July 27, 2011

By Phil Ray (pray@altoonamirror.com)
The Altoona Mirror

JOHNSTOWN – The suicide of a Blair County Prison inmate was “predictable” and “preventable,” an attorney for the man’s family told a federal jury Tuesday

Jeremy Corbin, 32, of Bellwood suffered from severe depression and other mental health issues when he was admitted to prison on the morning of Oct. 18, 2006, and tests administered by a corrections officer showed that Corbin was a suicide risk, attorney Andrew J. Shubin of State College said.

Corbin was placed in a special cell for inmates at risk but was released later that day into the general jail population by the prison’s forensic specialist, Jennifer Feathers, who determined he wasn’t at a risk.

Two days later, Corbin ended his life by using a bed sheet in his cell to hang himself.

During an emotional opening statement, Shubin said that had Corbin been allowed to stay in the suicide prevention cell in the prison, which had no bed sheets, he may be alive today.

The jury was shown a picture of Corbin and his family in better times, just two years before his suicide, when the family moved into a new home in Bellwood.

Pictures of the cells in which Corbin was housed in the Blair County Prison were displayed. (more…)

June 24, 2011
By NICHOLAS CONFESSORE and MICHAEL BARBARO

ALBANY — Lawmakers voted late Friday to legalize same-sex marriage, making New York the largest state where gay and lesbian couples will be able to wed and giving the national gay-rights movement new momentum from the state where it was born.

The marriage bill, whose fate was uncertain until moments before the vote, was approved 33 to 29 in a packed but hushed Senate chamber. Four members of the Republican majority joined all but one Democrat in the Senate in supporting the measure after an intense and emotional campaign aimed at the handful of lawmakers wrestling with a decision that divided their friends, their constituents and sometimes their own homes. (more…)

Jurist.org
Sara Rose [Staff Attorney, ACLU of Pennsylvania]

A middle-school student, annoyed after being disciplined by her principal for violating the school dress code, vents her frustration by posting a crude MySpace profile on the Internet parodying the principal. The profile, which the student created entirely from home and made available to a small group of friends, includes a photo of the principal but not his name or school. The profile only comes onto school grounds at the behest of the principal. Nevertheless, once the identity of the profile’s author is discovered, the school suspends her from classes for ten days.

Those are the facts of a case, JS v. Blue Mountain School District [PDF], recently decided in the student’s favor by the US Court of Appeals for the Third Circuit. The case squarely presented an issue increasingly confronted by schools and their students: How far can public schools can go in punishing students for speech that they post on the Internet outside of school? On one side are the school districts and school board associations, which argue that schools should be permitted to police their students’ speech no matter where it occurs if the speech is about the school. On the other are groups like the ACLU, which believe putting such far-reaching authority into the hands of school administrators impermissibly infringes on students’ First Amendment right to free speech. (more…)

May 24, 2011
by Adam Smeltz

For at least 10 years, the State College teachers’ union has wanted the inclusion of same-gender domestic-partner benefits in school-district employee contracts, union President Holli Jo Warner said Monday.

In fact, Warner said the union — the State College Area Education Association — has asked the State College school district for that policy addition in the last two rounds of contract talks — one about five years ago, the other a decade ago.

“Through the negotiations process, we did not achieve that goal,” Warner told StateCollege.com. ” … We are currently in the process of negotiations (again) … and I’m sure it will be talked about again.”

StateCollege.com approached Warner about the subject in light of a federal lawsuit filed against the district last week.

In the case, district employee Kerry Wiessmann and her partner, Beth G. Resko, have targeted the district policy that prevents workers’ same-gender domestic partners from qualifying for the same benefits made available for opposite-gender domestic partners.

That policy, according to their complaint, violates Wiessmann and Resko’s First and 14th Amendment rights under the U.S. Constitution. The women are seeking a change in the policy.

The school district is expected to respond formally in court. But in a preliminary statement released to reporters on Friday, the district administration indicated that the benefits policy in question stems from the collective-bargaining process. (more…)

By TARA SIEGEL BERNARD
New York Times
May 20, 2011

The battle to legalize same-sex marriage may be dominating the headlines, but that issue could take years to resolve. More immediately, a growing number of companies have taken it upon themselves to make life a little more equal for their gay employees.

These companies are reaching into their own pockets to pay for an extra tax that their gay employees owe on their partners’ health insurance — something that their married heterosexual co-workers don’t have to worry about because the federal government recognizes them as an economic unit.

To gay employees, gaining equal benefits is about more than the money. The gesture itself validates their relationship with their partners at a time when the government has not.

Most heterosexuals take for granted that they can add a spouse or children to their employer’s health plan. But gay employees with partners have that option only if they work for an organization that offers domestic partner coverage. (more…)

by Adam Smeltz
statecollege.com

The State College Area School District is facing a federal civil action from a school worker and her partner, both alleging that the district discriminates in its employee-benefits policy.

Kerry Wiessmann, who is an elementary-school counselor, and her partner, Beth G. Resko, brought the complaint against the district on Tuesday. Their concern is a district rule that keeps school workers’ same-sex domestic partners from qualifying for the same benefits made available for opposite-sex domestic partners, according to the filing.

In fact, the district’s “refusal to provide Ms. Wiessmann and her partner … with the same family health benefits offered to other employees and their families violates their rights under the First and Fourteenth Amendments to the U.S. Constitution, including the right to equal protection of the laws without regard to sexual orientation or sex, and the right to intimate association; as well as the Equal Rights Amendment of the Pennsylvania Constitution,” the lawsuit reads. (more…)

May 6, 2011

PHILADELPHIA – Panther Valley High School ( Carbon County ) senior Jeremy Thomas will be attending his prom tonight after all. Late yesterday afternoon a judge issued a ruling prohibiting the Panther Valley School District from enforcing its unconstitutional policy requiring students to submit to random drug testing to participate in extracurricular activities, including school dances. Until yesterday, Thomas was barred from attending his senior prom because he and his parents refused to consent to random drug testing.

The American Civil Liberties Union of Pennsylvania filed a lawsuit on March 9, 2011, against PVSD on behalf of siblings M.T., a ninth grader, and Jeremy, who were not allowed to participate in after-school activities because of their refusal to consent to random, suspicionless urinalysis. An Eagle Scout and Junior Reserve Officer Training Corps (JROTC) member, Jeremy was kicked off the golf team after refusing to sign the consent form.

“We are very excited. This ruling vindicates our belief that people are innocent until proven guilty, not the other way around,” said Morgan Thomas, Jeremy and M.T.’s father. He added that his son was getting his suit today in preparation for tonight’s prom. (more…)

FOR IMMEDIATE RELEASE
March 9, 2011

PHILADELPHIA – The American Civil Liberties Union of Pennsylvania filed separate lawsuits in state court today to stop two northeastern Pennsylvania school districts from randomly drug and alcohol testing students who participate in extracurricular activities, including athletics and school dances, or who drive to school. The ACLU of PA believes the schools’ policies violate a 2003 Pennsylvania Supreme Court ruling requiring schools to justify suspicionless drug testing programs with evidence of a widespread drug problem among students.

“These policies teach young people to accept extreme invasions of their privacy when they’ve done nothing wrong,” said Mary Catherine Roper, senior staff attorney at the ACLU of Pennsylvania and one of the attorneys representing the students and their parents.

“Random drug testing is also counterproductive, as studies have shown that extracurricular activities help students avoid drug use. Schools should not be putting up barriers to students’ participation in after-school activities,” she continued. (more…)

February 18, 2011|
Peter Hall
THE MORNING CALL

PHILADELPHIA — An attorney for two Easton Area Middle School girls threatened with discipline last fall for wearing rubber bracelets with the slogan “I ♥ Boobies!” to promote breast cancer awareness argued in a hearing Friday the message wasn’t intended to be sexual and didn’t warrant the school’s ban on the apparel.

The bracelets use the heart symbol popularized by New York’s “I love New York” campaign.

School district solicitor John Freund told U.S. District Judge Mary A. McLaughlin that the intent didn’t matter; it was the perception and context that mattered. Testimony from administrators in the district’s seventh- and eighth-grade middle school building clearly shows other students saw a sexual double entendre in the message. (more…)

WTAE
PITTSBURGH — Lawsuits were filed against the Centers for Rehab Services by two employees who were fired over an e-mail comparing President Barack Obama to a tar ball washing ashore in the Gulf of Mexico.
The company said the e-mail was inappropriate, but the employees said they were just expressing their political views and were wrongfully fired.

Team 4 investigator Paul Van Osdol reported that the e-mail in question was circulated last summer while the federal government was trying to contain the massive Gulf oil spill. It showed an image of Obama walking along a Gulf beach with the caption, “Another tar ball washed up on the shore.” In a memo, a Centers for Rehab Services official called it “an inappropriate e-mail that contained political and discriminatory content.”
The lawsuit said the e-mail led the company to fire Deborah Bonanno and James Sprung, who received the e-mail and forwarded it to co-workers. (more…)