Yesterday, ECBA filed an EEOC charge against New York State on behalf of Patricia Gunning, alleging sexual discrimination and retaliation by her former boss at the Justice Center, James Kiyonaga. Today, after a thorough investigation, the New York State Inspector General issued a report condemning Mr. Kiyonaga, and the State fired him. Ms. Gunning is represented by Richard D. Emery, Ilann M. Maazel, and Debra Greenberger.
For more information, read coverage from the New York Times, New York Post, Times Union, and NY Daily News.
ECBA urged the U.S. State Department to “deploy all necessary resources and undertake every effort” to seek justice for Bakari Henderson, a 22-year-old African-American U.S. citizen brutally beaten to death in Greece in July.
On the night of July 7, 2017, a group of men chased Bakari from a bar in Zakynthos, Greece, and savagely beat him in the street. Their motives are not yet known. Bakari died of the severe head injuries he sustained. Nine men have been arrested.
Bakari was a recent graduate of the Eller College of Management at the University of Arizona. At the time of his death, he was in Greece working on a new clothing line he was developing. He had interned for the Texas House of Representatives and State Senate, which honored him after his death. Bakari’s family and friends remember him as a leader with a voice of reason who was fun-loving, peaceful, and calm. The Henderson family has created the Travel with Bakari initiative to honor his legacy as a compassionate, friendly, inquisitive, intelligent young man.
ECBA represents Bakari’s parents, Phil and Jill Henderson. On behalf of the Henderson family, ECBA urged the State Department to “take all available measures to help ensure the impartiality and thoroughness” of the Greek authorities’ investigation into Bakari’s death. The letter seeks accountability for “all those who bear responsibility for Bakari’s death” and demands that the investigation “fully explore the attackers’ motives, including any potential bias or hatred.”
ECBA attorneys Jonathan S. Abady, Earl S. Ward, and Doug Lieb represent the Henderson family. To read the letter, click here.
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.
Hal Lieberman was interviewed by Joel Cohen of TalksOnLaw, a website that performs lawyer training through CLEs. Entitled “When Lawyers Break the Law,” the segment explores what happens when lawyers do just that. The segment has been approved for CLE credit.
Watch the interview here.
ECBA partner Andrew Celli Praises AG-Nominee Loretta Lynch in Newsweek. To read the full article, click here.
ECBA’s Elizabeth S. Saylor and Diane L. Houk received recognition from Legal Services NYC for providing “valuable pro bono assistance to low-income New Yorkers in 2011-2012.” Each year, the organization recognizes attorneys and other volunteers who have worked to fill the need for civil legal services among low-income City residents.
ECBA has filed an amicus curiae brief on behalf of the International Documentary Association, Film Independent, and a host of award winning documentary filmmakers opposing a New York City subpoena seeking outtake footage from the Ken Burns documentary The Central Park Five. Five young men were convicted of the notorious 1989 rape and assault of a jogger in Central Park, and served lengthy prison terms as a result. All five were later exonerated by DNA evidence. The men then brought suit against the City of New York, prosecutors, and police detectives for wrongful conviction. (In re McCray, et al., No. 03 Civ. 9685.) As part of its defense, the City issued a subpoena to Florentine Films, Ken Burns’ production company, seeking outtake footage from interviews conducted for The Central Park Five, which explores the case, the historical context, and the lives of the five men. The amicus brief argues that the subpoena would violate the federal common law “reporter’s privilege,” and undermine the efforts of documentary filmmakers to report on controversial topics. The brief was prepared by ECBA’s Andrew G. Celli, Jr. and Julia Fong Sheketoff, along with co-counsel Michael Donaldson of the firm Donaldson & Callif LLP in Los Angeles.
To read the brief, click here.
U.S. News & World Report has named Emery Celli Brinckerhoff & Abady as Law Firm of the Year for 2013 in the Civil Rights Law Practice Area. The award is ranked nationally and is given to one law firm each year based on that firm’s overall performance in a given practice area. In determining the award, lawyers voted on expertise, responsiveness, integrity, and whether they consider the firm a worthy competitor. The firms’ client profiles, significant cases, and demographics were also taken into consideration.
To read more about the award, click here.
On October 11, 2012, a federal judge approved a settlement agreement in FHJC, et al. v. Revlyn Apts., LLC, et al., a case alleging racial discrimination at Brooklyn apartment buildings. The lawsuit, which was filed in March 2012, was based on a testing investigation conducted by the Fair Housing Justice Center (“FHJC”) in 2010 and 2011. The Complaint alleged that white testers sent by the FHJC to the buildings were told about available apartments and given truthful information about rent amounts while their African-American counterparts were told that there were no availabilities and/or quoted higher rents.
The settlement agreement provides $225,000 for the FHJC and the four African-American testers who were given false information about rental availabilities to cover damages, attorney’s fees, and costs. The settlement also includes injunctive relief, which will cover a period of three years and apply to three rental buildings in Bay Ridge, Gravesend, and Sheepshead Bay. Defendants Revlyn Apartments LLC and Shorefront Apartments LLC will adopt, display, and distribute a non-discrimination policy; advertise available apartments; maintain rental records and make them available for FHJC inspection; and provide training for all employees on fair housing laws. The plaintiffs are represented by ECBA’s Diane L. Houk and Julia Einbond.
To read more about the case, go to fairhousingjustice.org. To read the settlement agreement, click here.
Plaintiffs’ motion for sanctions against Manhattan Apartments in Short v. Manhattan Apts., et al., was granted by the Hon. Kimba Wood on October 11, 2012. The lawsuit alleges that Defendants Manhattan Apartments and Abba Realty discriminate on the basis of both disability and source of income. Ignoring repeated requests from the Plaintiffs and flouting multiple court orders, Defendant Manhattan Apartments refused to produce its rental listings database.
Judge Wood found that Manhattan Apartments “had a culpable state of mind in failing to produce the requested documents” and that it “acted with intentional bad faith.” Accordingly, the Court awarded attorneys’ fees to the Plaintiffs in the amount of $23,100 and designated the following fact: for the relevant time period, Manhattan Apartments’ rental listing database included directives from landlords that the company not assist clients with governmental housing subsidies in applying for or renting those landlords’ apartments.
Plaintiffs are represented by ECBA’s Diane L. Houk, along with co-counsel Armen Merjian and Robert Bacigalupi of Housing Works. In awarding attorneys’ fees, Judge Wood praised the “exceptionally high quality” of Plaintiffs’ counsel’s work, while citing their extensive experience and positive track records. Further, the decision takes note of the novel subject matter of the case, housing discrimination against individuals living with AIDS and using a rental subsidy provided by the City’s HIV/AIDS Services Administration (“HASA”).
To read the decision, click here.