The Rangers gave us faith. Pro sports ruled big in these parts. The Mavericks got us in the mood for championships and the Texas Rangers almost pulled off a victory in the World Series. With a strong and consistent showing for the season, the Rangers went on to defend their AL West Division pennant. Hopes were high as they handily defeated the Detroit Tigers in game six, but lost the in the seventh game. Although it was a crushing loss, the Texas Rangers proved why we need to stand by our men.

— Rich Lopez

This article appeared in the Dallas Voice print edition January 6, 2012.

—  Michael Stephens

2011 Turn Up the Holiday DIFFA Wreath Collection tonight

Wreaths on the runway
DIFFA knows how to turn the volume up on the mundane. We know what they can do for denim jackets. Now holiday wreaths go designer at Turn Up the Cheer!, the 2011 Wreath Collection party. Trust, these aren’t your grandma’s wreaths. In addition to bidding, the night is spread across three parties in three different venues with a different theme. How’s that for fabulous?

DEETS: Design Within Reach, 4524 McKinney Ave.; Mitchell Gold + Bob Williams, 4519 McKinney Ave.; Nest, 4524 McKinney Ave. 7 p.m. $60. DIFFADallas.org/events.

 

—  Rich Lopez

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.

 

……………………

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.

……………………

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

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

GLBT Broadway pre-show chat at ‘Hair’ tonight

‘Hair’ raising experience

How gay is the musical Hair? Find out at this special performance as the Lexus Broadway series presents GLBT Broadway in Hamon Hall. The pre-show event features Dallas Voice LifeStyle Editor Arnold Wayne Jones discussing issues of gender identity and sexuality within the counterculture musical.

DEETS: Winspear Opera House, 2403 Flora St. 7 p.m.  $30–$150. ATTPAC.org.

—  Rich Lopez

Son of a beach

A family vacation proves unexpectedly gay as Myrtle Beach, S.C., gets Pride

RAINBOW TOUR | Nearly 200 beachcombers — including the author (dark green, just right of center) — stepped away from the surf and gathered in a field to form a human rainbow flag.

ARNOLD WAYNE JONES  | Life+Style Editor
jones@dallasvoice.com

The trip to Myrtle Beach, S.C., had more to do with a family reunion than finding a good destination for gay travelers. After all, Myrtle Beach is a pretty lazy, conservative town in the perennial Red State, one where teenaged spring breakers and families gather to enjoy the warm surf and the resort-town appeal of seafood and beachcombing and overpriced cocktails. Queer travelers can hit one of the three gay bars, all within blocks of each other — Club Traxx, Time Out! and the Rainbow House (a lesbian club).

But the weekend I arrived , just by coincidence, it turned out to be Gay Pride.

Keep in mind, the gay community in Myrtle Beach is small, so “Gay Days,” plural, felt more like Gay Day, singular: One major event and then life as usual in Coastal Carolina.

The major event, though, was an ambitious one: Gathering members of the LGBT community and their allies to form a “human rainbow flag:” People signed up to wear a pastel-colored T-shirt and arrange themselves in the traditional configuration. A few others wore black, forming the flagpole.

The entire event was threatened by showers late Friday and early Saturday, but despite a slightly muddy field, nearly 200 people turned out, huddled closely on a muggy afternoon, while a photographer flew above in a helicopter.

Numbers weren’t uniform; there were too many reds and too few purples; but the effect was one of a flag waving in the breeze.

In order to do the shoot, members faced each other before bending forward to allow the broad field of their shirts to form the colors. Directly across from me stood Elke Kennedy, a resident of Greenville in the Upstate. Elke and her husband established SeansLastWish.org, raising awareness of anti-gay violence, after their gay son was beaten to death and his killer spent less than a year in jail.

Elke spoke at a rally following the photoshoot, and dozens in attendance listened to her recount her  son’s harrowing attack and death before two drag queens performed and a DJ spun dance hits. People started to file out after a while, off to the beach, or the clubs, or even the boardwalk, where the Texas Star-like Skywheel gives great views of the beach … and sits next door to the campily named souvenir shop the Gay Dolphin.

The latter was always may favorite place when I was growing up; you’d think my parents would have caught on sooner.

Click here for additional photos.

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

—  Michael Stephens

Snap shots: ‘Bill Cunningham New York’ turns the camera on fashion’s most influential paparazzo

LENS ME A SHOE | The Times photographer documents foot fashion in ‘Bill Cunningham New York.’

ARNOLD WAYNE JONES  | Life+Style Editor
jones@dallasvoice.com

Maybe Project Runway’s to blame, maybe The Devil Wears Prada, but for the past few years there has been a surplus of documentaries about the fashion industry, with profiles of designers like Valentino (Valentino: The Last Emperor), Yves Saint-Laurent (several in fact), even young designers (Seamless) and Vogue magazine’s editor (The September Issue). (By contrast, I can only recall one fashion doc from the 1990s: Unzipped, about a young designer named Isaac Mizrahi.) Is there really that much to say about dressmaking?

Maybe not, but while Bill Cunningham New York fits broadly within the category of fashion documentaries, its subject is unusual because he eschews the trappings of haute couture even as he’s inextricably a part of it — a huge part, really.

If you don’t read the New York Times, you might not recognize Cunningham’s name, and even if you do read it, it may not have registered with you. For about, well, maybe 1,000 years, Cunningham has chronicled New York society with his candid photos of the glitterati on the Evening Hours page. At the same time, however, he has documented real fashion — how New Yorkers dress in their daily lives — with his page On the Street, where he teases out trends (from hats to men in skirts to hip-hoppers allowing their jeans to dangle around their knees). Anna Wintour may tell us what we should wear; Cunningham shows us what we do.

“We all get dressed for Bill,” Wintour observes.

What makes Cunningham such an interesting character is how impervious he seems to the responsibility he effortlessly wields. He loves fashion, yes, but he’s not a slave to it himself. He scurries around Manhattan (even in his 80s) on his bicycle (he’s had dozens; they are frequently stolen), sometimes in a nondescript tux but mostly in jeans, a ratty blue smock and duck shoes, looking more like a homeless shoeshiner than the arbiter of great fashion. He flits through the city like a pixie with his 35mm camera (film-loaded, not digital), a vacant, toothy smile peaking out behind the lens, snapping the denizens of Babylon whether they want it or not.

One of the funniest moments is when strangers shoo him away as some lunatic paparazzo, unaware how all the well-heeled doyens on the Upper East would trade a nut to have Cunningham photograph them for inclusion in the Times. Patrick McDonald, the weirdly superficial modern dandy (he competed as a wannabe designer on the flop reality series Launch My Line a few seasons back), seems to exist with the hope that Cunningham will shoot him. And shoot him he does.

Many artists are idiosyncratic, even eccentric, but Cunningham is supremely odd by any standards. He lives in a tiny studio near Carnegie Hall filled with filing cabinets cluttered with decades of film negatives on the same floor as a crazy old woman, a kind of urban variation on Grey Gardens. He knows tons of people but most of them seem to know very little about him. By the time near the end when the filmmaker, director Richard Press, finally comes out and ask him outright whether he’s gay, Cunningham arches in that prickly New England way, never really answering outright, though he says he’s never — never — had a romantic relationship. Things like that were simply not discussed by men of his generation.

In some ways, we never really know any more about Cunningham at the end than any of his friends do, and perhaps even him. Cunningham comes across as defiantly non-self-reflective. He lets his work do all the talking for him. And that work has a lot to say on its own.

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

—  John Wright

It’s Tony’s script, we just get aggressively miscast within it

Tony and his Crocs would like to share some thoughts with you. And while you’re reading them, me and my eight extramarital sex partners are going to go WD-40 the door so that we can reach “all manner of moral and social evil” even sooner:

In the same way, some self-professed conservative leaders are now turning away from the defense of marriage. Some appear at homosexual fundraisers or serve on the boards of small but vocal homosexual Republican organizations that are using the courts to thwart the voice of the people and redefine marriage. This is not conservatism.

Tony-in-crocsSome have bought into the lie that we should just accept same-sex marriage because it is inevitable. As electoral wins in more than 30 states have demonstrated, when the people are allowed to vote, they reject same-sex “marriage.”

Other conservatives suggest that because this supposedly private conduct doesn’t affect them, it should be permitted.

This is not true conservatism. Conservatives, especially Christian conservatives, realize we must love people enough to be willing to speak the truth – and the truth is that we cannot redefine marriage without opening the door to all manner of moral and social evil.

Let me be clear: I do not oppose homosexual marriage because I think it would threaten my marriage. I oppose it because it threatens the institution of marriage and, as a result, our nation itself.

Marriage is the union of one man and one woman, for life. Men and women complement each other biologically, psychologically, and emotionally in ways same-sex partners never can.

Homosexuals cannot bear one another’s children. They are not complementary, as are men and women. And they are, as a rule, highly promiscuous. Data show that the great majority of married homosexuals have multiple sexual partners. One recent study of homosexual couples found that each member of such couples averages eight additional sexual partners per year. Do I really need to say that this is not a good environment for children? Other studies suggest that children raised in homosexual homes are much more likely to be exposed to violence than those raised by a mom and a dad.

Children need a mom and a dad, not two dads or two moms.”

TONY PERKINS: Address to the Faith and Freedom Conference [FRC]

Oh Tony. You know what really doesn’t “complement” a gay person’s life? The constant accusations, misrepresentations, and all-out onslaughts that you and your ilk wage against LGBT families!

But you won’t stop, will you Tony? Because you were born in a time when you can not only get away with such hurtful portraits, but you can actually profit from them. That’s so unfortunate. For all of us.




Good As You

—  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.

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