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ECBA Resolves Broadway Triangle Housing Discrimination Case with Landmark Settlement

A landmark settlement agreement was filed with the Court today resolving a lawsuit brought by ECBA’s client the Broadway Triangle Community Coalition, a diverse group of more than 40 nonprofits, residents, and fair housing advocates.  The Coalition filed suit 8 years ago, alleging that the City’s rezoning and development plans for the Broadway Triangle area of Brooklyn were discriminatory and perpetuated segregation.

The settlement agreement provides for the development of over 375 permanently affordable apartments that will be developed in a way designed to further fair housing without discrimination.  The agreement also provides that the City will pay between $2.4 and $4.8 million to fund fair housing workshops, counseling and educational materials, as well as legal representation for people with housing discrimination complaints in the Broadway Triangle neighborhood, which lies at the intersection of Williamsburg and Bedford-Stuyvesant.

“After years of effort, today’s settlement means the city will properly respond to the real needs of our diverse communities in North Brooklyn,” said Juan Ramos of the Broadway Triangle Community Coalition. “There is a long history of housing discrimination in this area, and affordable housing in the Broadway Triangle is more important than ever given the rapid gentrification and displacement of families who have lived here for generations.”

“The affordable housing development plan, combined with fair housing services in this settlement agreement, provides a strong template for other neighborhoods across the country to use when challenging racially discriminatory housing redevelopment plans,” said ECBA’s Diane L. Houk.

The Coalition is represented by ECBA attorneys Diane L. Houk and Zoe Salzman, together with the New York Civil Liberties Union and  Brooklyn Legal Services Corp. A.

Click here to read the press release.

Click here to read the settlement agreement.

Click here to read the New York Times story on the settlement.

Click here to read the New York Law Journal story on the settlement.

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ECBA Partner Zoe Salzman Quoted on Proliferation of Sexual Harassment Cases

ECBA partner Zoe Salzman was quoted in a New York Post article on the proliferation of sexual harassment cases across different industries in the wake of the Harvey Weinstein scandal.

The article explains how: “Women are incredibly afraid to come forward,” said attorney Zoe Salzman, a partner at Emery Celli Brinckerhoff & Abady. “If it’s true of Hollywood actresses like Ashley Judd and Angelina Jolie, it has to be even more true for women who don’t have the financial and personal resources that actresses have. The restaurant industry, like a lot of industries, is marked by that same power dynamic.”

Still, Salzman sees a silver lining in the Weinstein downfall: “This case is inspiring so many women, even women who are in low-income jobs [will hopefully] feel that they too can stand up and speak out,” she said. “They know now that what is happening is illegal.”

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ECBA Attorneys Published in The New York Times, “Another Venue for Sexual Harassment Claims”

Zoe Salzman, Elizabeth Saylor, and Alanna Kaufman‘s Letter to the Editor, “Another Venue for Sexual Harassment Claims,” was published in The New York Times  on October 31, 2017. In the letter, the attorneys advise victims of workplace sexual harassment to speak out and bring their case to the  New York City Commission on Human Rights.  To read The New York Times  article, click here. Salzman, Saylor, and Kaufman specialize in the representation of victims of sexual harassment.

 

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ECBA Files New Sexual Harassment Case in New York City Commission on Human Rights

ECBA filed a sexual harassment complaint with the New York City Commission on Human Rights today on behalf of a woman named Veronica McILraith against her employer, the legal recruiting firm Wegman Partners LLC, as well as the firm’s CEO Colby Wegman and Chairman of Partner Recruiting, Scott Legg.

According to the complaint, Ms. McILraith was “subjected to an astounding barrage of groping and sexually explicit and derogatory comments, texts, emails, and signs by her boss.”  When she complained, the company sided with the harasser, cut Ms. McILraith’s commissions, and forced her out.

Ms. McILraith filed suit in the New York City Commission on Human Rights notwithstanding Wegman’s attempt to force her into arbitration. The Commission is a powerful body that investigates complaints of discrimination and harassment in New York City. It can award individual damages and attorneys’ fees to the victims just like a court.

“No woman should have to experience this sort of disgusting sexual harassment at work,” said ECBA partner Zoe Salzman, Ms. McILraith’s attorney.  “Ms. McILraith is standing up and saying this sort of behavior has to stop. Other women are standing up. And more will follow.”

Read about the case in The New York Post and The New York Law Journal.

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ECBA Sues Westchester Town for Discriminatory Zoning that Favors Whites

ECBA filed a federal lawsuit today on behalf of the Fair Housing Justice Center (FHJC) and Westchester Residential Opportunities (WRO) against the Town of Bedford and its affordable housing agency, Blue Mountain Development.

Like other Westchester County towns, Bedford’s population is overwhelmingly white. The complaint alleges that the Town awards its affordable “middle income” housing using “preferences” in its zoning code. These preferences prioritize people who already live or work in Bedford and who are far more likely to be white. These preferences violate the Fair Housing Act because they discriminate against African Americans who would otherwise be eligible for the Town’s affordable housing and make it more likely the housing will be given to white people.

The plaintiffs FHJC and WRO are represented by ECBA attorneys Diane L. Houk and Zoe Salzman.

Read the complaint here.

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Tamir Rice Family Expresses Its Outrage at 10 Day Suspension for Officer Involved in Killing of Tamir

The announcement today by the City of Cleveland that the officers involved in the shooting death of twelve-year-old Tamir Rice have been disciplined has only added insult to the pain and grief of the Rice family. Although pleased with the termination of Officer Timothy Loehmann, the decision says nothing about his unlawful actions in shooting young Tamir without cause or justification. Loehmann was terminated not for causing Tamir’s death but rather for lying on his employment application.

The Rice family is disheartened by the decision to suspend Officer Frank Garmback for a mere 10 days where it has been determined that he failed to employ proper tactics when he drove directly up to Tamir thus contributing to the chain of events that resulted in Tamir’s shooting.

Samaria Rice, Tamir’s mother, described the discipline as “deeply disappointing. I am relieved Loehmann has been fired because he should never have been a police officer in the first place—but he should have been fired for shooting my son in less than one second, not just for lying on his application. And Garmback should be fired too, for his role in pulling up too close to Tamir. As we continue to grieve for Tamir, I hope this is a call for all of us to build stronger communities together.”

Tamir’s family is represented by ECBA attorneys Jonathan AbadyEarl Ward, and Zoe Salzman, together with William Mills of FirmEquity and Subodh Chandra of The Chandra Law Firm LLC.

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Supreme Court Upholds City Standing Under Fair Housing Act, as ECBA Sought in Amicus Brief

The United States Supreme Court has ruled that the City of Miami has standing under the Fair Housing Act to sue banks that engaged in predatory lending, triggering foreclosures and other harms throughout the City. ECBA filed an amicus brief in the case supporting the City’s position, on behalf of Miami’s firefighters and first responders who have had to cope with an increase in crimes and other problems festering in foreclosed, vacant properties. The brief was authored by ECBA attorneys Diane L. Houk, Debra Greenberger, and Zoe Salzman.

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ECBA Files Amicus Brief on Behalf of Veterans Opposed to Trump’s Immigration Ban

Emery Celli Brinckerhoff & Abady filed an amicus brief on behalf of four veterans organizations, Vets for American Ideals, Vote Vets, Common Defense, and No One Left Behind. The brief was filed in the pending case Darweesh, et al. v. Trump, et al. (E.D.N.Y.), which challenges President Trump’s Executive Order banning immigrants from seven majority-Muslim nations. Based on their experience fighting on the front lines against ISIS and other U.S. enemies, these veterans  argue that the ban is contrary to the American ideals they fought for, will make it more difficult for their fellow American soldiers to recruit essential local allies in Iraq and in other Muslim countries, and will be a powerful propaganda tool for our enemies that will make the work of deployed American soldiers more difficult and more dangerous.  The brief was written by ECBA partners Matthew D. Brinckerhoff, Elizabeth S. Saylor, and Zoe Salzman.

 

Click here to read the full brief.

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Class Action Leads to End of Tampon Tax in New York State

Five months after five women filed a groundbreaking class action suit to end the Tampon Tax in New York, Governor Cuomo has signed legislation ending the illegal tax.

“We are thrilled New York State is finally repealing this discriminatory tax on all ‘menstruators’ and hope the nation will swiftly follow suit. It’s about time we all recognize the necessity of menstruation products and the obsolescence of their taxation,” said Plaintiff Margo Seibert, an actress in New York.

“Albany has finally seen the light! There’s more work to be done to ease access to these vital products, particularly for low income women, but repealing the tax was a great first step,” said Plaintiff Jennifer Moore, a children’s program coordinator.

“One state down, thirty-nine to go,” said Ilann M. Maazel, lead counsel for the plaintiffs. “This is a tremendous victory for women and for all New Yorkers. It will save women tens of millions of dollars. This lawsuit jumpstarted Albany into action. It’s the beginning of the end of the Tampon Tax in this country.”

“New York has finally stopped taxing women for being women. Now the governor should make sure that New York women who paid this sexist tax for years—especially those women who could least afford it—are compensated and reimbursed,” said Zoe Salzman, another lawyer for the women.

“From the time I entered law school 25 years ago, I’ve known that the tampon tax violated state and federal law. It’s a remnant of a time when all-male legislatures made decisions that devalued women’s interests. That New York State has finally ended this injustice is great cause for celebration,” said Laura Strausfeld, a lawyer who developed a critical theory of the lawsuit on behalf of the plaintiffs.

The five women who brought the case are an actor/co-founder of Racket., a mathematician/data scientist, a programs coordinator for children’s programs, a photographer, and a professor.

The plaintiffs congratulate Assemblywoman Linda Rosenthal for her leadership on this issue.

Follow the latest developments HERE. Read an interview with Zoe Salzman on the case and legislation here.

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Tamir Rice Settlement in the News

On April 25, 2016, the City of Cleveland agreed to a $6 million payment to settle the federal civil rights lawsuit that arose from the tragic death of Tamir Rice. This settlement has received extensive coverage in the national and local press.

Read coverage of the settlement in the New York Times, the New York Daily News, and the Amsterdam News. Read a full profile of the case in GQ.

Listen to an interview with Jonathan Abady on NPR’s The Brian Lehrer Show.

Watch an interview with Zoe Salzman on Democracy Now!.

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