Date: Wed, 02 Feb 2000 16:28:03 -0800 From: Jean Richter Subject: 2/2/2000 P.E.R.S.O.N. Project news 1. CA: Judge to rule soon on El Modena GSA injunction 2. NV: Lawsuit filed against Reno school district 3. NY: Buffalo school board passes nondiscrimination policy ========================================================================= LOS ANGELES TIMES, January 27, 2000 Times Mirror Square, Los Angeles, CA, 90053 (Fax 213-237-7679 or 213-237-5319 ) (E-MAIL: letters@latimes.com ) ( http://www.latimes.com ) Judge Hopes Gay Club Issue Reaches High Court As hearing ends, he says the matter will recur until a definitive ruling is made. Decision in El Modena High case to be made Feb. 4. By JEFF GOTTLIEB, Times Staff Writer After hearing three days of testimony on whether a club for gay students should be allowed to meet on a high school campus, a federal judge said Wednesday he hopes the case will be appealed regardless of how he rules and eventually will go before the U.S. Supreme Court. U.S. District Judge David O. Carter said the issue before him will continue to crop up and that the high court should make a definitive ruling. [Deleted article. filemanager@qrd.org] ================================================================================ From: dreznik@lambdalegal.org Reply-To: lambdalegal@lambdalegal.org Subject: Lambda to Sue Reno School Officials for Failing to Protect Gay Student (Teleconference) To: lambdalegal@lambdalegal.org Date: Thu, 27 Jan 2000 17:31:47 -0500 =========================================== LAMBDA LEGAL DEFENSE AND EDUCATION FUND www.lambdalegal.org News Advisory ============================================ FOR IMMEDIATE RELEASE: Thursday, January 27, 2000 Contact: Jon W. Davidson 323-937-2728 x 228 Doni Gewirtzman 212-809-8585 x 242 Peg Byron 212-809-8585 x230, 888-987-1984 (pager) ============================================ Lambda to Sue Reno School Officials for Failing to Protect Gay Student Teleconference call on Friday, January 28, 12:00 noon PST (LOS ANGELES, January 27, 2000) -- Opening a new front in the struggle to stop widespread mistreatment of lesbian and gay students in public schools, Lambda Legal Defense and Education Fund said Thursday that it is suing school administrators in Reno, Nevada, for allowing years of merciless abuse to drive a gay student from completing high school. With a teleconference discussion Friday, January 28, Derek Henkle and Lambda Supervising Attorney Jon W. Davidson will announce the lawsuit against Washoe County School District officials who failed to protect Henkle and violated his constitutional rights. To be filed in United States District Court in Nevada on Friday, Derek Henkle v. Ross Gregory, et al. seeks a high school diploma as well as compensatory and punitive damages for Henkle. "What we have here is a school district's complete abdication of its responsibility to protect all young people in its care," said Davidson. He added, "Unfortunately, the problem of harassment against gay youth is epidemic in schools across the country. This lawsuit will show that there is a heavy price to pay for allowing students to live in fear and suffering because of anti-gay abuse." Added Henkle, now 19 and living in Atlanta, "It was a nightmare to be bounced from school to school while other students tortured me and administrators made me feel it was my fault. I think that it is an absolute shame that this kind of abuse is allowed to happen to gay students every single day in schools across the country." The lawsuit charges the principals and administrators at Galena, Washoe, and Wooster High Schools, with violating the constitutional guarantee of equal protection because they refused to act decisively against the anti-gay harassment. The case builds from a 1996 Lambda victory, Nabozny v. Podlesny. After a jury verdict for the plaintiff, school officials in Ashland, Wisconsin, agreed to pay nearly $1-million for ignoring the beatings and abuse suffered by another gay youth, Jamie Nabozny. Since the Nabozny case, lesbian and gay students have filed similar lawsuits in California, Massachusetts, New York, Washington, and elsewhere, focusing national attention on the severe problem of violence and harassment directed at lesbian and gay teenagers in schools. The Henkle case breaks new legal ground with its charge of first amendment violations by school officials who forced Henkle to hide his sexual orientation. Also, the case raises state tort law claims of negligence and infliction of emotional distress, and seeks punitive damages against school officials, including a school teacher, who tolerated anti-gay abuse. Said Henkle, "Even after I repeatedly asked for help, none of the adults cared enough to try to stop the violence and daily taunts and threats. I hope my lawsuit will mean that no other gay students will ever have to go through what I did for almost three years." As administrators ignored vicious rumors and anti-gay slurs, the abuse quickly escalated to threats of violence, bullying, and physical attacks that followed Henkle through three separate high schools. At Galena High School, two boys threw a lasso around Henkle's neck and threatened to drag him from their pick-up truck. Later, at Wooster High School, school police officers stood by and watched a student repeatedly punch Henkle in the face. At Washoe High School, the principal warned Henkle against "acting like a fag." Yet, his numerous complaints were largely ignored. Often, Henkle himself was treated as the problem, with school officials shuffling Henkle from school to school or suggesting that Henkle should expect violence because he is openly gay. Despairing of his chances for a safe education in the school district, Henkle, then only 16 years old, was forced to enroll in adult education classes where a high school diploma could not be obtained. Lambda Staff Attorney Doni Gewirtzman, who also is involved in the case, added, "The tragedy in all of this is that Henkle continues to pay for the humiliation and abuse he suffered even now that he's living on his own, thousands of miles away. He is a bright, young man whose future was stolen not only by the students who beat and punched him, but also by the adults who stood by and did nothing." Headquartered in New York and with regional offices in Los Angeles, Chicago, and Atlanta, Lambda is the nation's oldest and largest legal organization serving lesbians, gay men, and people with HIV/AIDS. WHAT: Teleconference call to announce the filing of a lawsuit against Reno, Nevada, school officials who failed to protect a gay student from severe beatings, harassment, and abuse WHO: Former student Derek Henkle, Lambda Supervising Attorney Jon W. Davidson, and Lambda Staff Attorney Doni Gewirtzman WHEN: Friday, January 28, 12:00 noon - 12:45 p.m. PST HOW: Call 913-661-0962; at the prompt, enter pass code 7825; Please RSVP to Lambda at 212-809-8585 if you are interested in participating in the conference call FOR MORE INFORMATION, VISIT LAMBDA'S WEBSITE AT WWW.LAMBDALEGAL.ORG ? 30 ? Click here to view Lambda's news release online. http://www.lambdalegal.org/cgi-bin/pages/documents/record?record=560 =================================== Lambda Legal Defense and Education Fund www.lambdalegal.org Western Regional Office 6030 Wilshire Boulevard, Suite 200 Los Angeles, CA 90036-3617 323-937-2728 phone 323-937-0601 fax lambdalegal@lambdalegal.org ========================================================================== From: SARATOGANY@aol.com Date: Thu, 27 Jan 2000 19:03:29 EST Subject: Buffalo Board of Education Passes Non-Discrimination Policy (SO included) To: SARATOGANY@aol.com, bdm3g@gateway.net Msg fwd by: The Coalition for Safer Schools of NYS, PO Box 2345, Malta, NY 12020 Email to: saratogany@aol.com CSS-NYS Note: Great work by ESPA many others in the City of Buffalo and Western NY. A special congratulations goes out to our list member Dr. Elizabeth "Babs" Conant, Canisius College, who has been working with the Buffalo Board of Education for more than a year. "The Actual or Perceived GLBT Student Protection Project" ========================================================= Empire State Pride Agenda Press Release Jan. 27, 2000 -------------- Press Contacts: Kate Gallivan (716) 796-2083 Matt Foreman (212) 627-0305 Gay/Lesbian Lobby Hails Buffalo Board of Education Vote on Non-Discrimination and Safe Schools Policies "A Great Step for Equal Opportunity and Safer Schools" Buffalo, New York, January 27, 2000. The Empire State Pride Agenda, New Yorks statewide gay and lesbian civil rights organization, hailed last nights unanimous vote by the Buffalo Board of Education to prohibit discrimination on the basis of sexual orientation and to adopt a broad safe schools policy that includes teaching respect for diversity. The Board voted after a public comment session at which only proponents of the resolutions testified. "This is a proud day for Buffalo," said Kate Gallivan, Buffalo resident and Co-Chair of the Pride Agendas Board of Directors. "These votes put our school system on record against discrimination and violence against lesbian and gay students and staff or who are perceived to be. We now have to work to see that these policies are implemented and enforced." The Pride Agenda organized meetings of gay and lesbian leaders, as well as a town meeting to support these policy changes. In addition, it arranged key behind-the-scenes meetings with Board and city leaders. These efforts were led by Allan Richards, the Pride Agendas western New York Field Organizer, Norman Bonk, its Buffalo Field Organizer, leaders in Buffalos gay and lesbian community, Parents and Friends of Lesbians & Gays, the NAACP, the Western New York Hispanic and Civic Friends Association and the American Jewish Committee. The Boards actions will affect New Yorks second-largest elementary and secondary public school system, with nearly 47,000 students and 3,900 faculty and staff. The nine-member Board voted to amend its current non-discrimination policies to include sexual orientation. (These sections, 0100 and 9110, previously forbade discrimination on the basis of race, color, national origin, creed, religion, marital status, sex, age, or disability.) During the Board meeting, the motion was amended to also include "socio-economic status." These policies, which are binding on all staff and students, include access by students to services and programs, as well as the appointment, compensation and promotion of employees. The Board also adopted a broad policy resolution entitled "Creating Safe Schools in a Pluralistic Society" that seeks to guarantee an "educational environment free of fear; and where differences among people, including race, creed, color, religion, marital status, national origin, gender, sexual orientation, age or disability be accepted and valued." The preamble to the resolution recognizes that because "harassment requires that the victim by dehumanized, the antidote is to replace stereotypes with accurate information and with the opportunity to meet a diverse cross section of people, face to face." To implement the resolution, the Board committed itself to developing programs to teach respect for diversity, codes of behavior, and personnel training programs. "When fully implemented, this policy will go a long way in reducing violence and harassment against students who are gay or lesbian or who are perceived to be," said Norman Bonk, the Pride Agendas Buffalo Field Organizer. "I can tell you from personal experience in our schools that this violence and harassment is real and pervasive." "We are extremely impressed with the way in which the Board handled these matters. In other parts of the state, similar efforts to combat anti-gay/lesbian discrimination have been met with hysteria and overt bigotry," said Allan Richards, a Pride Agenda Field Organizer for Western New York. He pointed to a bitter, year-long, battle in Westchester County over the creation of a Human Rights Commission. There, the opposition was almost solely focused on the inclusion of sexual orientation as a protected class. The Pride Agenda played a leading role in this struggle, which culminated in the County Legislature adopting the legislation in December, 1999, with a strong bi-partisan majority. "By embracing diversity, taking a stand against discrimination, and committing itself to eliminating prejudice from the public schools, Buffalo is showing the way," Mr. Richards said. The Empire State Pride Agenda is New Yorks statewide, non-partisan lesbian and gay political advocacy organization. Its mission is to end discrimination and prejudice on the basis of sexual orientation. With offices in Albany, Buffalo, New York City and Rochester, the Pride Agenda moves its agenda in four ways: lobbying the state legislature in Albany; electing supportive candidates to office; organizing constituent pressure; and educating the public. The organization has a full-time staff of 12 and $2.1 million budget. Facts on Anti-Gay Violence & Harassment in Schools The most recent national survey on school climates revealed that more than 90% of gay and lesbian youth regularly hear homophobic remarks in their school, words such as "faggot," dyke," or "queer." Even more alarming, the study found that more than one third of the youth surveyed reported that no one every intervened in these circumstances. More than two-thirds reported experiencing some form of harassment or violence, and almost half of those who reported verbal harassment said they experienced it daily." source: Gay, Lesbian and Straight Education Network, "National School Climate Survey: Lesbian, Gay, Bisexual and Transgender Students and their Experiences in School," New York, 1999. Teachers and counselors, whose role it is to positively guide youth are often as hostile and condemning toward lesbian and gay youth as students and peers. An alarming 66% of guidance counselors and 80% of prospective teachers express negative attitudes toward lesbian, gay, bisexual and transgender people, and 52% of prospective teachers say they would feel uncomfortable working with an openly lesbian or gay colleague. source: Sears, "Educators, Homosexuality, and Homosexual Students: Are Personal Feelings Related to Professional Beliefs?" in Harbeck, Coming Out of the Classroom Closet. New York: Harrington Park Press, 1992. Studies conducted in nine cities and three states show that one-third to one-half of lesbian and gay participants reported being victimized in junior and senior high school. This victimization extends to students who are perceived by others to be gay or lesbian. source: Pilkinton, N. and DAugelli, A., "Victimization of Lesbian, Gay and Bisexual Youth in Community Settings," Journal of Community Psychology 23: 34 (1995) Lesbian, gay, bisexual and transgender youth are two to five times as likely as their non-gay classmates to skip school because they feel unsafe, four to six times as likely to have made a serious suicide attempt in the past year that required medical attention by a doctor or nurse. source: Safe Schools Coalition of Washington, Eighty-Three Thousand Youth: Selected Findings of Eight Population-Based Studies As the Pertain to Anti-Gay Harassment and the Safety and Well-Being of Sexual Minority Students, March 1999, and GLSEN "Youth At Risk: A fact Sheet on Lesbian Gay, Bisexual and Transgender Youth (information from the federally-funded Youth Risk Behavior Surveys in Massachusetts and Vermont and the Seattle Public Schools Teen Health Risk Survey), 1997 # ================================================================================ Jean Richter -- richter@eecs.berkeley.edu The P.E.R.S.O.N. Project (Public Education Regarding Sexual Orientation Nationally) These messages are archived by state on our information-loaded free web site: http://www.youth.org/loco/PERSONProject/