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The Central Park Five Settle with NYC for $40 million

As detailed in this article, five men falsely convicted of the infamous Central Park rape have reached a $40 million settlement with New York City.

Amid racial tension and unrest in NYC, on April 19, 1989,  a female jogger was brutally beaten and raped in Central Park.      In efforts  to curb the city’s outrage over the horrific crime, city officials were in a frenzy to find and punish those responsible.      The night of the attack,  police received reports  of “wolf packs” made up of  black and latino teens roaming Central Park. Five teenage boys were arrested and later convicted of the crime. Then Mayor Ed Koch called the attack “the crime of the century,” and Donald Trump started an intensive campaign for the death penalty to be reinstated.

Throughout the criminal process, the  five men maintained their innocence and alleged police railroaded them during their interrogations. The men were eventually found guilty of the attack. Four were in prison just under seven years, the fifth served almost thirteen years.  After an incarcerated career criminal confessed to the crime and DNA evidence was provided to substantiate his claim, the five men were exonerated.

In a response to the settlement reached between the parties, Senator Bill Perkins stated, “This chapter of our racist history needs to be closed and never repeated again.”

If you or someone you know believes  they have been the victim of a false arrest or malicious prosecution, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

                        

Family With Service Dog Is Denied Hotel Reservation

Wherever Beau goes, a  Golden Retriever named Chip is always in tow.  Beau has a rare form epilepsy and is prone to seizures. Chip is Beau’s service dog, alerting others as to when Beau is in need of medical attention. Service dogs are covered under the Americans with Disabilities Act and as such businesses are required to make necessary accommodations for the service animals and their owners.

As described in this article, Beau and his family made a one night stop at a hotel in Baton Rouge. Although reservations were made beforehand, the hotel received an email from the hotel stating that because of unforeseen circumstances, the hotel would be unable to accommodate the family, further elaborating that Best Western isn’t pet friendly.

A front desk employee told the family that she was aware of the law, but could not go against the owner’s orders. Beau’s mom, an attorney that represents children with special needs, told reporters that the corporate office contacted her a week after the incident and offered to honor the reservation. Her response, “I’ve already booked with another hotel that’s understanding and happy to follow the law. I don’t want to go to a hotel where I have to force them to follow the law.”

If you or someone you know has been discriminated against because of a disability, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

Supreme Court Rules in Favor of Whistleblower in Retaliation Case

In a decision issued on June 19, 2014, the Supreme Court ruled in favor of a public employee who was terminated after he testified in a case of corruption at Central Alabama Community College. Edward Lane worked as the  Director of the college’s Community Intensive Training for Youth (CITY) program .  While conducting an audit, Lane discovered that a state representative, Susan Schmitz, was on the program’s payroll despite the fact she had not done any work for the program.

As detailed in this npr article, at the same time the  FBI was investigating Schmitz,  CITY was experiencing budget concerns.    After Lane testified against Schmitz,  Central Alabama Community College  president Steve Franks terminated Lane’s employment with the college.    Under the guise of budget cuts, Franks terminated an additional 28 employees and two days later rehired all but two, of which Lane was one of the two.

In a suit claiming that Franks had violated his First Amendment protections,  Lane named Franks  in his individual and official capacity as president of the school.  Two lower courts found in favor of Franks, stating that Lane acted in his official capacity in terminating Schmitz and could not claim protection under the First Amendment.

In its opinion issued today, the Supreme Court found in favor of Lane, stating that he testified “as a citizen on a matter of public concern.”   In reference to Lane’s trial testimony, the court called it “a quintessential example of citizen speech for the simple reason that anyone who testifies in court bears an obligation, to the court and society at large, to the tell the truth.”

If you or someone you know believes they have been retaliated against and/or wrongfully terminated, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

DMV forces gender non-conforming teen to remove makeup before taking his photo, with First Amendment implications

After successfully completing his driver’s license test, a South Carolina teen was met with opposition when it came time to take his photograph. As detailed in this Washington Post article, Chase Culpepper, 16, identifies  as a gender nonconforming teen, wearing makeup on a consistent basis. Before taking his photograph, the Department of Motor Vehicles insisted that the boy remove his makeup.

Culpepper stated, “She said that I could not wear a disguise to take my photo, and according to her, me wearing makeup would be a disguise and that I did not look like a boy should.”

When asked about the incident, a spokesman for the DMV referred to this 2009 policy, “At no time will an applicant be photographed when it appears the he or she is purposely altering his or her appearance so that the photo would misrepresent his or her identity.” Such policies are put in place to prevent criminal activity, the DMV making exception for religious and medical reasons.

In a letter addressed to the Anderson DMV,  Executive Director of the Transgender Legal Defense and Education Fund, Michael Silverman wrote in part, “Chase’s freedom to express his gender should not be restricted by DMV staff. He is entitled to be who he is and to express that without interference form government actors. Forcing Chase to remove his makeup prior to taking his driver’s license photo restricts his free speech rights in violation of state and federal constitutional protections.”

If you or someone you know believes  that their constitutional rights have been violated, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

Electric Company Pays $1 million to Settle Charges of Racial Discrimination

Companies who have more than $10,000 in federal contracts must agree to institute Affirmative Action policies and are required to maintain equal employment practices. Also they must submit to periodic audits conducted by the Department of Labor.

Since 2005, Lincoln Electric has had more than $2 million in contracts with the federal government. Based on  statistical analysis issued by the U.S. Department of Labor, from 2005 to 2007, the electric company discriminated against thousands of African American job applicants. According to the article, Lincoln Electric to Pay $1 million to Settle Federal Discrimination Claims, potential employees were asked questions that were intended to screen job applicants. Such included questions pertaining to previous experience involving physical labor and prior drug convictions, of which had little to do with the jobs in question.

As a result of such questions, Lincoln Electric did not hire 5,557 qualified individuals who were African American.  The DOL finds validity in this type of questioning for particular jobs and at a later stage of the hiring process, but to ask such questions initially, the DOL perceives as questionable. The $1 million settlement will be dispersed among the rejected applicants, equaling approximately $180 per person. Lincoln Electric has agreed to cease its past practices and hire 48 people into positions as  they become available.

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609or use our contact form.

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