Date: Mon, 31 Jan 2000 16:59:37 -0800 From: Gay & Lesbian Alliance Against Defamation Subject: GLAADLines - January 31, 2000 GLAADLines Contact: Bob Findle, GLAAD (323) 658-6775 ext. 31 findle@glaad.org http://www.glaad.org FOR IMMEDIATE RELEASE: JANUARY 31, 2000 News and Breaking Stories about the Lesbian, Gay, Bisexual and Transgender Community 1. GAY STUDENT SUES SCHOOL FOR NONPROTECTION 2. COLORADO LOSES ONE HATE-CRIME BILL, CONTINUES WITH ANOTHER 3. JUDGE COULD RULE FOR LESBIAN AND GAY STUDENTS GAY STUDENT SUES SCHOOL FOR NONPROTECTION: Derek Henkle filed a lawsuit Jan. 28 against several schools, school officials and teachers in Reno, Nev., for failing to protect him from anti-gay harassment and for violating his constitutional rights to equal protection. He is also making claims of infliction of emotional distress. Lambda Legal Defense and Educational and Education Fund is handling the suit, which is seeking a high school diploma, along with compensatory and punitive damages. Henkle said of his experience: "School for me on a daily basis was an unknown. It was a daily nightmare. It was something I was forced under Nevada law to attend every day, but not given any avenue to be safe while I was there." He said he was frequently verbally and physically attacked, to the point of there being an attempt made by several students to lasso him by the neck and drag him behind a truck. He managed to escape, but no action was taken by the school against these perpetrators. The suit claims the schools never took action against any person who harassed Henkle, even after his parents made complaints. Henkle said school officials saw him as the problem and he was moved between three schools as a solution. He also alleges school officials instructed him to hide his sexuality to avoid problems, one principal telling him to stop "acting like a fag." Jon W. Davidson, Lambda's supervising attorney, said the case is an important wake-up call to schools, which need to learn it is not OK to let lesbian and gay students be treated as punching bags. "Unfortunately, the problem of harassment against gay youth is epidemic in schools across the country," he said. Contact Davidson at 323-937-2728, ext. 228, for more information. COLORADO LOSES ONE HATE-CRIME BILL, CONTINUES WITH ANOTHER: The Colorado House of Representatives is processing House Bill 1168, which would increase penalties for violating the state's ethnic intimidation statute, replace the words "ethnic intimidation" with "hate crime" and include sexual orientation, age and disability as covered groups. The bill passed the House Judiciary Committee and now must go through the Appropriations Committee, then to a House floor vote. This is the fourth year Rep. Penfield Tate has sponsored the bill. The Democrat said he continues to push for the expansion because: "Hate crimes exist. We know they exist. What our history shows here [Colorado] is that we know people get selected to be victims because of their actual or perceived sexual orientation. Hopefully this is a way to give law enforcement an additional tool to address these sorts of criminal acts and correct them." Meanwhile, the state Senate's Judiciary Committee failed to move forward SB00-032, an identical bill sponsored by Democrat Sen. Dorothy Rupert. It was a 4-4 vote. LoriAnn Girvan, executive director of Equality Colorado, expressed disappointment that SB00-032 was not passed "This is not a new bill," she said. "This is an amendment to an existing law to include three groups the facts show are targeted for bias violence." Girvan said Colorado's lesbian, gay, bisexual and transgender community has been lobbying hard for Penfield's bill to go to the House floor. The same bill lost last year by one vote. "Regardless of what happens, it's an important victory as a measure of public awareness," she said. "It is another level of debate." Contact Girvan at 303-839-5540 for more information. JUDGE COULD RULE FOR LESBIAN AND GAY STUDENTS: Heather Zetin, 16, and Anthony Colin, 15, of El Modena High School, located in Orange County, Calif., could have the chance to start the Gay-Straight Alliance Club they have been working for. While their lawsuit against the Orange Unified School District for not permitting the club to form and meet on campus is being processed, the two also filed an injunction to allow the club to meet in the meantime. Judge David O. Carter said he will rule Friday, Feb. 4. People For the American Way (PFAW) and Lambda Legal Defense and Education Fund are representing the students. The suit claims the school district is violating the federal Equal Access Act of 1984, which forbids public schools taking federal funds to exclude noncurricular clubs if others are allowed, and the students' First Amendment rights of free speech and assembly. Kendra Huard, acting director of PFAW's California office, said of the upcoming injunction ruling: "We feel confident we gave the message to the judge he should hear, and we are glad he took the time to hear it. The preliminary injunction does evaluate the case on its merits. If he rules favorably, then that means he thinks the case has merit." Huard cautions that the judge seeing merit does not automatically mean a favorable final ruling for the students, but only that the case should be considered. If the injunction is granted, the school district could appeal for a reversal, but the club can still meet while that action is pending. Having the club actually meeting under the injunction's temporary status could strengthen the lawsuit for it to become a permanent club. Contact Huard at 310-478-6657 for more information. 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