Samuel Jackson was pulled over because he failed to signal prior to turning.

Apparently, as an officer approached, marijuana smoke was detected emanating from the interior of Jackson's vehicle. And, when the cop looked inside, she saw a joint in Jackson's hand.

Jackson appealed his conviction of criminal possession of marijuana in the fifth degree, claiming he hadn't been in a "public place" and that the marijuana wasn't "open to public view."

The Appellate Term, Second Department, rejected his overly technical interpretation of the law and allowed the conviction to stand.

Basically, the guy was smoked out.

To view a copy of the Appellate Term's decision, please use this link: People v. Jackson (Samuel)

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

2011 Thurgood Marshall Award
Call for Nominations!

The deadline to submit nomination materials is:

FRIDAY, OCTOBER 1, 2010

Click here to download the 2011 Nomination Form
Click here for more information about the award

** All nominations materials must be submitted electronically to irr@abanet.org **

If you would like additional information, please call the Section office at 202/662-1030.

American Bar Association | 321 N Clark | Chicago, IL 60654 | 1-800-285-2221

Posted by Lucas A. Ferrara, Esq. at 6:00 PM | Permalink | TrackBacks (0) | Comments (0)

Council Votes to Approve 15 Penn Plaza Development

Council Also Votes on Legislation Improving Access to Information on Building Owners and
Bill Requiring the City Clerk to Provide Information on Same-Sex Marriages

Last week, the New York City Council voted to approve a proposal for 15 Penn Plaza on the Westside of Manhattan. The project will create 7,000 new jobs and will include $150 million in transportation infrastructure improvements to the area.

The Council also voted on legislation cracking down on landlords who evade their legal responsibilities to their tenants by hiding behind a corporate entity. The Council will require additional, publicly available information regarding the ownership of residential buildings. In addition to improving the City's ability to enforce the housing maintenance code which will lead to safer, more habitable housing, this legislation will also make it easier for tenants to contact their landlords in the event they have questions or concerns about their building.

The Council also requires that the City' Clerk's office provide information to same-sex couples seeking domestic partnerships. The information will direct couples to jurisdictions where they can obtain marriages that would be recognized by New York State so that they can make an informed decision about options available to them.

15 Penn Plaza

Creating thousands of jobs and improving transportation infrastructure in one of New York City's major transit hubs, the Council will vote on a zoning plan for 15 Penn Plaza, a proposed high-rise development in Manhattan's Midtown West. At the current site of Hotel Pennsylvania on Seventh Avenue between 32nd and 33rd Street, the development would be 67 floors and reach 1,190 feet in height. Additionally, it would contain 2.04 million square feet of office space, 11,126 square feet of retail use, and up to 100 underground parking spaces.

Directly adjacent to North America's busiest transportation hub, this development will also include $150 million in transportation infrastructure improvements financed by Vornado Realty Trust, the owner and developer of the site. Specifically, the plan includes a complete reconstruction of the old Gimbels passageway which runs beneath 33rd Street connecting Penn Station to Herald Square. The new passageway would create an underground network of corridors connecting 6th to 8th Avenue, akin to Grand Central and Rockefeller Center.

This development is projected to generate a $3.3 billion annual increase in economic output and create 7,000 new jobs.

"Let there be no confusion - This speaker and this Council stand for creating jobs, jobs, jobs. That was the central point to my state of the city address and it's what fuels so much of our work here at the Council. I'm thrilled to see the potential of thousands of new jobs being created by this project," said Speaker Quinn. "We want the new Rockefeller Centers and the new Chrysler Buildings to keep this town thriving. This proposal is not removing the beauty of the Empire State Building from our skyline, or even diminishing it. The Empire State Building will forever be a mark on the unmistakable New York City skyline and will forever be one of many images of our great city.."

"In a dynamic, evolving city such as New York, we have to be unafraid to embrace the need to expand, excite, and enable commerce to grow," said Land Use Committee Chair Leroy Comrie. "This project will achieve a new desire and viability to attract new businesses to New York City. Additionally, I appreciate Vornado's expressed promise to engage in a process that will include MWB/E and ensure all New Yorkers have the ability to participate in such a large development. This project also ensures that significant improvements are made to the mass transit operations of this entire area. There will be a number of new subway entrances and underground passageways that would lead from sixth to ninth avenues, allowing New Yorkers to have easier access to transportation. I want to thank all New Yorkers who testified, called our offices, and expressed their viewpoint on this major project."

"15 Penn Plaza will be a modern, state-of-the art office building that creates thousands of jobs, generates billions in economic activity, and advances New York City's economic growth," said Council Member Mark S. Weprin, Chair of the Subcommittee on Zoning and Franchises.  "The hundred million dollars in mass transit improvements will improve a vital transportation hub that connects the transit lines in the midtown area."

Providing Information on Building Owners

Currently, contact information for a managing agent and corporate officers is made available. However, the managing agent or corporate officers may not actually have any ownership interest in the building. Changing the information that is required to actual building owners will increase transparency and will be a powerful tool in addressing bad or dangerous situations in a building.  This legislation will require that the name and address of any individual who owns more than twenty-five percent of any residential building be included in the annual multiple dwelling registration form that owners must file each year.

By requiring building owners to provide clearer ownership information on the publicly available multiple dwelling registration form, the legislation before the Council today will improve the city's Housing Maintenance Code enforcement abilities and a tenant's ability to raise concerns with his/her landlord.

"Today, the New York City Council is sending a message that landlords should not be allowed to hide behind shell companies as tenants scramble to resolve housing issues," said Council Member Melissa Mark-Viverito.  "Thanks to this legislation, tenants will have access to the names and contact information of the principal partners of these corporate entities that are increasingly the owners of our city's residential buildings.  Additionally, these corporations will no longer be able to provide the City with the address of a mail handling facility instead of a real brick and mortar address where the true owners of the building can be reached.  I would like to thank Speaker Quinn and Housing & Buildings Committee Chair Dilan, as well as the advocates, particularly Make the Road New York, for their work on this legislation."

Informing About Where Same-Sex Marriages Are Available

The Council will vote on legislation that will require the City Clerk to provide information to the public, particularly those who are seeking a domestic partnership, listing all jurisdictions that perform same sex marriages that would be recognized as valid marriages by the state of New York. The information will be provided on the City Clerk's website, and will be posted and available in hard copy at all of the marriage bureau locations.

The legislation will make information available to same-sex couples considering domestic partnership registration so that they can make more fully informed decisions regarding domestic partnership registration and marriage.

"Domestic partnership registration and benefits are an important part of the benefits the City of New York gives out," said Speaker Quinn. "I'm proud we have this option because we fought for it. I'm also proud we have it because for some people, LGBT or heterosexual, domestic partnership is the way they want to confirm and affirm their relationship. This is an option people utilize and that is good for people to have. The obvious deficiency is that LGBT New Yorkers who want to be married don't currently have that choice in the state of New York. By informing LGBT couples of where they can go to obtain a marriage that will then be recognized within their home state, we are arming them with information so that together with their partners, they can make the best decision for their relationship."

"By requiring the City Clerk to post the jurisdictions performing same-sex marriages that are recognized as valid marriages in New York, we are empowering same-sex couples to make better informed decisions while considering domestic partnership registration and marriage. These decisions determine the rights and benefits available to couples and their families, and the City is serving New Yorkers by advising them on the choices available under the law," said Governmental Operations Committee Chair Gale Brewer.

Posted by Lucas A. Ferrara, Esq. at 4:00 PM | Permalink | TrackBacks (0) | Comments (2)

Dear Lucas:

My name is Sam Hoyt and I represent the City of Buffalo in the New York State Assembly. I am proud to have been identified by the Empire State Pride Agenda and Stonewall Democrats as one of Albany's leaders in working for LGBT equality and justice.

I know many strong supporters like you are rightly focused on the races in the State Senate where we came so close to winning the right of same sex couples to marry. It is a battle I fought in the Assembly long before there was majority support. But there are other ongoing issues we need to address.

I am in a tough primary race, facing a well-known opponent who is against marriage equality.  As you know many elected officials in Western New York have taken the same stand.

IF THE FOES OF LGBT EQUALITY ARE ABLE TO DEFEAT ONE OF THE STAUNCHEST ADVOCATES OF GAY RIGHTS AND GAY MARRIAGE, IT WILL SEND A POWERFUL MESSAGE TO OTHER UPSTATE LEGISLATORS THAT THEY MAY SUFFER THE SAME FATE IF THEY SUPPORT LGBT ISSUES.

My opponent will have the backing of well-financed "independent" committees who can spend unlimited amounts. In my last election, these groups launched a vicious and nasty all-out effort to defeat me in the final weeks of the campaign. I have to be ready to answer their attacks, but out of principle, I have asked any independent groups on our side not to spend on my behalf.

This means I have to raise funds from individuals like you. I need your help, and I need it now. The primary is September 14.

I am asking you to write me a check for $1,500 or more - up to the maximum individual amount of $7,500 - and send it off to me TODAY or make your contribution on-line at samhoyt.com.

A lot more needs to be done in Albany this fall and over the next two years. We have to pass GENDA to protect the rights of transgender New Yorkers and we are still are not where we need to be in ending LGBT discrimination.

If you want to discuss the issues with me personally, just respond to this email with your direct phone line and suggest a time I can call.

We are getting closer to our goals and we have had some success, but we must not stop now. You know better than most that having an 18-year senior member from Upstate supporting our cause makes a real difference. Please consider my request and take action today.

Sincerely,

Sam

sam@samhoyt2010.com

To make a contribution, send checks to Citizens for Sam Hoyt, P.O. Box 855, Buffalo, NY 14205 or contribute online at Act Blue.

Contributions to Citizens for Sam Hoyt are not deductible for federal income tax purposes. Maximum individual amount is $7,500. Campaign Headquarters: 716-812-2049

Posted by Lucas A. Ferrara, Esq. at 1:30 PM | Permalink | TrackBacks (0) | Comments (0)

BP MARKOWITZ JOINS NEW YORKERS WITH DISABILITIES WHO FILED LAWSUIT CHALLENGING MTA TRANSIT CUTS 

On Tuesday, August 17, Brooklyn Borough President Marty Markowitz joined Council Member Letitia James, Assemblywoman Joan Millman, other elected officials--as well as the plaintiffs and attorneys who filed a lawsuit challenging the MTA's cuts to bus lines and Access-A-Ride--at a press conference and rally outside Brooklyn Borough Hall. 

"Some of these routes may not be the most heavily used, but they are absolute lifelines for riders with disabilities or who are elderly," said BP Markowitz. "There is simply no reasonable way for people with mobility and accessibility issues who cannot take the subway--especially considering many stations are not ADA-compliant--to get around with cuts to these vital bus routes and Access-A-Ride." 

In photo: RueZalia Watkins, plaintiff (with microphone), speaks at Borough Hall press conference surrounded by (left to right): Edith Prentiss, disabilities advocate; Anthony Trocchia, plaintiff; Christopher Greif, disabilities and transportation advocate; Assemblywoman Joan Millman; Marvin Wasserman, executive director, Brooklyn Center for the Independence of the Disabled; BP Markowitz; Council Member Letitia James

Posted by Lucas A. Ferrara, Esq. at 11:30 AM | Permalink | TrackBacks (0) | Comments (0)

STATEMENT OF MAYOR MICHAEL R. BLOOMBERG ON REMARKS BY PRESIDENT OBAMA AT WHITE HOUSE IFTAR DINNER (8/13/10)

Posted by Lucas A. Ferrara, Esq. at 1:30 PM | Permalink | TrackBacks (0) | Comments (0)

On Wednesday, in a long-awaited and historic decision, Judge Vaughn Walker struck down Proposition 8, ruling that the Constitution protected the fundamental right of marriage for all couples in California.

When Judge Walker's ruling was announced, Barbara Boxer declared:

"This historic decision is a step forward in the march toward equal rights and reflects a growing legal consensus that marriage equality is protected by the U.S. Constitution."

But we know that there is so much more work to do to ensure equality.

Let Barbara know where you stand in this important fight.

Sign our online petition -- and show Barbara and everyone fighting for marriage equality that you're standing with them!

Positive reactions to Wednesday's ruling have come from across the political spectrum.

Senator Feinstein called the decision "an enormous victory." Attorney General Jerry Brown called it "great news for California!" Governor Schwarzenegger supported Judge Walker's ruling too.

But not Barbara's opponent, Carly Fiorina. She opposes marriage equality and said she disagreed with the judge's ruling.

It's time to show Fiorina and our opponents where you stand.

Sign our online petition -- and show Barbara and everyone fighting for marriage equality that you're standing with them!

Thank you for standing up, speaking out, and showing your support for marriage equality.

Sincerely,

Rose Kapolczynski
Campaign Manager
Boxer for Senate

Posted by Lucas A. Ferrara, Esq. at 10:30 AM | Permalink | TrackBacks (0) | Comments (0)

Dear Lucas,

Tuesday, August 3, 2010, was the 27th Annual Night Out Against Crime, an event whose mission is to promote neighborhood spirit and community partnerships with the police.  This year, it fell on an evening when New Yorkers' attention was drawn to a string of hate crimes that have taken place in Staten Island, but affected us all.

There have been 11 bias attacks in Port Richmond since April.  The most recent came this week, when an 18-year-old Mexican man, who is part of a local anti-violence organization, was beaten and abused with racial epithets.

Like so many other New Yorkers, I have been following these attacks, and I've been both saddened and angered that this would happen in our city.  

Across all five boroughs and every sort of neighborhood New York has to offer, these crimes leave none of us untouched.  When one of our neighbors is targeted for a physical assault or any indignity on the basis of their race, ethnicity, creed or sexual orientation, we are all victimized.

When the safety of our community and the pride in our diversity are challenged by those who would use violence and intimidation, it is a challenge to us all.  And we will not back down from it.

The decency of New Yorkers runs much deeper than the hate of the few who persist in these attacks.  We will summon every ounce of energy and courage from the community, and use every tool at our disposal, to stand up to vicious acts of hatred in New York City.

That's what the Night Out is about: the power in each of us to take ownership of our streets, and build bridges within our community and with the police who serve us well.

It's about sending a message that we will not give in to crime or fear.

Last night, I spent part of the evening in my district, and part of it in Port Richmond, to support Council Member Debi Rose and Speaker Christine Quinn, community and religious leaders and local advocates as they laid out an aggressive plan of action that includes an anti-bias school curriculum, a public education campaign and improved security. 

New York remains the safest big city in America, and we have our police and neighbors to thank for that.  In our area, violent and serious crimes are still going downward.  This is a testament to the excellent work of our police precincts and to the vibrant community participation here.  And I thank you for it.

To start becoming more active in your neighborhood, I would encouage you to attend the monthly Community Council meetings in your local police precinct.  Information on the precincts and their meetings can be found below.

19th Precinct - Upper East Side
17th Precinct - Turtle Bay / East Midtown
13th Precinct - Stuyvesant Town / Peter Cooper Village
Midtown North - West 50s 

Sincerely,



Daniel R. Garodnick

211 East 43rd Street, Suite 1205
New York, NY  10017
(212) 818-0580
www.garodnick.com
www.twitter.com/dangarodnick

Posted by Lucas A. Ferrara, Esq. at 10:30 AM | Permalink | TrackBacks (0) | Comments (0)

MAYOR BLOOMBERG DISCUSSES THE LANDMARKS PRESERVATION COMMISSION VOTE on 45-47 Park Place

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

Governor Paterson Signs 83 Bills into Law

Late last week, Governor David A. Paterson signed 83 bills into law including legislation that will increase consumer protection by requiring the disclosure of rebates on purchases to consumers, and prohibit the manufacture and sale of products containing bisphenol A. The bills signed today also include a new law that will allow victims of bias-related violence to take legal action against a perpetrator, and protect the lawful possession of hypodermic syringes, among several others.  The bills Governor Paterson signed include S.3296-H/A.6919-D, which will prohibit the sale or offer of sale child care products containing bisphenol A (BPA). BPA, a chemical component of rigid plastic, is used in many consumer products, including those intended for use by young children and babies. BPA is a known endocrine disruptor and while it has not been conclusively proven to harm children or adults, a growing body of science indicates that infants and young children may be vulnerable to serious developmental problems as a result of exposure to BPA. "Protecting New York's children is one of the most important roles that a Governor can play," Governor Paterson said. "This law will ensure that a potentially harmful substance is no longer allowed in products used by our smallest and most vulnerable citizens." In addition, the Governor signed A.11007-A/S.7609-A, which will require any entity offering a rebate to disclose to the consumer what form the rebate will be issued in, if it is not being offered in cash or check, and if any additional fees related to the rebate may apply. "The daunting task of rebuilding our economy and reinforcing consumer confidence must be undertaken in conjunction with improving consumer protection measures and protecting New York's children and most vulnerable," Governor Paterson said. "These bills achieve that goal and will increase confidence in New York's consumers and provide valuable information to keep individuals spending their hard-earned money right here in New York." Governor Paterson also signed into law A.529/S.5923, which will allow a victim of bias-related violence or intimidation to be able to initiate civil action against a perpetrator. Currently, no specific civil remedy exists for victims of bias-related acts. "All New Yorkers, no matter their race, ethnicity, age, disability, gender, sexual orientation, gender identity or religious beliefs, should be able to live in safety and feel protected by the law," said Governor Paterson. "I am proud to sign this legislation that will increase the protection of more New Yorkers by allowing legal action to be taken upon an incident of bias-related violence." In addition to the dozens of bills signed into law, Governor Paterson vetoed 23 bills, including S.3718-A/A.7282-A, which was in direct opposition to the Governor's efforts at reining in the cost of the New York State pension system.   Governor Paterson signed the following bills into law:  A.629/S.2752: Requires full service for the sale of motor fuels to those disabled persons with temporary motor vehicle parking placards. A.915-A/S.5501: Relates to the administration of property tax assessments for certain orchards and vineyards. A.2642-C/S.7319-A: Relates to subscription expiration notice requirements for magazines. A3083E/S557C - Provides for greater protections to consumers in rental purchase agreements. A.5320-A/S.629-A: Includes lymphatic disease in the definition of children with physical disabilities, and requires the department to post certain links on its website. A.5537-A/S.4593-A: Relates to loitering. A.5579-A/S.2400-A: Expands the "Lake Ontario wine trail." A.6686-A/S.5414-A: Increases the maximum percentage for agricultural protection State assistance payments when project costs are contributed by the owner of the agricultural land. A.7753-A/S.5339-A: Authorizes the town of Ramapo to file an application for exemption from real property taxes for a certain parcel of land located in the town of Ramapo, county of Rockland. A.7774-A/S.7108: Authorizes the town of Ramapo to file an application for exemption from real property taxes for a certain parcel of land located in the town of Ramapo, county of Rockland. A.7776-A/S.7107: Authorizes the town of Ramapo to file an application for exemption from real property taxes for a certain parcel of land located in the town of Ramapo, county of Rockland. A.8117-B/S.5007-A: Relates to the definition of the practice of midwifery. A.8173-A/S.5454-A: Directs the president of the SUNY Upstate Medical University to conduct a study concerning the need for branch campuses in the Fort Drum/Watertown and Mohawk Valley regions. A.8181/S.3023: Relates to the powers and duties of the racing and wagering board to impose certain fines. A.8182/S.3021: Relates to the imposition of fines. Governor's Program Bill No. 23, A.8396-A/S.5620-A: Clarifies and enhances New York's law regarding the possession of syringes or needles by participants in public health programs designed to reduce transmission of blood-borne diseases. A.8556-A/S5710-A: Relates to the definition of tax return preparer. A.8741-C/S.7603: Expands liability protections for Good Samaritans who operate automated external defibrillators (AEDs) in an attempt to save someone from death due to cardiac arrest. A.9010/S.5863-B: Relates to the Freeport community development agency. A.9223-C/S.6356-B: Prohibits the import, manufacture, distribution, sale and resale of unsafe cribs. A.9547-A/S.6657-A: Relates to the insurance of certain preservation loans of the State of New York mortgage agency mortgage insurance fund. A.9748/S.7046: Authorizes the town of Ramapo to accept an application for real property tax exemption from the Pilgrim Wesleyan Church in the village of Spring Valley, town of Ramapo. A.9750/S.6432: Extends the effectiveness of chapter 846 of the laws of 1970 relating to payments in lieu of taxes for property acquired for park or recreational purposes. A.9826/S.6765: Authorizes the Montgomery County correctional facility to also be used for the detention of persons under arrest being held for arraignment in any court located in Montgomery County. A.9898/S.7409: Makes provisions permanent relating to the establishment of an alternative dispute resolution system to resolve certain claims through collective bargaining agreements. A.9939-A/S.6277-A: Designates a portion of the State highway system as the "National Veterans Highway." A.9959/S.6809: Relates to the provision of physical therapy assistant services in elementary and secondary schools. A9999-A/S6832-A: Makes permanent section 3017 of the Public Health Law, relating to emergency medical service in Suffolk County. A.10000-A/S.7300-A: Requires automobile dealers to pay a specified amount on the prior credit or lease balance owing on the vehicle purchased or obtained in trade within 21 calendar days. A.10049/S.7840: Relating to payment in lieu of taxes for property acquired for park or recreational purposes by town of Hempstead. A.10061/S.8317: Relates to inmate labor for non-profit organizations. A.10126/S.7808: Extends the provisions of chapter 831 of the laws of 1981, amending the labor law relating to fees and expenses in unemployment insurance proceedings. A.10137/S.7121: Extends the provisions of chapter 534 of the laws of 1993 relating to physical therapy assistants for an additional four years. A.10222-A/S.6781-A: Relates to certain payments to the horsemen's organization. A.10233/S.6658: Authorizes the detaining in the Chautauqua County correctional facility of persons awaiting arraignment in any local court in the county of Chautauqua. A.10410/S.7289: Authorizes the facsimile transmission or transmission by electronic means of orders of protection and temporary orders of protection. A.10448/S.7649: Extends from December 31, 2010 to December 31, 2012, the deadline for requests for release of records under Jonathan's law for incidents before May 5, 2007. A.10620/S.7115-A: Designates a bridge on interstate route 86 over Falconer - Kimball Road in the town of Ellicott as the "Roger Tory Peterson Memorial Bridge." A.10766-A/S.7558-A: Relates to disclosures required for certain solicitations by container. A.10770/S.7611: Relates to the rate of regular interest used in the actuarial valuation of liabilities for the purpose of calculating contributions to certain retirement systems. A.10786/S.7580: Relates to the imposition of sales and compensating use taxes in the county of Erie. A.10835-A/S.7366-A: Relates to allowing certain special assessing units other than cities to adjust their current base proportions. A.10992/S.8370: Extends certain provisions regarding the payment of fees and other charges by credit card. A.11023/S.7872: Relates to the residency requirement for the Boght Community fire district in Albany County. A.11034-A/S.7255-A: Defines the scope of responsibilities of the Office of Alcoholism and Substance Abuse services regarding recovery services. A.11136/S.7914: Relates to the residency requirement for the Armor Fire Company in Erie County. A.11237/S.8126: Relates to the base proportions of approved assessing units in the county of Nassau. A.11301/S.8128: Relates to repair of damaged pesticide containers. A.11505-A/S.8309-A: Allows a permanent resident of the United States to serve as public health director of Tompkins County while pursuing citizenship. A.11516/S.8179: Creates an exemption to the residency requirement for firefighters of the Huguenot Fire Co., Inc. S.1700-B/A.1952-B: Increases from $1,000 to $2,000 the property damage threshold after which a motor vehicle accident report must be filed with the Commissioner of Motor Vehicles. S.2490-E/A.3024-F: Provides notice to municipal housing authorities whenever a sex offender is released to public housing. S.2622/A.5956: Provides that traps shall bear the name and residence address or the assigned identification number of the trapper. S.4031-A/A.7193-A: Authorizes the county of Nassau to transfer ownership of certain parklands to the town of North Hempstead. S.5114-A/A.8516-A: Extends provisions of law relating to creating a presumption of certain lung disabilities incurred by volunteer firefighters. S.5597-B/A.8407-B: Relates to the applicability of local laws of certain cities to buildings owned, leased or operated by the State or its agencies. S.5743-B/A.8961-B: Designates a portion of the State highway system to be known as the "Sampson Veterans Memorial highway." S.5748-A/A.8664-A: Modifies the methods used for calculating final average salary for certain members of the New York City teachers' retirement system. S.5798-A/A.8733-A: Authorizes Nassau County to convey to Manhasset-Lakeville Water district, an easement through land in Leeds Pond Preserve to install underground water main. S.5873/A.8935: Authorizes the town of Malta, county of Saratoga to discontinue the use of certain lands as parklands and to sell and convey such lands, which are no longer needed. S.5906/A.7777-A: Authorizes the town of Ramapo to file an application for exemption from real property taxes for a certain parcel of land located in the town of Ramapo, county of Rockland. S.6459-A/A.9734-A: Designates a certain portion of the State highway system to be the "Cpl. Paulo Marko Pacificador Memorial Bridge." S.6763/A.9828: Extends the effectiveness of chapter 405 of the laws of 2005 for two years. S.6816-B/A.9923-A: Relates to beer and/or malt beverage tasting permits. S6958-A/A.11056: Amending the education law and educational requirements for physicians' assistants. S.7086-C/A.10198-C: Authorizes the town of Lewisboro to discontinue use of certain park land. S.7198-B/A.10693-A: Designates a portion of the State highway system as the "Harriet Tubman Memorial Highway." S.7225/A.11248: Increases the bonding authority of the NYC housing development corporation. S.7257/A.10504: Includes payments from the State's farmland protection program as federal gross income. S7314/A10569: Relates to the definition of cash for ABC purposes. S.7452-A/A.11383: Relates to the re-employment of retired persons by the board of higher education of the city of New York. S.7700-C/A.10967-C: Designates a portion of the State highway system in the county of Broome, as the "Officer Aldo Rossi Junior Memorial Highway." S.7738-A/A.10978: Authorizes the city of Schenectady to enter into a contract to sell some or all of the delinquent tax liens held by such city to a private party. S.7801-A/A.11065-A: Increases the cap on the total raffle prize amount permissible for a license period. S.7845/A.11116: Relates to insurance losses as a result of the insured being intoxicated or under the influence of narcotics. S.7947-A/A.11124-A: Designates the "Trooper David J. Lane Memorial Highway" in Greene County. S.8095/A.11381: Relates to the Rome urban renewal agency; and to transfer any books, records and remaining rights of the dissolved agency to the city of Rome. S.8173/A.11279: Relates to a real estate tax abatement program for certain commercial, industrial and manufacturing properties in a city with a population of one million or more. S.8215/A.11501: Relates to designating a portion of the State highway system in the town of Shelter Island as the "Lt. Joseph J. Theinert Memorial Way." S.8227/A.11487: Updates New York's HIV testing law, which will increase testing rates and reduce rates of transmission.   Governor Paterson vetoed the following bills:   A.1719-A/S.2947-A: Authorizes nurse practitioners to issue orders not to resuscitate. A.2358/S.6103: Authorizes the Commissioner of Health to make grants to be used to help pay for the costs of conducting local blood drives. A.3577-B/S.7803: Provides that taxpayers may contribute to the heart disease prevention and education fund by their income tax return and establishes the fund. A.3923-C/S.1538-E: Requires dissemination by certain State agencies of information pertaining to social services and financial assistance available to crime victims. A.4501-A/S.8014: Requires warning labels on packaging of baby-bottles and sippy cups. A.10676/S.7482: Clarifies the scope of protections against discrimination on the basis of disability in services provided by public entities. A.10889/S.7566-A: Adds a representative of veteran and alcoholism or substance abuse programs to the advisory council on alcoholism and substance abuse services. S.87-A/A.4416-A: Provides a tax check-off box on personal income tax return forms for gifts to the after-school activity fund. S.3718-A/A.7282-A: Expands the application of provisions for a reduced retirement age for certain Triborough Bridge and Tunnel Authority employees. S.4562/A.7170-A: Relates to the duration of the probationary periods and disciplinary hearings for employees of the health and hospitals corporation of the city of NY in a non-competitive class. S.4812-A/A.7471-A: Prohibits certain agencies from charging for the process of a FOIL request made by State and local agencies or the State Legislature. S.5633-A/A.8509-A: Authorizes the deferral of vacation days for certain members of the retirement system. S.6343-A/A.6442-A: Requires municipalities which sell, transfer or lease community garden real property to use proceeds there from for community garden purposes. S.6682/A.10404: Relates to subcommittees for mental health of community service boards. S.6683/A.10405: Relates to the community mental health support and workforce reinvestment program and the community health and workforce reinvestment account. S.6785/A.9943: Provides for the continuation of health insurance benefits for public employees injured or taken ill in the performance of duty. S.6864/A.10242: Allows an action for unlawful discriminatory practice to be brought within three years after dismissal for administrative convenience. S.7078/A.10068: Relates to transfer of retirement membership for SUNY employees within the professional, scientific and technical bargaining unit. S.7187/A.8882-A: Provides for taxpayer gifts for lupus education and prevention, and establishes the lupus education and prevention fund and outreach program. S.7315/A.10159: Authorizes the city school district of the city of Mt. Vernon to finance a deficit by the issuance of serial bonds and bond anticipation notes. S.7316B/A.7691-C: Provides for the on-site sanitization of every used mattress or bedding material prior to being transported, stored or sold in the State. S.8148/A.11405: Relates to the consideration of certain real property transfers in the county of Orange and the purpose of such lands conveyed. S.8279/A.11400-A: Adopts the interstate compact for juveniles.

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NYCLA's Criminal Justice Section invites newly admitted public sector attorneys (practicing up to seven years) in the field of criminal justice who carry more than $30,000 in educational debt to compete in the 2010 Public Service Fellowship Essay Competition.

This year's topic: "Is NYPD's Stop-and-Frisk policy effective preventative policing or is it discriminatory and unconstitutional?"

For more information, visit Essay Contest Information.

NYCLA will award two financial stipends of at least $2,000 to a newly admitted prosecutor and a newly admitted public sector defense attorney.

NYCLA invites you to show your support of these public sector attorneys by making a contribution to the Public Service Fellowship Competition.

Please make checks payable to NYCLA Foundation-Public Service Fellowship and mail to: NYCLA Foundation, Criminal Justice Section Essay Contest, 14 Vesey Street, New York, New York

You may also contribute online by visiting the NYCLA Foundation website.

As the Foundation is recognized by the IRS as a 501 (c)(3) organization, your contribution is tax deductible to the extent provided by law.

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The Americans with Disabilities Act (ADA) gives civil rights protections to individuals with disabilities. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA also mandates the establishment of TDD/telephone relay services.

The U.S. Department of Justice (DOJ) provides information about the ADA through a toll-free information line. This service permits businesses, state and local governments, and individuals to call and ask questions about general or specific ADA requirements including questions about the ADA Standards for Accessible Design.

Specialists are available to provide ADA information and answers to technical questions on Monday, Tuesday, Wednesday, and Friday from 10:30 a.m. until 4:30 p.m. ET, or on Thursday from 12:30 p.m. until 4:30 p.m. ET. You can obtain ADA information by phone or mail at:

Phone: 1.800.514.0301 (TTY: 1.800.514.0383)
Fax: 1.202.307.1198
U.S. Department of Justice
Civil Rights Division
Disability Rights Section - NYAV
950 Pennsylvania Ave. NW
Washington, D.C. 20530 

For More Information:

• ADA regulations, technical assistance materials and publications are available in standard print as well as in large print, audiotape, Braille, or computer disk for people with disabilities. Call the ADA information line 24 hours a day to order through the automated system.
• Guide to Rights for the Disabled, a free publication available from the U.S. Department of Justice (DOJ) and the Federal Citizen Information Center (FCIC), is a simplified summary of the ADA and all the acts that protect access to voting, education, housing, and even communications devices for people with disabilities.
• July 26 is the anniversary of the ADA. 

Additional Resources:

• Disability.gov
• Social Security Disability Benefits
• Disabled Assistance
• State and Local Services for the Disabled

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ATTORNEY GENERAL ANDREW CUOMO, JOINED BY LAWMAKERS, ANNOUNCES LAWSUITS AGAINST LANDLORDS FOR RACE DISCRIMINATION AFTER UNDERCOVER INVESTIGATION

Landlords in Brooklyn and the Capital District Denied Access to Apartments to Black Applicants ~Cuomo also Reaches Agreement with a Second Brooklyn Landlord as Part of Ongoing Investigation

Yesterday, Attorney General Andrew M. Cuomo filed lawsuits against the owners and managers of residential housing complexes in Brooklyn and Glenville, Schenectady County for refusing to rent or show apartments to black applicants. The Schenectady County owner and manager are also charged with refusing to rent to families with children.

The lawsuits were filed in federal district courts in Brooklyn and Albany against 1648-50 Ocean Parkway in Brooklyn and Shady Lane Apartments at 133 Saratoga Road in Glenville after an undercover investigation. The lawsuits allege violations of federal and state housing and civil rights laws and seek civil penalties and an injunction prohibiting the companies from engaging in discriminatory practices.

The Attorney General also reached an agreement with another Brooklyn landlord, 1750 Associates LLC and Eilat Management, for discriminating against black applicants in renting apartments in their buildings. The agreement requires the companies to comply with fair housing laws; ensure that rental agents participate in anti-discrimination training; implement new rental procedures; and pay $40,000 in damages.

"We all share the basic need for housing, and the law protects our equal access to it," said Attorney General Andrew Cuomo. "Our investigation found that housing discrimination continues to this day and landlords who continue to ignore the law will be prosecuted to the fullest extent of the law."

As part of a state-wide investigation into equal access to housing, the Attorney General's office conducted undercover tests in which white testers and black testers visited apartment complexes in New York and inquired about available apartments. The tests, which were recorded, reveal that black testers were discriminated against at the following apartment complexes:

• 1648-50 Ocean Parkway, Brooklyn, owned by 1650 Realty Associates, LLC and managed by Golden Touch Management, Inc.
• 1750 Ocean Parkway, Brooklyn, owned by 1750 Associates, LLC and managed by Eilat Management Corp.
• Shady Lane Apartments at 133 Saratoga Road, Glenville, owned by Socha Management, Inc.

Our investigation showed, among other things, that certain landlords:

• Told black testers there were no apartments available when apartments were available.
• Told black testers that they had to make an appointment and fill out an application before viewing apartments but allowed white testers to view apartments immediately.
• Discouraged black testers from applying for apartments by telling them, among other things, that there were pending applications for the apartments which would prevent their application from being considered, while not telling white testers who inquired on the same day of any pending applications.

The lawsuits allege that landlords violated the federal Fair Housing Act and New York State housing and civil rights laws, which makes it illegal to refuse to sell, rent, lease or otherwise deny or withhold housing because of race, familial status and other protected classes. The lawsuits seek to stop these landlords from engaging in discriminatory practices that deny black applicants or families with children the opportunity to rent apartments on the basis of their race, color or familial status, and to obtain a court order requiring these companies to implement policies and procedures to prevent such unlawful action in the future. The lawsuits also seek penalties, and compensatory damages.

The Attorney Generals office has also created a fair housing Web site at www.ag.ny.gov. The site:

• Explains fair housing laws
• Provides information about available resources
• Allows New Yorkers to file a complaint with the Attorney General's office.

Senator Eric Adams said, "Across the state New Yorkers should always have a place to call home, regardless of their color, age, familial status, or any other characteristic that a dishonest landlord may use to deny them an apartment. I commend Attorney General Cuomo's aggressive pursuit of violators of fair housing laws, especially his use of undercover testing."

Assemblyman Hakeem Jeffries said, "It is shameful that some landlords continue to deny housing to African-American families simply on the basis of race. I commend Attorney General Cuomo for his efforts to root out discrimination in New York State and provide everyone in our community with equal protection under the law."

Assemblyman Karim Camara said, "We must remain diligent in working to end discriminatory practices in housing or wherever they may occur, which is exactly what Attorney General Cuomo is doing here today. I look forward to a continued partnership with his office in working through these and other issues that impact my constituents and the people of this state."

Adriene Holder, Attorney-in-Charge of the Civil Practice of The Legal Aid Society in New York City, which includes a city-wide housing practice, said, "Decades after reconstruction and the passage of federal and state anti-discrimination laws, these cases and others around the country highlight the sad and disturbing fact that discrimination is alive and well. The Attorney General, by vigorously enforcing fair housing and civil rights laws, is helping to dismantle brick by brick the stinging effects of discrimination that are felt by all residents of this State. We applaud Attorney General Cuomo for his commitment to defending the civil rights of all New Yorkers, regardless of their race."

These settlements and lawsuits are a part of Attorney General Cuomo's ongoing efforts to enforce laws that promote equal access to housing across New York State, including:

• In April 2010, the Attorney General reached agreements with six large developers of rental apartment complexes in New York State to ensure equal access to housing for people with disabilities. Under the agreements, the developers - Port Jefferson Town Properties, LLC; Fairfield Pinewoods, LLC; Hudson Park Investors, LLC and Collins Yonkers II, LLC; Regency Club at Wallkill, LLC; Riverbend at Wappingers Falls, LLC; and Main Street Lofts, LLC - must offer to make retrofits to apartments and retrofit common areas and to ensure that people with disabilities have the full use and enjoyment of the facilities. The developers must also collectively pay $145,000 to compensate individuals who were harmed by the inaccessible housing. They will also work with an independent expert to certify that future construction of apartment complexes is in compliance with New York State and federal accessibility laws.
• In March 2010, the Attorney General filed lawsuits against two loan modification companies, National Modification Service and Infinity Funding Group, for engaging in nationwide foreclosure rescue scams. The companies and their owners prey on homeowners facing foreclosure by claiming that they can save their homes, but often fail to provide the services promised. National Modification is based in Farmingdale, New York and Infinity is based in Bohemia, New York. The Attorney General recently obtained a default judgment on June 1 for $8.8 million against Infinity. The case against National Modification is pending before the New York State Supreme Court. The Attorney General also previously obtained a favorable ruling against Amerimod, one of the largest loan modification companies operating in New York and nationally, reached settlements with mortgage rescue companies ABM Mitigation Corporation, Raymond Louis & Fitch and Global Modification Services, and issued cease and desist letters to 213 loan modification companies alleged to be doing business in New York.
• In February 2010, the Attorney General reached an agreement with Vantage Properties for $1 million to address allegations of tenant harassment in residential housing facilities in Queens, Harlem and Upper Manhattan. The agreement requires Vantage to compensate tenants who have suffered harassment and to fund not-for-profit organizations that provide free legal and educational services to tenants. Vantage is also required to implement new policies related to processing complaints, initiating legal proceedings, collecting rent, and establishing succession rights.
• In January 2009, the Attorney General reached agreements with mortgage brokerage companies who were discriminating against African-American and Latino borrowers. The agreements required the companies - HCI Mortgage and Consumer One Mortgage - to pay $665,000 in restitution to approximately 455 Black and Latino borrowers who were illegally charged higher fees than similarly-situated White borrowers. The Attorney General also sued another brokerage company - U.S. Capital Funding, LLC - that engaged in similar discriminatory practices and the case was resolved through a settlement.

There are several state and federal laws governing fair access to housing that make it illegal to deny housing based on:

• Race
• Color
• Religion
• Sex
• Familial Status
• National Origin
• Age
• Disability
• Marital Status
• Sexual Orientation
• Military Status

Consumers who believe they are being discriminated against by landlords or providers of housing-related services are urged to contact the Attorney General's Office at 1-800-771-7755 or visit the Attorney General's Web site www.ag.ny.gov.

These cases are being handled by Assistant Attorneys General Sunita Kini-Tandon, Brooke P. Davis, and Kayla Gassmann, under the supervision of Alphonso B. David, Special Deputy Attorney General for Civil Rights, and Spencer Freedman, Chief Counsel for Civil Rights.

Attachment:

• Socha Management Complaint
• Golden Touch Complaint
• 1750 Associates AOD

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New Proposed Rules to Ensure Equal Visitation Rights for All Hospital Patients

On April 15, 2010, the President issued a Presidential memorandum to the U.S. Department of Health and Human Services (HHS) calling for the initiation of rulemaking that would ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors, regardless of whether the visitors are legally related to the patients.  The President's directive clearly instructed HHS to propose that a participating hospital not deny visitation privileges on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, or disability.  It also directed that the rulemaking take into account the need for a participating hospital to restrict visitation in medically appropriate circumstances.

At the direction of the President, Secretary Kathleen Sebelius and her team at the Centers for Medicare & Medicaid Services have been working on a proposed regulation that would ensure that patients' visitation rights are respected. They expect to display a proposed rule in the Federal Register very shortly. In advance of this proposed rule, Secretary Sebelius sent a letter late today to leaders of major hospital associations asking them to encourage their member hospitals to not wait for the formal rulemaking process to run its course before they review their current visitation policies to ensure they comport with the patient-centered visitation rights that the President has suggested. Secretary Sebelius's letter is below.

The text of the letter is below:

June 22, 2010

Richard J. Umbdenstock, FACHE
President & Chief Executive Officer
American Hospital Association
325 7^th Street, NW
Washington, DC  20004-2802

Charles (Chip) Kahn
President
Federation of American Hospitals
801 Pennsylvania Avenue, NW
Suite 245
Washington, DC  20004-2604

Darrell G. Kirch, MD
President and Chief Executive Officer
Association of American Medical Colleges
2450 N Street, NW
Washington, DC  20037-1126

Lawrence A. McAndrews
President and Chief Executive Officer
National Association of Children's Hospitals and Related Institutions
401 Wythe Street
Alexandria, VA  22314

Larry S. Gage
President
National Association of Public Hospitals & Health Systems
1301 Pennsylvania Avenue, NW, Suite 950
Washington, DC  20004

Sister Carol Keehan
President & Chief Executive Officer
Catholic Health Association of the United States
1875 Eye Street NW, Suite 1000
Washington, DC  20006

Dear Colleagues:

On April 15, 2010, the President issued a Presidential memorandum to the U.S. Department of Health and Human Services (HHS) calling for the initiation of rulemaking that would ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors, regardless of whether the visitors are legally related to the patients.  The President's directive clearly instructed HHS to propose that a participating hospital not deny visitation privileges on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, or disability.  It also directed that the rulemaking take into account the need for a participating hospital to restrict visitation in medically appropriate circumstances.

I have tasked the Centers for Medicare & Medicaid Services (CMS) to satisfy the President's directive through new requirements that will be included in the Medicare Hospital and Critical Access Hospital Conditions of Participation, 42 C.F.R. Parts 482 and 485 subpart F, respectively.  CMS intends to publish a proposed rule shortly and a final rule by late fall of this year. 

Your organizations play a crucial role in advancing quality care and patient safety in hospitals across the nation.  I recognize that many of your members have been at the forefront of advancing patient-centered hospital visitation policies in their respective institutions or have worked with their state legislatures to develop state laws that promote such policies.  I welcome your input into this rulemaking process once the notice of proposed rulemaking (NPRM) is published. 

Furthermore, in the interim, until such time as a final rule can be published, I would appreciate your voluntary support for the intent of the Presidential memorandum by encouraging your members to review policies they may currently have in place and adopt and enforce patient-centered visitation policies, as contemplated by the President, to the extent that they have not done so already.  Your actions could spare many patients the pain of being separated from a loved one during an admission to a hospital - often one of the most anxious times in their lives. 

I know the President and I can count on you now to ensure that this patient right - and all others - are recognized and honored.

Thank you for your dedication to the cause of greater patient involvement in health care decisions.

Sincerely,

Kathleen Sebelius
Secretary of Health and Human Services

###

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Governor Paterson Submits Legislation to Protect Students from School Bullying

Late last week, Governor David A. Paterson submitted to the Legislature Program Bill No. 291 that would ensure that effective strategies are in place to address discrimination in schools by making clear that schools are subject to the Human Rights Laws. The bill also would address discrimination and bullying in schools by requiring school officials to post school violence hotline information in their hallways. Posting this information would allow more school children access to important State assistance and services. "We have a responsibility to provide the highest level of protection and care to the children of New York State, and this legislation would help do just that," Governor Paterson said. "At a time when our children are bullied to the point of contemplating suicide, it is clear that school officials must be vigilant in their efforts to prevent these incidents and protect their students. Providing greater access to vital information and assistance for our school children and parents will go a long way and work toward preventing school violence all together." This bill reaffirms that bullying or discrimination complaints may continue to be filed with the Division of Human Rights. It would also ensure that effective strategies are in place to address discrimination in schools by making it clear that schools are subject to the Human Rights Laws. The Division of Human Rights is well equipped to serve this expanded role as it as it has accepted and investigated complaints against public educational institutions alleging discrimination in education for over twenty years. Ross Levi, Executive Director of the Empire State Pride Agenda, said: "The Pride Agenda applauds the Governor's efforts to protect students from discrimination. This measure would create an important foundation on which to build to ensure that no student is discriminated against or harassed solely because of who they are." Ron Meier, New York Regional Director of the Anti-Defamation League, said. "It is critically important for the law in New York State to protect public school students from discrimination. Governor Paterson's bill would remove any doubt caused by ambiguity in the current law, and ensure that New York's Division of Human Rights is an available forum for those public schools students that feel they suffered from discrimination. This proposal is clearly in the public's best interest, and we urge the State legislature to move quickly toward its adoption." For twenty years, the Division of Human Rights has applied the Human Rights Law to schools. Recently, in East Meadow Union Free School District v. N.Y.S. Division of Human Rights, the Appellate Division, Second Department, held that Executive Law § 296(4) does not provide the Division with jurisdiction over public school districts. The Human Rights Law's purpose of ensuring every individual in the State an adequate education cannot be achieved without holding these public institutions accountable for discrimination. Consistent with the broad principles and purposes of the State's Human Rights Law, this bill would specifically overturn the East Meadow Union Free School District decision by unambiguously providing that access to public schools without unlawful discrimination is protected under the education provisions of the Human Rights Law. This clarification of the definition of covered entities will ensure that the education provisions of the Human Rights Law fulfill the originally intended purpose of the law. Additionally, the Governor's Program Bill would help guarantee that those subjected to bullying who feel that school officials are unwilling or unable to prevent such behavior, or are uncomfortable reporting bulling to officials, will be able to obtain the necessary information from a hotline to seek assistance from the State. The State Education Department already maintains this hotline through which students and parents can seek assistance from the New York Center for School Safety. This legislation would require that the hotline number be publicly posted in every school in New York to ensure students and parents have access to this important assistance. To contact the New York State Safety Anonymous Reporting Hot Line please call: 1-877-7SAVENY (877-772-8369).

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New DOT Rule Extends Disability Protections to Passenger Ships and Boats

Secretary of Transportation Ray LaHood today announced the first federal rule to specifically provide Americans with Disabilities Act (ADA) protections to people with disabilities who travel on boats and ships.  The action comes as the 20th anniversary of the ADA approaches on July 26.

"This Administration is committed to protecting the rights of passengers with disabilities in all modes of transportation," said Secretary LaHood.  "This rule will ensure fair treatment for people with disabilities who travel by ship or boat."

The rule applies to two categories of vessels: vessels operated by public entities, such as public ferry systems, and vessels operated by private entities primarily engaged in the business of transporting people, such as cruise ships.

The rule will ensure that vessel operators' policies do not discriminate against passengers with disabilities.  Under the rule, vessel operators cannot charge extra for accessibility-related services to passengers, cannot require passengers to furnish their own attendants, and cannot deny access to passengers based on disability.  Vessel operators will have to provide information to passengers about the accessibility of their facilities and services and make a knowledgeable person available to resolve accessibility concerns.

This rule does not establish physical accessibility standards for new construction or alteration of vessels.  The Access Board, an independent agency, is currently developing proposed accessibility guidelines that the Department would adopt in a subsequent rulemaking.

Department of Justice (DOJ) regulations will cover a third category of vessels not covered by DOT's rules - those operated by private entities not primarily engaged in the business of transporting people, such as fishing charters and dinner cruise boats.

The new rule will become effective 120 days after it is published.  There will be a 90-day comment period concerning three issues:  whether vessel operators should be required to allow passengers with disabilities to bring emotional support animals on board, requirements operators must follow concerning the use of mobility aids, and the relationship of DOT and DOJ disability rules.

The rule is available on the Internet at www.regulations.gov, docket DOT-OST-2007-26829.

-END-

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Queens Borough President Helen M. Marshall is celebrating "Lesbian, Gay, Bisexual & Transgender Pride Month," on Tuesday, June 22, 2010, from 5:30 to 7:30 PM, at Queens Borough Hall.

Here's a copy of the event announcement:

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MAYOR BLOOMBERG RECEIVES FINAL REPORT AND RECOMMENDATIONS FROM THE CITY'S COMMISSION OF LESBIAN, GAY, BISEXUAL, TRANSGENDER AND QUESTIONING RUNAWAY AND HOMELESS YOUTH

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What It's Really Like to Practice Law as a Woman

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Franklin H. Williams Judicial Commission on Minorities Conference

June 16, 2010

PROGRAM SCHEDULE

8:15 A.M. - 8:55 A.M.

Registration and Continental Breakfast

9:00 A.M. - 9:20 A.M.

Opening Remarks

Honorable Rose H. Sconiers

Associate Justice

Appellate Division, 4th Department

Chair, Franklin H. Williams Judicial Commission on Minorities

Richard A. Matasar

Dean and President

New York Law School

9:25 A.M. - 9:30 A.M.

Introduction of Chief Judge

Honorable Jonathan Lippman

Chief Judge, Court of Appeals

New York State Unified Court System

9:30 A.M. -10:40 A.M.

Introduction of Keynote Speaker

Donna Brazile

Brazile & Associates, LLC

10:40 A.M. - 11:00 A.M.

Donna Brazile Book Signing/ Break

11:00 A.M. - 1:00 P.M.

Race, Law and the Courts: Discussion of a Post Racial America

Panelists will discuss the relevance of race in America and its impact on the courts, the legal system and the community. Panelist and Audience will have Q&A.

Moderator:

Juan Gonzalez

Journalist

New York Daily News

Panelists:

Angelo Falcón

President

National Institute for Latino Policy

Professor Sherrilyn Ifill

University of Maryland School of Law

Professor Joseph Knight

Seattle University School of Law

Stan Mark, Esq.

Senior Staff Attorney

Asian American Legal Defense and Education Fund

Cesar A. Perales

President

Latino Justice PRLDEF

1:00 P.M. - 2:00 P.M.

Lunch

2:15 P.M. -3:45 P.M.

Workshops

A. Wrongful Convictions and Remedies

Wrongful convictions erode the public=s confidence in the judicial system and cost taxpayers millions of dollars.  This workshop will examine the causes for wrongful convictions with the aim of identifying factors that contribute to the conviction of innocent individuals. We will also examine the current strategies to prevent wrongful convictions and remedies available to those wrongly convicted. 

Moderator:

Vincent E. Doyle III, Esq.

Partner 

Connors & Vilardo LLP

Panelists:

Caitlin Halligan, Esq.

General Counsel

District Attorneys Office

New York County

Honorable Theodore Jones

Associate Judge

Court of Appeals

Co-Chair of the Justice Task Force

Stephen Saloom

Policy Director

Innocence Project

B. Law School Admission/ Bar Passage Rate

This workshop will explore the ramifications that Supreme Court decisions, since Bakke have had on minority students admissions into law school.  Discussions will also include the criteria law schools are applying in their admissions process.  And finally, what impact, if any, is race a factor in the bar passage rates.

Moderator:

Professor Stephanie Phillips

University of Buffalo School of Law

Panelists:

Professor Conrad Johnson

Columbia Law School

Professor Joseph Knight

Seattle University School of Law

Professor Jenny Rivera

City University of New York Law School

C. Diversity in the Judiciary

This panel will explore diversity in the judiciary. Some of the issues explored will include: Is diversity in judiciary desirable? Have we achieved diversity? Should judicial screening panels promote diversity? Do judicial screening panels promote or hinder diversity? Is there an under-representation of women of color in the judiciary (state and federal)?

Moderator:

Hon. Doris Ling-Cohan

Co-chair of the Conference

Supreme Court Justice, 1st Judicial District, New York, NY

Commissioner, Franklin H. Williams Judicial Commission on Minorities

Panelists:

Norman L. Greene

Partner

Schoeman, Updike & Kaufman, LLP

Mary Marsh Zulack

Director of Clinical Programs

Columbia Law School

D. New York State Juvenile Justice

This workshop will explore the recent reports and findings related to our juvenile justice system,     whether race is a factor or not, and any possible suggestions going forward.

Moderator:

Hon. Eduardo Padro

Supreme Court Justice, 1st Judicial District, New York, NY

Commissioner, Franklin H. Williams Judicial Commission on Minorities

Panelists:

Commissioner Gladys Carrión, Esq. 

New York State Office of Children and Family Services

Honorable Michael Corriero 

Executive Director

Big Brothers Big Sisters of New York City

Hon. Edwina Richardson-Mendelson 

Administrative Judge

New York City Family Courts

E. Police Strategies and Minority Communities

This panel will look at the broader theme of a "Post Racial America" and how it applies to the day to day realities and complexities of policing strategies and communities of color. Is race at all relevant or have we transcended race in policing crime in communities of color, and most especially in poorer communities. We expect the panelists to explore such areas as stop and frisk, racial profiling, police shootings and any other relevant issues, including possible solutions to any perceived persistent problems.

Moderator: TBD

Panelists:

Donna Lieberman

Executive Director

New York Civil Liberties Union (NYCLU)

3:45 P.M. - 4:10 P.M.

Reports from Workshops

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Council Member Jimmy Van Bramer -- District 26

MARCH WITH COUNCIL MEMBER JIMMY VAN BRAMER IN TWO GREAT PARADES! During the month of June, Council Member Jimmy Van Bramer will be leading two wonderful parades in Jackson Heights and Sunnyside, Queens. This upcoming Sunday, June 6th Council Member Van Bramer and Council Member Dromm will march as Co-Grand Marshals in the 18th Annual Queens PRIDE Parade in Jackson Heights and next week, on Saturday, June 12th Council Member Van Bramer will march as the Grand Marshal in the annual Kiwanis-Sunnyside Flag Day Parade in Sunnyside. Come join us as we walk to celebrate equality and commemorate the adoption of our flag with our neighbors and friends. SUNDAY, JUNE 6th SATURDAY, JUNE 12th                                                                  When:                                                                              When:        Sunday, June 6th at 11 A.M.                                          Saturday, June 12th at 10 A.M.                                                Where To Meet:                                                             Where To Meet: 85th Street & 37th Avenue in Jackson Heights, NY           41st Street and Greenpoint Ave.                                 For More Information Visit:                                  For More Information Visit:             http://www.queenspride.com/                                      http://sunnysideparade.com/   If you would like to march with the Council Member please RSVP at: CMJVB.RSVPS@gmail.com   We look forward to seeing you there! To Watch A Special Message From Council Member Van Bramer about the PRIDE Parade Click On:  http://www.youtube.com/watch?v=apg4N-55O6U

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Sunday Meeting, June 6, 2010

Early Sunday Morning - 10:30 a.m. - Room 514

Parenting Issues. Leader Dr. Anne Klaeysen presides.

Sunday School Ethics for Children will resume on Sunday, September 12.

Sunday Meeting - 11:15 a.m. - Ceremonial Hall

"[marriage is so gay]" TM
Dr. Anne Klaeysen, Leader

The title of this platform address is the wording on a T-shirt sold by the Human Rights Campaign to promote its work at the state and federal levels to achieve marriage equality. At its core, marriage equality is simply about making the day-to-day lives of same-sex couples and their families manageable and secure. All families deserve the ability to protect themselves with basic legal rights and safeguards such as Social Security, health insurance, and unquestioned hospital visitation. Join Leader Dr. Anne Klaeysen to learn more about this important human rights issue.

New York Society for Ethical Culture
2 West 64th Street at Central Park West
New York, NY 10023

Phone: 212-874-5210
Fax: 212-595-7258

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Dear Lucas --

Sincerely,

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Marriage Equality: What's Next New York?
What Can We Learn from the Past Civil Rights Struggles?

Thursday, May 20, 2010 6:30 PM - 8:30 PM

Registration:
There is no charge for this program.  Register

What are the similarities and differences between the fight for same-sex marriage and the civil rights struggles of the 20th Century? This topic will be addressed in an interactive setting where leading scholars, politicians, and practitioners will engage participants in discussion about the legal, psychological, and economic relationship between these movements.

Moderator:
ALPHONSO DAVID , Special Deputy Attorney General for Civil Rights , New York State Office of Attorney General; Member, City Bar LGBT Rights Committee

Speakers:
MATTHEW COLES , LGBT Project Director, American Civil Liberties Union; GARY W. HARPER, PHD, MPH, Professor, Department of Psychology; Director, Master of Public Health Program, DePaul University; former Chair, American Psychological Association, Committee on Lesbian, Gay, Bisexual, and Transgender Concerns; SONIA KATYAL, Professor of Law, Fordham University School of Law; JEREMY PETERS, Reporter, The New York Times; HON. DIANE SAVINO, New York State Senator; ANDREW SCHERER, Former Executive Director and President, Legal Services NYC

Sponsored by:
Committee on Lesbian, Gay, Bisexual and Transgender Rights , Carmelyn Malalis, Chair

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Willie Nelson was riding in a livery cab when cops stopped the vehicle for traffic violations. As they approached, officers became suspicious when they observed Nelson moving "frantically and erratically."

After the guy exited the cab, he continued to act in a manner which suggested he was concealing a weapon in his front waistband.

When he was later searched, officers uncovered a "hard package of drugs" and Nelson was later convicted of criminal possession of a controlled substance in the third degree and sentenced to 6 years in prison.

On appeal to the Appellate Division, First Department, Nelson argued that the officers' actions were unlawful and that the drugs found on his person shouldn't have been allowed into evidence at his trial. But the appellate court was of the view Nelson's unusual behavior justified the officer's conduct and that the frisk was based on "reasonable suspicion."

Is poor Willie shoot out of luck?

To view the Appellate Division's decision, please use this link: People v. Nelson

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Office of the Vice President

Vice President Biden Announces Strengthening of Title IX

Yesterday, Vice President Biden announced that the Administration has issued a 'Dear Colleague' letter that withdraws a 2005 interpretation of Title IX policy. Enacted in 1972, Title IX mandates that any educational institution receiving federal funding for programs and activities cannot discriminate on the basis of sex. The 2005 policy issued compliance standards that were widely criticized for being inadequate and inconsistent with Title IX's nondiscrimination goals. Yesterday's announcement reverses this interpretation, and returns to a more thorough test for assessing compliance with Title IX.  Secretary of Education Arne Duncan and Senior White House Advisor Valerie Jarrett, Chair of the White House Council on Women and Girls, joined the Vice President at George Washington University for this announcement.

"Making Title IX as strong as possible is a no-brainer," said Vice President Biden. "What we're doing here today will better ensure equal opportunity in athletics, and allow women to realize their potential - so this nation can realize its potential."

"There is no doubt that Title IX has dramatically increased athletic, academic, and employment opportunities for women and girls, and educational institutions have made big strides in providing equal opportunities in sports," said Secretary Duncan. "Yet discrimination continues to exist in college athletic programs--and we should be vigilant in enforcing the law and protecting this important civil right."

For more than three decades, the Department of Education's Office for Civil Rights (OCR) has provided three options to determine whether athletic programs at colleges, universities and secondary schools provide equal opportunities for athletic participation. Under one of these three options, OCR policy evaluated multiple indicators to determine the athletic interests and abilities of the underrepresented sex at educational institutions. The new 'Dear Colleague' letter clarifies that OCR does not consider survey results alone to be sufficient evidence of a lack of student interest or ability in sports.

Yesterday's event at George Washington University also provided sports activities for youth.

"Title IX has helped women to compete at all levels in athletics, which today's event showcased," said Valerie Jarrett. "By working through the agencies, the White House Council on Women and Girls will continue to support laws such as Title IX that provide opportunities for young girls to get ahead in life."

Yesterday's 'Dear Colleague' letter also provides recommendations for effective procedures for collecting, maintaining, and evaluating information on students' interests and abilities, including technical assistance on the nondiscriminatory design and implementation of surveys as one indicator among others of student interests and abilities.

For more information about Title IX, or to review the 'Dear Colleague' letter, please visit:
http://www2.ed.gov/about/offices/list/ocr/publications.html#TitleIX-Docs

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ATTORNEY GENERAL CUOMO SECURES AGREEMENTS WITH SIX REAL ESTATE DEVELOPERS TO PROVIDE ACCESSIBLE HOUSING FOR PEOPLE WITH DISABILITIES

Agreements Result In Major Redesigns to Ensure Equal Access to Housing

Cuomo Also Sues Developer Trammell Crow for Failing to Provide Accessible Housing to People with Disabilities

Yesterday, Attorney General Andrew M. Cuomo announced agreements with six large real estate developers of rental apartment complexes to ensure equal access to housing for people with disabilities.

Under the agreements, the developers - Port Jefferson Town Properties, LLC; Fairfield Pinewoods, LLC; Hudson Park Investors, LLC and Collins Yonkers II, LLC; Regency Club at Wallkill, LLC; Riverbend at Wappingers Falls, LLC; and Main Street Lofts, LLC - must make or offer to make retrofits to apartments and common areas to ensure that people with disabilities have the full use and enjoyment of the facilities. The developers must also collectively pay $145,000 to compensate individuals who were harmed by the inaccessible housing. They will also work with an independent expert to certify that future construction of apartment complexes is in compliance with New York State and federal accessibility laws.

"Equal access to housing is a right guaranteed by law and no one should have problems living in their own home because they are disabled," said Attorney General Cuomo. "My office is committed to enforcing fair housing and removing barriers for all New Yorkers."

The Attorney General also filed a lawsuit against developer Trammell Crow for the company's failure to remedy extensive inaccessible features in one of their complexes in New York State. Trammell Crow has developed more than 225,000 residential units across the country. The lawsuit alleges that Trammell Crow failed to design and construct Atlantic Point Apartments, a 795-unit complex in Bellport, New York, in compliance with the accessibility laws.

The Attorney General's office found extensive design and construction barriers preventing full access by people with disabilities at the following apartment complexes:

• Atlantic Point Apartments, Bellport, New York
• Fairfield Knolls at Port Jefferson Station, Port Jefferson Station, New York
• Fairfield Knolls South, Coram, New York
• Hudson Park Apartments, Yonkers, New York
• Regency Club Apartments, Middletown, New York
• RiverBend Apartments, Wappingers Falls, New York
• 66 Main Street Lofts, Yonkers, New York

Under the agreements, the six developers, who all cooperated with the Attorney General's investigation, must complete retrofits for units and the common areas, including making sidewalks accessible by eliminating excess slopes and level changes. They must also provide accessible parking and routes to amenities such as pools, social rooms, mailboxes, and trash facilities. Furthermore, the agreements require retrofitting of bathrooms, kitchens, entryways, thermostats, and outlets in designated apartments.

Tenants living in the buildings will receive a notice advising them of the law and the structural changes to be made to the exterior and interior of their units. Tenants will be able to request additional modifications to increase accessibility. The modification will be free of charge to the tenants. Additionally, tenants who were harmed as a result the developers' failure to construct the property as legally required will be eligible to receive restitution by submitting a claim to the Attorney General. The Attorney General will then evaluate the claims for compensation and disburse restitution from a $145,000 fund that will be paid by the developers.

The developers must also each hire a consultant, who must be approved by the Attorney General's office, to conduct on-site inspections to determine whether retrofits have been completed as required by the agreement. The agreement also requires the developers to submit a certification to the Attorney General for all future construction confirming that they comply with the accessibility requirements under New York State and federal law.

Curtis Decker, Executive Director of the National Disability Rights Network, said, "We applaud Attorney General Cuomo for his commitment to the civil rights of all New Yorkers. These agreements ensure hundreds of accessible apartments for people with disabilities, and remind us that on the eve of the 20th anniversary of the Americans with Disabilities Act, we still have work to do."

Joe Bravo, Executive Director of the Westchester Independent Living Center, said, "Individuals living with disabilities need accessible housing to live. Accessible housing is not a luxury, but rather a necessity. If you cannot get into your apartment or into your bathroom, how can you function? It is unacceptable that buildings are still being constructed that do not comply with the law. Attorney General Cuomo's investigation and the agreements he has secured hold developers accountable and will require that they make retrofits to these buildings. This is a significant victory."

Stephen McLaughlin, Executive Director of the Action Towards Independence, a not-for-profit organization that provides assistance to disabled individuals in New York, said, "Attorney General Cuomo has put housing developers on notice that inaccessible housing that violates the law will not be tolerated in New York. Building accessible housing rarely costs developers more money but is invaluable to disabled individuals and their families."

These cases are being handled by Assistants Attorney General Brooke P. Davis, Sunita Kini-Tandon, and Vilda Vera Mayuga, under the supervision of Civil Rights Bureau Chief Alphonso B. David and Counsel for Civil Rights Spencer Freedman.

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Pilar Lopez Apiado lost her job as a North Shore University Hospital lab technician after a post-operative patient was given a transfusion with blood from the hospital's general blood bank supply.

(Apparently, the patient had deposited some of her own blood to be used for the procedure.)

Apiado later sued claiming she was fired because of her age and race.

When the Nassau County Supreme Court granted the hospital's request to dismiss the case, Apiado appealed to the Appellate Division, Second Department, which thought that the employer had shown that the technician was terminated for "legitimate, nondiscriminatory reasons."

Talk about bad blood!

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(IN)VISIBLY AMERICAN - The Personal is Political in Queer Immigrants' Rights - Thursday March 4, 2010, 6:30 PM - 9:00 PM:

A special panel discussion about LGBT immigrants' rights. We'll hear stories from LGBT Asian American and South Asian immigrants, updates about immigration policy, and ways we can join the fight for comprehensive immigration reform. Reception and Networking: 6:30 PM. Program: 7:00 - 9:00 PM. Asian American Writers Workshop - 16 West 32nd Street - 10th Floor (between Fifth Avenue and Broadway) New York, NY  10001.

See below for additional information.

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Peter Marc Stern sued Andrew Lavoott Bluestone for unsolicited advertisements the latter supposedly sent by way of a fax machine.

For a 16-month period, Stern allegedly received 14 transmissions from Bluestone -- an attorney who specializes in malpractice claims.

Each fax was titled "Attorney Malpractice Report," contained various articles pertaining to that particular area of law, and, included Bluestone's contact information and website address.

After the New York County Supreme Court and Appellate Division, First Department, found Bluestone in violation of a federal law which prohibits "unsolicited advertisements," he appealed to our state's highest court.

The New York State Court of Appeals thought that the communications didn't violate the law because they contained informative content which varied in each instance. (The inclusion of Bluestone's contact information and website address didn't convert an "informative" fax into an "unsolicited message.")

Them are just the fax.

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REP. CAROLYN MALONEY, CLERGY & ADVOCATES PROTEST ANTI-GAY UGANDA BILL

(NEW YORK, NY) - Yesterday, Congresswoman Carolyn B. Maloney (D-Manhattan, Queens) joined with leading human rights advocates and a prominent member of the clergy to protest the draconian "Anti-Homosexuality Law" proposed in the Ugandan parliament.  Immediately following the protest held outside the Permanent Mission of the Republic of Uganda to the United Nations in Manhattan, Congresswoman Maloney delivered a letter to the Mission requesting that representatives of the Ugandan government meet with human rights advocates to discuss the depth and breadth of international opposition to the measure.  She was joined at today's news conference by representatives of leading human rights organizations, including Immigration Equality, the International Gay & Lesbian Human Rights Commission, Human Rights Watch, and Human Rights First, as well as the Reverend Dr. Eugene Callender, former longtime pastor at St. James Presbyterian Church, Manhattan's oldest African-American Presbyterian Church, who attended Thursday's Congressional Prayer Breakfast at which President Barack Obama denounced Uganda's Anti-Homosexuality Act.

At the news conference, Representative Carolyn Maloney said, "The officially sanctioned bigotry in this bill is profoundly disturbing.  It constitutes a gross violation of the universal values of individual liberty and human rights.  Such a measure goes far beyond ugliness and ignorance: it is hate in its rawest form, and it has no place in the laws of any nation."

The proposed legislation would subject those convicted of engaging in "any form of sexual relations between persons of the same sex" to criminal sanctions punishable by a minimum of seven years in prison and, in cases of so-called "serial offenders" and HIV positive individuals, death.  Among its many offensive and dangerous provisions, the Anti-Homosexuality Act of 2009 would force individuals to reveal the whereabouts of gays and lesbians to the police or face prosecution, establish extra-territorial jurisdiction to prosecute lesbian, gay, bisexual or transgender (LGBT) Ugandans living abroad, criminalize LGBT advocacy, and limit the distribution of information on HIV prevention.

Joining Representative Maloney at today's news conference were leading human rights advocates.  Among them were Rachel Tiven, Executive Director of Immigration Equality, who said,  "Every day, Immigration Equality hears from lesbian, gay, bisexual and transgender people around the globe who have been persecuted, stigmatized and subjected to unspeakable violence simply because of who they are.  In the past year, we have won more than 75 asylum cases for LGBT people from around the world.  We are proud to stand with Congresswoman Maloney and call on the United Nations, and the United States, to take an unmistakable stand against the continued persecution happening in Uganda.  No one should be driven from their home because of who they are."

"If passed, this bill will become a tool used not only to arrest and persecute LGBT people, but to attack their friends, family and supporters," said Jessica Stern of the International Gay & Lesbian Human Rights Commission (IGLHRC). "As members of a global movement for human rights, we cannot accept anything less than the complete dismissal of the bill," he added.

Paul LeGendre, Director of the Fighting Discrimination Program at Human Rights First, said, "The Anti-Homosexuality Bill represents one of the harshest discriminatory measures ever proposed in any country.  This bill would have disastrous effects for gay men and women in Uganda, would aggravate an already alarming trend of criminalization of homosexuality across Africa, and could spur Ugandan homosexuals to flee this persecution by attempting to seek refuge outside of the country.  The international community must continue to voice its concern to the Ugandan authorities until the text of this bill is shredded and removed from consideration."

"This is a threat to every Ugandan's privacy, dignity, and basic freedoms," said Scott Long, director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch.  "Uganda's government must remember that universal human rights don't come with exceptions."

Following is a copy of the letter presented by Congresswoman Maloney to officials of the Ugandan Mission to the United Nations today.

February 8, 2010

Dr. Ruhakana Rugunda

Permanent Representative to the United Nations

Republic of Uganda

Uganda House

336 East 45th Street

New York, New York 10017

Dear Dr. Rugunda,

I write today to request that you, as a representative of the government of the Republic of Uganda, meet with human rights activists to discuss the Anti-Homosexuality Act  currently under consideration by the Ugandan Parliament.   The international community has united in overwhelming opposition to this hateful, narrow-minded legislation, and we respectfully request the opportunity to convey the depth and breath of antipathy to this proposed measure.  It constitutes an affront to the universal values of individual liberty and human rights and has no place in the laws of any nation.

I  fear - along with others in the human rights community - that this type of legislation would almost certainly incite violence against lesbian, gay, bisexual and transgender (LGBT) persons in Uganda and further push this already marginalized  population underground. As a longstanding champion of equal rights for LGBT persons, I am deeply troubled by the very notion that someone could be subject to criminal sanctions - let alone sentenced to death - for his or her sexual orientation or gender identity.  Such a measure goes far beyond ugliness and ignorance: it is hate in its rawest form.

I look forward to your response.  I hope you will do all you can to put a halt to this hateful expression of bigotry.

Sincerely,

CAROLYN B. MALONEY

Member of Congress

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John Evans sued the City of New York claiming its discriminatory conduct -- based on his "mental impairment" -- forced him to leave his job.

After the New York County Supreme Court granted the City's dismissal request, Evans appealed to the Appellate Division, First Department.

While Evans established that he suffered from a disability, he supposedly never told his employer what "reasonable accommodations" were necessary to perform his job functions.

The AD1 was also unreceptive to his constructive discharge claim because Evans failed to show that the work environment was "so intolerable as to compel a reasonable person to leave."

With that, Evans was again dismissed.

To view a copy of the Appellate Division's decision, please use this link: Evans v. City of New York

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Office of the Press Secretary

The United States and the European Union condemn the continuing human rights violations in Iran since the June 12 election. The large scale detentions and mass trials, the threatened execution of protestors, the intimidation of family members of those detained and the continuing denial to its citizens of the right to peaceful expression are contrary to human rights norms.

Our concerns are based on our commitment to universal respect for human rights. We are particularly concerned by the potential for further violence and repression during the coming days, especially around the anniversary of the Islamic Republic's founding on 11 February. We call on the Government of Iran to live up to its international human rights obligations, to end its abuses against its own people, to hold accountable those who have committed the abuses and to release those who are exercising their rights.

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Latinos and President Obama's

It's official. Latinos no longer exist.

Well, that's the case if you go by President Obama's very first State of the Union address last night.

The President made no reference to the Latino community, nor did he say anything about Latin America or the political status of Puerto Rico. Most Latinos live in cities, but the President made only one reference to the "inner-city" and said nothing about urban policy (whatever happened to Obama's urban policy guru appointee Adolfo Carrion?). But to be fair, indirectly, when he chastised the Supreme Court majority about their Citizens United ruling and how it opens the doors for unfettered corporate (and foreign) intervention in American politics, he was probably thinking of Hugo Chavez (and it was nice to see Justice Sotomayor sitting next to a grimacing Justice Alito). Hell, the President didn't even mention Guantanamo or the 2010 Census!

This, of course, is a totally unfair way to look at the State of the Union speech, because there is some evidence that Latinos do, in fact, exist. And, as the first Black President, he's got to be careful not to bring too much attention to suspect populations like ours, especially with all the criticisms that have been heaped on him lately. As he triangulated and checked off boxes in his State of the Union, the President was, I am sure, factoring Latinos into everything he spoke about last night.

For those looking for a strong statement in support of comprehensive immigration reform, the speech was a big disappointment. The President explained that, "we should continue the work of fixing our broken immigration system, to secure our borders, and enforce our laws, and ensure that everyone who plays by the rules can contribute to our economy and enrich our nations. In the end, it's our ideals, our values that built America, values that allowed us to forge a nation made up of immigrants from every corner of the globe, values that drive our citizens still." That was it.

On civil rights, the President pointed out that, "We find unity in our incredible diversity, drawing on the promise enshrined in our Constitution, the notion that we're all created equal, that no matter who you are or what you look like, if you abide by the law, you should be protected by it, if you adhere to our common values, you should be treated no different than anyone else . . . We must continually renew this promise. My administration has a Civil Rights Division that is once again prosecuting civil rights violations and employment discrimination . . . We finally strengthened our laws to protect against crimes driven by hate." That was it.

But on the big picture issues, the questions are how do they impact on the Latino community and how will the Obama Administration engage our community in addressing them. His big theme was job creation and getting across the message that he is listening to the American people on jobs as the priority issue. He outlined a number of tax breaks, investments in education and use of the stimulus monies to create new jobs, recognizing that "these steps won't make up for the 7 million jobs that we've lost over the last two years." Latinos, by the way, are disproportionately represented among those 7 million.

One of the President's main messages was to demonstrate how he would be distancing himself from Wall Street and connecting more with Main Street. His call for fees for the biggest banks to recover the federal bailout funding received a standing ovation, as did his plan to use $30 million that the Wall Street banks have repaid to get community banks to make more loans to small businesses and his call for serious financial reform.

But there was a contradictory quality to the various initiatives the President outlined. He proposed new programs that would require new spending, while at the same time saying that he is "prepared to freeze government spending for three years." The President also threw in a number of initiatives that looked like caving in to his opposition. Tax cuts, "pay as you go" legislation, building nuclear power plants, investing in clean coal, and so on. He announced the ending of the Iraq War by August, one the one hand, and the ramping up of the Afghan War, on the other.

The State of the Union also spoke to efforts to thwart terrorism, comprehensive climate and energy legislation, plans to double exports, the recommendations of his middle class task force, transparency of Congressional earmarks, and even mentioned his continued support for passage of the health insurance reform legislation.  

In terms of the politics, the President used this speech to reposition himself differently with the Republicans. He, in the mold of Bill Clinton, sought to co-opt some Republican programs, as well as trying to push Republicans into a corner on issues such as taxing the banks, financial reform, and on the most popular aspects of health care reform. The political paralysis engendered by the filibuster was also highlighted by the President in an attempt to put additional pressure on the Republicans to cooperate.

On both the policy and political aspects of the State of the Union, the Latino community faces many challenges. By being treated publicly like a mistress by the President, Latinos remain almost invisible in these policy debates. This means relying on indirect routes to participation with the Obama Administration and the Congress, and being in the unenviable position of having to trust the President and Congressional leaders when there has been so little to show for doing so in the past. This also means continuing to rely on an "insider" approach to politics in the beltway, while all the Latino base in the barrios and communities throughout the country (and Puerto Rico) see are political stalemates, corruption and secrecy (can you see secrecy?).

This President has appointed the greatest number of Latinos to senior positions in the White House and the rest of the federal government of any President. On the policy issues raised by the President, how will these Latinos within the Administration be working and organizing themselves to assure that the needs of our community are being seriously addressed? At 8 percent, Latinos are probably the most underrepresented community in federal government employment, and so our presence in day to day policy making and implementation in Washington, DC is severely limited. Can the Latino political appointees find ways to compensate for this lack of presence?

On the politics, will the President give some priority to including the Latino leadership in the development of strategies at the highest level, or continue to dole out generalities through a series of teleconferences and "briefings"? What role will the Democratic Party be playing to assure the Latino community that it is no longer taking it for granted? But, most importantly, what will the Latino political and civic leadership be doing to make sure that our community's voices are heard loud and clear by President Obama and Congressional leadership?

If the level of the discussion on these questions at the recent highly regarded 2010 Latino State of the Union forum by the Mexican American Legal Defense and Educational Fund (MALDEF) is any indication, we may not be quite ready for primetime yet. If that's the case, then we could be blowing a historic opportunity for change big time.

Angelo Falcon is president of the National Institute for Latino Policy (NiLP). He can be contacted at afalcon@latinopolicy.org.

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Florida Commits to Provide Effective Communication for Deaf and Hard-of-Hearing Persons

The Florida Department of Children and Families (DCF) will provide qualified sign language interpreters as required by federal law to deaf and hard-of-hearing persons using its programs and services across the state under a Settlement Agreement reached with the U.S. Department of Health and Human Services (HHS).

An HHS Office for Civil Rights (OCR) investigation found that the State violated Federal discrimination laws when it failed to provide interpreters to deaf persons in critical situations, such as during child protective services investigations, and during treatment in State mental health facilities.  Access to quality health care and social services programs are directly dependent on effective communication.

DCF employs approximately 14,000 persons statewide to deliver a variety of health and human services programs, including adoption, child and adult protective services, and Temporary Assistance for Need Families (TANF), as well as mental health and substance abuse treatment facilities and services.  These programs and services are available to an estimated total state population of 3 million deaf or hard-of-hearing residents. 

"State agencies have a legal obligation to ensure that qualified interpreters are available for effective communication with deaf or hard-of-hearing persons," stated OCR Director Georgina Verdugo.  "This is a strong, comprehensive agreement that will benefit individuals and families throughout Florida."

The State agreed.  "Florida's Department of Children and Families is committed to becoming a state leader in the delivery of services to Floridians who are deaf and hard-of-hearing.  With the assistance of the Florida Coordinating Council for the Deaf and Hard-of-Hearing, the Department can achieve this goal and make necessary improvements that will be successful and long-lasting," said DCF Secretary George H. Sheldon.

A copy of the Settlement Agreement and OCR's Letters of Findings can be found at http://www.hhs.gov/ocr/civilrights/activities/agreements/index.html.  For more information about OCR's civil rights enforcement activities, see http://www.hhs.gov/ocr/civilrights/activities/index.html.  The OCR webpage also includes many resources on effective communication for deaf and hard of hearing persons at http://www.hhs.gov/ocr/civilrights/resources/specialtopics/hospitalcommunication/index.html.

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The President of the United States of America is the head of state of the United States. Under the U.S. Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces. The United States was the first nation to create the office of President as the head of state in a modern republic. Today the office is widely copied all over the world in nations with a presidential system of government.

While the U.S. President is both head of state and head of government, in other government systems, the head of government may be a prime minister and a separate head of state may be a monarch (king or queen).

The 44th and current President of the United States is Barack Obama. His term will end in 2013.

Requirements to Hold Office
Section One of Article II of the U.S. Constitution establishes the requirements one must meet in order to become President. The President must be a natural-born citizen of the United States, be at least 35 years old, and have been a resident of the United States for 14 years.

Election
Presidential elections are held every four years. Presidents are elected indirectly, through the Electoral College. The President and the Vice President are the only two nationally elected officials in the United States. (Legislators are elected on a state-by-state basis; other executive officers and judges are appointed.)

Originally, each elector voted for two people for President. The votes were tallied and the person receiving the greatest number of votes (provided that such a number was a majority of electors) became President, while the individual who was in second place became Vice President.

Amendment XII in 1804 changed the electoral process by directing the electors to use separate ballots to vote for the President and Vice President. To be elected, a candidate must receive a majority of electoral votes, or if no candidate receives a majority, the President and Vice President are chosen by the House of Representatives and Senate, respectively, as necessary.

How it Works
The modern Presidential election process begins with the primary elections, during which the major parties (currently the Democrats and the Republicans) each select a nominee to unite behind; the nominee in turn selects a running mate to join him on the ticket as the Vice Presidential candidate. The two major candidates then face off in the general election, usually participating in nationally televised debates before Election Day and campaigning across the country to explain their views and plans to the voters. Much of the modern electoral process is concerned with winning swing states, through frequent visits and mass media advertising drives.

For more information on this topic, please visit Ben's Guide to U.S. Government for Kids web page on the President.

State of the Union
The President is required by the Constitution to give Congress a State of the Union, which is a report that addresses a President's legislative proposals and other plans for the country. There is no requirement about what form or how often the report shall be presented. However, it is now normally given annually in the last week of January.

In the past the report has been given in speech form in front of Congress or in written form and sent to Congress. Since 1982, the President has given these reports live in speech form in front of Congress. Normally, a president does not give this address until after the first year in office.

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Lucas,

Did you hear?

The Supreme Court has put our democracy up for sale. But we're fighting back.

Please join me TOMORROW, Tuesday, January 26, at 1 p.m. EST for an urgent online presentation.

REGISTER NOW

I'll discuss last week's disastrous decision in the Citizens United v. Federal Election Commission case, in which the court ruled that the First Amendment allows corporations to spend as much money as they want attacking or promoting candidates for political office.

I'll outline Public Citizen's campaign to preserve democracy for actual people, including our grassroots mobilization for a constitutional amendment to prevent the First Amendment from being distorted to provide cover for a corporate takeover of our electoral process.

And I'll answer your questions.

We have only 1,000 "seats" for this special live webinar tomorrow at 1 p.m. EST.

REGISTER NOW

Corporations are not people. Corporations should not have the same rights as people. And corporations certainly should not have more influence over our elections than We, the People.

Thank you for all you've done to help Public Citizen fight corporate power and stand up for the American people. I look forward to talking with you tomorrow.

Robert Weissman, President

P.S. Don't miss this special online presentation at 1 p.m. EST this Tuesday, January 26. Register now - it takes less than a minute!

Posted by Lucas A. Ferrara, Esq. at 4:30 PM | Permalink | TrackBacks (0) | Comments (0)

Lucas,

A mouth to form words. Fingers to hold a pen. A mind to think and express ideas.

The First Amendment was never meant for bodiless artificial entities like corporations. Corporations as we know them today did not even exist when the First Amendment was enacted.

Sign Public Citizen's petition for a constitutional amendment to preserve free speech for actual human beings.

And help the campaign reach critical mass by forwarding this email to friends, family, neighbors and coworkers.

The campaign is already working. The corporate shills at The Examiner newspaper in Washington, D.C., singled out Public Citizen in a column lambasting us for "calling for a constitutional amendment to limit freedom of speech." Not surprisingly, they got it wrong.

Public Citizen is fighting to save the First Amendment. Public Citizen is fighting to make sure that the First Amendment protects the people and the press, the way it was intended. Public Citizen is fighting to keep the First Amendment from being distorted to provide cover for a corporate takeover of our electoral process.

Yesterday, the Supreme Court handed control of our elections to Corporate America.

Join our grassroots mobilization to restore democracy to We, the People.

It will take hundreds of thousands of us to fight the corporate takeover. Please forward this email to everyone you know.

Corporations are not human beings. Corporations should not have the same rights as human beings.

Please help me spread the word and build a massive movement to save our democracy.

Forward this email. Join the campaign.

Thank you.

Robert Weissman, President

Posted by Lucas A. Ferrara, Esq. at 11:00 AM | Permalink | TrackBacks (0) | Comments (0)

Lucas --

If you've been listening to the pundits since Tuesday's election, you'd think that what happened in Massachusetts was a repudiation of progressive policies.

That couldn't be farther from the truth. It's important to learn from our mistakes, but let's make sure we learn the right lesson.

Scott Brown defeated Martha Coakley because of an enthusiasm gap -- Democratic and progressive Independent voters stayed home in huge numbers because they just weren't excited enough about electing another Democrat to make it to the polls.

National Stonewall Democrats' mission is electing pro-equality Democrats and then holding them accountable to their promises and their progressive roots -- the very things that make Democratic voters excited.

We need strong, grassroots organizations of LGBT Democrats -- like the Stonewall Democrats chapters already spread across the country -- in every Congressional District to make sure that our next Democratic majority is also a pro-equality majority.

In short, we need to build a more perfect party. Can you join us?
https://stonewalldemocrats.ngphost.com/moreperfectparty

To build a more perfect party, we need to elect more proactive pro-equality Democrats. We need to know where every Democrat stands on every issue, and work to move those that aren't with us yet. We need more representation in the Party structure to ensure our voices are heard. We need a stronger party platform on our issues, since our platform informs the bills that become laws. And we need more Stonewall Democrats around the country doing the hard work that puts more and better Democrats in office.

Please give $250, $100, $50, or whatever you can, to help us elect more pro-equality Democrats to office, then hold them accountable once they're there.

Looking forward to the fight,

Michael Mitchell

Posted by Lucas A. Ferrara, Esq. at 3:00 PM | Permalink | TrackBacks (0) | Comments (0)

On Sunday, Robert Knakal (of Massey Knakal Realty Services) posted this article to his blog:

Do Politicians Understand the Banking Industry?

Last week, the president announced a new "Financial Crisis Responsibility Fee" (they didn't dare call it a tax!) to be paid by the largest banks in order to recover expected losses from the Troubled Asset Relief Program. Welcome to yet another chapter in the year-long crusade by legislators to revive private sector business by vilifying, assailing and soaking it.

The banking industry is a critical element of our commercial real estate market and we have been negatively affected by the disappearance of many of the large commercial and money center banks from our lending market for nearly two years now. For this reason we must look carefully at how Washington deals with these companies.

The president is asking for large banks, thrifts and insurance companies, those with assets in excess of $50 billion, to foot the bill for all TARP losses. This would be done through the implementation of a 15 basis point tax on the liabilities of the banks, less Tier 1 capital, or high quality capital such as common stock, disclosed and retained earnings and capital which carries FDIC guarantees. It is expected that about $100 billion will be raised over 10 years from the new tax.

This proposed tax will surely pass in the House. Whether it passes in the Senate, or is even constitutional, is another story.

One of the problems with this tax is that it does not take into consideration that banks were not the only recipients of TARP money. The auto industry, Fannie Mae and Freddie Mac (and a program to help homeowners avert foreclosure), and AIG also received funds from TARP. In fact, most of the banks have repaid their TARP money, including almost $20 billion in interest, and most of the losses are expected from the auto industry and AIG.

Some of the banks reluctantly took this money in the first place. Had they known, at the time, that their compensation would retroactively be scrutinized and capped and that their obligations would amount to joint and several liability, I doubt they would have signed up if they did not absolutely have to.

There are a couple of aspects of the TARP that we must consider. First, the capital doled out was in the form of "investments", not corporate welfare or entitlement payments which the taxpayer never intended to get back. As it has turned out, some of these investments were sound, and some not so much.

Why should those in whom sound investments were made be forced to pay for those that the government was ill-advised to invest in?

Second, taxpayers were acting in their own interests in bailing out the system. They weren't doing anybody a favor. Money wasn't "spent" to bailout the banks. Taxpayers merely traded one claim for another, trading dollars for claims on real assets such as housing, commercial property, industrial equipment and corporate equity. The value of these assets had been depressed further than economics would dictate out of the fear that the taxpayer wouldn't intervene. Taxpayers acquired these assets on a bet that asset value would increase simply based upon their intervention. In most cases they were correct.

In fact, the Fed now has a balance sheet about the size of Citigroup's and, last week, reported gigantic profits of $52 billion for 2009. This is only slightly less than Wall Street reported as a whole. This throws interesting light on the president's comments that the new tax must be imposed to "recoup" bailout costs.

But why single out the banks, which are showing the Treasury a handsome profit on its TARP investments? Are politicians now the judge and jury when it comes to attributing liability for the financial crisis? How many times have you heard officials say, "Wall Street caused this mess?"

It is dangerous for the U.S. to have politicians determine culpability and then use tax policy to penalize those who they indict without even going through a formal process.

There are many industries which had a hand in the crisis. It would be easy to point to the policies of many administrations which sought to increase the homeownership rate in the U.S. This exerted pressure on the GSEs to relax requirements which inflated housing bubbles  (Many believe this was the underpinning of most of the crisis. Most of the CDOs and derivatives which became toxic were based upon housing policies). In the early 2000's, there were concerns that Fannie and Freddie were spiraling out of control. Barney Frank was outspoken about how they should be left to do what they were doing. How would Mr. Frank feel if the next administration raised his personal tax rate to 75% due to his contribution to the crisis?

Last week and again this week, we will hear about strong earnings from Wall Street firms and the customarily large bonuses which move in tandem with these earnings. These have caused resentment from Washington, which can't connect the dots to see that the elimination of two giant competitors (Lehman and Bear) and, more importantly, their highly accommodative monetary policy is the main reason for the earnings. And yes, it is the administration's monetary policy, not the Fed's. Presumably, the White House approves of the Fed's monetary stance or they would not have proposed Chairman Bernanke for another term.

This tax is all about politics, not about TARP repayment. Why are the automakers exempt? Why not consider a tax on General Motors, Chrysler and their unions? The automakers were the worst "investment" the government made and will likely be the largest source of TARP's projected $68 billion in losses. These losses will stem from the political decision to restructure rather than liquidate GM and Chrysler which filed for bankruptcy protection last year.

The largest beneficiary of the car companies' bailout was arguably the United Auto Workers Union which emerged with a far better deal than did bondholders and other senior secured creditors. The losses on TARP investments are compounded by the unaltered pension plans for union members. In a typical bankruptcy, a 10-year, $40 billion pension obligation would be reduced to about $10 billion or eliminated altogether. Add $30 to $40 billion to the taxpayer's tab for this benefit and you really have to question the advisability of saving these companies, particularly when looking at their financial forecasts moving forward. They did, however, support the president in his election run, so there you have it. Throw in a juicy exemption from the additional taxing of their "Cadillac" healthcare plans for good measure!

So the administration goes after the banks because it is politically favorable. Do they really think this tactic will work economically? What is likely to happen if this tax is passed by Congress?:

1) It will exert even more disincentive for banks to lend. They will have less capital available to lend and the loans they do make would be subject to this tax. This flies completely in the face of the administration calling for banks to lend more to businesses. It would also be a setback for our real estate capital markets.

2) It would create a disincentive for banks to merge for fear of going over the proposed or amended asset threshold. Mergers are effective strategies, particularly in difficult times. This would also reduce the number of bidders the FDIC would see at their sales of banks they take over.

3) It could threaten U.S. bank's ability to compete with overseas rivals which are not subject to the tax.

4) Some of the banks may try to avoid part of any tax by selling more brokered deposits in the wholesale market. If that happens, traditional commercial banks and the FDIC will not be pleased.

5) It is likely that the new tax would simply be passed along to consumers in the form of higher ATM fees or the like.

Jumping on the "Banker bonuses are too high" and "Make the big bankers pay" bandwagon is simply an attempt to gain political favor. The president suffers from the worst approval ratings and highest disapproval ratings a U.S. president has seen after 1 year going back to Jimmy Carter.

What Mr. Obama and others apparently fail to understand is that banks' own shareholders benefit from these huge performance bonuses. The bonuses are typically tied to those who make large profits for their employers. Burst of outrage from politicians or even grilling bank CEOs in front of a congressional hearing will do little to impact this system. Bonuses may consist of more stock than cash today but the amounts are still high. The public has been giving the banks credible and convincing votes of confidence all year by bidding up the value of their shares. It cannot seriously be argued that investors are ignorant of bonus arrangements.

If Congress really wants to change the behavior of banks, they must convey that no bank is too-big-to-fail. This implicit guarantee keeps risk taking high and will cause a focus on the short-term as opposed to the long-term. The $50 billion litmus test is not the right answer either. CIT, an entity with over $50 billion in assets, just went through bankruptcy and, by any objective reckoning, there were no systemic consequences. The new $50 billion tax level has lowered the bar and increased the scope of future bailouts by drawing a wider circle around firms that can gamble with implicit federal backing. Do politicians really think about the ramifications of their positions before they publically announce their ideas?

Coming up with a plan that allows failure is, no doubt, hard work. Perhaps reintroducing Glass Steagall or a similar platform which separates traditional banking from hedge-fund trading. Perhaps the answer is what a bipartisan Senate effort is considering; the creation of a special bankruptcy court to decide whether an institution should go through bankruptcy or be subjected to an FDIC resolution process.

Another idea to reduce the moral hazard of too-big-to-fail would be to restore long-ago limits on leverage. For instance, eliminate the corporate income tax for financial companies and replace it with a tax on assets that rises with the bank's leverage ratio. There could be a tax-free zone at leverage levels below present regulatory standards. Margin requirement reforms could also be a component of this platform.

If a bank is truly too-big-to-fail, it should be dismantled into smaller pieces that the economy can digest. Simultaneously, the government should make it clear that it will allow these institutions to fail.  This would do more to enhance the integrity of the risks that are taken, and the compensation that is given,  much more than any punitive tax policy would.

Mr. Knakal is the Chairman and Founding Partner of Massey Knakal Realty Services in New York and has brokered the sale of over 1,050 properties in his career.

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)

During the course of his criminal trial, Troy Hendrix lept onto a nearby table and lunged for the judge. When a court officer intervened, a melee ensued. (Once he was subdued, Hendrix was found to have two handmade knives in his possession.)

After the Kings County Supreme Court granted a mistrial, and excluded Hendrix from his second trial, he was convicted of murder in the first degree (two counts), kidnapping in the first degree (two counts), rape in the first degree, and sodomy in the first degree, and appealed the outcome to the Appellate Division, Second Department.

While our Federal and State Constitutions guarantee a right to be present in the courtroom during one's trial, that entitlement may be lost when an individual shows abject disrespect or disdain for the judicial process and disrupts the proceedings.

In this instance, the AD2 thought Hendrix forfeited his right to be physically present, particularly given his violent temperament. (In other words, there was no error in requiring Hendrix to monitor his trial via an audio and video hook-up.)

Was that all a Purple Haze?

To view a copy of the Appellate Division's decision, please use this link: People v. Hendrix

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

Today the U.S. Supreme Court issued a vastly destructive ruling in Citizens United v. FEC.  It struck down laws prohibiting corporations and unions from directly spending in elections, overturning policies and doctrines that date back to Theodore Roosevelt's administration in 1907. 

This decision may well have a bigger impact than Tuesday's election result. And it represents the most aggressive intervention into politics by the Court since Bush v. Gore.

Here is our first analysis, from the New York Times website.  Watch for our op-ed in tomorrow's Washington Post.

Also, Brennan Center counsel Monica Youn will be discussing the opinion this evening on PBS' "Newshour."  We hope you will watch.

We were deeply involved in this litigation, and now are working with others to point a way forward.  It is clear that government is broken -- and this decision makes it harder to repair. But we must fix our dysfunctional politics if we are to have a chance to solve the country's problems.

Please let us know if we can answer any questions -- we are eager to hear your thoughts.

Michael Waldman
Executive Director
Brennan Center for Justice at NYU School of Law

www.brennancenter.org

Posted by Lucas A. Ferrara, Esq. at 6:00 PM | Permalink | TrackBacks (0) | Comments (1)

On Thursday, January 14, 2010, at 6pm NYC Media and the New York City Commission on Human Rights, in collaboration with the Apollo Theater Education Program, will present a free screening of Fighting for Justice: New York Voices of the Civil Rights Movement followed by a panel discussion at the legendary Apollo Theater in celebration of Martin Luther King, Jr. Day.

Fighting for Justice Screening
Description: Fighting for Justice profiles two New Yorkers, Esther Cooper Jackson and Clifford Alexander, whose contributions helped pave the way toward progress for equal justice for African-Americans, and whose stories begin to tell about New York City's formative place in the national Civil Rights movement.

Panel discussion
Opening remarks: Patricia L. Gatling (Commissioner and Chair, NYC Commission on Human Rights), Katherine Oliver (President, NYC Media), Jonelle Procope (President, Apollo Theater), and Howard Dodson (Director, Schomburg Center for Research in Black Culture)

Moderator: Keith Brown (senior vice president of news and public affairs, BET Networks)

Panelists:
Esther Cooper Jackson - Civil Rights activist, former managing editor and co-founder Freedomways
Clifford L. Alexander, Jr. - Counsel to President Lyndon B. Johnson during passage of Civil Rights legislation
Dr. Clarence Taylor - Professor of History, Black and Hispanic Studies Department, Baruch College and the Graduate Center, CUNY
Dr. Martha Biondi - Associate Professor of African American Studies and History, Northwestern University
Shola Lynch - Filmmaker, Chisholm '72: Unbought & Unbossed

The evening will also include a special performance by the C3 Youth Choir from the Christian Cultural Center (Rev. A. R. Bernard, pastor).

"Fighting for Justice explores the important issues of racism and discrimination and the Civil Rights Movement that fought them," said NYC Human Rights Commissioner Patricia L. Gatling. "On the eve of Dr. King's birthday, the Commission is launching an online Civil Rights museum with short films and various supporting materials. The films are available on the City's website www.nyc.gov and preserve stories of individuals whose efforts contributed to NYC's central role in the Civil Rights Movement. We are extremely grateful to our partner, NYC Media, and also to the Apollo Theater and Tiger Baron Foundation for their financial support."

"NYC Media is committed to bringing New Yorkers content that is relevant and informative to their lives as well as showcasing our City's rich and diverse history," said President of NYC Media Group Katherine Oliver. "We're thrilled to partner with the NYC Commission on Human Rights for this noteworthy project and are grateful to the Apollo Theater for their support in this effort."

"We are proud to collaborate with NYC Media and the New York City Commission on Human Rights on this project," said President & CEO of the Apollo Theater Foundation, Inc., Jonelle Procope. "Aside from the Apollo's rich history as a cultural icon, it is also a treasured resource in Harlem and remains dedicated to serving the surrounding community in various capacities, including as a town hall. The Apollo stage is the perfect platform through which people can receive information about issues important to their lives."

Fighting for Justice will air on NYC life (Channel 25) on Friday, January 15 at 8pm. Check your local listings. Additional interviews will also be available online in January at www.nyc.gov/media and www.nyc.gov/cchr.

Location: The Apollo Theater, located at 253 West 125th Street between Adam Clayton Powell, Jr. Blvd and Frederick Douglass Blvd. Nearby subways include the A, B, C, D, 2 and 3. Nearby buses include the M10, M2, M100, and M60.

Note: Doors open at 5:15pm. Seating is limited and available on a first come, first served basis. Program is subject to change. The advance screening and panel is free of charge and open to the public. The Apollo Theater is fully wheelchair accessible.

RSVP: By email (events@tv.nyc.gov) or phone (212-531-5363) by Tuesday, January 12.

Posted by Lucas A. Ferrara, Esq. at 12:00 PM | Permalink | TrackBacks (0) | Comments (0)

GOVERNOR PATERSON SIGNS GENDER IDENTITY AND EXPRESSION EXECUTIVE ORDER

Executive Order Will Protect State Workers from Discrimination Based on Gender Identity

Governor David A. Paterson today signed Executive Order No. 33 that will prohibit New York State agencies from discriminating against any individual on the basis of gender identity and expression in any matter pertaining to employment by the State. Executive Order No. 33 directs the Office of Employee Relations, in consultation with the Executive Director of the Division of Human Rights, to develop and implement clear and consistent guidelines prohibiting gender identity and expression discrimination by all State agencies.

"For generations, New York has been a national leader on civil rights, yet the State has lagged far behind in securing basic civil rights for transgender New Yorkers. I am proud to sign this important measure to not only bring workforce protection to the transgender community under the law, but to bring greater equality and civil rights to the State of New York," Governor Paterson said. "From now on, transgender New Yorkers will be protected from discrimination because of who they are."

Currently, 13 states and over 90 municipalities and counties - including the City of New York - prohibit discrimination on the basis of gender identity and expression by statute, and numerous others have imposed such a ban through executive action or policy.

In addition, there is no evidence that any such statute or policy has undermined in any way the functioning of a workplace, and to the contrary anti-discrimination practices are important tools to attract and retain competent and effective employees.

As a longtime civil rights activist, Governor Paterson has supported the LGBT community throughout his public service career, in addition to his support of marriage equality. Shortly after taking office in 2008, the Governor issued a memorandum directing State agencies to afford recognition to same-sex couples legally married outside of New York to the full extent permitted by law. In 2007, he walked the floor of the New York State Assembly in support of the marriage equality bill.

The following statements were provided in support of Executive Order No. 33:

Senate Majority Conference Leader John L. Sampson said: "For too long, transgender New Yorkers have been denied the basic rights and legal protections others enjoy. Today, New York joins a proud chorus of states, cities and counties across the country who are standing up for the transgender community by prohibiting baseless and inexcusable discrimination. I applaud Governor Paterson for his leadership on this issue and commitment to the civil rights and equal rights movement."

Assembly Speaker Sheldon Silver said: "By signing an executive order today banning discrimination by state agencies based on gender identity, Governor Paterson has made it unmistakably clear that New York has zero tolerance for discrimination. He has joined with the Assembly Majority, which has consistently supported equal rights, equal benefits and privileges, and equal protection under the law for all New Yorkers including members of the LGBT community. We hope this important step will help transgender New Yorkers to live their lives openly and without fear."

Senator Thomas K. Duane said: "Governor Paterson deserves great credit for once again demonstrating his commitment to the entire LGBT community. He has carried the cause of transgender rights very far on his own today by prohibiting discrimination on the basis of gender identity or expression for employees of New York State agencies. Now, we must redouble our efforts to pass The Gender Expression Non-Discrimination Act (GENDA), which would ban discrimination against transgender and gender non-conforming people across New York State in housing, employment, credit, public accommodations, and other areas of everyday life. I have been pushing for this measure since 2002 when then Senate Minority Leader-Paterson and I fought for its inclusion in The Sexual Orientation Non-Discrimination Act (SONDA) and we will not stop working until equal protection under the law is a reality for all New Yorkers."

Assemblyman Richard N. Gottfried said: "Governor Paterson knows that working for the people means all the people, including transgender New Yorkers. His executive order will protect State government employees against discrimination in their workplace and help lead the way for enacting GENDA - the Gender Expression Non-Discrimination Act - which would extend New York's anti-discrimination laws to protect transgender people."

Assemblywoman Deborah Glick said: "I congratulate and thank Governor Paterson for signing this executive order to end discrimination on the basis of gender identity and expression. The modern gay rights movement began with the Stonewall Riots in 1969, and members of the transgender community played a key role in that rebellion. While we have gone on to see many anti-discrimination laws enacted, the transgender community continues to face more discrimination and the most severe hate violence. This is a significant signal that New York State will not tolerate bias."

Assemblyman Micah Z. Kellner said: "Discrimination against the transgender community - and against people that may not identify as such, but don't look the way people expect them to - is unacceptable, but all too common. In this difficult economy, workers have enough problems without having to worry that they could lose their job due to bigotry without legal recourse. I am proud to stand next to Governor Paterson today and be part of this important announcement that protects our state employees. Soon, I hope the Gender Expression Non-Discrimination Act (GENDA) will pass both houses of the legislature, so that all New Yorkers may enjoy these protections."

Assemblyman Daniel O'Donnell said: "I applaud Governor Paterson for taking bold action to ensure that transgender individuals have additional protection against discrimination. No person should be denied employment or harassed on the job because of gender identity. This policy will benefit not only the transgender community, but all of New York State."

Assemblyman Matthew Titone said: "Governor Paterson truly takes to heart that all people are created equal, and he has used the power of his office to ensure equal rights for all New Yorkers, including people of transgendered experience. We could all learn from the Governor's example."

New York City Council Speaker Christine C. Quinn said: "Today, Governor Paterson took an important step in extending crucial employment protections to Transgender New Yorkers. This important Executive Order will bring workforce protection to the transgender community at all state agencies. I applaud the Governor for rightfully recognizing that government must use all the tools at its disposal to ensure our citizens are protected with full civil rights, be it by statute, executive order or policy. In 2002, NYC passed the Transgender Civil Rights bill, which outlaws discrimination in NYC based on gender identity and expression in all public accommodations. We call on the NY State Senate to act now and pass the Gender Employment Non-Discrimination Act (GENDA), as a first step towards full civil rights protections for Transgender New Yorkers."

Michael Silverman, Executive Director of TLDEF, said: "Like everyone else, transgender employees deserve to be judged on their ability to do the job, and not on who they are. This executive order will ensure that hard-working transgender employees of New York State can work without fear of discrimination, and provide for themselves and their families. We applaud Governor Paterson for taking this important step for transgender equal rights, and for recognizing that transgender New Yorkers should have the chance to earn a living and provide for their families without being refused a job or fired for reasons that have nothing to do with their ability to do the job."

Alan Van Capelle, Executive Director of the Empire State Pride Agenda, said: "Now transgender New Yorkers who work for the State will no longer have to worry about on-the-job discrimination simply because of who they are. This is a big step forward for the basic civil rights of transgender New Yorkers and we are extremely grateful for Governor Paterson's leadership on this issue."

Melissa Sklarz, Director of the New York Trans Rights Organization (NYTRO), said: "Being transgender can be hard and the journey difficult. But stability can be achieved with a roof over one's head and a job to maintain it. The transgender community of New York thanks Governor Paterson for his leadership in recognizing that all New Yorkers need a stable workplace to create stable lives. Perhaps the legislature can follow his lead and pass GENDA to provide all trans New Yorkers basic civil rights and a legal identity."

Pauline Park, Chair of the New York Association for Gender Rights Advocacy (NYAGRA), said: "Governor Paterson has taken an important step in helping members of the transgender community secure full legal equality under state law in New York, and we applaud him for this historic executive action. In extending protections from discrimination based on gender identity or expression in State employment, the Governor creates momentum for enactment of the Gender Expression Non-Discrimination Act (GENDA). We in NYAGRA call on the State Senate to follow the Governor's lead and take action on GENDA now.

Posted by Lucas A. Ferrara, Esq. at 2:30 PM | Permalink | TrackBacks (0) | Comments (0)

Some of the freedoms and rights protected in the Bill of Rights include:

• Freedom of religion
• Freedom of assembly
• To keep and bear arms
• Freedom of speech
• Freedom of the press
• Protection for those accused of crimes

The original paper copy of the Bill of Rights is currently kept and may be viewed at the National Archives Building in Washington, D.C.

The Bill of Rights Day is celebrated every December 15. You may also wish to view information on the Constitution Initiative and Constitution Day.

Posted by Lucas A. Ferrara, Esq. at 9:00 AM | Permalink | TrackBacks (0) | Comments (0)

Efrain Suarez, a prison inmate, sued the State of New York claiming prison personnel were negligent in failing to address problems with his bed and that their unwillingness to address the situation -- and to attend to his medical needs after his fall -- violated his "civil rights."

When the Court of Claims granted the State's dismissal request, Suarez appealed to the Appellate Division, Third Department, which affirmed the lower court's decision.

Apparently, Suarez was unable to show the State was responsible for his injuries. (Suarez couldn't show that he -- or someone else -- hadn't caused the mishap.)

Looks like the poor guy took yet another fall.

To view a copy of the Appellate Division's decision, please use this link: Suarez v. State of New York

Posted by Lucas A. Ferrara, Esq. at 8:25 AM | Permalink | TrackBacks (0) | Comments (0)

RALLY and MARCH

for MARRIAGE EQUALITY

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)

STATEMENT FROM GOVERNOR DAVID A. PATERSON

"It is always darkest before the dawn. The darkest day in the history of the American civil rights movement was in 1857 when the Supreme Court ruled against Dred Scott, making slavery legal north of the 36th parallel. That was the darkest day for the abolitionists. But when we look back in history, we forget that this was only five years before the signing of the Emancipation Proclamation in September of 1862.

"I understand the anger; I understand the frustration; I understand the feeling of betrayal; and I understand the profound disappointment of those who came to Albany today thinking they could get married tomorrow. But I am also here to tell you that we are not back to square one.

"Governors don't come to the Senate floor after losing a vote. This one does, because this is a fight that is bigger than one legislative vote. This is a civil rights issue. Marriage equality is as important as the emancipation of any group from oppression and the granting of equal rights to any community.

"I believe in my heart that if people had voted their consciences today, we would be celebrating marriage equality tonight. That did not happen. As disappointed as we are today, let's get up tomorrow and redouble our efforts. We are going to lay the foundation to make people feel comfortable to vote their conscience and not fear political backlash.

"Now we know who we have to talk to. We are going to quash the intimidation; we are going to alleviate the pressure; we are going to move this issue back to the floor of the Senate and we are going to have marriage equality in New York State and equal rights for everybody."

 # # #

Photo: December 2, 2009 - Governor Paterson along with Senator Thomas K. Duane on the Senate floor after lawmakers reject the marriage equality bill 38-24

Posted by Lucas A. Ferrara, Esq. at 4:00 PM | Permalink | TrackBacks (0) | Comments (0)

STATEMENT OF MAYOR BLOOMBERG ON SENATE VOTE ON SAME SEX MARRIAGE

Posted by Lucas A. Ferrara, Esq. at 2:00 PM | Permalink | TrackBacks (0) | Comments (0)

Posted by Lucas A. Ferrara, Esq. at 10:00 AM | Permalink | TrackBacks (0) | Comments (0)