Day Laborer Support Initiative Announced · wish I could get up the steps and get the same service...

WASHINGTON LAWYERS’ COMMITTEE

UPDATEVOL. 12, NO. 1 FOR CIVIL RIGHTS AND URBAN AFFAIRS SPRING 2006

continued on page 8

Major Settlements .................................. 3, 4, 7

Director’s Corner ............................................ 2

New Cases ........................................... 3, 5, 6, 8

Annual Funding Campaign ........................... 2

John Burke Memorial Fund .......................... 2

Arrivals ............................................................. 10

Inside this issue ...

L/R: Ronald S. Flagg, Sidley Austin LLP; Darlene Allen, President, D.C. Congress of PTAs;Professor Jamin Raskin, American University, Washington College of Law; Iris J. Toyer,Project Director, Public Education Legal Services Project, Washington Lawyers’ Committee;and Wade Henderson, Executive Director, Leadership Conference on Civil Rights.

continued on page 7

While virtually every state in theUnion has a constitutional clauseproviding children with the right to apublic education, the District ofColumbia’s children have no suchright. The Washington Lawyers’Committee is currently working tochange this situation and guaranteethis right for D.C. public schoolchildren through an amendment tothe D.C. Home Rule Charter.

Over the past several months,Committee staff drafted theamendment, with assistance fromSidley Austin LLP, Fulbright &

D.C. Education Charter AmendmentAdvances, School Modernization

Legislation Enacted

The Committee’s Immigrantand Refugee Rights Project recentlyannounced plans for a newimmigrant workers’ rights supportprogram to provide legalrepresentation to newcomersemployed as short-term or daylaborers denied legally mandatedwages or other benefits.

The Project will work withlocal service providers in the areawho advocate on behalf ofimmigrant workers. The Comm-ittee will encourage systemicimprovements in the workplace byidentifying claims involving majoremployers and multiple claimants.The Project will also recruit andtrain attorneys to serve as co-counsel with our staff inrepresenting individual claimants.This initiative will provide law firmswith a range of opportunities forpro bono representation.

Day Laborer SupportInitiative Announced

Jaworski, the LeadershipConference on Civil Rights, and theEducation Project at theWashington School of Law ofAmerican University.

The amendment reads: Thefundamental right to educationalopportunities is a basic value of oursociety and serves as a foundation of ourdemocratic system of government.Accordingly, the District of Columbia ishereby obligated to provide a system ofhigh-quality public schools to every child.

WASHINGTON LAWYERS’ COMMITTEEDirector’s

Corner

Roderic V.O. BoggsExecutive DirectorWashington Lawyers’ Committeefor Civil Rights & Urban Affairs

As of June 1, the Committee had received 2006 Annual Funding Campaign contributions of $282,087 from42 firms and $216,404 from 656 individuals. With strong support over the next four months, both campaignshave an excellent opportunity to reach or exceed last year’s totals. To reach our goals, we will need to receive giftsfrom all individuals and firms that supported the Committee previously by the end of the Committee’s campaignyear on September 30.

The John Burke Memorial Fund has exceeded its initial $100,000 goal with a total of $102,745 in gifts from112 individuals as of June 1. The Fund, named after the Committee’s late Counsel and Trustee John L. Burke, Jr.,was established in 2004 to support the Committee’s annual breakfast briefing, now called the John Burke ProBono Breakfast, and other pro bono outreach activities. The Committee would like to thank all contributors to thefund. A special acknowledgement is due Marc Fleischaker who chaired the Burke Fund Advisory Committee.

Annual Campaign Advances, Burke Fund Exceeds Goal

This issue of the Committee’sUpdate reports on the successfulconclusion of major cases in the areasof public accommodations, fairhousing, and disability rights. It alsodescribes significant developments inthe Committee’s longstanding effort tosupport quality public education in theDistrict of Columbia and announcesthe start of an ambitious new programto address the serious legal needs ofday laborers in the Washington area.

In the first of these areas, theCommittee is enormously proud ofthe exceptional work of a team ofcooperating firms led by Steptoe &Johnson and Hogan & Hartson, whichrepresented the NAACP in a series of

cases successfully challenging racialdiscrimination in the treatment ofAfrican-American visitors attendingBlack Bike Week in Myrtle Beach,South Carolina. These cases provide anexcellent example of the Committee’sability to deploy substantial pro bonoresources over an extended period toaddress serious civil rights violationsthat involve difficult legal issues andvigorous defenses.

The Committee is also pleased tonote the successful conclusion of thefirst in a series of cases focused onassuring access for people withdisabilities to apartment complexescovered by the design and constructionprovisions of the Fair Housing Act. Weare also encouraged by the settlementsachieved in a set of cases challengingthe refusal of local landlords to accepthousing choice vouchers. These resultsprovide eloquent testimony to theexceptional work of the Equal RightsCenter in investigating forms ofdiscrimination, which while pernicious ineffect, are frequently difficult to detectand challenge.

The Committee is extremelyheartened by the growing supportexpressed for the Education RightsAmendment to the D.C. Home RuleCharter, which seeks to guarantee theright to a high-quality public educationfor all children in the city. Greatly aided

by the work of a number ofcooperating firms and Committeestaff, this measure has gained thestrong support of the Mayor, theBoard of Education and a clearmajority of the D.C. Council. Giventhe acute needs of our schools, thismeasure is long overdue.

Finally, the Committee looksforward to the start of its newprogram focused on the rights of daylaborers in the Washington area whohave been denied lawfully earnedwages and other benefits. Bycombining the experience andresources of our Employment andImmigrant Rights Projects, this newprogram has great potential foraddressing a serious and growingproblem in our community. It will alsoprovide an excellent opportunity for alarge number of volunteers to gaindirect litigation experience workingwith the support of Committee staff.

As the Committee moves forwardwith its active work in the areasdiscussed in this Update, we invite allof the lawyers and firms who arefamiliar with our work to join us in ourfuture undertakings. We also hope thatin the months ahead we will have theopportunity to work with new firmsand lawyers who share ourcommitment to equal justice in ourcommunity.

SPRING 2006 UPDATE

continued on page 11

On April 21, the DisabilityRights Project and Crowell &Moring filed a lawsuit on behalf ofthe Equal Rights Center and anindividual against Subway Restaurants,one of the largest and most popularfast-food restaurants in the country.

The lawsuit alleges D.C.-areaSubway Restaurants discriminatedagainst persons with disabilities inviolation of the Americans withDisabilities Act and the D.C. HumanRights Act.

Many of the approximately 60Subway Restaurants in Washington,D.C., have steps blocking access toentrances, doors that are too narrowor difficult to open, inaccessiblebathrooms, obstacles that preventwheelchair users from ordering ordining, and out-of-reach self-serviceitems.

“I like to go to Subway. I don’thave a problem with Subway. I justwish I could get up the steps and getthe same service as everyone else,”explained Lewis Starks, a plaintiff inthe case.

The lawsuit, filed in the U.S.District Court for the District ofColumbia, named as defendants thefranchiser and companies owningand/or operating Subway Restaurantsin Washington, D.C.

New Case ChallengesInaccessible Subway

Restaurants

A landmark settlement with thelargest private hospital in the Districtof Columbia will greatly improveaccess to this hospital’s facilities andmedical equipment for patients withmobility impairments, spinal cordinjuries, and other disabilities, therebysignificantly enhancing the health carereceived by this population.

This settlement culminated agroundbreaking lawsuit filed by theDisability Rights Project and Howreyagainst the Washington HospitalCenter, on behalf of the Equal RightsCenter and four former patients ofthe hospital. The November 2, 2005,settlement is one of the first in thecountry to address access to hospitalfacilities and equipment.

Due to the significance of theissues, and the comprehensive natureof the settlement, the U.S.Department of Justice intervenedand will monitor compliance with thesettlement terms.

The lawsuit alleged that patientswith disabilities were unable to obtainstandard medical treatment due to thehospital’s inaccessible patient rooms,bathrooms and exam tables. Inaddition, inaccessible exam tables andother medical equipment made itdifficult for the plaintiffs to receiveappropriate treatment, andinadequacies in policies andprocedures did not ensure thatpatients with spinal cord injuries

Washington HospitalSettlement To ProvideAccessible Treatment

A team from the law firm ofClifford Chance assisted the Projectin filing a November 16, 2005,lawsuit against the Carlyle Suites, aWashington D.C. hotel. Thecomplaint alleges that the hotel, whichadvertised itself as accessible,provided no accessible path of travelover a number of steps in its lobby.Guests with mobility impairmentshad to be carried by hotel staff upthese steps in order to move beyondthe entrance of the otherwiseaccessible hotel.

Clifford Chance and theProject brought this case on behalfof Philip Myron, who was subjectedto being carried several times duringhis stay in what he thought would bean accessible hotel. The Equal RightsCenter, as well as Mr. Myron’s sisterwho booked the hotel room for him,are also named as plaintiffs.

Tourist with DisabilitiesSeeks Hotel Accessibility

Disability Rights

received the assistance they needed toeat, drink and care for themselves.

Under the terms of theamicable settlement, the WashingtonHospital Center agrees to implement,over the next several years, substantialchanges in facilities, equipment,policies and procedures to ensureimproved accessibility for inpatientsand outpatients with disabilities.

Changes will include majorarchitectural enhancements resulting inmany more accessible rooms, and

SPRING 2006 UPDATE


In January 2006, the Committeeand co-counsel Katten MuchinRosenman, LLP, filed a nationalorigin discrimination complaint in theU.S. District Court for the District ofColumbia on behalf of EmileMazloum against the D.C. PoliceDepartment, the D.C. Government,FUR Nightclub, and certain knownand unknown police officers.

Mr. Mazloum, who is of Arabethnicity, alleged that while he was atthe FUR Nightclub in Washington,D.C., the police officers, who wereoff-duty, in plain clothes and patrons

Patron Sues FURNightclub and D.C.Police for National

Origin Discrimination

Paul Hurst, litigation counsel atSteptoe & Johnson and lead counselin the Committee’s case on behalfof the NAACP against the City ofMyrtle Beach, discussed his exper-ience working on the case and withthe Committee.

Q: Describe your experienceworking with the Committee on thiscase?

An Interview with Paul Hurst, Lead Attorneyin NAACP v. City of Myrtle Beach

Paul R. HurstSteptoe & Johnson LLP

A: Steptoe & Johnson had agreat working relationship with thelawyers of the Committee. DickRitter is a dedicated attorney whosedogged persistence and attention todetails were tremendous assets to thiscase.

Q: Were there any unusualelements of your case?

A: One unusual element was themagnitude of the problem we wereaddressing. This case was one ofthree lawsuits filed to address theentire City’s reaction to an African-American event known as “BlackBike Week.” Not only was Steptoe& Johnson pursuing the lawsuit filedagainst the City government, but theCommittee and other D.C. law firmshad filed lawsuits against hotels andrestaurants in the City, all of whichwere part of a concerted effort to

change the conduct of the City’sgovernment and hospitality industry.

Q: What was the legalsignificance of the case?

A: In May 2005, Steptoe &Johnson and the Committee achieveda significant victory when the SouthCarolina federal court issued apreliminary injunction requiring theCity to use the same traffic patternduring both Black Bike Week and aparallel event called Harley Week.The court’s decision is significantbecause it required a major touristdestination to provide equal treatmentfor an African-American touristevent, and it sent a message to alltourist destinations that significantAfrican-American tourist events, likeBlack Bike Week, must be treated thesame as any other significant touristweekend.

first time for the 2004 Black BikeWeek and has remained opened forthat event since then. Under theJudgment, the restaurant will pay$100,000 in damages, costs andattorney’s fees.

These cases were two of anumber of lawsuits brought by theCommittee and co-counsel since May2003 against the City of Myrtle Beachand certain restaurants and hotelsalleging widespread racediscrimination against AfricanAmericans during Black Bike Week.The Committee has now settled allof the Myrtle Beach lawsuits filedsince that time, including those aboveand others brought against theYachtsman Resort Hotel, Damon’sGrill, and J. Edward Fleming, theowner of several large restaurants inMyrtle Beach.

of the Nightclub, arrested and ejectedhim from the club without cause andbased on his national origin.

Mr. Mazloum alleges that theofficers and the Nightclub’s securitydetail employed excessive andunnecessary force while identifyingthemselves as police officers andcalling Mr. Mazloum an “Al Qaeda.”

The complaint alleges that whenit became evident that Mr. Mazloumhad done nothing warranting theassault, the Metropolitan PoliceDepartment and its officersconspired with the Nightclub tocover up the incident.

The Judge has stayed generaldiscovery but has ordered expediteddiscovery on the limited issue of theidentification of the unknown policeofficers.



Fair Housing

On April 27, the Committee andco-counsel Gilbert, Heintz &Randolph LLP filed a major designand construction action, on behalf ofthe Equal Rights Center, againstnational real estate developer EquityResidential.

This action, filed in federaldistrict court in Maryland, is thelargest action of its type to date,addressing Fair Housing Act andAmericans with Disability Act (ADA)accessibility violations in the designand construction of over 300apartment complexes across thecountry.

The Committee, with co-counselCohen, Milstein, Hausfeld & TollP.L.L.C.; Fried Frank, Harris,Shriver & Jacobson LLP; andGilbert Heintz & Randolph LLPfiled prior nationwide design andconstruction actions against major realestate developers Archstone-SmithTrust, Bozzuto and Associates, andAvalonBay Communities, and anumber of architects andconstruction companies, includingNiles Bolton, Clark Construction andVika Engineers.

The case against Archstone-Smith Trust, the seventh largestdeveloper of apartment complexes inthe United States, settled June 8, 2005.The settlement requires retrofitting upto approximately 12,000 apartmentunits in 71 apartment complexesacross the country, plus $1.4 million in

Equity Residential Suedfor Design and

Construction Violations

On November 2, 2005, theCommittee and Co-Counsel AkinGump Strauss Hauer & Feld LLPfiled a case in federal court inMaryland on behalf of 16 African-American families who lost theirhomes as a result of raciallymotivated arsons at the Hunter’sBrooke housing development inCharles County, Maryland, reportedlythe largest residential arsons inMaryland history.

The complaint alleges that in thefall of 2004, Aaron Speed, JeremyParady, Patrick Walsh, MichaelEverhart, and Roy McCann, who arewhite, along with other individuals,conspired to burn, damage, anddestroy the houses in Hunter’sBrooke, and that they attempted toprevent the African-American andother racial minority homeownersand prospective homeowners, frommoving into the neighborhood. TheDecember 6 arson in Hunter’sBrooke completely destroyed orsubstantially damaged at least 26residences.

The individual defendants wereall charged with criminal violations.Three individuals pleaded guilty, onewas found guilty after a jury trial, and,following a mistrial, a retrial of one

Security Services, GuardsSued in Hunter’s Brooke

Arson

Housing Choice VoucherDiscrimination Lawsuits

ProceedThe Washington Lawyers’

Committee, with co-counsel, has fourpending cases filed on behalf of theEqual Rights Center in D.C. SuperiorCourt against area landlords andproperty management companiesalleging discrimination against holdersof federal housing choice vouchers(formerly known as “section 8vouchers”).

In one of the cases, ERC v.E&G, the court granted our motionfor partial summary judgment findingE&G violated the D.C. HumanRights Act by refusing to acceptvouchers, and on cross-motions,rejected the defendant’s purportedreasons for refusing to acceptvouchers.

In another of the cases, ERC v.Gelman, cross-motions for summaryjudgment are pending. The motionsraise a series of legal challenges to theapplication of the D.C. Human

damages, attorney’s fees and costs.Cohen, Milstein, Hausfeld & Toll,P.L.L.C., served as co-counsel withthe Committee in the Archstone case.The other cases are pending.

of the individuals is set for June 2007.During the course of the criminalinvestigation, some of the individualdefendants gave statements toprosecutors indicating that Speed andothers had complained that AfricanAmericans were moving into Hunter’sBrooke and that they set the fires tokeep African Americans out of theneighborhood.


SPRING 2006 UPDATE

Public Education

Equal Employment Opportunity

The Public Education LegalServices Project’s school partnershipsenjoyed an especially productive yearin the D.C. public schools. Inaddition, the Project helped establisha new partnership this spring betweenKilpatrick & Stockton LLP andSousa Middle School.

A major highlight this year wasthe successful and well attended 1stAnnual Geoplunge GeographyTournament at the Sumner School onMarch 29, featuring 40 studentcompetitors from the 4th, 5th and6th grades at eight D.C. publicelementary schools. Additionalpartnership activities this year includedtutoring, mentoring, reading activitiesand events, poetry competitions,

School PartnershipsEnjoy Banner Year

school library renovations, field trips,and summer internships.

For nearly ten years, theCommittee has worked to developpartnerships linking law firms andcorporations with D.C. publicschools to provide tutoring,mentoring and other supportiveservices for thousands of D.C. publicschool children. The program enjoysstrong support from the schoolsystem and broad participationamong area firms.

“The opportunities afforded ourstudents through these partnershipsare immeasurable. The talent, timeand resources that the law firmsprovide to their individual schoolpartner are critical to our schools thatare called upon to do more withless,” said the Office ofSuperintendent Clifford Janey.

A construction clean-upcompany employee who brought agender discrimination charge againsther employer after she was sexuallyharassed and assaulted on the job haswon an $85,000 settlement in herclaim brought with the assistance ofthe Committee and Victor M.Glasberg & Associates.

Construction CompanySettles Gender

Discrimination Claim

Nine D.C. Council Membersco-introduced the draft amendmentto the full Council, led by CouncilChair Linda Cropp and EducationCommittee Chair Kathy Patterson.The Council held a public hearing onthe measure in late May. Followingthe Council passage and signature bythe Mayor, the amendment will bethe subject of a referendum by D.C.voters in city-wide elections thisNovember.

D.C. Charter Amendment(continued from front page)

For more information about theschool partnerships, see the Project’snewsletter Partners UnlimitedBulletin Board, or contact ProjectDirector Iris Toyer at (202) 319-1000,ext. 117.


In 2004, the employee, a recentimmigrant from El Salvador, wasworking for a company when hersupervisor began sexually harassingher. Although her recent immigrantstatus led her to suffer in silence, overtime the harassment escalated andeventually led to two sexual assaults. The employee reported the case tothe police, and the supervisor wascriminally convicted. The EEO andIRR Projects of the Committee, onbehalf of the employee, filed a

charge of gender discrimination withthe EEOC, which later filed a federallawsuit in which the employeeintervened.

The settlement includes back pay,compensatory damages and attorney’sfees, and extensive injunctive relief,including training for managers onemployment discrimination, improvedpublication of employees’ rights inSpanish and English, and an improvedcomplaint process.


Immigrant and Refugee Rights

The Committee’s Immigrant andRefugee Rights Project and co-counsel have won several recentasylum cases in Immigration Court, inthe Arlington, Virginia Asylum Office,and with U.S. Citizenship andImmigration Services.

In Immigration Court, King &Spalding LLP gained relief fromremoval for a married woman fromMali who feared that she would beunable to prevent a female circum-cision being performed on her youngdaughters including two U.S. citizens.The Immigration Judge grantedwithholding of removal to her, herhusband and a non-citizen daughter.

Also in the Immigration Court,Weil Gotshal Manges won asylumfor a woman from Cameroon whowould have been forced to complywith certain widow rituals including aforced marriage to her deadhusband’s brother.

With the assistance of anattorney from Katten MuchinRosenman LLP, the ArlingtonAsylum Office granted asylum to aman from Tibet who feared possiblearrest and torture because of hisinvolvement in prohibited religiousactivities.

Also in the Asylum Office,McDermott Will & Emery LLPgained asylum for a young studentfrom Togo who feared persecution

Committee VolunteersWin Victories For

Asylum Seekers

On May 25, the Committee andco-counsel Beveridge & DiamondPC, on behalf of the Equal RightsCenter, filed a housing discriminationcomplaint with the U.S. Departmentof Housing and Urban Development(HUD) against the City of Manassas.

The HUD complaint alleges thatthe City of Manassas discriminatedagainst Hispanic residents by enacting,and selectively enforcing, zoning andrelated regulations that prohibitextended families from living together.

The City of Manassas adopted azoning provision on December 5,2005, that narrowed the definition of“family” to make it a crime forextended relatives to live together in asingle-family home. The provisioneffectively banned relatives such asaunts, uncles, nephews, nieces, andcousins from sharing a home.

Many advocacy groups chargedthat the ordinance was intended toforce Hispanic families out ofManassas and to discourage Hispanicfamilies from moving into Manassas.

Housing DiscriminationComplaints Filed Against

City of Manassas

Day Laborer Initiative(continued from front page)

Prior Committee involvementon the day laborer issue has includedseeking volunteer attorneys toprovide legal advice to RestonInterfaith, a northern Virginianonprofit social services organization,in support of a permit to create anemployment center for day laborers.In that matter, attorneys from HellerEhrman LLP presented informationon Virginia’s immigration laws to theHerndon Town Council in advanceof a public hearing and Council voteon the issue.

In September 2005, residents ofHerndon brought an action againstthe Town of Herndon and Countyof Fairfax seeking permanentinjunctive relief prohibiting the Townand County from expending taxpayerresources for the day laborer site. Thecourt was recently briefed on whetherthe funding of the center violatesfederal law.

The Project and Heller Ehrmancontinue to monitor the situation andwill represent the religious groupProject Hope and Harmony, the non-profit organization that runs theHerndon day laborer workers’ center,as the town faces a lawsuit on theissue brought by town residents andsome national anti-immigrant groups.

on account of his and his father’sinvolvement in an opposition party.

A young orphan from Haiti,initially paroled into the U.S. formedical treatment and denied asylum,received legal residence status throughthe Haitian Refugee ImmigrationFairness Act with the assistance ofCrowell & Moring LLP.

The ordinance was eventuallyrescinded but not before the Cityselectively enforced it against Hispanicfamilies.

SPRING 2006 UPDATE

Special Projects

This summer, the Committeewill once again be offering itsIntroduction to Legal ReasoningProgram to entering Washington arealaw school students who aremembers of groups traditionallydisadvantaged or under-representedin the practice of law. The law firmof Hogan & Hartson coordinatesthe city-wide program in cooperationwith the Committee.

Committee OffersSummer Legal Reasoning

Program

Directed for many years byHogan & Hartson partner BobDuncan, the program is designed toprepare students for the first year oflaw school by providing a taste of thehighly analytical, argumentative style oflearning to which some students havehad little or no exposure.

The course also provides apreview of basic legal language andthe fundamentals of the Americanjudicial system. The course does notteach students substantive law.Rather, it emphasizes the process andprocedures involved in law school.

The program enables thestudents to gain a basic familiarity

with legal reasoning and legal writing,and culminates in a moot court. Thestudents are also introduced to basiclegal research methods.

Over the past twenty years, wellover a thousand students haveparticipated in this program and morethan 500 cooperating attorneys haveserved as instructors.

This year, lawyers from Hogan& Hartson; Miller & Chevalier;Foley & Lardner; Dickstein Shapiro;Spriggs & Hollingsworth; andCovington & Burling have signed onto teach the classes to begin in June.

More than 60 past and presentCommittee Co-Chairs, Board Members,Trustees and staff attended theCommittee’s second Annual Founders’Reception on April 20 at the home ofStephen and Ruth Pollak in Washington,D.C.

The Committee’s ExecutiveDirector Rod Boggs welcomed all to thereception and expressed appreciation forthe support the Committee has receivedover the past 38 years. CommitteeTrustee and former Co-Chair StuartLand encouraged supporters to considerparticipating in the Committee’s newplanned giving campaign.

For more information on theplanned giving campaign for theCommittee, see http://www.washlaw.org/support.htm#planned_gifts or contactDa’aga Hill Bowman, Director ofFoundation Outreach and PublicInformation, at (202) 319-1000, ext. 155.

Committee Holds Annual Founders’ Reception

Committee supportersgather at the home ofStephen and RuthPollak for the SecondAnnual Founders’Reception.

L/R: James N. Bierman,Committee Co-Chair; RodBoggs, Executive Director;Stephen J. Pollak, a Committeefounder and former Co-Chair;and Warren Kaplan, EEO StaffAttorney at the Committee.


Arrivals

continued on next page

Melvin White, a WashingtonLawyers’ Committee Board Membersince 1991, has been elected Co-Chairof the Committee’s Board ofDirectors, succeeding Benjamin F.Wilson, who recently completed asecond term as Co-Chair.

Melvin is a partner in the TrialDepartment at the Washington, D.C.,office of McDermott, Will &Emery LLP. He has nearly twentyyears of experience in complexlitigation and arbitration. He hasrepresented pro bono clients inemployment discrimination, habeascorpus, sexual harassment, housingdiscrimination, landlord-tenant,Section 8, child custody and disabilitycases. Melvin is a graduate ofMorehouse College and theUniversity of Virginia School of Law.

New Board MembersThe Washington Lawyers’

Committee recently welcomed twonew members to the Board ofDirectors: Elissa J. Preheim and F.Joseph Warin.

Elissa J. Preheim

Elissa J. Preheim, a partner in theWashington, D.C., office of Arnold& Porter LLP, focuses on classactions and complex commerciallitigation. She received her B.A. fromNorthwestern University and her J.D.from Indiana University.

F. Joseph Warin

F. Joseph Warin, is a partner inthe Litigation Department in the

New Co-Chair:Melvin White

Washington, D.C., office of Gibson,Dunn & Crutcher LLP. He joinedthe firm in 1994, after 10 years asLitigation Department Chair andManaging Partner at Kutak Rock.Previously, he served as AssistantUnited States Attorney in Washington,D.C., in which capacity he received aSpecial Achievement award from theAttorney General. He is a graduateof Georgetown University LawCenter and Creighton University.

New StaffLaura Varela

Laura E. Varela recently joined theWashington Lawyers’ Committee asDirector of the Immigrant andRefugee Rights Project. Previously, shehad worked as a Staff Attorney withCASA of Maryland in Baltimore. Sheserved as a student attorney with theMichigan Clinical Law Program in AnnArbor, as an extern with ColoradoLegal Services in Denver, and internedas an investigator with the PublicDefender Service in Washington. Shereceived her J.D. from the Universityof Michigan Law School, and B.S.from the University of Maryland,College Park.

Zachary Kagan-Guthrie

Zachary Kagan-Guthrie recentlyjoined the Washington Lawyers’Committee as a Paralegal with theDisability Rights Project. Previously,he worked as a Program Assistant andIntern with Vital Voices GlobalPartnership Anti-Trafficking andHuman Rights Program, andvolunteered with the D.C. Prisoners’Legal Services Project. He graduatedfrom Wesleyan University, and alsostudied at the University of CapeTown, South Africa.

The Committee’s lawsuit alsonames Securities Services of America,LLC, and its successors-in-interest,ABM Industries, Inc. and SSASecurity, Inc., d/b/a Security Servicesof America who provided privatesecurity services at Hunter’s Brooke atthe time of the fires. SSA employedat least two security guards, Speedand William Fitzpatrick, who wereinvolved, directly or indirectly, inplanning, preparing, and setting thefires.

The complaint claims violationsof civil rights statutes and variousstate torts against several individualdefendants. The complaint alsoalleges that SSA failed to supervisethe two security guards properly andwas otherwise negligent and recklessin its hiring, training, and retention ofits employees assigned to Hunter’sBrooke and in providing security atthe site.

Discovery is proceeding againstthe corporate defendants. Discoveryagainst the individual defendants hasbeen stayed pending completion ofthe criminal proceedings.

Hunter’s Brooke (continued from page 6)

Housing Choice Voucher (continued from page 6)

Rights Act to discrimination againstvoucher holders. In both Gelmanand E&G, discovery is completedand pretrial conferences are set forthis summer.

The other two cases, Horningand Phifer, are beginning thediscovery process and will continue indiscovery through mid-summer.

SPRING 2006 UPDATE

Washington Hospital (continued from page 3)

Housing Choice Voucher(continued from previous page)

Co-counsel with the Committeein these cases are Akin GumpStrauss Hauer Feld LLP; Steptoe& Johnson LLP; Relman &Associates; and Sutherland, Asbill& Brennan LLP.

In the past 18 months, theCommittee has filed complaintsagainst 13 area landlords, propertymanagement companies and realestate companies, all based on therefusal to accept housing choicevouchers.

Through a series of settlementsin some of these cases, a number ofdefendants have now agreed towelcome voucher holders. Thesettlements to date have madeavailable to voucher holders over1,000 housing units where voucherswere previously not accepted.

The cases are described by FairHousing Project Director IsabelleThabault and former Staff AttorneyEliza Platts-Mills in their recentlypublished article “DiscriminationAgainst Participants in the HousingChoice Voucher Program: AnEnforcement Strategy” (Poverty &Race Research Action Council, Volume15: Number 1, pgs. 11-13, January/February 2006; http://www.prrac.org/newsletters/janfeb2006.pdf).

removal of barriers throughout theHospital. In addition, the Hospitalhas procured accessible exam tables,chairs, and equipment for everydepartment.

The hospital has also reviewedand revised its policies, with assistancefrom the U.S. Department of Justice,

to ensure equal access and benefitsfor patients with disabilities, and hasimplemented special procedures forpatients with spinal cord injuries.

The Hospital has also appointedan ADA officer, initiated a patientcomplaint process; and retained anADA consultant, an ADA equipmentexpert, and an ADA architecturalexpert. It has posted the rights ofpatients with disabilities and itscomplaint procedures, and hasprovided and continues to providedisability training to hospital staff.

“This settlement ensures not onlythat the patient who uses a wheelchaircan have access to the WashingtonHospital Center’s rooms andexamination facilities, but also that thispatient will be treated with dignityand respect,” said Elaine Gardner,Director of the Committee’sDisability Rights Project.

Q: What impact did the casehave on your firm and individuallawyers who worked with you?

A: We really enjoyed workingwith the individual plaintiffs and theNAACP to challenge the City’sconduct and achieve a settlement inwhich the City is required to treat theevent similarly to other significanttourist events. The individual lawyersalso had a great opportunity to gain asignificant amount of litigationexperience, as well as attend anumber of “biker” events.

Q: Would you recommend thatother lawyers and firms handleCommittee cases?

A: Absolutely. Taking on a casewith the Committee is a great

Paul Hurst Interview (continued from page 5)

In other public educationdevelopments, Committee staff, withco-counsel Sidley Austin LLP,recently supported a broad coalitionthat successfully sought passage ofthe D.C. School ModernizationFinancing Act of 2006, signed by theMayor of the District of Columbiaon March 30.

The Act will guarantee bondfunding of $100 million and otherrevenues of $100 million annually forbuilding construction and renovation,and ensure that all D.C. public schoolstudents at current enrollment levelswill be educated in modernizedschools within the next 15 years.

As Committee reports andlitigation have documented over aperiod of twenty-five years, includingin the March 2005 report Separate andUnequal, the State of the D.C. PublicSchools Fifty Years after Brown andBolling, most D.C. public schoolbuildings are decades old and in poorphysical condition.

Capital funding for D.C. schoolbuilding rehabilitation has fluctuatedwildly in the last decade and is nowestimated at $2.2 billion over the next15 years.

D.C. Charter Amendment(continued from page 7)

opportunity to work with talentedlawyers at the Committee who areworking on important civil rightsissues. It also provides young lawyerswith an opportunity to take ongreater responsibility and to gainimportant trial experience.


Washington Lawyers’ Committeefor Civil Rights and Urban Affairs

UPDATE

Board of Directors

James N. Bierman

Melvin WhiteCo-Chairs

Roderic V.O. BoggsExecutive Director

Susan E. Huhta, Project Director Equal Employment Opportunity ProjectIsabelle M. Thabault, Project Director

Fair Housing ProjectE. Elaine Gardner, Project Director

Disability Rights ProjectLaura E. Varela, Project Director

Immigrant and Refugee Rights ProjectMary M. Levy, Project DirectorPublic Education Reform Project

Iris J. Toyer, Project DirectorPublic Education Legal Services Project

Da’aga Hill Bowman, DirectorFoundation Outreach and Public Information

Paula Jones, Administrative Assistant

11 Dupont Circle, NW, Suite 400, Washington, DC 20036(202) 319-1000 (VOICE) • (202) 319-1010 (FAX)

(202) 319-1075 (TDD) • WWW.WASHLAW.ORG

CORPORATE & FOUNDATION CONTRIBUTORS

The Washington Lawyers’ Committee acknowledges thefollowing corporations and foundations for theircontributions and commitments this year:

James N. Bierman, Co-ChairMelvin White, Co-ChairMary L. AzcuenagaDouglas W. BaruchDavid R. BerzRoderic V.O. BoggsQuinton V. BowmanThomas W. BrunnerG. Brian BuseyPatrick S. CampbellBrian H. CorcoranDavid J. CynamonJohn M. FaustMargaret FeinsteinRonald S. FlaggMarc L. FleischakerMary E. Gately

Jonathan D. HackerHerbert J. HansellJohn E. HeintzPeter B. Hutt IIRobin E. JacobsohnAnn M. KapplerJohn C. Keeney, Jr.Benjamin B. KlubesWilma A. LewisIgnacia S. MorenoStephen P. MurphyJohn A. Payton, Jr.Elissa J. PreheimJohn Townsend RichJeffrey D. RobinsonGeorge D. Ruttinger

Stanley J. SamorajczykMatthew D. SlaterPaul M. SmithRichard W. Snowdon IIIMark A. SrereGary S. ThompsonDenise A. VanisonF. Joseph WarinRoger E. WarinSteven M. WellnerLewis S. WienerDavid F. WilliamsThomas S. Williamson, Jr.Benjamin F. WilsonAlan M. Wiseman

Bank of America FoundationBlack Entertainment Television, Inc.

The Morris and Gwendolyn Cafritz FoundationD.C. Bar Foundation

D.C. Chartered Health Plan, Inc.Dimick Foundation

Fannie Mae Fund of the Community Foundation of theNational Capital RegionFreddie Mac Foundation

Aaron & Cecile Goldman Family FoundationThe Hanley Foundation

Health Right, Inc.Corina Higginson TrustKiplinger Foundation

Anthony Lucas-Spindletop FoundationGeorge Preston Marshall Foundation

Mead Family FoundationThe Meyer Foundation

George Wasserman Family Foundation

Day Laborer Support Initiative Announced · wish I could get up the steps and get the same service...

Documents

Transcript of Day Laborer Support Initiative Announced · wish I could get up the steps and get the same service...