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New Public Justice President ‘sickened’ by anti-Trans attacks

‘This is a critical moment for our country & Public Justice has a pivotal role to play in addressing it’

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Dan Bryson courtesy of Public Justice

By Karen Ocamb | OAKLAND, Ca. – Native North Carolina attorney Dan Bryson loves people and emphatically hates discrimination. He still experiences a PTSD gut-punch whenever he recalls the national trauma visited on his beloved state in 2016 by rightwing conservatives ruthlessly seeking crass political power at the expense of the LGBTQ community through House Bill 2 (HB2), The Public Facilities Privacy & Security Act, otherwise known as the anti-transgender “bathroom bill.”

“What absolutely just repels me to my very core throughout my whole life is discrimination of any type. Whatever it is, it sickens me and I don’t understand it. I really don’t understand why every single human being on this planet can’t treat every other single human being with the respect and professionalism and love that they deserve,” Bryson says. “[HB2 was] the worst thing ever. It makes my hair go on fire to this day.”

It is this visceral commitment to LGBTQ equality that Bryson, a founding partner at the global law firm of Milberg Coleman Bryson Phillips Grossman, is expected to bring to his new post as President of Public Justice, the national nonprofit legal advocacy organization based in Washington DC and Oakland, California. His personal response to HB2 also illustrates his desire to find creative ways to engage others in discussions aimed at the public interest. Not only did Bryson financially contribute to those who opposed HB2, he commissioned artists to paint a mural on the wall of his office building opposite a popular restaurant in Raleigh, North Carolina. 

“There is a big heart right in the middle, like a Valentine heart,” he says. “And on the sides are a number of arms reaching to try to get to the heart. Some are white, some are Black, some are green — they’re all different colors. The clothing on the arms may be female, may be male clothing. You just don’t know. But the point is that everyone is just to trying to find love — and why couldn’t we be a little bit more accepting as a society?”

Courtesy of Dan Bryson

While HB2 impacted him personally, Bryson’s deep commitment to civil rights actually reflects the work Public Justice has done throughout its almost 40-year history. To paraphrase a protest poster during the George Floyd demonstrations, Public Justice has been supportive of civil rights even “when it’s not trending.” Adele Kimmel, Director of Public Justice’s Students’ Civil Rights Project, for instance, is a widely recognized litigator on gender and sexual violence and the legal intricacies of Title IX. She has educated youth, families, school officials and other lawyers on how to use Title IX of the Education Amendments of 1972 to stop bullying of LGBT students. 

Along with Public Justice Kazan Budd Attorney Alexandra Brodsky, she represents out gay retired Army Major Steve Snyder-Hill in his sexual abuse lawsuit against Ohio State University and, in a case challenging former Secretary of Education Betsy DeVos’s revised Title IX rules, represents Berkeley High School students, including nonbinary students, who are seeking to reverse DeVos’s changes, which significantly rolled back many protections for students.

Public Justice also teamed up with the National Women’s Law Center, Lambda Legal, the National Center for Transgender Equality and 46 other organizations and individuals in a 2017 campaign to reach the Departments of Education in each state telling them to properly follow federal law – and protect transgender students – or risk litigation. 

“Schools that discriminate against transgender students, such as by denying them access to bathrooms and other single-sex facilities that correspond with their gender identity or failing to protect transgender students from harassment, are violating Title IX and the Constitution’s Equal Protection Clause,” the letter read in part. “Schools are obligated to protect transgender students in compliance with the law, regardless of whether they face legal recourse from the federal government. And when schools fail to comply with the law, they will continue to be subjected to lawsuits filed by and on behalf of aggrieved students.” 

Public Justice also strongly supports the Equality Act , has spoken out against the Republican wave of anti-trans bills, and works with civil rights coalition members such as The Leadership Conference, the Human Rights Campaign, as well as local groups such as the San Francisco-based Equal Rights Advocates. 

Under Bryson, fighting systemic oppression is only going to get deeper. “This is a critical moment for our country and Public Justice has a pivotal role to play in addressing it. As [recent Public Justice “Champion of Justice” honoree] Ben Crump’s own work shows, attorneys can be an essential part of addressing and ending injustice in America. That’s what this organization is all about and every aspect of our work aims to move us forward to a better, more equitable society and justice system,” Bryson told the audience during the organization’s recent gala. “As a North Carolinian, I’ve seen the impact of ugly, hateful laws up close. We fought hard in my home state to battle the so-called transgender ‘bathroom law’ and we’re fighting equally hard at Public Justice to take on the despicable effort to deny transgender athletes an opportunity to participate in school athletics.…. As President, I look forward to working with the staff to continue that expansion and maximize the impact of our work to tear down systemic injustice and work for a legal system – and a country – that is fairer, more inclusive and more equitable for all.”

Karen Ocamb, is the Director of Media Relations for the Oakland, California based Public Justice.

Public Justice is a national nonprofit legal advocacy organization. They protect consumers, employees, civil rights & the environment.

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District of Columbia

Gay couple assaulted in D.C. by teens shouting ‘monkeypox faggots’

The men were treated and released at Howard University Hospital for head and facial bruises, with one receiving stitches for a deep cut

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Photo credit: Washington Metropolitan Police Dept/Facebook

WASHINGTON – Two young men appearing in their late teens shouted the words “monkeypox faggots” at a gay male couple walking along 7th Street, N.W. in the city’s Shaw neighborhood on Sunday, Aug. 7, before punching the two men in the face and head in an incident that D.C. police have called a suspected hate crime.

The gay men were treated and released at Howard University Hospital for head and facial bruises, with one of the two receiving stitches for a deep cut on his upper lip, according to one of the victims who spoke to the Washington Blade.

The victim, an Alexandria resident who asked that he and his partner, a D.C. resident, not be identified by name, said the attackers were part of a group of four or five young men appearing to be between 17 and 19 years old and two young women accompanying them. He said the group crossed paths with the gay couple around 5:40 p.m. in front of a store on the 1700 block of 7th Street, N.W., as the couple was walking to a nearby bus stop on Rhode Island Avenue.

The victim who spoke to the Blade said a nearby witness called D.C. police, who arrived within a few minutes as the two attackers and the other young men with them fled the scene. He said although an ambulance arrived on the scene, one of the police officers drove the couple to nearby Howard University Hospital, where they spent about six hours in the emergency room.

The couple had spent part of that 90+ degree day at the city’s Banneker Pool and later stopped at the Kiki gay bar on U Street, N.W. before taking what the victim who spoke to the Blade said was a leisurely walk from Kiki via 7th Street on their way to the bus stop, where they planned to take the bus to his boyfriend’s Northeast D.C. house.

As the couple walked south on 7th Street about a block from their destination on Rhode Island Avenue they crossed paths with the group of teenagers in front of a store that a D.C. police report says was at 1731 7th St., N.W.

“They were about 17 to 19 years old,” the victim who spoke to the Blade said. “And one of them started saying stuff like, hey, look at these monkeypox faggots and some not so nice stuff like that,” he said.

“We turned around to walk away and one of them came up behind me and got my attention and then sucker punched me and then hit me again and then hit my boyfriend in the face,” the victim said. “And another person hit him in the face as well,” he said. “And then someone across the street called the cops. And then the cops came, and they scattered off.”

To the couple’s surprise, the two young women remained on the scene and apologized for the actions by the guys they were with.

“So, I said something like thanks for the apology, but this is the kind of people you hang out with,” the victim recounted. “And one of them said their dad was gay, and they kind of walked away before the cops got there,” he said. “It was nice of them to apologize I guess for the other people.”

The D.C. police report lists the incident as having two offenses, a simple assault against the two men and a misdemeanor destruction of property related to the destruction of a pair of sunglasses worn by one of the two men that were damaged in the assault against him.

The report also lists the incident as a suspected “Sexual orientation – Anti-Gay” hate crime.

As in all incidents of violent crime, D.C. police call on members of the public to contact the police with information about an incident like this to call police at 202-727-9099 or text a tip to the department’s TEXT TIP LINE at 50411.

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Federal Government

Biden administration ends ‘Remain In Mexico’ policy for asylum seekers

DHS had held off lifting the MPP protocols until after the Supreme Court’s ruling and then until the U.S. District Judge lifted his injunction

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Secretary of Homeland Security Alejandro N. Mayorkas meeting with Honduran Security Minister Sabillon, July 27, 2022 (Photo Credit: U.S. Dept. of Homeland Security)

WASHINGTON – The U.S. Department of Homeland Security (DHS) announced Monday that the Migrant Protection Protocols (MPP) colloquially referred to as the ‘Remain-in-Mexico’ policy for asylum seekers at the nation’s Southern border has ended.

In a statement issued yesterday, DHS noted;

“We welcome the U.S. District Court’s decision, which follows the U.S. Supreme Court’s June 30th decision, to lift the injunction that required DHS to reimplement the Migrant Protection Protocols (MPP) in good faith.

DHS is committed to ending the court-ordered implementation of MPP in a quick, and orderly, manner. Individuals are no longer being newly enrolled into MPP, and individuals currently in MPP in Mexico will be disenrolled when they return for their next scheduled court date.  Individuals disenrolled from MPP will continue their removal proceedings in the United States.”

DHS officials had held off lifting the MPP protocols until after the Supreme Court’s ruling and then additionally until U.S. District Judge Matthew Kacsmaryk, a Trump appointee in Amarillo, Texas, had lifted his injunction. 

“MPP has endemic flaws, imposes unjustifiable human costs, and pulls resources and personnel away from other priority efforts to secure our border,” Secretary of Homeland Security Alejandro N. Mayorkas said as DHS removed the MPP policy.

The DHS statement also noted that the Department will provide additional information in the coming days. “MPP enrollees should follow the directions on their court documents and tear sheets to appear for their scheduled court date as required.”

DHS continues to enforce our nation’s immigration and public health laws, including the Centers for Disease Control and Prevention’s Title 42 public health order as required by court order. Individuals encountered at the Southwest Border who cannot establish a legal basis to remain in the United States will be removed or expelled, the statement added.

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U.S. Federal Courts

Conservative group sues Iowa school district over trans-inclusive policy

The policy covers years 7-12, allowing students to freely communicate with faculty members and school staff about their gender identity

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Linn-Mar High School students attend assembly Spring of 2022 (Photo Credit: Linn-Mar Community School District/Facebook)

CEDAR RAPIDS, Ia. – The Parents Defending Education (PDE), a conservative right-wing nationwide nonprofit membership association, sued an Iowa school district in federal court last week over the district’s gender support plan approved last Spring by the school board.

The Linn-Mar Community School District (LMCSD) policy (504.13-R) covers year 7 through year 12, allowing students to freely communicate with faculty members and school staff about their gender identity. The policy protects those conversations from their parents if they wish.

The policy also states students and staff should identify a student by their chosen name and pronouns, and allow students to participate in activities as their assigned gender.

PDE’s suit alleges  LMCSD’s “parental exclusion policy”  violates violates parent’s First and Fourteenth Amendment rights. “Nearly a century of Supreme Court precedent makes two things clear: parents have a constitutional liberty interest in the care, custody, and control of their children, and students do not abandon their First Amendment rights at the schoolhouse gate. The Linn-Mar Community School District is flouting both of these constitutional guarantees through its recent adoption of Policy 504.13-R”

The suit also claims, “The Policy authorizes children to make fundamentally important decisions concerning their gender identity without any parental involvement and to then hide these decisions from their parents. […] These actions can happen without any knowledge or input from the child’s parents. Instead, these decisions will be made solely by the child and “school administrators and/or school counselors.” And it is not just secrecy through silence. The District will withhold this information even if it is specifically requested by parents.”

“Linn-Mar’s gender policy demonstrates a deep contempt for the constitutional rights of its students and families,” said Parents Defending Education President Nicole Neily in a statement. “It has been clearly established by the federal court system over the past 100 years that parents have a right to direct the upbringing of their children, and we are proud to fight on behalf of our members to put a stop to these unconstitutional policies.”

LGBTQ + advocates maintain the LMCSD policy is necessary means ensuring that LGBTQ students can seek help about questions they might have, and also protect them from bullying and harassment.

The lawsuit alleges though that the policy is too broad when it comes to bullying and harassment, and that it violates 1st Amendment protections for those persons who choose to not identify a student by their chosen gender or name.

Since the LMCSD Board passed the policy the community of around 6,000 people has been divided. One parent writing in a Facebook post on the LMCSD page: [Tina Gaby]

“I think every parent at Linn Mar that is uncomfortable with this decision can start with Asking for a separate partition for their child to be able to change in the locker room. Biological males and females have just as much right as transgender kids to feel comfortable”

Another parent, Joseph Stutler, answered: “Tina Gaby Or they could just learn to be decent humans and mind their own business in the facilities.”

The Linn-Mar Community School District did not respond to media requests for comment.

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