Civil Rights Archives - Page 6 of 7

Professor’s Arrest for Jaywalking Makes National Headlines

During her walk home after teaching classes at Arizona State University, English professor Ersula Ore was stopped by police for jaywalking. Video footage from the police dash provides evidence that Ore was walking in the middle of the Tempe, Arizona street. The footage also provides a clear picture as to why such a routine incident has received national media attention.

According to this CNN article, the interaction between Ore and the police officer became volatile, ending in the arrest of Ore. After she was asked by the officer to produce her ID, Ore became defensive, Officer Ferrin in turn threatened to arrest the professor.

“If you don’t understand the law, I’m explaining the law to you. The reason I’m talking to you right now is because you are walking in the middle of the street.” Officer Ferrin explained to Ore.

The dashboard video provides that Ore explained to the officer that she was walking in the road to avoid construction. As Officer Ferrin began to cuff Professor Ore, Ore became belligerent, “Don’t touch me. Get your hands off me.” The officer then warned Ore if she did not comply, he would slam her into the car. As she resisted, Officer Ferrin forced Ore to the ground, Ore’s skirt rising up in the process, revealing her anatomy for anyone in close proximity to see.

As the officer pulled the professor from the ground, Ore kicked Ferrin in his shin. Ore is facing charges of assaulting a police officer, resisting arrest, failing to provide ID and obstruction of a public thoroughfare.

In a written statement to CNN, Ore’s attorney wrote, “Professor Ore’s one crime that evening was to demand respect that she deserves as a productive, educated and tax paying member of society.” Further elaborating, “She can clearly be heard on the dash video instructing the officer not to grab toward her genital area prior to him reaching for her in an attempt to pull her skirt down.

The university stated that it did not find evidence of inappropriate actions from the officers involved.

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

Historic Day in the Fight for Marriage Equality

364 days after the Supreme Court struck down the Defense of Marriage Act (DOMA), the U.S. Court of Appeals (10th Circuit) has upheld Utah’s ruling that the state’s ban on same sex marriage is unconstitutional. The court held that, “under the Due Process and Equal Protection Clauses of the United States Constitution, those who wish to marry a person of the same sex are entitled to exercise the same fundamental right as is recognized for persons who wish to marry a person of the opposite sex.” The 2-1 decision reads in part, “the experimental value of federalism cannot overcome plaintiffs’ rights to due process and equal protection.”

Today a U.S. District Judge ruled that Indiana’s ban on same-sex marriage is unconstitutional. The Honorable Richard Young’s decision in Baskin v. Bogan states in part, “The Court has never witnessed a phenomenon throughout the federal court system as is presented with this issue. In less than a year, every federal district court to consider the issue has reached the same conclusion in thoughtful and thorough opinions – laws prohibiting the celebration and recognition of same-sex marriages are unconstitutional. It is clear that the fundamental right to marry shall not be deprived to some individuals based solely on the person they choose to love. In time, Americans will look at the marriage of couples such as Plaintiffs, and refer to it simply as a marriage – not a same-sex marriage. These couples, when gender and sexual orientation are taken away, are in all respects like the family down the street. The Constitution demands that we treat them as such.”

Soon after it was filed in March of this year, Lambda Legal filed a motion seeking immediate relief in Baskin v. Bogan. Niki Quasney and Amy Sandler were married in Massachusetts last year. The two Indiana residents have been together 14 years and have two young children. Niki was diagnosed with stage four ovarian cancer five years ago. Without the protection of marriage and the rights provided by such, same sex couples are not guaranteed rights such as hospital visitation or custody of children in the event of a partner’s death.

Lead Plaintiff in Baskin v. Bogan, Rae Baskin, said of the decision issued today, “We’re thankful that we no longer have to worry about what would happen if one of us becomes ill and we have to rush to the hospital. We have waited for this moment since we decided to share our lives with each other.”

College officials’ search of professor’s home violates Fourth Amendment: Order

We are proud to announce this Order, which we received today in the case of Mundy v. Hambright, et al. This case involves a truly bizarre set of facts. Our client, a former college professor at Coastal College of Georgia, resigned after an employment-related dispute. After his resignation, the college president directed one of our client’s colleagues to enter our client’s home and search it for evidence of his whereabouts. This particular colleague also threatened our client’s life and sent him disturbing letters. The college president and the colleague sought to dismiss the complaint, arguing that their conduct did not implicate the Fourth Amendment. A federal court has rejected their argument and will allow this important Fourth Amendment case to proceed.

Mundy v. Hambright, et al. – Order Denying Motion to Dismiss by jamesradfordjr

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.

Obama Drafting Executive Order on LGBT Job Discrimination

As detailed in this Huffington Post article, the Employment Nondiscrimination Act (ENDA), passed by Congress, but currently stalled in the house, would ban employers nationwide from firing or harassing employees based on their sexual orientation or gender identity. Due to the house’s indecision, it is expected that it will be another two years before the bill is passed.

According to a White House official, in an attempt to circumvent this unnecessary time frame, President Barack Obama has requested that an executive order be drafted that would protect lesbian, gay, bisexual, and transgender (LGBT) employees of federal contractors.

Currently there are no federal laws that adequately protect the LGBT community from workplace discrimination. In 32 states, it is still legal to terminate an individual’s employment simply because of their sexual orientation. The proposed order will “build upon existing protections, which generally prohibit federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.” stated the White House official, further elaborating, “Today, millions of Americans in most states of the country go to work every day knowing they could lose their jobs simply because of who they are and who they love.”

What has been described as the new civil rights movement, LGBT rights are in the forefront of the nation’s issues. If you or someone you know thinks they have experienced employment discrimination, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609or use our contact form.