washington lawyers’ committee update · page 2 washington lawyers’ committee director’s...

WASHINGTON LAWYERS’ COMMITTEE

UPDATEVOL. 14, NO. 1 FOR CIVIL RIGHTS AND URBAN AFFAIRS SPRING 2008

Major Settlements .................................. 4, 5, 8

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

New Cases ........................................... 3, 4, 7, 8

40th Anniversary Fund;Annual Funding Campaign ........................... 2

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

Corporate and FoundationContributors ................................................. 12

Inside this issue ...

Committee founders Robert L. Wald, Partner, Baach Robinson & Lewis PLLC(second from left), and John E. Nolan, Partner, Steptoe & Johnson LLP

(center), with Founders' Reception host Tersh Boasberg (left) and Committeesupporter Jamie Gorelick, Partner, Wilmer Cutler Pickering Hale and Dorr LLP.

continued on page 6

Nearly 150 past and presentWashington Lawyers' CommitteeCo-Chairs, board members,trustees, staff, and other supportersattended the Committee's 2008Founders' Reception celebrating theCommittee's 40th Anniversary onMay 6 at the home of Tersh andSally Boasberg in Washington, D.C.

The Committee's ExecutiveDirector Rod Boggs welcomedattendees to the reception, andexpressed his appreciation for thecontributions that the Committeehas received over the years from itsmany supporters in attendance andfrom colleagues at their law firms.

Committee Supporters Attend40th Anniversary Founders' Reception

Rod Boggs also praised thevision of the Committee's founders.He acknowledged the contributionsof the dozens of attorneys, currentand former board members andCommittee staff, who have workedwith the Committee during the past40 years.

The Hon. James Robertson, U.S.District Court Judge for the Districtof Columbia and a formerCommittee Co-Chair, and currentCommittee Co-Chair ThomasBrunner of Wiley Rein LLPpresented Rod Boggs with acertificate acknowledging his 37 yearsof service as the Committee'sExecutive Director.

Over 70 school partnershipcoordinators, volunteers from arealaw firms and companies, and D.C.Public School (DCPS) officialsparticipated in the WashingtonLawyers' Committee's first SchoolPartnership Summit on Friday,April 24 at Arent Fox LLP.

"The Summit provided a greatopportunity for businesses to hearabout the success of our law firmpartners in working with localschools," said Iris Toyer, Directorof the Committee's D.C. PublicSchool Partnerships Project.

Rod Boggs, the Committee'sExecutive Director, introducedspecial guest Michelle Rhee,Chancellor of D.C. Public Schools(DCPS), who emphasized thatDCPS is seeking individuals andfirms across the city to adopt

Committee HostsFirst School

Partnership Summit

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WASHINGTON LAWYERS’ COMMITTEEDirector’s

Corner

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

The Committee recent 40thAnniversary Founders' Reception,featured in this issue of the Update,brought to mind several reasons forour organization's success in buildingits program over the years.

First among them is the foresightand commitment of Judge LouisOberdorfer and the small group oflawyers he and John Nolan calledtogether in 1968 to create theCommittee. Their shared vision ofwhat the Washington legal communitycould do to advance the cause of civilrights was truly inspired; it laid a strongfoundation for all that followed. It wasa pleasure to see John Nolan, RobertWald, and so many other Committeefounders and senior Trustees andformer Co-Chairs at the reception. It

was unfortunate that Judge Oberdorfercould not be with us due to a recentillness, and I know all Committeesupporters wish him a full and speedyrecovery.

The presence at our reception ofnumerous long-time supporters fromfirms throughout the city was a vividreminder of how much the Committeehas benefited over the years from theexceptional service of truly remarkableleaders in our city. Many of theseindividuals, including current BoardMembers and Trustees, have workedwith the Committee for years.

The Committee recently announceda plan to encourage the development ofa new generation of leaders through theappointment of Associate Trustees. Byreaching out to highly regarded youngerlawyers, who have demonstrated astrong commitment to civil rights, theCommittee clearly recognizes theimportance of planning for the future.More than 30 lawyers have recentlyaccepted appointment to these positionsand I hope that they will soon be joinedby others who share their passion forour cause. Our staff looks forward toworking with them in the months ahead.

Another key element in theCommittee's success is the quality andcontinuity of its staff. The presence oftwo distinguished former Project

Directors, Joe Sellers and JohnRelman, at the Founders' Receptionhighlight that the Committee has beenextremely fortunate to have attracteda long line of terrific lawyers to leadits various projects. We can beoptimistic about the future knowingthat the new generation of ProjectDirectors, led by Susan Huhta, ElaineGardner, Laura Varela and PhilFornaci, share the qualities ofleadership and commitment soevident in their predecessors. We canalso take a great pride in thecontinuing service of senior projectleaders, such as Isabelle Thabault,Mary Levy and Iris Toyer, and seniorcounsel, including Warren Kaplan,Dick Ritter, Bob Bruskin, and DonKahl. The same can be said for theexcellent work of our support staff,anchored by Da'aga Hill Bowman,Rochelle Jones and Susan Gilbert.

The Committee's 40thAnniversary is a most appropriatetime to thank these individuals whohave contributed so much to ourwork over the years and helped to setthe stage for the challenging workahead. In that undertaking, we invitethe support of long-time friends andnew recruits. With their help, webelieve the Committee's next 40 yearswill see even more progress towardour goal of equal opportunity for allin our community.

The Committee recently established a 40th Anniversary Founders' Fund, named in honor of Judge Louis F.Oberdorfer and a small group of Washington lawyers led by John Nolan of Steptoe & Johnson who created theWashington Lawyers' Committee in the Summer of 1968. This group included John Douglas of Covington & Burling,William Rogers of Arnold & Porter, Edward Bennett Williams of Williams & Connolly, Herbert J. Miller of MillerCassidy, and Robert Wald of Wald Harkrader & Ross.

The Committee intends to allocate all funds raised as part of its 40th Anniversary Funding Drive over and above itsbasic budget needs for 2008 to the Founders' Fund. This fund will be treated as a reserve fund/endowment to seed newprojects as needed and meet unforeseen financial emergencies. Our goal for the fund is $1.5 million. To reach this target,the Committee is asking that all firm and individual supporters this year consider a one-time doubling of their annual giftsor, in the case of firms, support at the level of $200 per lawyer per firm.

For the 2007-2008 Annual Campaign, the Committee had received contributions of $250,300 from 32 firms and$321,687 from 803 individuals as of May 28, 2008, not including contributions to the Committee's 40th AnniversaryWiley Branton Awards Luncheon or gifts to the Founders' Fund. To be included in the current year's campaign, giftsfrom individuals and firms should be sent to the Committee by September 30. The Committee thanks all contributorsfor their gifts and expresses great appreciation for the service of Associates and Partners who coordinated funding drivesat their law firms.

Committee Establishes 40th Anniversary Fund; Annual Campaign Proceeds

SPRING 2008 UPDATE

continued on page 10

Housing ChoiceVoucher Cases Filed

Against N.J. Properties

On April 9, 2008, theCommittee, with co-counselWinston & Strawn and Loughlin& Latimer, brought suit in N.J.Superior Court on behalf of the FairHousing Council of Northern NewJersey ("FHCNNJ") against theowners and managers of El DoradoApartments and Riverside Gardens inBelleville, N.J., and Haynes RunApartment Homes in Medford, N.J.

The lawsuit alleges that theowners and managers of theseproperties violated New Jersey's LawAgainst Discrimination by refusing toaccept tenants holding federalHousing Choice Vouchers.

The N.J. Law AgainstDiscrimination prohibitsdiscrimination based on source ofincome and therefore protectsholders of the vouchers.

Over the past year, theFHCNNJ has been testing rentalproperty in New Jersey to determinethe extent to which landlords andproperty managers have beencomplying with New Jersey's LawAgainst Discrimination.

As a result of these tests, theFHCNNJ identified several housingcomplexes that refused to acceptprospective tenants who sought topay their rent with vouchers.

The cases are pending.

Committee ObtainsDefault Judgment in

Predatory Lending Case

On February 29, 2008, theCommittee with co-counselSkadden, Arps, Slate, Meagher &Flom LLP & Affiliates obtained adefault judgment against two of thedefendants in the case of Griffith v.Barnes, et al., that alleged predatorylending. A hearing on damages tookplace on April 15, 2008. Previously,the plaintiffs reached a settlementagreement with another defendant.

The lawsuit, filed on September25, 2006, in federal district court forthe District of Columbia on behalfof Ms. Leslie Griffith, allegeddefendants used a predatory lendingscheme to obtain ownership of Ms.Griffith's home fraudulently. Ms.Griffith, who inherited hergrandmother's home in the Districtof Columbia, had difficulty makingmortgage payments.

The complaint alleged thatdefendant Paul Barnes, a real estateagent, offered to help her "save" herhouse, but through falserepresentations induced her toexecute documents that allowed,without her knowledge, transfer ofthe property title to a straw manpurchaser, and encumbrance of theproperty with multiple mortgages.Through the repeated use of thisprocess the defendants extracted over$300,000 in equity, leaving our clientwithout title to her home or thesubstantial proceeds from thesetransactions.

The complaint alleged that thescheme constituted a fraud and alsoviolated numerous federal and statelending laws and regulations.

City of Zanesville, Ohio,Sued for Failure to

Provide Water Service

The Committee, and co-counsel Relman & Dane PLLC andJones Day, are representing a groupof African-American residents ofZanesville, Ohio, in a trial that beganMay 12, 2008, in federal district courtin the Southern District of Ohio,against the City of Zanesville. Thelawsuit alleges a longstanding patternof race discrimination in theprovision of services, specificallyrunning water to their homes.

Plaintiffs alleged that the City ofZanesville and Muskingum County,for decades, failed to provide waterservice to predominantly black areas,while providing water to white areas.As a result, black residents untilrecently were required to obtainwater by hand from wells becausewater service was not provided totheir homes.

Committee VolunteersHelp Knights of St. John

Obtain Approval toRebuild Center

The Knights of St. John, acharitable organization comprised ofAfrican-American members of theCatholic Church in Charles County,Maryland, succeeded in a decade-longquest to secure permits to rebuild

Fair Housing


MetroAccess SettlementApproved

A settlement of enormousimportance is near conclusion in aclass-action complaint alleging thatMetro's curb-to-curb paratransitservice is so substandard that itillegally discriminates against peoplewith disabilities and violates federallaw. On February 8, an ordercertifying the settlement class andgranting preliminary approval of thesettlement agreement was signed inthis class action lawsuit, filed fouryears ago by Wiley Rein LLP andthe Disability Rights Project. Afairness hearing was held on May 22,2008, and the parties are awaiting thedecision on final approval of thesettlement.

The ADA requires Metro toprovide comparable transportationservices to people whose disabilitiespreclude them from using the regularfixed route system. The complaintspecifically alleged frequent missed-trips, exceedingly late pickups,excessively long trips, poor customerservice, malfunctioning equipmentand reservation system inadequacies.

Under the terms of the $14million settlement agreement,MetroAccess will hire expertconsultants to assist in its ongoingoversight of MetroAccessperformance and will implementcontract changes to enhance serviceby increasing the paratransit budgetby $4 million a year over a three-yearperiod.

In addition, every registeredMetroAccess patron will receive 10free rides, each of the 14 customers

named in the class action suit willreceive $5,000, MetroAccess riderswho provided sworn testimony willreceive $1,000, the Equal RightsCenter will receive $65,000, and theCommittee and Wiley Rein willreceive their fees.

FlexCar and ZipCarSued for Failure to

Install Vehicle HandControls

On October 10, 2007, theCommittee's Disability Rights Projectand Steptoe & Johnson LLP filedlawsuits against car-sharing companiesFlexCar and ZipCar, which havesince merged, alleging violations ofthe ADA and the D.C. Human RightsAct because they do not providepeople with disabilities full and equalenjoyment of their car-sharingservices.

The lawsuits were filed onbehalf of the Equal Rights Center(ERC) and an individual member ofFlexCar who was led to believe,through the membership agreementand company website, that handcontrols were available in FlexCarvehicles.

Hand controls are devices thatenable people to drive independentlydespite being unable to operateaccelerator and brake pedals. They arerelatively inexpensive and easilyinstalled mechanical devices. Theinstallation of hand controls does notprevent other drivers from using thegas and brake pedals to operate thevehicle.

Both companies informed themember that they would not provide

hand controls for their vehicles. Thecomplaints further allege that bothcompanies restrict the ability totransport animals, including assistanceanimals, in vehicles, and do notpermit their members to be drivenby an aide, constituting additionalviolations of the ADA.

The complaints also name theDistrict of Columbia as a defendant.By providing these companies withfree parking spaces, the District isgiving benefits to entities thatdiscriminate against people withdisabilities.

Hilton Hotels Sued forFailure to DisperseAccessible Rooms

In August 2007, the Committeeand Gilbert Randolph LLP filed alawsuit against Hilton Hotels, allegingthe hotel chain violated the ADA byfailing to disperse its accessible roomsamong different classes of rooms.This failure prevents a person with adisability from booking, for example,a room with two beds or a roomwith an oceanfront view. Thecomplaint also alleged seriousaccessibility issues throughout thehotel chain, including barriers toaccess in rooms designated asaccessible and barriers throughoutcommon areas of the hotels.

The suit was based on anindividual complaint and surveys ofover two dozen Hilton Hotels by theEqual Rights Center. An amendedcomplaint was filed on April 10,2008, adding plaintiff organizationthe American Association of Peoplewith Disabilities, two individualplaintiffs, and new allegations.

Disability Rights

SPRING 2008 UPDATE

Public Accommodations

An Interview with Thomas W. Brunner, Lead CounselIn Equal Rights Center v. Washington Area

Metropolitan Transit Authority

Thomas W. Brunner, a partner atWiley Rein LLP and Co-Chair of theWashington Lawyers' Committee,served as lead counsel in theCommittee's successful class actionrepresenting 17,000 disabled riders intheir claim against MetroAccess thatthe District of Columbia's curb-to-curbparatransit service was so substandardthat it illegally discriminated againstpeople with disabilities and violatedfederal law. He talked with theCommittee about the case.

Q: Why did your firm getinvolved in this case?

A: Several years before, we hadworked with Disability Rights ProjectDirector Elaine Gardner on earlierdiscussions with Metro aboutdeficiencies in the MetroAccessprogram. When improvementspromised in prior MetroAccess

negotiations were not delivered, we feltcommitted to follow through on ourinvolvement as the concerns of theMetroAccess riders reached the pointof launching litigation. We weresurprised that Metro forced us to go tocourt over this but they did.

Q: What special challenges didthe case present?

A: First, Metro insisted for yearsthat the system was working quite well,that their statistics proved it, and thatour plaintiffs and other riders whocame forward were chroniccomplainers. We had to show thattheir statistics were fundamentallyflawed. Second, while representing alarge class is always challenging, in thiscase the difficulties of communicationwere greater because the classmembers have serious disabilities.Fortunately, the staff of theCommittee and the Disability RightsCouncil did a terrific job in reachingout to class members and respondingto their inquiries.

Q: What was your experienceworking with Committee staff and the

Disability Rights Council?

A: It was a remarkableexperience. In particular, ElaineGardner is inspiring, dedicated andextraordinarily knowledgeable.Overall, we could not have hoped forbetter colleagues than the people weworked with at the WashingtonLawyers' Committee and the DRC.

Q: How would you describe theimpact of working on the case forlawyers at your firm?

A: It made a very positiveimpact. Over the four years that thiscase consumed, a lot of people atWiley Rein, from senior partners tosupport staff, made significantcommitments of time and energy onthe case. We feel a considerable pridein the anticipated improvements in theMetroAccess system and, hopefully, inthe experience of its riders as a resultof the settlement. Several people atthe firm have told me that they havefamily members who are MetroAccessriders and that they are grateful for thefirm's efforts on their behalf.

The Pantry, Inc. SettlesRace DiscriminationCase, Lawsuit FiledAgainst Friendly's

In March 2008, the Committee,with co-counsel Relman & DanePLLC, announced the settlement of arace discrimination complaint filed withthe South Carolina Human AffairsCommission against The Pantry, Inc.,which owns and operates a chain ofgas stations and convenience stores

Committee WinsLawsuit Against D.C.

Police and FURNightclub

In April 2008, the Committee andco-counsel Katten MuchinRosenman LLP obtained a juryverdict for a recent immigrant of Arabdescent in the U.S. District Court forthe District of Columbia in a lawsuitfiled against the D.C. PoliceDepartment, the off-duty officers,

Blue Gin NightclubSettles Race

Discrimination Claims

On January 10, 2008, theWashington Lawyers' Committee, withco-counsel Kirkland & Ellis LLP,settled ethnic and racial discriminationclaims on behalf of Meenoo Chahbaziand an organization named ShabehJomeh against the Blue Gin nightclubin Georgetown.

For a number of years, Ms.continued on page 11 continued on page 11 continued on page 10

Thomas W. Brunner, Esq.Wiley Rein LLP


Public Education

On Thursday, November 29,2007, nearly 200 fifth- and sixth-gradestudents from 46 D.C. Public Schoolscompeted in the 3rd AnnualGeoPlunge Challenge Tournament atBell Multicultural High School inWashington, D.C.

The event was a great success,with teams of enthusiastic studentscompeting in the popular award-winning card game GeoPlunge createdby Arent Fox LLP partner Alan Fishelto encourage students to learn aboutU.S. geography.

"The tournament wasoutstanding!" declared Kendall Evans,a J.O. Wilson Elementary Schoolteacher whose team won first place,"The children seemed to have learnedso much by playing this game. We lookforward to participating every year!"

The Committee's D.C. PublicSchool Partnerships Project workedwith Arent Fox LLP and the Office ofthe Chancellor of D.C. Public Schoolsto organize the tournament, withattorneys and staff from law firms andthe D.C. public school systemmanaging logistics, serving as monitors,and judging the competition.

Dozens of D.C. area law firmsand individuals donated funds tosponsor the teams' participation in thetournament.

Chancellor Michelle Rheeexpressed her appreciation for theGeoPlunge Tournament, recognizingthat it generated "excitement aroundlearning that is critical for our kids tothrive."

The team from J.O WilsonElementary School received the first-

46 DCPS Schools Competein Fall 2007 GeoPlunge

Tournament

adopt schools and establish moreschool partnerships. She encouragedinterested individuals and firms tocontact Shereen Williams, Director ofCommunity Partnerships for D.C.Public Schools, who also attended theevent.

Guest speakers from model lawfirm and corporate partnershipsdescribed their partnership activitieswith D.C public schools and students.

Stan Samorajczyk, a senior partnerat Akin, Gump, Strauss, Hauer &Feld LLP, described the firm's 10-year partnership with Tyler ElementarySchool, where activities includetutoring; mentoring; providing books,computers, wireless internet access,and hot dinners that improved parentattendance at PTA meetings. Tylerstudent test scores over the past fewyears have increased by 20%, makingthe school one of the stars of DCPS.

Christine Ladd, Associate GeneralCounsel at Fannie Mae, listed manyof the company's activities, includingbook and clothing drives, libraryrenovations, student art calendarfundraisers, financial literacy training,and holiday food baskets for thefamilies of students at theirpartnership school, Marie ReedLearning Center.

Jennifer Tribulski and WilliamJames from Patton Boggs LLP,discussed their firm's partnership withFrancis Junior High School, wherefirm volunteers coach basketball; teachmath; provide school supplies,

uniforms, and books for the schoollibrary; hold silent auction and bakesale fundraisers for school needs, andreceptions for school administratorsand staff.

Sidney Dickstein, a foundingpartner at Dickstein Shapiro LLP,described his firm's 10-yearpartnership with Ellington School ofthe Arts, where activities includeproviding art supplies and books, andsponsoring students and teachers atAnderson Ranch Arts Center inSnowmass, Colorado.

Alan Pemberton, a partner atCovington & Burling, outlined thefirm's partnership at Cardozo SeniorHigh School, describing the firm'sSaturday Academy, which has providedstudents with practice interviewing, jobskills training, field trips, mock trials,and summer jobs since 1992; and thefirm's scholarship for graduatingDCPS students to attend theUniversity of the District ofColumbia.

Alan Fishel, a partner at ArentFox LLP, which is partnered withRandle Highlands Elementary School,explained that he invented the cardgame GeoPlunge to motivate studentsto learn about U.S. geography. Due tothe game's popularity, participation hasexpanded from Randle Highlands tomore than 46 D.C. public schoolsthrough annual GeoPlungetournaments organized by theCommittee and Arent Fox.

School Partnership Summit (cont. from page 1)

continued on page 11

Speakers gather at the first School Partnerships Summit. From left: JenniferTribulski and William James from Patton Boggs, LLP; Committee Executive

Director Rod Boggs; Iris Toyer, Director of the Committee's D.C. Public SchoolPartnerships Project; Alan Fishel, Partner, Arent Fox LLP; Stan Samorajczyk,

Partner, Akin Gump Strauss Hauer & Feld LLP; Christine Ladd, AssociateGeneral Counsel, Fannie Mae; Sidney Dickstein, Founding Partner, DicksteinShapiro LLP; and Gregory S. Lewis, Executive Director, Washington Revels.

SPRING 2008 UPDATE

Immigrant and Refugee Rights

Precedent Holds Immigration Status Is Irrelevant in FLSA Case

On January 14, 2008, an important precedent was established in the Fourth Circuit when the District Court ofMaryland, Northern Division, ruled, in a published decision, that an individual's immigration status is irrelevant in aFair Labor Standards Act (FLSA) action.

During discovery, the defendants filed a motion to compel information relating to the immigration status ofboth the class representatives as well as the opt-in plaintiffs. The court denied the motion, holding that theprotections provided by the FLSA are available to citizens and undocumented immigrants, regardless of immigrationstatus. This result will help protect thousands of exploited immigrant workers in the future.

The case that produced this ruling was filed February 21, 2007, when four Hispanic plaintiffs, represented by theCommittee and co-counsel Pillsbury Winthrop Shaw Pittman LLP, filed a class action against S.C.C.P. PaintingContractors, an area painting company. The lawsuit alleged violations of the FLSA and Maryland law, for engaging ina uniform and systematic scheme of wage payment abuse against immigrant employees for work performedthroughout Washington, D.C. and Maryland. The plaintiffs filed a Motion to Conditionally Certify a Collective ActionClass on December 10, 2007, which was granted by the court on February 26, 2008.

On October 16, 2007, theCommittee and co-counselBeveridge & Diamond PC, filed alawsuit on behalf of the Equal RightsCenter and eight Hispanic individualsin U.S. District Court for the EasternDistrict of Virginia against the Cityof Manassas, Virginia, and theManassas City Public Schools(MCPS). The lawsuit alleges that theCity and its school system haveengaged in a systematic effort totarget, discriminate against, and evictthe City's Hispanic residents.

The complaint alleges that theCity violated the U.S. Constitution, theFederal Fair Housing Act, and federaland state civil rights laws by selectivelyenforcing zoning and related laws totarget Hispanic residents and byengaging in illegal harassment,intimidation, and coercion based onnational origin and familial status.

The complaint further allegesthat MCPS also violated the U.S.

Constitution, the Federal Fair HousingAct, and federal and state civil rightslaws by secretly disclosing confidentialstudent records to the City to targetHispanic families for discriminatoryzoning actions.

Housing Lawsuit Filed Against City of Manassas

Several attorneys whoparticipated in the Committee'sAsylum Training Program, co-sponsored with the D.C. Bar last fall,successfully represented clients insubsequent cases.

An attorney from MilbankTweed Hadley McCloy LLPgained a grant of asylum from theArlington Asylum Office for astudent from Afghanistan who hadreceived death threats due to hisinvolvement in the education of

women in his country. She alsohelped the young man gain post-asylum benefits to which he wasentitled. Another attorney fromMilbank Tweed gained asylum for aseverely traumatized woman fromCote D'Ivoire targeted because ofher involvement in an oppositionparty.

Other attorneys in attendance atthe 2007 training are currentlyworking on asylum cases. Anattorney at Crowell and MoringLLP is representing an Ethiopianasylee in Immigration Court, twolawyers from Goodwin ProcterLLP are representing a youngwoman from Mali at the ArlingtonAsylum Office, and two attorneysfrom Venable LLP are representinga minor from El Salvador inImmigration Court.

Another all-day training sessionwill be held in the fall of 2008 at theD.C. Bar.

Asylum TrainingParticipants Win

Victories for Clients


Prisoners’ Rights

Prisoners' Project Litigation Addresses Prison Conditions and ReleaseProcedures

For many years, the D.C.Prisoners' Project, in collaboration witharea law firms, has focused ondefending the rights of D.C. prisonersto safe living conditions, freedom fromtorture and inhumane treatment, andaccess to appropriate medical care.This remains the primary focus of theProject's work, with more than a dozencases currently in litigation challengingconditions of incarceration.

In recent years, the Project hastaken on important matters addressingthe release from jail, treatment byparole authorities, and representationof prisoners seeking parole.

Some of our "conditions" casesinclude those arising out of D.C. jailfacilities, including: a murder andstabbing in 2002, when the DC Jailwas overcrowded and understaffed(with Covington & Burling); sexualassaults by corrections officers againstwomen prisoners (with PillsburyWinthrop Shaw Pittman LLP); andserious assaults against prisoners heldin so-called "protective custody" status(with Reed Smith LLP).

We have also broadened our focusto include the thousands of D.C.prisoners held in federal prisons acrossthe U.S.

These cases address the restrainingof a D.C. prisoner in shackles insidehis cell in a federal prison for nearly anentire month (with Morgan Lewis &Brockius); the assault and blinding ofa prisoner by other inebriatedprisoners (with Steptoe & Johnson); achallenge to the Fourth Circuit's banon prisoner cases from privatelyowned prisons (with McDermott Will

& Emery); and a major class-actioncase (with Covington & Burling)seeking adequate medical care forthousands of D.C. prisoners held in aprivately owned prison in NorthCarolina.

In March, the Project, with co-counsel O'Melveny & Myers, settleda case that resulted in significantimprovements in the way the D.C. Jailreleases prisoners in its custody, as wellas a sizable financial settlement. InDecember 2005, D.C. Jail staffreleased a woman with AIDS recentlydischarged from hospital while incustody, without a coat, withoutcontacting friends, relatives ortransport, and without a minimalsupply of medications to continue hertreatment.

As a result, the woman's healthquickly worsened, she lapsed into acoma and, after regainingconsciousness, was confined to anursing facility for over a year. Duringlitigation, the District of Columbiaagreed to drastically improve itsdischarge policies, developingprocedures that ensure nearly everyinmate who requires continuedmedications receives a "bridge" supplyupon release.

In April 2008, the Project with co-counsel Williams & Connolly, filedanother important case involving awoman unlawfully imprisoned in theD.C. Jail for five months. Onlythrough the persistent efforts ofProject staff did Jail officialsinvestigate why the 54-year-old Armyveteran was in their custody. She wasnever informed of the reason for herarrest, never brought before a judge,

never appointed counsel, and neveradvised of her rights. Neither theU.S. Marshal's Service, which issuedand executed an invalid warrant, northe Corrections Corporation ofAmerica (CCA) staff, which runs thejail facility where our client was held,determined why she was arrested ordetained.

This case is particularly significantin light of the District's settlement in2006 of a $12 million lawsuitinvolving its failure to releaseprisoners on a timely basis. Ourlawsuit seeks significant compensatoryand punitive damages against federaland local government agencies andCCA.

Prisoners' Project,Community Groups

Seeking Parole ReformLegislation

The D.C. Prisoners' Project isworking with Covington & Burling,other advocates and communitygroups on legislative efforts tooverturn the U.S. Parole Commission v.Noble decision that significantlycurtailed the rights of D.C. parolees.This decision required that a paroleeforfeit his "street time," or time spentsuccessfully on parole without atechnical violation or a new violationof law, when his parole is revoked forany reason. Reversal of this decision,which has forced thousands of D.C.parolees to "re-serve" the same paroletime, is the top public policy goal ofthe Project.

SPRING 2008 UPDATE

On January 23, 2008, theCommittee, with co-counsel Steptoe &Johnson LLP, filed a disabilitydiscrimination lawsuit in MarylandDistrict Court against the WashingtonCounty Department of Water Qualityon behalf of employee Tony Davis,alleging that he was denied reasonableaccommodation and discriminatorytermination due to his disability.

Mr. Davis, a veteran WashingtonCounty, MD employee, suffers from acognitive disability caused by a severeon-the-job head trauma suffered in thelate 1990s. For years after this injury,he worked successfully for the County'sDepartment of Water Quality. In 2005,however, his job required that he obtainMaryland state certification and pass astate-administered test.

Because of his disability, herequested an accommodation foradditional time to take the test.Although the state granted his requestfor extra time to take the exam,Washington County fired him beforehe could take the test, finding that hewould not likely pass even with theaccommodation.

Discharged Employee, Denied Accommodation, Sues Washington Co.Department of Water Quality

Equal Employment Opportunity

40th Anniversary Founders’ Reception (continued from page 1)

Committee supporters listen to speakers at the2008 Founders' Reception.

L/R: Committee Co-Chairs Thomas W. Brunner, Partner, WileyRein LLP, and Denise A. Vanison, Partner, Patton Boggs LLP;Rod Boggs, with certificate acknowledging his 37 years as the

Committee's Executive Director; and The Hon. JamesRobertson, U.S. District Court Judge for the District of Columbia.

Committee board member and former Co-ChairJames N. Bierman, Partner, Foley & Lardner LLP

(left), with former Committee board member JosephM. Hassett, Partner, Hogan & Hartson LLP.

Photo by Earl Dotter


L/R: Committee trustee Alexander W. Sierck,Partner, Cameron LLP; with Committee supporter

David B. Isbell, Senior Counsel, Covington &Burling LLP.



Arrivals

New Co-Chair:

Denise A. Vanison

Denise A. Vanison, a WashingtonLawyers' Committee board membersince 2000, has been elected Co-Chairof the Committee's Board ofDirectors, succeeding Melvin White,who recently completed his term asCo-Chair.

Denise, an immigration lawpartner and member of the ExecutiveCommittee at Patton Boggs LLP,advises multi-national and domesticcorporate clients on a broad range ofimmigration issues. Ms. Vanison alsorepresents pro bono clients onimmigration and social security mattersand serves as co-chair of PattonBoggs' Pro Bono Committee. Shevolunteers with Patton Boggs'spartnership with Francis Junior HighSchool, and is an Adjunct Professor inimmigration law at AmericanUniversity Washington College of Law.She is a graduate of the University ofVirginia and Georgetown UniversityLaw Center.

Roberto Gonzales

Roberto Gonzalez, an associate inthe Litigation Department at WilmerCutler Pickering Hale and DorrLLP, and a recipient of a Wilmer HalePickering Fellowship in Washington,D.C., recently joined the Committee towork for the next six months with boththe Equal Employment Opportunityand Immigrant and Refugee RightsProjects. He previously clerked forU.S. Supreme Court Justice John PaulStevens and The Hon. GuidoCalabresi of the U.S. Court of Appealsfor the Second Circuit. He is agraduate of Duke University andStanford Law School.

Sarahi Uribe

Sarahi Uribe recently joined theWashington Lawyers' Committee as aparalegal and community outreachcoordinator for the Committee'sImmigrant and Refugee Rights Project.Previously, she interned at Yale LawSchool's immigrant rights clinics, andparticipated in grassroots organizing onimmigrant rights issues in Connecticut.She is a graduate of Yale University.

Cynthia Lewis

Cynthia Lewis recently joined theWashington Lawyers' Committee asAdministrative Assistant to theExecutive Director. She previouslyworked with Lockheed Martin, GeneralDynamics, and The Corcoran, fromwhich she also holds a certificate inDigital Media Technology.

Knights of St. John Obtain Approval toRebuild Center (continued from page 3)

Maryland, succeeded in a decade-longquest to secure permits to rebuild theircommunity center when an outstandingteam of lawyers from Beveridge andDiamond PC took on their cause.

Founded over 75 years ago inCharles County, the Knights of St.John had maintained a communitycenter on four acres of land theyowned in Charles County. When theroof was damaged in 1998, the Countyordered the Knights to destroy thebuilding rather than allowing them torepair it and repeatedly refused to issuethe necessary permits to rebuild it.The Knights noticed that otherproperties were being developedaround them, and suspected racediscrimination might be contributing totheir inability to get the necessarypermits.

For more than two years,Beveridge and Diamond advocatedwith the county and state to obtain thenecessary approval and in the processenlisted broad support, including thatof the Red Cross, which noted that thenew community center could helpalleviate the shortage of emergencyshelters in Charles County. In March2008, the County finally grantedapproval for the community center tobe rebuilt.

Blue Gin Nightclub Settles(continued from page 5)

Chahbazi and Shabeh Jomeh,composed of young professionalIranian Americans, had held monthlysocial networking events at the BlueGin nightclub. In early 2007, the BlueGin, acting through its newly hiredpromoter, Jamie Hess, advised Ms.Chahbazi that the club owners desiredto have a "whiter" crowd at the Club,and that if Shabeh Jomeh wished tocontinue holding its monthlynetworking events there, it would needto confine itself to a separate area atthe club, away from the other patrons,and other restrictions would also beimposed.

The settlement reached with theClub included a public apology postedat the Club and on various websites,

diversity training for Club staff, andpayment of damages. A complaint wasfiled against promoter Jamie Hess infederal court for the District ofColumbia on January 10, 2008, allegingviolations of both federal and D.C.civil rights laws.

SPRING 2008 UPDATE

The Pantry Settles Lawsuit(continued from page 5)

stores under the name KangarooExpress in the Myrtle Beach area.

The complaint alleged that thePantry provided different terms andconditions at its facilities during the2007 Black Bike Week than during the2007 Harley Week and other times ofthe year.

Black Bike Week is apredominantly African Americanmotorcycle event held annually in theMyrtle Beach area. It is preceded byanother bike rally held the previousweek known as the Harley DavidsonSpring Bike Rally, whose participantsare predominantly white.

During Black Bike Week, anumber of popular restaurants, hotelsand other retail establishments inMyrtle Beach have closed or offeredsubstandard services and amenities,which stands in sharp contrast to theirpractices during Harley Week.

The settlement requires measuresto ensure equal treatment of futureBlack Bike Week visitors, includingproviding goods and services to BlackBike Week customers that are thesame as those provided to HarleyWeek customers.

The Pantry will also provide anti-discrimination training to its employeesand independent contractors andestablish procedures for receiving andinvestigating complaints of unequaltreatment.

The settlement includes monetarycompensation to the plaintiffs.

The Pantry will also discuss futurepartnerships with the Committee andthe NAACP to promote equaltreatment of Black Bike Weekparticipants by all Myrtle Beach areabusinesses, which will significantly

enhance our Black Bike Weekmonitoring program.

In another Myrtle Beach case, theCommittee and co-counsel Relman &Dane PLLC filed, in October 2007, aputative class-action lawsuit on behalfof the NAACP, an individual biker anda class of African Americans whoclaimed that they were discriminatedagainst by the Ocean BoulevardFriendly's restaurant during a BlackBike Weekend.

From 2000 to 2006, Friendly'sclosed down the restaurant duringBlack Bike Week and instead offeredbarbeque in the parking lot.

Committee Wins FUR Lawsuit(continued from page 5)

FUR Nightclub and its bouncer,alleging discrimination, violations of theplaintiff's Fourth Amendment rights,and battery.

The plaintiff had been accosted inMarch 2005 by a FUR Nightclubbouncer who punched him in the faceand broke his nose.

The altercation had prompted theinvolvement of four off-duty D.C.police officers, who handcuffed anddragged him from the nightclub, beathim and subjected him to race-basedepithets.

The plaintiff was victorious in hisbattery claims against the bouncer andFUR Nightclub, and on his Section1983 excessive force claim against oneof the off-duty officers.

Section 1983 claims against theother off-duty officers are still pendingand on appeal currently to the D.C.Circuit on qualified immunity grounds.

The results in this case will serveto deter law enforcement officials fromengaging in such abuses in the future.

place trophy and tickets to aWashington Wizards basketball game.The Payne Elementary School teamplaced second, the Randle HighlandsElementary School team finishedthird, and the Eaton ElementarySchool team took home fourth place.The Takoma Education Center Schoolteam won the comeback round.

Students respondedenthusiastically to the tournament,commenting: "It was fun and alsochallenging to play with other schools,""It's great to test your geographyskills," "I liked the sportsmanship andthe teamwork," and "It is a great gameand I look forward to playing it again."

GeoPlunge Tournament(continued from page 6)

L/R: Sheldon S. Cohen, formerCommittee Co-Chair; Committeeboard member Donald M. Remy,

Partner, Latham & Watkins, LLP; andCommittee supporter Mortimer Caplin,

Partner, Caplin & Drysdale.

L/R: Susan Huhta, Director of theCommittee's EEO Project; Committee

board member Thomas J. Mikula,Partner, Goodwin Procter LLP; and

Committee supporter Irvin B. Nathan.

40th Anniversary Founders’Reception (cont. from page 9)




Washington Lawyers’ Committee

for Civil Rights and Urban Affairs

UPDATE

Board of Directors

Thomas W. Brunner

Denise A. VanisonCo-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 ProjectMary M. Levy, Project DirectorPublic Education Reform Project

Iris J. Toyer, Project DirectorD.C. Public School Partnerships Project\

Laura E. Varela, Project DirectorImmigrant and Refugee Rights Project

Philip Fornaci, Project DirectorD.C. Prisoners’ Project

Da’aga Hill Bowman, DirectorFoundation Outreach and Public Information

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

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

Thomas W. Brunner, Co-ChairDenise A. Vanison, Co-ChairMary L. AzcuenagaJ. Douglas BaldridgeDouglas W. BaruchJames N. BiermanEdward K.M. BilichRoderic V.O. BoggsQuinton V. BowmanG. Brian BuseyPatrick S. CampbellAndrews B. ClubokBrian H. CorcoranDavid J. CynamonJohn M. FaustMargaret FeinsteinRonald S. FlaggMarc L. Fleischaker

Jonathan D. HackerJohn E. HeintzTheodore A. HowardPeter B. Hutt IIPeter D. IsakoffRobin E. JacobsohnHoward B. JacobsonAnn M. KapplerJohn C. Keeney, Jr.Benjamin B. KlubesWilma A. LewisEsther H. LimStephen P. MurphyElissa J. PreheimJerome C. RandolphDonald M. RemyJohn Townsend Rich

Jeffrey D. RobinsonGeorge D. RuttingerStanley J. SamorajczykMatthew D. SlaterPaul M. SmithRichard W. Snowdon IIIMark A. SrereGary S. ThompsonF. Joseph WarinRoger E. WarinMelvin WhiteLewis S. WienerDavid F. WilliamsThomas S. Williamson, Jr.Thomas B. WilnerBenjamin F. WilsonAlan M. Wiseman

Bank of America Foundation

Black Entertainment Television

The Morris and Gwendolyn Cafritz Foundation

Chartered Health Plan, Inc.

Consumer Health Foundation

D.C. Bar Foundation

D.C. Chartered Health Plan, Inc.

Dimick Foundation

Fannie Mae Fund of the Community Foundation of theNational Capital Region

Freddie Mac Foundation

Aaron & Cecile Goldman Family Foundation

Government Scientific Source, Inc.

The Hanley Foundation

Health Right, Inc.

Corina Higginson Trust

Kiplinger Foundation

Anthony Lucas-Spindletop Foundation

Mead Family Foundation

The Meyer Foundation

Public Welfare Foundation

George Wasserman Family Foundation

Weissberg Foundation

CORPORATE & FOUNDATION CONTRIBUTORS

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

The Committee is grateful to Mark Paul at Finnegan, Henderson, Farabow, Garrett & Dunner, LLPfor assistance with the layout of this publication.

©2008 Washington Lawyers’ Committee forCivil Rights and Urban Affairs

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