WASHINGTON ’ COMMITTEE UPDATE VOL. 10, NO. 2 FOR CIVIL RIGHTS AND URBAN AFFAIRS FALL 2004 Cracker Barrel Suits Settled

On September 9, a settlement was announced in the Committee’s longstanding Cracker Barrel litigation, resolving the claims of the NAACP and over 100 who alleged racial discrimination in the service at dozens of Cracker Barrel Restaurants around the country. The settlement, which involves lawsuits in four states, follows by four months the settlement of a pattern-and-practice case against Cracker Barrel by the Civil Rights L/R: John A. Payton, Jr., Partner, Wilmer Cutler Pickering Hale and Dorr LLP receives the Wiley A. Branton Award from The Honorable James Robertson, Judge, U.S. District Court for Division of the U.S. Department the District of Columbia. of Justice. The private-party public accommodations cases were Committee Hosts 2004 Branton brought by the Committee and a team of national law firms led by Awards Lunch Crowell & Moring LLP. Major continued on page 16 On June 8, the Washington Lawyers’ Committee and nearly 1000 supporters gathered at the Grand Hyatt Washington Hotel for the 36th Inside this issue ... Annual Wiley A. Branton Awards Luncheon. The Committee’s annual signature event honors attorneys, clients and civil rights leaders for their contributions to the cause of equal rights. Major Settlements ...... 1, 5, 7, 14 Stuart J. Land, a partner in the law firm of Arnold & Porter LLP, Director’s Corner ...... 2 and John A. Payton, Jr., a partner with the law firm of Wilmer Cutler New Cases ...... 6, 7, 14 Pickering Hale and Dorr LLP, jointly received the 2004 Wiley A. Wiley A. Branton Branton Award for serving with distinction as Committee Co-Chairs and Outstanding Achievement Awards ..... 8-12 demonstrating tireless efforts to promote civil rights. The presentation to Stuart Land was made by Arnold & Porter retired partner Brooksley E. John Burke Memorial Fund ...... 5 Arrivals ...... 15-16 continued on page 16 Corner WASHINGTON LAWYERS’ COMMITTEE the Committee for nearly 30 years and client, John accepted the assignment was twice the recipient of a of Committee Counsel. It was a Committee Outstanding Achievement post in which he served with Award. distinction for nearly 30 years. His exceptional judgment, common In their service as Committee Co- sense and self-deprecating humor Chairs both John Payton and Stuart were evident in all of the many Land played instrumental roles in

Director’s assignments he undertook on our helping to a build a solid foundation organization’s behalf. We could not for the Committee’s expanding have asked for a better advisor, and programs. In addition, their leadership I could not have had a finer has contributed significantly to the colleague and friend. exemplary pro bono records of their respective law firms. Both exemplify a The Committee is honored to Roderic V.O. Boggs unique capacity to combine exceptional announce that a memorial fund has Executive Director Washington Lawyers’ Committee commitment to public service with the been established in John’s name to for Civil Rights & Urban Affairs successful practice of law in a major support the Committee’s goal of pro national law firm. bono service. In furtherance of this objective, we have renamed our This issue of the Committee’s John Burke, whose untimely annual breakfast the John Burke Pro Update recognizes the contributions death is noted on page 5 of this issue Bono Breakfast. We deeply of three special individuals to the of the Update, leaves behind a legacy appreciate the generous commitment work of the Washington Lawyers’ of extraordinary service to the of funds already provided by many Committee and the cause of civil Washington Lawyers’ Committee. of John’s colleagues and friends to rights. Two of them—Stuart Land Soon after commencing his work with support this initiative. Additional and John Payton—were recipients of the Committee as a young associate contributions toward the John Burke the Wiley Branton Award at this year’s successfully arguing his first case in the Memorial Fund at the Washington Wiley Branton Luncheon, the third— U.S. Court of Appeals for the D.C. Lawyers’ Committee are also most John Burke—served as counsel for Circuit on behalf of a Committee welcome.

Howrey Partner Robert Bruskin Joins Committee As Senior Counsel

On September 20, Howrey Simon Arnold & White announced their support for the creation of a senior counsel position at the Washington Lawyers’ Committee. Robert M. Bruskin, a senior partner at the firm has been appointed to fill this newly created position. Mr. Bruskin, who has handled pro bono cases for the Committee since 1999, will work closely with Howrey attorneys involved in the Committee’s pro bono cases and other matters. Mr. Bruskin is a graduate of Law Center, where he was Editor of the Georgetown Law Journal. He received his bachelor’s degree from the City College of the City University of New York. Mr. Bruskin clerked for the Honorable Timothy Murphy of the Superior Court for the District of Columbia. His government service has included work as a U.S. Navy engineer, as a patent examiner for the U.S. Patent and Trademark Office, and as Assistant Director of Research for the Federal Judicial Center. Mr. Bruskin’s long career at Howrey Simon Arnold & White included litigation of complex commercial disputes before federal, state, regulatory and arbitration tribunals. In commenting on the Howrey decision, Committee Co-Chair Ben Wilson noted, “The Committee is enormously grateful to Howrey Simon for its exceptional generosity in supporting this new position. We believe it will greatly enhance the Committee’s ability to advance the cause of civil rights in our community and serve as a model for other firms who share a commitment to public service.”

Page 2 FALL 2004 UPDATE History of the Washington Lawyers’ Committee

From its inception in 1968, the an extensive litigation campaign Fair Housing Project Washington Lawyers’ Committee, a challenging denials of training and job 501(c)(3) organization, has seen its referrals by unions and contractors In the mid-1970’s, the basic mission as mobilizing the throughout the region. In addition, Committee established its Fair resources of the private bar to major lawsuits were filed seeking Housing Litigation Project to address address issues of discrimination and enforcement of affirmative action denials of equal housing opportunity. poverty in our community. The plans covering federal and local Shortly thereafter, it played a key role primary motivating force behind the government construction projects. in working with a coalition of local creation of the Committee and its Committee cases, co-counseled by clergy to create the Fair Housing counterparts in other cities was the over a dozen area law firms, won Council of Greater Washington. publication of the Report of the precedent-setting victories against Over the past 20 years, the National Advisory Commission on many of the region’s largest unions Committee has represented the Civil Disorders. This report and contractors, opening significant Council and over 100 individuals in identified discrimination and poverty employment opportunities for dozens of cases that have established as the root causes of the riots that thousands of African-American a national standard for effective had erupted in cities around the workers. advocacy and secured hundreds of nation during the late 1960’s and in During the same period, the thousands of dollars and broad Washington, D.C. in April 1968 Committee began a special outreach injunctive relief for victims of following the assassination Dr. Martin campaign directed at minority and housing discrimination. The Luther King, Jr. women federal employees. Working Committee has won notable victories Over the past 35 years, the with employee task forces at scores in cases involving denials of Washington Lawyers’ Committee has of agencies, the Committee provided residential sales and rentals, redlining expanded from a small staff representation in dozens of major practices by lenders and insurance addressing a limited number of issues cases winning many of the first companies, and discriminatory on an ad hoc basis to a larger judgments upholding the claims of advertising practices. By litigating one organization operating six projects federal workers under the newly of the first challenges to that address a broad range of civil enacted provisions of the 1972 Civil discrimination against families with rights and poverty issues. As part of Rights Act. Over the past 35 years, children, the Committee contributed its growth, the Committee has the Committee has built on this early directly to the passage of new federal constantly evolved to meet new record to bring class actions affecting legislation providing explicit community needs and the emergence over 20 federal agencies, and dozens protections in this area. In many of of new civil rights constituencies. of private sector defendants, securing its cases, the Committee has worked millions of dollars of back pay and with the Fair Housing Council in that Equal Employment damages, and injunctive relief for organization’s groundbreaking efforts Opportunity Project thousands of workers. to utilize paired testers to investigate allegations of discrimination. The Committee’s first program In addition to its successes in was its Equal Employment class action litigation, the Committee Immigrant & Refugee Opportunity Project. This project takes special pride in its role in Rights Project was established in 1971, when the winning a set of landmark appellate In 1978, the Committee initiated Washington area was beginning the rulings upholding the use of paired a new project to address the pressing construction of its Metro system and testers to investigate denials of equal needs of immigrants and refugees in Congress was about to enact major employment. The Committee’s the D.C. area. Prior to this time, no new legislation providing federal, success in these cases brought on legal services program in the area state and local workers with their first behalf of the Fair Employment offered significant legal services to meaningful protections against Council of Greater Washington this growing community. Over the employment discrimination. Working paved the way for the use of tester- with a coalition of community generated evidence in a number of organizations, the Committee initiated other jurisdictions. continued on next page

Page 3

WASHINGTON LAWYERS’ COMMITTEE

Disability Rights

Lawsuit Filed Against being taken off the premises. But Access to Metrobus conversely, they also keep people Discount Retailer who use wheelchairs from entering Sought the premises. Frighteningly, they can On June 18, the Disability Rights On June 21, the Disability also keep these shoppers from exiting Project filed an administrative Project filed a lawsuit against National the premises quickly in an emergency complaint with the U.S. Department Wholesale Liquidators on behalf of situation. Even if customers with of Transportation on behalf of the two individuals with disabilities and mobility impairments are able to find DRC and three of its individual the DRC. Assisted by a dedicated a store employee willing to unlock the members, alleging that the WMATA team from the law firm of Hunton cart corrals, they still encounter has discriminated against people with & Williams, the Project seeks to difficulty shopping at National disabilities in its Metrobus operations. make this important retail chain Wholesale Liquidators. Cluttered aisles accessible to shoppers who use and poorly placed displays impede The complaint alleges that wheelchairs. access to merchandise in the stores WMATA has discriminated by failing for these shoppers. to properly maintain their bus lifts, When plaintiff James Sanders properly train their drivers on needs a new vacuum cleaner or runs Over the last few years, National assisting individuals with disabilities out of cleaning supplies, he would Wholesale Liquidators has become an and operation of their lifts, and by like to go to the store closest to his important retailer in our region. It treating the complainants in a hostile home with the best prices. For Mr. has recently opened six stores in the and discriminatory manner, in Sanders, that store is National D.C. metropolitan area, focusing on violation of the requirements of the Wholesale Liquidators in Northeast locations in Northeast D.C. and Americans with Disabilities Act. The Washington, D.C. Mr. Sanders Prince George’s County. National complaint seeks a finding that explains, “The store is only six or Wholesale Liquidators is a chain of WMATA has discriminated on the seven blocks from my home. I would 46 discount stores, with home offices basis of disability; an order to train like to go and shop there and see in New York. staff and promulgate policies and what they have.” But for Mr. procedures for the provision of Sanders, a trip to National Wholesale Upon receiving the complaints appropriate bus lifts and assistance; an Liquidators is difficult, if not from several National Wholesale order that these policies include notice impossible. Mr. Sanders uses a Liquidator customers with disabilities, to individuals with disabilities of these wheelchair, and his local National the Disability Rights Council of rights; damages and attorney fees. Wholesale Liquidator store, like many Greater Washington (DRC) surveyed others in the chain, is extremely thirty-two National Wholesale Disability Rights Council (DRC) inaccessible. Liquidator stores throughout seven members were frustrated at being states. Over 70 percent of the stores passed by one Metrobus after The barriers faced by shoppers surveyed had cart corrals that made another with lifts that are broken or using wheelchairs at National the entrances inaccessible to people drivers who do not want to bother Wholesale Liquidators are twofold. using wheelchairs. In addition, over lowering the lift. They were also tired The most prominent and offensive 80 percent of the stores had barriers of crawling up the steps of problem is that many of the stores in the merchandise aisles making it Metrobuses because the lifts are have entrances that are completely impossible for a person using a broken, or being trapped for hours inaccessible because of cart corrals wheelchair to shop. Sixty-nine and miles past their stops on buses with locked swing gates. These cart percent of the stores surveyed had with inoperable lifts. corrals protect shopping carts from inaccessible restrooms. continued on page 18

Page 6 FALL 2004 UPDATE

Fair Housing

Equal Rights Center apartment. Barac’s rental agent include specific design features to informed Ms. Brown that Barac did allow accessibility by persons with and Sky Properties not accept housing vouchers. disabilities. Examples of violations Reach Settlement include non-accessible routes between Subsequent investigation by the individual units and the garage, non- The Equal Rights Center and Equal Rights Center confirmed that accessible community clubhouses, and Sky Properties, LLC, have settled a Barac had a policy of refusing to rent doors that are too narrow to allow fair housing lawsuit with an to Section 8 voucher holders. The passage by persons in wheelchairs. agreement to better educate landlords case is currently in litigation. and tenants in the Washington Many Washington residents with metropolitan area about fair housing low incomes rely on the U.S. Equal Rights Center laws and practices and to advance the Department of Housing and Urban Appoints Acting cause of fair housing. Development (HUD) Section 8 In conjunction with this housing vouchers to obtain safe and Executive Director agreement, Sky Properties, through its decent housing for their families. The In June 2004, the Board of insurer, has made a payment to the D.C. Human Rights Act prohibits Directors of the Equal Rights Center plaintiffs and agreed to work with the landlords from discriminating against (ERC) appointed ERC board Equal Rights Center to insure potential tenants on the basis of their member Rabbi E. Bruce Kahn as the compliance with applicable laws. source of income. However, many Section 8 recipients report being organization’s Acting Executive Jones Day served as co-counsel turned away by landlords who claim Director. with the Committee on this matter. they have already met their “quota” The ERC, one of the of Section 8 tenants or who simply Washington region’s leading civil refuse them outright. rights advocacy organizations, was Company Sued For created in 1999 with the merger of Refusing To Rent To the Fair Housing Council and another Accessibility Sought civil rights agency, the Fair Section 8 Tenant Employment Council. The ERC has In Over 700 a long history of working with the In February 2004, the Virginia Apartments Washington Lawyers Committee to Washington Lawyers’ Committee and battle discrimination in the areas of housing, lending, public co-counsel Hogan & Hartson filed In three cases filed with the accommodations and employment. suit against Barac Corporation, an Virginia Fair Housing Office alleging apartment management company, on violations of design and construction Rabbi Kahn has been deeply behalf of Cherry Brown, a requirements of the Fair Housing Act, involved in social justice issues Washington resident who was denied the Washington Lawyers Committee throughout his life. He and other housing because of Barac’s policy of on behalf of the Equal Rights Center area clergy formed the Fair Housing refusing Section 8 vouchers. Ms. has entered into conciliation Council more than 20 years ago to Brown received a Section 8 voucher discussions with the apartment combat housing discrimination and in February 2003, after almost nine builders, architects and owners. fight for integrated communities. His years on the waiting list. Responding civil rights advocacy has involved to a newspaper notice advertising The cases involve violations in serving as a tester with Housing apartment vacancies, Ms. Brown over 700 units. The Fair Housing Act Opportunities Made Equal (HOME) contacted Barac about renting an requires that new multifamily housing continued on page 18

Page 7 WASHINGTON LAWYERS’ COMMITTEE 2004 OUTSTANDING ACHIEVEMENT AWARDS Equal Employment Opportunity Shearman & Sterling LLP

Shearman & Sterling provided exceptional representation to client Timothy Anderson, an African- American bank executive who was discriminatorily denied a senior vice president position and then, after complaining, was subjected to a campaign of retaliatory harassment that culminated in his wrongful discharge. After successfully defeating the defendant’s motion for summary judgment, Shearman & Sterling went on to represent Mr. Anderson in court-sponsored mediation, during which the parties reached a confidential agreement on mutually acceptable terms.

Steptoe & Johnson LLP

L/R: Stuart J. Land, Partner, Arnold & Porter, 2004 Wiley A. Branton Award recipient; Brooksley E. Born, Retired Partner, Steptoe & Johnson, along with the Committee, brought Arnold & Porter. suit on behalf of an African-American electric lineman at Southern Maryland Electric Company who had been fired unjustly after 22 years of service. Discovery revealed a widespread pattern and practice of discrimination against African-American employees. Steptoe attorneys successfully negotiated a consent decree that provided for a substantial monetary payment to our client, requires the company to institute a program of mandatory diversity training, and adopt a streamlined program of investigating discrimination complaints by an outside discrimination compliance officer, with all complaints being personally reviewed by the president. The injunctive relief includes measures to increase the numbers of African Americans in management positions. Steptoe generously donated to the Committee 100% of its share of the attorneys’ fees. L/R: David J. Cynamon, Co-Chair, Washington Lawyers’ Committee; Dennis Hayes, NAACP, General Counsel, 2004 Alfred McKenzie Award recipient.

L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Carolyn P. Committee; Carolyn P. Weiss, Staff Attorney, Washington Lawyers’ Weiss, Staff Attorney, Washington Lawyers’ Committee; Theresa A. Queen, Attorney, Committee; Roland Schroeder, Counsel, Shearman & Sterling LLP. Steptoe & Johnson LLP; Thomas M. Contois, Attorney, Steptoe & Johnson LLP.

Page 8 FALL 2004 UPDATE 2004 OUTSTANDING ACHIEVEMENT AWARDS Fair Housing

Jenner & Block LLP and Tycko, Zavareei & Spiva LLP

An outstanding team of attorneys from Jenner & Block LLP and Tycko, Zavareei & Spiva LLP successfully litigated a ground-breaking fair housing lawsuit against the District of Columbia. The lawsuit challenged a housing code enforcement initiative that L/R: Hassan Zavareei, Partner, Tycko, Zavareei & Spiva LLP; Reed N. threatened to displace a large number of Latino Colfax, Fair Housing Project Director, Washington Lawyers’ Committee; Eliza immigrants living in the Columbia Heights T. Platts-Mills, Staff Attorney, Washington Lawyers’ Committee; Denise L. Gilman, Immigrant and Refugee Rights Project Director, Washington Lawyers’ neighborhood, an area of the city that has undergone Committee; James A. Trilling, Attorney, Jenner & Block LLP; Bruce V. Spiva, rapid gentrification in recent years. The firms’ attorneys Partner, Tycko, Zavareei & Spiva LLP. served as co-counsel with the Fair Housing and Immigrant and Refugee Rights Projects of the Committee. A twelve-member jury unanimously concluded that the District’s housing code enforcement practices had a negative disparate impact on Latinos and violated the Fair Housing Act. The jury awarded seven affected tenant households almost $200,000 in damages.

Public Accommodations

Crowell & Moring LLP Covington & Burling

Piper Rudnick LLP L/R: Eric Bachman, Attorney, Wiggins, Childs, Quinn & Pantazis, P.C.; Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Shaw Pittman LLP Robert L. Wiggins, Jr., Shareholder, Wiggins, Childs, Quinn & Pantazis, P.C. Skadden, Arps, Slate, Meagher & Flom LLP Wiggins, Childs, Quinn & Pantazis, P.C.

Over the past two years, Crowell & Moring LLP; Covington & Burling; Piper Rudnick LLP; Shaw Pittman LLP; Skadden, Arps, Slate, Meagher & Flom LLP; and Wiggins, Childs, Quinn & Pantazis, P.C. have served as counsel with the Committee in a series of cases alleging a pattern and practice of racial discrimination in the treatment of African-American customers by Cracker Barrel Restaurants. The plaintiffs in these cases are over 100 African-American customers and the NAACP. With the full support and cooperation of the Committee and L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ its volunteer firms, the Department of Justice entered Committee; Carolyn P. Weiss, Staff Attorney, Washington Lawyers’ Committee; Jeffrey E. Greene, Attorney, Crowell & Moring LLP; Meredith R. Weinberg, Attorney, Shaw Pittman LLP.

Page 9 WASHINGTON LAWYERS’ COMMITTEE 2004 OUTSTANDING ACHIEVEMENT AWARDS

into a far-reaching consent decree with Cracker Barrel, requiring the company to adopt major changes in its policies and procedures for dealing with complaints of discrimination. These changes include the retention of an independent monitor and strong measures to investigate future allegations of discriminatory conduct. The combined efforts of the team of firms in simultaneously pursuing extremely hard-fought litigation in four states and the result obtained by way of the Justice Department decree represent one of the finest examples of civil rights advocacy in the Committee’s history. L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Stanley J. Adelman, Partner, Piper Rudnick LLP; Raj Shah, Attorney, Piper Rudnick LLP. Hogan & Hartson LLP

As part of an ongoing effort to address the issue of pervasive racial discrimination in taxi cab service in the District of Columbia, Hogan & Hartson worked with Committee staff to prepare and issue a comprehensive report—Service Denied: Taxicab Discrimination in the District of Columbia—documenting the nature of the problem and setting out an extensive set of recommendations for addressing it. The report served as a catalyst for a hearing held before the D.C. Council at which firm lawyers provided testimony. Legislation encompassing the primary reforms recommended by the report is in preparation. Concurrent with its legislative advocay, the firm has also pursued administrativeFair Housing complaints against several cab companies and drivers challenging discriminatory service to African-American patrons. L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Lesley Whitcomb, Attorney, Skadden, Arps, Slate, Meagher & Flom LLP. Disability Rights Howrey Simon Arnold & White, LLP This firm won a major and precedent-setting victory in an ADA trial upholding the rights of many Florida voters with disabilities to cast a secret ballot for the first time in their lives. Voting equipment that permits independent and secret voting by individuals who are blind or have manual impairments is readily available, but new equipment purchased by Duval County in Florida was inaccessible. This landmark federal district court decision requires that 20 percent of the County’s polling places have at least one voting machine that is accessible to people who are blind or who have manual impairments by the August 2004 primaries.

L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Caroline Brown, Partner, Covington & Burling.

Page 10 FALL 2004 UPDATE 2004 OUTSTANDING ACHIEVEMENT AWARDS

Immigrant and Refugee Rights

Holland & Knight LLP

Holland & Knight worked to obtain relief for a juvenile political asylum seeker from Guinea with mental retardation. Immigration authorities abandoned the client, Malik Jarno, in rural jails for nine months before allowing him to appear before an Immigration Judge to ask for asylum, and revealed confidential information about him to the Guinean authorities whom he fears. Mr. Jarno was also beaten by prison guards while held in immigration detention at a jail in Farmville, Virginia. The Holland & Knight attorneys pursued constitutional and L/R: Reed N. Colfax, Fair Housing Project Director, Washington tort claims against the immigration authorities and the Lawyers’ Committee; Tara Hammons, Attorney, Hogan & Hartson L.L.P.; Farmville jail and its officers. Despite an outstanding Eliza T. Platts-Mills, Staff Attorney, Washington Lawyers’ Committee. litigation effort, the case was unsuccessful. However, additional Holland & Knight attorneys worked successfully to free Mr. Jarno after almost three years of detention and to reopen his asylum case.

Williams & Connolly LLP

A team of attorneys from Williams & Connolly successfully litigated innovative refugee claims in Immigration Court to obtain asylum for the members of an Egyptian family. The family feared that two of their daughters, who are United States citizens, would undergo female genital mutilation if the parents were forced to return to Egypt, taking the children with them. The L/R: Ari N. Rothman, Attorney, Howrey Simon Arnold & White, LLP; E. Elaine Gardner, Disability Rights Project Director, Washington Lawyers’ mother had originally filed an extremely compelling Committee; Danielle Oddo, Attorney, Howrey Simon Arnold & White, LLP; asylum case based on the fact that she had undergone Douglas Baldridge, Partner, Howrey Simon Arnold & White, LLP. female circumcision. However, the U.S. Citizenship and Immigration Service refused asylum and referred the case to Immigration Court because of her failure to meet the deadline for filing an asylum claim, which is one year after entry into the United States. The Williams & Connolly attorneys showed that an exception to the filing deadline was applicable and that the family merited asylum based on the mother’s experience as well as the risk that her two young daughters would similarly undergo female genital mutilation if taken to Egypt.

L/R: Jennifer M. Mason, Attorney, Holland & Knight LLP; Denise L. Gilman, Immigrant and Refugee Rights Project Director, Washington Lawyers’ Committee; Malik Jarno, Client; Christopher Nugent, Attorney, Holland & Knight LLP.

Page 11 WASHINGTON LAWYERS’ COMMITTEE 2004 OUTSTANDING ACHIEVEMENT AWARDS

Special Programs

Wilmer Cutler Pickering Hale and Dorr LLP

Over the past four years, Wilmer Cutler Pickering Hale and Dorr has worked with the Committee and the Brady L/R: Denise L. Gilman, Immigrant and Refugee Rights Project Director, Washington Lawyers’ Committee; Ana C. Reyes, Attorney, Center to Prevent Gun Violence on a lawsuit challenging the Williams & Connolly LLP; Zoe S. Poulson, Attorney, Williams & Connolly LLP; Robin E. Jacobsohn, Partner, Williams & Connolly marketing and distribution practices of 25 gun LLP; Frank J. DiStefano, Attorney, Williams & Connolly LLP. manufacturers. The plaintiffs in this case are the District of Columbia and nine individuals (either victims or surviving members of their families) who were victims of gun violence in the District of Columbia. On April 29th, the firm secured a major decision from a unanimous panel of the D.C. Court of Appeals upholding the constitutionality of the District’s Strict Liability Act. This decision, which marks an important victory, paves the way for the case to move forward and will likely encourage other cities and states to enact similar legislation.

L/R: Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Karen C. Daly, Attorney, Wilmer Cutler Pickering Hale and Dorr LLP; Eric J. Mogilnicki, Partner, Wilmer Cutler Pickering Hale and Dorr LLP; A. Stephen Hut, Partner, Wilmer Cutler Pickering Hale and Dorr LLP; Brian Siebel, Brady Center to Prevent Gun Violence; Dennis Henigan, Brady Center to Prevent Gun Violence.

L/R: Roderic V.O. Boggs, Executive Director, Washington Lawyers’ L/R: Melanie K. Gerber, Counsel, Patton Boggs LLP, 2004 Vincent E. Reed Committee; Stanley J. Samorajczyk, Partner, Akin Gump Strauss Award recipient; Roderic V.O. Boggs, Executive Director, Washington Hauer & Feld LLP, 2004 Vincent E. Reed Award recipient. Lawyers’ Committee; John L. Oberdorfer, Partner, Patton Boggs LLP, 2004 Vincent E. Reed Award recipient.

Page 12 FALL 2004 UPDATE

Immigrant and Refugee Rights

Report on Unfair Committee Investigates the blocked-off area. Individuals of other races and national origin groups Juvenile Justice Columbia Road Raid circulating in this blocked-off area Proposals Released were not detained. The Committee’s Immigrant and Refugee Rights Project, with the On September 16, 2004, the support of a number of Latino Project Focuses On Washington Lawyers’ Committee and community groups, is demanding that Cameroon, Offers the law firms of Foley & Lardner the Department of Homeland LLP and Piper Rudnick LLP, Security and D.C. Metropolitan Police Annual Asylum Law joined by the National Council of La Department (MPD) conduct an Training Raza, released a new report on Latino investigation into a raid that took youth in the District’s juvenile justice place on June 23, 2004 on Columbia Cameroon, a West African system. Road, NW, in the Adams Morgan country, formed from the union of The report, District of Columbia neighborhood of Washington, D.C. French and British colonies, has Responses to Youth Violence: Impact on the The June 23 operation was become one of the leading sources Latino Community, found that Latino presented as a criminal action directed of asylum applicants seeking the youth appear to be overrepresented at a fraudulent document ring. assistance of the Immigrant and in the D.C. juvenile justice system. It However, federal immigration Refugee Rights Project. Statistics called on the D.C. Council to reject, officials led the action, and as many as from U.S. Citizenship and when they take a final vote this ten people were detained solely on Immigration Services confirm that month, the harsh juvenile justice immigration charges and were placed Cameroon is among the top ten proposals to combat gang violence. into deportation proceedings. countries from which asylum The proposals would make it easier applications are received in the United By law, local law enforcement to transfer youth to the adult criminal States. officials in the District of Columbia justice system and punish parents of may not engage in enforcement of The Project’s volunteer attorneys delinquent children. The groups the civil immigration laws. Yet, are currently involved in efforts to recommended that the D.C. Council community members report that gain asylum for nine persons who seek effective alternatives to detention MPD officers were actively involved fled Cameroon after experiencing and intervention programs that have in the raid. The Project has urged detentions and torture because of a proven record in preventing crime. MPD to investigate whether its their involvement in political groups opposing the government. During “This is a momentous report. officers violated the prohibition on the last year, attorneys from Alston It’s the first of its kind in the District local involvement in immigration enforcement. & Bird, King & Spalding, Steptoe to offer a thorough analysis of the & Johnson, Swidler Berlin Shereef juvenile justice policies in D.C. and the The Project has also raised Freedman and Winston & Strawn impact these have on the Latino concerns regarding the possibility that have won asylum for clients from community,” said Denise Gilman, federal officials engaged in racial Cameroon. Director of the Immigrant and profiling during the June 23 action. Refugee Rights Project. For more Witnesses present during the One of these successful cases information on the report, contact operation have stated that federal will be highlighted at the Project’s the Immigrant and Refugee Rights officials appeared to be detaining at annual political asylum law training. Project at (202) 319-1000, ext. 120. random young Latino men found on The all-day training will be held on Thursday, October 14, 2004, at the continued on page 18

Page 13 WASHINGTON LAWYERS’ COMMITTEE

Equal Employment Opportunity

Construction Company Pregnancy The Committee’s resources are Faces Gender Discrimination limited and the attorneys who agree to provide these evaluations are Discrimination Claim Suit Settled offering an invaluable service to the A woman who was discharged Committee in determining how best On August 30, the Committee after informing her employer that she to allocate their resources. and co-counsel filed a gender was pregnant, has won a favorable In the past year, several attorneys discrimination charge with the Equal settlement of her pregnancy and firms have assisted the Employment Opportunity discrimination case against the Committee in this manner. For Commission on behalf of a female employer. example, Covington and Burling employee who worked for a In May 2002, two days after the attorneys helped the Committee to construction clean-up company. The employee informed her employer of complete the evaluation of a claim on employee is a recent immigrant from her pregnancy, she was told that her behalf of an HIV-positive claimant El Salvador. hours would be cut, her pay reduced, who had been terminated from his The employee was working for and that she would be terminated on job with a local university. Similarly, the company at the Pentagon when her last day at work prior to giving lawyers from Kator, Parks & her supervisor began sexually birth. When the woman complained Weiser assisted in our evaluation of a harassing her. Like many other that this was discriminatory, she was claim on behalf of a female surgeon vulnerable newcomers, the employee fired immediately. who had been denied tenure and discharged by her employer. initially suffered in silence. Then, the This case is significant because Attorneys from Steptoe & Johnson harassment turned into attacks. Over pregnancy discrimination cases are helped us evaluate claims on behalf a period of several days in April not common. In addition, the case of an individual with dwarfism who 2004, the employee’s supervisor demonstrates that pregnancy was terminated by his federal sexually assaulted her on two discrimination will be litigated as employer. occasions. The employee reported vigorously as other forms of the case to the police, and a criminal discrimination. Other firms and individual conviction was obtained against the attorneys have offered their services supervisor. Shortly thereafter, the Shea & Gardner served as co- in evaluating claims over the past year. EEO and IRR Projects of the counsel with the Committee in this They include attorneys from Terris, Committee and co-counsel filed the matter. Pravlik, & Millian; Dewey EEOC complaint against the Ballantine; Albo & Oblon; employer. EEO Intake Program Glasberg & Associates; Groom This case is significant in that it Relies On Law Firm Law Group; and Pillsbury seeks to recognize the employment Winthrop. rights of immigrants, and to hold Evaluations If you or someone in your firm federal contractors accountable for is interested in assisting the EEO the actions of their employees. The EEO Intake Program has, for many years, relied on the Intake Program with case evaluations, Victor M. Glasberg & assistance of attorneys in the private please contact Kehinde Ijaola at Associates serve as co-counsel with bar for determining whether potential [email protected], or dial the Committee in the case. matters are appropriate for litigation. (202) 319-1000.

Page 14 FALL 2004 UPDATE

Public Education

Committee Joins Committee an opportunity for participating schools to attend performances, have guest Education Reform Partners With artists work with students and possibly Initiative Washington Revels perform in Revels’ major holiday production.

The Washington Lawyers’ The Public Education Legal Committee’s Education Projects and its Services Project (PELSP) has entered Project Seeks New client, Parents United for the D.C. into a special arrangement with the Partnerships Public Schools have joined in a Washington Revels, a leading collaboration with other community Washington performing arts group that organizations, parents, teachers, funders produces annual holiday performances, The PELSP invites area firms and business leaders to engage school festivals, workshops and classes interested in establishing a school system and governmental officials in throughout the year. The Revels uses partnership to contact Project planning for meaningful improvements traditional music, dance, processionals, Director Iris Toyer at the Committee in student achievement in the D.C. drama, and poetry to create for more information. To date, there public school system. This effort is participatory performance and are 45 partnerships with D.C. public being led by a number of prominent educational events. With limited schools. The Project seeks to add local foundations, including Fannie resources available for arts in our five new firm/school partnerships in Mae Foundation and Kimsey schools, this arrangement will provide the coming year. Foundation.

Arrivals

Howard B. Jacobson served as attorney-adviser for Chief Rights Division of the U.S. Judge Theodore Tannenwald Jr., of Department of Justice where she Howard B. Jacobson recently the U.S. Tax Court, and practiced litigated major civil and criminal civil agreed to serve as general counsel to with a tax speciality firm. He is active rights cases. From 1991 to 2003 she the Washington Lawyers’ Committee. in community affairs and is a past served as Deputy Chief of the He is a partner at Akin Gump president of the Epilepsy Foundation Housing and Civil Enforcement Strauss Hauer & Feld specializing of the National Capital Area. Section at the Department of Justice in labor and employment law, where she supervised cases alleging employee benefits, tax, and corporate discrimination in housing, lending and finance. Isabelle M. Thabault public accommodations. She has Mr. Jacobson received his Isabelle M. Thabault recently been an instructor with the National bachelor’s degree from the University joined the Washington ’s Institute of Trial Advocacy and of Michigan, and his law degree Committee as Director of the Fair George Washington University and is from Harvard Law School. Prior to Housing Project. Previously, she a volunteer mediator with the D.C. joining Akin Gump, Mr. Jacobson worked for over 25 years in the Civil Small Claims Court. continued on next page

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Kehinde A. Ijaola Law Offices of Grant Morris; and in seven specific states, as well as Kennedy Covington Lobdell & elsewhere, and that Cracker Barrel Kehinde Ijaola began work this Hickman, LLP. managers directed, participated in or summer with the Committee as the acquiesced to the discrimination. EEO Intake Paralegal. She received In commenting on the her B.A. in June 2004 from the settlement, Washington Lawyers’ The consent order required University of Chicago. During 1997- Committee Co-Chair and Shaw Cracker Barrel to hire an outside 1998 and 2000 Kehinde served a Pittman partner David Cynamon auditor to oversee the Legal Assistant Internship in the stated, “We are very pleased with this implementation of effective Criminal Division of the Superior settlement. The work of the coalition nondiscrimination policies and Court of New Jersey in Newark. of firms assembled by the procedures. It will also require the Committee to work on these cases is development of new training an exceptional achievement of which programs to ensure compliance with Jasmine-Simone Miller the Committee is very proud.” the policies and procedures, and the creation of an enhanced system to Jasmine Miller recently joined the The lawsuits alleged that Cracker investigate and resolve customer Committee as the new EEO Litiga- Barrel engaged in a pattern and complaints of discrimination, tion Paralegal. She received her B.S. practice of discriminatory treatment including severe discipline for Cracker in May 2004 from Boston University against African-American customers Barrel employees found to have College of Communication. During and implemented conscious policies discriminated against any patrons. her final year at Boston University, designed to, among other things, Jasmine was an Intern for the provide preferential seating to white Harvard University Kennedy School customers; segregate African- of Government’s Women and Public American customers from white Branton Luncheon (continued from front cover) Policy Program in Cambridge, MA. customers by seating Black customers in the back of the restaurant Born. The Honorable James (commonly the smoking section); and Robertson of the U.S. District Court Virginia L. Simmons refusing to provide African for the District of Columbia, Americans with service or providing presented the award to John Payton. Virginia L. Simmons joined the notably inferior service to that Washington Lawyers’ Committee in afforded white patrons. Washington Lawyers’ mid-September as the Disability Committee Co-Chair and Shaw Rights Project Paralegal. She received The settlement followed by four Pittman partner David J. Cynamon her B.A. in May 2003 from months a May 3, 2004, U.S. presented the Alfred McKenzie Georgetown University. Prior to Department of Justice, Civil Rights Award to the National Association joining the Committee, Virginia was Division, announcement that it had for the Advancement of Colored an investigator/paralegal at Stein, filed a complaint against Cracker People (NAACP). Dennis Hayes, the Mitchell and Mezines. Barrel in federal district court in NAACP’s General Counsel, accepted Georgia, and simultaneously entered a the award on behalf of the civil consent decree with Cracker Barrel to Cracker Barrel (continued from front cover) rights organization that for nearly a resolve the complaint. The century has worked in the vanguard support was provided by Shaw Washington Lawyers’ Committee and of every aspect of the struggle for Pittman LLP, Piper Rudnick LLP, its co-counsel worked closely with the civil rights. Skadden Arps, Covington & Department of Justice in its Burling, and Wiggins Childs investigation of Cracker Barrel. This year, the Committee Quinn & Pantazis P.C. presented the Vincent E. Reed Award The Department of Justice to the law firms of Akin Gump Local counsel support was complaint alleged that Cracker Barrel Strauss Hauer & Feld LLP and provided by Ferguson, Stein, engaged in a pattern and practice of Patton Boggs LLP, for the firms’ Chambers, Adkins, Gresham & discrimination against African- commitment to the public schools of Sumter, P.A.; Gardner, Willis, American patrons in violation of Title the District of Columbia and the Sweat & Goldsmith; Kaplan, II of the Civil Rights Act of 1964 in children who attend them. The Brewer, Maxey & Haralson, P.A.; at least 30% of Cracker Barrel stores award is given in the name of Dr.

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Vincent E. Reed, the distinguished Douglas and Bob Wald, with whom Diamond Taxicab (continued from page 5) educator whose encouragement was he had worked on Washington directly responsible for the Lawyers’ Committee matters over the agreement on the terms of a Committee’s decision to establish its years. He also thanked Arnold & settlement with the company. public education support programs. Porter for “all of the support it has Iris Toyer, Director of the extended to me in my pro bono efforts The plaintiffs, two residents of Committee’s Public Education Legal throughout my career.” Southeast D.C. and the Equal Rights Services Project presented the awards. Center, had brought suit under federal John A. Payton, Jr., since joining and D.C. law, alleging discrimination Fifteen other law firms were Wilmer Cutler & Pickering in 1978, based on race and place of residence, recognized at this year’s luncheon with has litigated several important cases and had won summary judgment on Outstanding Achievement Awards challenging racial discrimination in the their D.C. Human Rights Act race for their successful pro bono legal work D.C. construction industry. He served discrimination claims against the on behalf of the Committee’s clients. with distinction as a Washington company earlier this year. For more information about the law Lawyers’ Committee Executive firm awardees and their Committee and Board member for As part of the settlement, achievements, see pages 8-12. over 25 years and as a Committee Diamond Cab Company agreed to Co-Chair in 1996 and 1997. His take critical steps towards eradicating Stuart J. Land, during a achievements extend well beyond his the practices that served as the basis distinguished 45-year career, served as work with the Committee to include for plaintiffs’ cause of action, chair of Arnold & Porter’s D.C. Bar his service as Legal Coordinator of including requiring its officers, and ABA award-winning pro bono the Free South Africa Movement and employees, and agents to abide by all program. As a Washington Lawyers’ his advocacy before the U.S. Supreme applicable federal and District of Committee Executive Committee Court in Richmond v. Croson and recent Columbia laws prohibiting Member since 1973 and its Co-Chair cases, discrimination in taxicab service; between 1976 and 1978, Stuart including Gratz v. Bollinger, to preserve requiring its operators, dispatchers, contributed enormously to the affirmative action as a means of and drivers to provide taxicab service Committee’s success and growth, redressing historic discrimination and to all on an equal basis within the advocating for programs in public encouraging diversity. In his remarks, taxicab service areas regulated by the education reform and immigrant John Payton paid tribute to Wiley D.C. Taxicab Commission; providing rights. He has encouraged new law Branton as a true hero, referring to training sessions for its officers and firms to support the Committee, and him as “not just a great lawyer, but a employees; posting complaint led his own firm to join the great lawyer who used his skills to procedures and sanctions for Committee in successfully representing change our country.” violating pertinent laws and the Fair Employment Council of procedures; keeping written records Greater Washington in the first case to The Committee’s annual Branton concerning complaints of recognize the standing of testers in an Awards Luncheon is named in honor discrimination; and setting up a employment discrimination case. of Wiley A. Branton, Sr., a civil rights progressive disciplinary program that More recently, Stuart has worked lawyer of the 1950’s who served with includes the potential for suspension closely with the Committee’s Public distinction in government, as Dean of of drivers, dispatchers or operators Education Projects to advocate for Howard Law school, and as leader in found to have discriminated within public education reform in the several highly respected civil rights the service area. District. He encouraged his firm to organizations. He served as a Co- create a model Loaned Associate Chair of the Washington Lawyers’ The company will remain under Program, whereby firm lawyers are Committee in 1987 and 1988. Since a three-year consent order with the assigned to work with area public 1989, the Wiley A. Branton Award U.S. District Court for the District of interest organizations for six-month has been bestowed annually on a Columbia to ensure compliance with periods. The Committee has been the member of the legal community the agreement. beneficiary of three such fellows. In whose lifetime efforts on behalf of Co-counsel in the case was accepting his award, Stuart Land civil rights advocacy exemplify the Crowell & Moring. noted his special debt of gratitude to deep commitment of Wiley A. lawyers such as Wiley Branton, John Branton, Sr., to the idea of equal justice in our society.

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FALL 2004 UPDATE

Committee Structure

Equal Employment Laura Sahramaa Staff Opportunity Project Paralegal Roderic V.O. Boggs Susan E. Huhta Disability Rights Project Executive Director Project Director E. Elaine Gardner Robert M. Bruskin Project Director Senior Counsel Warren K. Kaplan Staff Attorney Virginia L. Simmons Paula Jones Paralegal Executive Assistant Carolyn P. Weiss Staff Attorney Immigrant & Refugee Development Rights Project Brandi Brown Da’aga Hill Bowman Intake Project Director Denise L. Gilman Director of Foundation Outreach Project Director and Public Information Jasmine Miller Paralegal Ruth Spivack Administration Paralegal Kehinde Ijaola Karen Stillitano Intake Parelegal Public Education Director of Administration Reform Project Fair Housing Project Rochelle Jones Mary M. Levy Chief Financial Officer Isabelle M. Thabault Project Director Project Director Thelma Goodwin Public Education Legal Assistant Bookkeeper Eliza T. Platts-Mills Services Project Staff Attorney Iris J. Toyer Renee Brandon Project Director Receptionist Richard Ritter Senior Attorney Committee Governance and Development The Committee today operates with a staff of approximately 25, including six project directors and six staff attorneys. They are supported by several senior lawyers and loaned associates from cooperating firms. In addition, the Committee regularly benefits from the services of a number of junior attorneys holding fellowships from local and national law firms and nonprofit organizations. The Committee is governed by a 40-member Board of Directors. Board members are drawn from leading area law firms and they are led by two Co-Chairs. The Directors and Co-Chairs are supported by a 90-member Board of Trustees and a team of Firm Representatives from nearly 100 participating law firms. The Committee’s operating budget is expected to be $2.5 million for 2005. Funding for this budget is expected to come from a combination of law firm and individual giving, foundation funding, and the proceeds from the Annual Wiley A. Branton Luncheon, as well as attorneys’ fees and gifts of fees received in Committee litigation. The Committee’s 2003/2004 Funding Drive concludes September 30, 2004. It is expected to provide approximately $900,000 in law firm, individual and event funding. Nearly 100 firms and over 720 individuals have contributed to this total. Foundation funding is expected to provide approximately $300,000 by the end of the foundation fundraising year, which concludes December 31, 2004. As the Committee begins its year-end funding cycle and announces its new campaign, it will make a special effort to secure increased funding through a year-end appeal to law firm partners and associates. In addition, it will also be initiating a campaign to secure endowment funding for its general support and specific projects. Individuals and firms interested in providing support for the Committee and in participating in its fundraising efforts should contact Da’aga Hill Bowman, Director of Foundation Outreach and Public Information at (202) 319-1000, ext. 155. Contributions to the Committee may also be made online at www.washlaw.org.

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Board of Directors

David J. Cynamon, Co-Chair Joseph M. Hassett Matthew D. Slater Benjamin F. Wilson, Co-Chair Peter B. Hutt II Richard W. Snowdon III David R. Berz Robin E. Jacobsohn Mark A. Srere James N. Bierman James W. Jones Leslie M. Turner Quinton V. Bowman Anne M. Kappler Denise A. Vanison Daniel H. Bromberg Andrew T. Karron Roger E. Warin Thomas W. Brunner John C. Keeney, Jr. Steven M. Wellner Lovida H. Coleman, Jr. Wilma A. Lewis Melvin White Margaret Feinstein Ignacia S. Moreno Lewis S. Wiener Ronald S. Flagg John A. Payton, Jr. Thomas S. Williamson, Jr. Marc L. Fleischaker John Townsend Rich Alan M. Wiseman Mary E. Gately Jeffrey D. Robinson Karen T. Grisez George D. Ruttinger

CORPORATE & FOUNDATION CONTRIBUTORS Washington Lawyers’ Committee The Washington Lawyers’ Committee acknowledges the following for Civil Rights and Urban Affairs corporations and foundations for their contributions and UPDATE commitments this year: Bank of America Foundation Black Entertainment Television, Inc. The Morris and Gwendolyn Cafritz Foundation David J. Cynamon Benjamin F. Wilson Children’s Charities Foundation Co-Chairs Community Foundation of the National Capital Area Roderic V.O. Boggs D.C. Bar Foundation Executive Director D.C. Chartered Health Plan, Inc. Susan E. Huhta, Project Director Dimick Foundation Equal Employment Opportunity Project ExxonMobil Foundation Isabelle M. Thabault, Project Director Fair Housing Project Fannie Mae Foundation E. Elaine Gardner, Project Director Freddie Mac Foundation Disability Rights Project Denise L. Gilman, Project Director The Hanley Foundation Immigrant and Refugee Rights Project Health Right, Inc. Mary M. Levy, Project Director The Herb Block Foundation Public Education Reform Project Iris J. Toyer, Project Director Corina Higginson Trust Public Education Legal Services Project Kiplinger Foundation Da’aga Hill Bowman, Director Anthony Lucas-Spindletop Foundation Foundation Outreach and Public Information George Preston Marshall Foundation Paula Jones, Administrative Assistant The Meyer Foundation 11 Dupont Circle, NW, Suite 400, Washington, DC 20036 (202) 319-1000 (VOICE) • (202) 319-1010 (FAX) Reich Family Foundation (202) 319-1075 (TDD) • WWW.WASHLAW.ORG The Washington Post George Wasserman Family Foundation

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