WASHINGTON LAWYERS’ COMMITTEE UPDATE VOL. 12, NO. 2 FOR CIVIL RIGHTS AND URBAN AFFAIRS FALL 2006

D.C. Prisoners’ Legal Services Project Joins Committee On September 19, the Washington Lawyers’ Committee Board of Directors voted to merge the D.C. Prisoners’ Legal Services Project into the Committee’s ranks. As a result, the Committee will add Project Director Phil Fornaci and attorneys Deborah Golden and Ivy Lange to its staff. The staff of the Project, now called the D.C. Prisoners’ Project, brings to the Committee nearly 20 years of experience with the foremost private prisoners’ rights legal advocacy organization in the District of Columbia. This wealth Roger W. Wilkins, 2006 Wiley A. Branton Award recipient, addresses of experience will highlight and Luncheon attendees. complement the Committee’s long- standing interest and work in Committee Honors Marc Fleischaker, Roger prisoners’ rights and prison reform issues. Wilkins, Leadership Conference on Civil continued on page 13 Rights at 2006 Branton Awards Lunch Inside this issue ... On June 13, the Washington Marc L. Fleischaker, Chairman Major Settlements ...... 6, 7, 15 Lawyers’ Committee honored of the law firm of Arent Fox Director’s Corner ...... 2 attorney Marc Fleischaker, civil PLLC, and Roger W. Wilkins, civil rights lawyer and journalist Roger rights lawyer, Pulitzer Prize-winning New Cases ...... 15 Wilkins, and the Leadership journalist, and George Mason Wiley A. Branton Conference on Civil Rights during University Professor of History, Outstanding Achievement Awards .... 8-13 its 2006 Wiley Branton Awards jointly received the Wiley Branton John Burke Memorial Fund ...... 5 Luncheon at the Grand Hyatt Award for Lifetime Achievement in Hotel. Nearly 900 Committee recognition of their long-time Arrivals ...... 17 supporters, with 75 law firms advocacy for civil rights. Corporate and Foundation represented, attended the luncheon. continued on page 18 Contributors ...... 20 Corner WASHINGTON LAWYERS’ COMMITTEE distinguished careers. This year’s Labor Support Program as part of luncheon also allowed us to our Immigrant and Refugee Rights acknowledge the unique contributions Project. In the face of acute issues of the Leadership Conference on Civil confronting our local community of Rights to the passage of virtually every immigrant workers, it is especially piece of modern civil rights legislation. reassuring to see such a strong We are delighted that so many friends response from the many firms that and supporters were able to have stepped forward to offer pro

Director’s participate in this year’s event. bono support for this effort. We are especially pleased to As a final matter, it is also a welcome D.C. Prisoners’ Legal pleasure to acknowledge with sincere Services Project as a major part of the appreciation the support received in Committee’s structure. With its unique response to the Committee’s recently Roderic V.O. Boggs record of accomplishments in concluded 2005/2006 Law Firm Executive Director addressing the legal needs of D.C. and Individual Funding Drives. Washington Lawyers’ Committee prisoners, this program is a vital part Nearly 100 area firms and over 730 for Civil Rights & Urban Affairs of our city’s legal services network. We individuals provided generous gifts look forward to being able to assure to the Committee during the This issue of the Committee’s the continuation and expansion of its campaign. This support forms the UPDATE reports on this year’s important mission for many years to core element of the Committee’s highly successful Wiley Branton come. overall 2006 budget of $3 million, Luncheon which provided an and the Committee could not opportunity to recognize two As a fine example of the maintain its programs without it. A individuals, Marc Fleischaker and Committee’s response to an emerging special word of thanks is due to the Roger Wilkins, who have both need, we are very pleased to note the many Committee Board Members exemplified a special commitment to excellent progress being made in and Trustees who played active roles civil rights throughout their establishing the Committee’s new Day in our outreach efforts. Committee Governance and Development

The Committee today operates with a staff of 28, including seven project directors, four senior lawyers, and three staff attorneys. The Committee is governed by a 50-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 for 2006 is approximately $3 million. Funding for this budget is provided by 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 2005/2006 Funding Drive concluded September 30, 2006. It provided approximately $1.1 million in law firm, individual and event funding. Nearly 100 firms and over 730 individuals contributed to this total. Foundation funding is expected to provide approximately $250,000 by the end of the foundation fundraising year, which concludes December 31, 2005. 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, the Committee will also be expanding a special campaign to secure endowment funding for its general support and specific projects. Individuals and firms interested in providing support for the Committee and 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.

Page 2 FALL 2006 UPDATE History of the Washington Lawyers’ Committee

From its inception in 1968, the plans covering federal and local Housing Litigation Project to address Washington Lawyers’ Committee has government construction projects. denials of equal housing opportunity. seen its basic mission as mobilizing Committee cases, co-counseled by Shortly thereafter, it played a key role the resources of the private bar to over a dozen area law firms, won in working with a coalition of local address issues of discrimination and precedent-setting victories against clergy to create the Fair Housing poverty in our community. The many of the region’s largest unions Council of Greater Washington. For primary motivating force behind the and contractors, opening significant the past 20 years, the Committee creation of the Committee and its employment opportunities for represented the Council and over 100 counterparts in other cities was the thousands of African-American individuals in dozens of cases that publication of the Report of the workers. have established a national standard National Advisory Commission on for effective advocacy and secured During the same period, the Civil Disorders, which identified hundreds of thousands of dollars Committee began a special outreach discrimination and poverty as the and broad injunctive relief for victims campaign directed at minority and root causes of the riots that erupted of housing discrimination. In many women federal employees. Working in cities around the nation during the of its cases, the Committee worked with employee task forces at scores late 1960’s and in Washington, D.C. in with the Fair Housing Council in that of agencies, the Committee provided April 1968 following the assassination organization’s groundbreaking efforts representation in dozens of major of Dr. Martin Luther King, Jr. to utilize paired testers to investigate cases winning many of the first allegations of discrimination. In Over the past 38 years, the judgments upholding the claims of 1999, the Fair Housing Council and Washington Lawyers’ Committee has federal workers under the newly the Fair Employment Council expanded from a small staff enacted provisions of the 1972 Civil merged to become the Equal Rights addressing a limited number of Rights Act. The Committee has built Center. matters into a larger organization on this early record to bring class operating multiple projects that actions affecting over 25 federal Public Education Projects address a broad range of civil rights agencies, and dozens of private In 1978, the Committee and poverty issues. sector defendants, securing millions established a program to assist of dollars of back pay and damages, Equal Employment parents seeking to improve the quality and injunctive relief for thousands of Opportunity Project of public education in the District of workers. Columbia, with over a dozen law The Committee’s first The Committee takes special firms offering general counsel program—its Equal Employment pride in its role in winning landmark assistance to parent groups at local Opportunity Project—was appellate rulings upholding the use of schools in the Anacostia section of established in 1971, at a time when paired testers to investigate denials of the city. Two years later, these parents the Washington area was beginning equal employment. The Committee’s and the Committee created Parents the construction of its Metro system success in these cases brought on and Congress was about to enact United for the D.C. Public Schools, major new legislation providing behalf of the Fair Employment the city-wide advocacy group that has federal, state and local workers with Council of Greater Washington led the fight for educational reform their first meaningful protections paved the way for the use of tester- in the city. generated evidence in a number of against employment discrimination. In support of Parents United, other jurisdictions. In 1999, the Fair Working with a coalition of the Committee and volunteers from Employment Council merged with community organizations, the area law firms have prepared dozens the Fair Housing Council of Greater Committee initiated an extensive of policy papers on major Washington to become the Equal litigation campaign challenging denials educational issues and successfully Rights Center. of training and job referrals by litigated landmark cases affirming the unions and contractors throughout Fair Housing Project rights of public school students and the region. In addition, major their parents. Victories included a In the mid-1970’s, the lawsuits were filed seeking case mandating enforcement of the enforcement of affirmative action Committee established its Fair continued on page 4

Page 3 WASHINGTON LAWYERS’ COMMITTEE

Committee History Health Clubs, the Committee has D.C. jail facilities as well as nearly (continued from previous page) played a major part in over a half- 8,500 individuals incarcerated under dozen national cases challenging a D.C. Fire Code, which assured D.C. law at Federal Bureau of widespread pattern and practice of millions of dollars for basic school Prisons (BOP) facilities nationwide. denying service to persons of color building repairs and renovation, and a The Project work, which decision requiring basic nursing at major hotel and restaurant chains, complements the Committee’s prior services at schools in the city and including Denny’s, Waffle House, and work in prisoners’ rights and prison medical staffing at interscholastic Adams Mark Hotels. Several years reform issues, utilizes advocacy, ago, the Committee achieved a major athletic events. Today, the Committee litigation, education, outreach and settlement in such a case against a represents Parents United in a policy reform to carry out its mission, large Avis-Rent-a-Car franchise in campaign to amend the District of and seeks to address systemic failures Columbia Charter to include a right South Carolina. For several years, this in our prison and parole systems. to a high-quality public education. project has represented the NAACP The Project has also administered a in a series of lawsuits challenging Special Projects successful partnership program since denials of civil rights affecting African 1997 that links area firms with D.C. Americans attending a large holiday The Committee has over the schools, providing tutoring, rally in Myrtle Beach, South Carolina. years handled significant matters on mentoring, and other enrichment an ad hoc basis and special projects services to over 11,000 D.C. public Disability Rights Project for limited periods of time. Perhaps school children. In 1991, the Committee began a the most significant individual case— Immigrant & Refugee special program to assist individuals Runyan v. McCrary—was a successful Rights Project seeking to enforce their rights under challenge in the United States the Americans with Disabilities Act Supreme Court under Sec. 1981 of In 1978, the Committee initiated of 1990. Working closely with a new the 1866 Civil Rights Act to the a project that was the first to address community organization—the racially discriminatory admissions the significant legal service needs of Disability Rights Council of Greater policies of a Virginia nursery school. immigrants and refugees in the D.C. Washington, the Committee has won area. Over the years, the Committee’s Special Committee projects over the a series of important victories Immigrant and Refugee Rights years have focused on securing opening access to movie theaters, Project has received support from meaningful treatment for narcotics hospitals, and government services, as over 1,000 volunteers on matters of addicts, providing quality child care well as banks, restaurants, and many political asylum, challenges to for low-income parents, representing other retail establishments. In restrictive immigration laws, as well as African-American servicemen in addition, the Committee has assured the preparation of comprehensive challenges to their less than honorable policy papers on legal issues affecting 911 phone access for the deaf community and interpreter services military discharges, and providing the Latino community. The Project supplemental instruction to hundreds has been devoting increasing for deaf individuals dealing with the of minority students about to enter resources to assisting newcomers local police. In 2005, the Disability area law schools. facing denials of basic civil rights due Rights Council merged with the to their national origin. As part of Equal Rights Center. The Committee’s achievements this effort, the Committee has filed a Prisoners’ Project over the past 38 years are directly number of cases challenging denials attributable to the thousands of in employment and housing, and has In 2006, the D.C. Prisoners’ lawyers from over 100 area law firms assisted groups and individuals Rights Project, the foremost private who have given so generously of targeted for abuse following the prisoners’ rights legal advocacy group September 11, 2001 terrorist attacks. in the District of Columbia, joined their pro bono time and financial contributions. The Committee’s Public Accommodations Project the Committee to become the Committee’s Prisoners’ Project. The record also reflects the skill and Since 1988, beginning with a Project advocates on behalf of the dedication of the talented men and major case against Holiday Spas more than 3000 prisoners held in women who have served with distinction on its staff.

Page 4 FALL 2006 UPDATE

John Burke Memorial Fund Reaches Goal

The Committee is pleased to announce that the John Burke Memorial Fund has reached its $100,000 funding goal. The Fund was established to honor the Committee’s late General Counsel, John L. Burke, Jr., who died in June 2004 after a gallant battle with brain cancer. To date, the fund has received over $103,000 from 110 contributors. The Committee is most appreciative of all gifts in support of the fund, particularly from members of the John L. Burke Fund Advisory Committee, chaired by Mark Fleischaker of Arent Fox PLLC. The income generated by the Burke Fund is used to cover the costs associated with the Committee’s annual John Burke Pro Bono Breakfast and other outreach activities designed to enlist new attorneys in the Committee’s ongoing work. Additional contributions to the John Burke Memorial Fund may be made through the Committee’s web site at http://www.washlaw.org/secure.htm.

Public Accommodations

Myrtle Beach in the City of Myrtle Beach are methods of policing during that African American and the only event. Litigation Continues weekend of the year when Damon’s During the 2006 Black Bike has closed its restaurants. Week, the Committee and the The Committee has continued NAACP closely monitored the event its enforcement efforts on behalf of After the lawsuit was filed, Damon’s opened its restaurants for to ensure compliance with its the NAACP to combat race settlement agreements and gauge the discrimination against the several the 2005 Black Bike Week and has remained open ever since. Under the overall effects of its enforcement hundred thousand African American efforts. All of the defendant tourists who attend a motorcycle Consent Decree, Damon’s is committed to serving all customers restaurants were open and appeared event, known as Black Bike Week, to enjoy a profitable weekend serving held annually in the Myrtle Beach area without regard to race at all times of the year including Black Bike Week, Black Bike Week customers. The over Memorial Day weekend. revised traffic plans of the City of and to training all managerial staff Myrtle Beach worked smoothly and On March 17, the Committee and employees on the requirements resolved through Consent Decree a there was noticeable improvement in and methods of complying with law enforcement tactics. Virtually all race discrimination lawsuit against the federal and South Carolina laws national restaurant chain Damon’s of the Myrtle Beach area businesses prohibiting race discrimination in and restaurants were open during Grill. The lawsuit, filed by the places of public accommodation. Committee with co-counsel Hogan normal hours that weekend, a Damon’s will also pay $125,000 in dramatic change from the conditions & Hartson and Derfner, Altman & damages, costs, and attorneys’ fees. Wilborn, alleged that Damon’s that prevailed at the time our lawsuits discriminated against African The Damon’s settlement were commenced in 2003. Americans by closing its two Myrtle followed the Committee’s settlements Several restaurants, including Beach area restaurants during Black with two other large Myrtle Beach Wendy’s and Friendly’s, against which Bike Week, while remaining open area restaurants, Greg Norman’s the Committee has filed complaints during another similarly large Australian Grille and J. Edward’s with the South Carolina Human motorcycle event held the weekend Steak and Ribs, which had closed Affairs Commission, remain subject before known as Harley Week, whose during Black Bike Week, as well as the to possible lawsuits based on their attendees are predominantly white. Committee’s groundbreaking lawsuit practices during previous Black Bike Black Bike Week is the only weekend against the City of Myrtle Beach weekends. each year when a majority of tourists challenging its traffic plans and

Page 5 WASHINGTON LAWYERS’ COMMITTEE

Disability Rights

Settlement to Remove Laurel Hospital Consent Attorneys’ Fees and Costs Barriers to District Decree Provides Effective Awarded in D.C. Jail Parking Meters, Sidewalks Communication Settlement

On July 26, the Committee and In July, the Committee, co- On September 5, the U.S. co-counsel Morrison & Foerster counsel Sutherland Asbill & District Court for the District of LLP announced the settlement of a Brennan LLP and the U.S. Columbia issued a landmark order groundbreaking lawsuit against the Department of Justice announced a on fees and costs in conjunction with District of Columbia that will not landmark Consent Decree on behalf the settlement of a case brought on only make its 17,000 parking meters of seven deaf individuals, who behalf of Joseph Heard, a deaf man more accessible to individuals with alleged that despite repeated requests who was illegally held in the D.C. Jail disabilities, but also greatly enhance for sign language interpreter services for nearly two years after a court access to District sidewalks. at Laurel Regional Hospital, they were ordered his release. Mr. Heard’s case provided no communication, or had was referred to Goodwin & Procter Prior to this litigation, brought to struggle with cryptic notes, lip- LLP by the Committee’s staff. on behalf of the Equal Rights Center, reading, or inadequate video United Spinal and individual plaintiffs, The Court awarded plaintiff ’s interpreting services (VIS). on-the-street parking in the District counsel its full costs, over 90% of its continued on page 13 continued on page 19 continued on page 19 An Interview with Lewis Wiener, Lead Counsel in Gillespie v. Laurel Regional Hospital

Hospital’s emergency room. Despite A: The WLC staff — and their specific requests for on-site sign specifically Elaine Gardner — are language interpreters, the Hospital amazing. I have rarely encountered a staff refused to provide such services more committed group of individuals opting to rely instead on cryptic who have dedicated themselves so written notes and blurry, ineffective selflessly to help others. Elaine’s video-conferencing equipment that knowledge of the law and her denied the deaf patients effective practical experience in dealing with communication, as required by the people with disabilities made a huge ADA. Two of our clients left the difference in the case. Hospital without a clear understanding Lewis S. Wiener, Esq. Q: What did working on this that they had life-threatening Sutherland Asbill & Brennan LLP case mean to you and your firm? conditions. Lewis Wiener, a partner in the A: This case had special meaning litigation department at Sutherland, Q: What do you believe the case for me. I had never worked with the Asbill & Brennan and lead counsel accomplished? disabled before this case, and both the in the Committee’s case on behalf of A: After over a year and a half law and the facts of the case took me seven deaf plaintiffs against Laurel well outside my comfort range. For Regional Hospital, talked about his of hard-fought litigation, we were successful in getting a consent decree Sutherland Asbill & Brennan, this case experience working with the represents and reflects our Committee on the case. entered that sets the gold standard for defining how hospitals must provide unwavering commitment to the Q: Who were your clients and effective communication for deaf Washington Lawyers’ Committee and what issues did they face? patients. to pro bono work generally. Our commitment to both was reflected, in A: We represented seven deaf Q: How would you describe part, by our donating 100% of the individuals who sought emergency your working relationship with the fees that we recovered in the case to medical treatment at Laurel Regional Committee’s staff? the Washington Lawyers Committee.

Page 6 FALL 2006 UPDATE

Fair Housing

Housing Choice Cases Citing Design and 2005, the Committee, working with Voucher Discrimination Construction Violations the Equal Rights Center, established a national model on how to address Cases Continue Proceed systemic housing issues that affect persons with disabilities and low- Since April 2005, the Committee On April 27, 2006, the income people adversely. Committee with co-counsel Gilbert, and co-counsel have filed several “The Archstone Smith litigation Heintz & Randolph LLP, filed a lawsuits under the D.C. Human and settlement have had a nationwide design and construction Rights Act on behalf of the Equal tremendous effect on the multifamily lawsuit on behalf of the Equal Rights Rights Center in D.C. Superior Court housing community nationally,” said Center against national developer against area landlords and property Sara L. Pratt, Fair Housing consultant Equity Residential in federal district management companies alleging and former Director of the Office court in Maryland. This case is the discrimination against holders of of Fair Housing Enforcement for largest of its type to date, addressing federal housing choice vouchers HUD. “It is making builders, Fair Housing Act (FHA) and (formerly known as “Section 8 developers and architects all over the Americans with Disability Act (ADA) vouchers”). country sit up, some for the first time, accessibility violations in the design and take notice of the FHA’s new In ERC v. E&G, the court and construction of 300 apartment construction requirements.” rejected legal challenges to the complexes across the country. application of the D.C. Human Rights Act to discrimination against Litigation also continues in two National Origin voucher holders, and granted other FHA design and construction summary judgment to the Equal actions against national developers in Discrimination Case Rights Center, finding that E&G’s federal district court in Maryland. In Against Area Landlords admitted refusal to accept vouchers each, the ERC charges the apartment violates the District’s D.C. Human developers with continuous and Settled Rights Act. A trial on damages is systematic violations of the civil rights On August 18, the Committee schedule for Spring 2007. Steptoe & of people with disabilities in the announced the settlement of a Johnson LLP serves as co-counsel design and construction of more than significant fair housing case alleging with the Committee in this lawsuit. 125 apartment complexes in a variety discrimination based on national of states and the District of origin against two area landlords. In ERC v. Horning, the parties Columbia. These cases include ERC The settlement prohibits future reached a settlement on August 28, v. Bozzuto and Associates, in which discrimination by the landlords, with Horning agreeing to broad Fried, Frank, Harris, Shriver & requires nondiscrimination training injunctive relief and to paying nearly Jacobson LLP serves as co-counsel related to their future housing $120,000 in damages and litigation with the Committee, and ERC v. activities, and requires the landlords to costs. Relman and Associates AvalonBay Communities, in which pay the victims of past discrimination served as co-counsel with the Gilbert, Heintz & Randolph LLP $150,000. Committee in this matter. is Committee co-counsel. Both of In ERC v. Phifer, in which these actions have been stayed while The lawsuit, filed by the Sutherland, Asbill & Brennan LLP the parties explore settlement. Committee with co-counsel Holland & Knight LLP on behalf of nine serves as co-counsel with the With the settlement of a major Latino tenant households and the Committee, both discovery and design and construction lawsuit Equal Rights Center, claimed that settlement negotiations are continuing. against Archstone Smith Trust in June continued on page 19

Page 7 WASHINGTON LAWYERS’ COMMITTEE 2006 OUTSTANDING ACHIEVEMENT AWARDS Equal Employment Opportunity Covington & Burling A team of attorneys from Covington & Burling joined the Committee in litigating three significant EEO cases over the past year. In a race and retaliation case against USAID, a final settlement and monetary payment were made following a trial court victory and appeal. In a disability discrimination case against a local university, Covington negotiated a swift settlement before discovery began. In a class action matter challenging the failure of the U.S. Postal Service to provide appropriate sign language interpreters to thousands of deaf employees nationwide at critical meetings, including meetings following the anthrax crisis in 2001, an intensive discovery

(L/R): Avis E. Buchanan, Director, The Public Defender Service schedule has just been completed. of the District of Columbia; Marc L. Fleischaker, Wiley A. Branton Awardee. Heller Huron Chertkof Lerner Simon & Salzman PLLC Attorneys from the law firm of Heller, Huron, Chertkof, Lerner, Simon & Salzman, with the Committee, brought and successfully settled a case on behalf of Jesus Romero, a Salvadoran immigrant who worked as a dishwasher at a large hotel chain for fifteen years before the hotel instituted an illegal English fluency requirement. As a result of the new policy, Mr. Romero was fired. Setting a precedent for area employers, the settlement included $50,000 in back pay and damages for Mr. Romero, attorneys’ fees, and a consent decree that prohibits the defendant from imposing English fluency rules, requires the training of management on national origin discrimination and the impact EEO (L/R): Anthony Herman, Attorney, Covington & Burling LLP; of English fluency rules, and requires the distribution of non- Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee; Carolyn P. Weiss, Staff Attorney, Washington discrimination policies in Spanish and English to hourly Lawyers’ Committee. employees. Fair Housing Gilbert Heintz & Randolph LLP Relman & Associates The firms of Gilbert Heintz & Randolph and Relman & Associates served as lead co-counsel representing the National Fair Housing Alliance and several regional fair housing groups, including the Equal Rights Center in two cases raising allegations of racial discrimination in the provision of homeowners insurance by a major national company. At the conclusion of several years of intense litigation, the cases were settled to the satisfaction of all parties. These cases are part of a series of groundbreaking challenges to discrimination in connection with homeowners insurance brought by NFHA in EEO (L/R): Susan E. Huhta, EEO Project Director, Washington recent years. Taken together, these cases have had a profound Lawyers’ Committee; Betty Grdina, Attorney, Heller Huron, impact on correcting a longstanding national problem. Chertkof, Lerner, Simon & Salzman, PLLC.

Page 8 FALL 2006 UPDATE 2006 OUTSTANDING ACHIEVEMENT AWARDS McDermott Will & Emery A team of lawyers from McDermott, Will & Emery, led by Melvin White and William Hagedorn successfully settled the largest Section 8 “Source of Income” discrimination matter to date. The lawsuit alleged that Sawyer Realty Holdings and its affiliates engaged in discriminatory conduct in violation of the D.C. Human Rights Act by refusing to rent otherwise affordable housing in the District of Columbia to holders of Section 8 vouchers. The McDermott, Will & Emery team obtained an Agreed Settlement Order from the defendants prohibiting future discrimination Fair Housing (L/R): Robert M. Bruskin, Senior Counsel, Washington Lawyers’ Committee; John P. Relman, Attorney, Relman & Associates; against voucher holders, requiring notice of vacancies in John E. Heintz, Attorney, Gilbert Heintz & Randolph LLP; Isabelle M. affordable housing to fair housing organizations, the Thabault, Fair Housing Project Director, Washington Lawyers’ Committee. implementation of a company-wide anti-discrimination policy by the defendants, and a $130,000 payment to the plaintiff, the Equal Rights Center.

Public Accommodations

Hogan & Hartson L.L.P. A team of Hogan & Hartson lawyers joined the Committee in representing the NAACP and its Conway branch in a series of lawsuits challenging the failure of three leading restaurants in Myrtle Beach to serve African- American customers during Black Bike Week. As a result of the firm’s vigorous advocacy, far-reaching settlements Fair Housing (L/R): Robert M. Bruskin, Senior Counsel, Washington have been reached in each of these cases, guaranteeing Lawyers’ Committee; William D. Hagedorn, Attorney, McDermott Will & Emery LLP; Isabelle M. Thabault, Fair Housing Project Director, non-discriminatory treatment for African-American Washington Lawyers’ Committee. customers and payment of substantial monetary damages.

Steptoe & Johnson LLP As the result of a nearly three-year legal struggle waged on behalf of the NAACP, a team of Steptoe & Johnson lawyers secured a landmark settlement on February 4, 2006, requiring the City of Myrtle Beach, South Carolina, to end a longstanding policy of racial discrimination affecting thousands of African-American visitors attending an annual Black Bike Week event. The result was achieved after one of the most vigorously contested lawsuits in the Committee’s history, during which Steptoe & Johnson won a preliminary injunction holding that race was a motivating factor in the City’s Public Accommodations (L/R): Dick Ritter, Senior Counsel, Washington Lawyers’ Committee; Elena Grigera, Attorney, Hogan & decision to adopt a restrictive traffic policy for Black Bike Hartson L.L.P.; Lori J. Searcy, Attorney, Hogan & Hartson L.L.P.; Paul Week. Hancock, Attorney, Hogan & Hartson L.L.P.; Susan E. Huhta, EEO Project Director, Washington Lawyers’ Committee.

Page 9 WASHINGTON LAWYERS’ COMMITTEE 2006 OUTSTANDING ACHIEVEMENT AWARDS Disability Rights Hogan & Hartson L.L.P. Hogan & Hartson attorneys produced two settlements requiring a local shopping mall to provide accessible evacuation routes for shoppers with disabilities, and major discount retailer Marshall’s to provide accessible evacuation routes for shoppers with disabilities in each of its 697 stores nationwide. The settlements were preceded by a ground- breaking decision in the case declaring that the Americans with Disabilities Act (ADA) requires that places of public accommodation, including landlord malls and tenant stores, consider the needs of people with disabilities in developing Public Accommodations (L/R): Michael J. Navarre, Attorney, Steptoe & Johnson LLP; Frank H. Griffin IV, Attorney, emergency evacuation plans. Steptoe & Johnson LLP; Paul R. Hurst, Attorney, Steptoe & Johnson; Susan E. Huhta, EEO Project Director, Washington Hogan & Hartson attorneys also assisted in the Lawyers’ Committee. negotiation of an historic settlement requiring more than 5,000 stores nationwide owned and operated by leading electronics retailer RadioShack to provide access to interactive electronic displays for individuals with disabilities. This is the first case to address this issue in disability rights and will also serve as a model for other electronics retailers.

Howrey LLP

AttorneysFair at HowreyHousing LLP served as co-counsel with the Disability Rights Project in a case resulting in a milestone settlement with the Washington Hospital Center, the District’s largest hospital serving the general public. Disability Rights (L/R): Robert B. Wolinsky, Attorney, Hogan & Hartson L.L.P.; Jennifer Wigman Feinberg, Attorney, Hogan The case alleged that patients with disabilities had been & Hartson L.L.P.; Adam K. Levin, Attorney, Hogan & Hartson L.L.P.; Lori J. Searcy, Attorney, Hogan & Hartson L.L.P.; E. unable to access standard medical treatment due to the Elaine Gardner, Disability Rights Project Director, Washington inaccessibility of Washington Hospital Center’s medical Lawyers’ Committee. facilities. Under the settlement, the Hospital Center will greatly increase the number and quality of accessible patient and examination rooms, purchase accessible examination tables and equipment, and promulgate procedures and policies, including procedures for patients with spinal cord injuries. This settlement, one of the first in the country to address access to hospital facilities and equipment, is underscored by the fact that the U.S. Department of Justice intervened at the settlement and will monitor compliance with the settlement terms.

Disability (L/R): Rachel L. Strong, Attorney, Howrey LLP; E. Elaine Gardner, Disability Rights Project Director, Washington Lawyers’ Committee; Elizabeth B. McCallum, Attorney, Howrey LLP.

Page 10 FALL 2006 UPDATE 2006 OUTSTANDING ACHIEVEMENT AWARDS Immigrant and Refugee Rights Heller Ehrman LLP Last fall, attorneys from Heller Ehrman responded to an urgent appeal for a legal analysis of immigration and Virginia law for Reston Interfaith, a northern Virginia nonprofit social services organization supporting the operation of a center for day laborers in Herndon, Virginia. In the face of widespread community opposition, the town ultimately approved the center, which opened at the end of 2005 despite legal challenges Immigrant & Refugee Rights (L/R): Laura E. Varela, to the expenditure of tax money for the center. Heller Ehrman Immigrant & Refugee Rights Project Director, Washington continues to serve as legal counsel to Reston Interfaith regarding Lawyers’ Committee; Michael G. Abelow, Attorney, Heller an ongoing lawsuit and compliance issues at the center. Ehrman LLP; Thomas C. Orvald, Attorney, Heller Ehrman LLP; Ruth Spivack, Paralegal, Washington Lawyers’ Committee. Cleary Gottlieb Steen & Hamilton LLP Since 2003, attorneys from the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton have gained asylum for 12 refugees and derivative asylum for three more refugees from Ethiopia, Guinea, Haiti, Liberia, Cameroon, Colombia, Somalia and Nepal. Cleary Gottlieb attorneys currently represent eight other refugees before immigration judges, the Board of Immigration Appeals, the Fourth Circuit, and other jurisdictions. In 2004, the firm’s lawyers won primary and derivative asylum for a Guinean family who had opposed female genital mutilation (FMG) on the daughters in the family and had been threatened because of their involvement in anti-FMG educational efforts. The firm now is helping a Immigrant & Refugee Rights (L/R): Laura E. Varela, Immigrant family to establish a nonprofit organization to provide & Refugee Rights Project Director, Washington Lawyers’ information and assistance to African women in the U.S. Committee; Janet P. Morris, Attorney, Cleary Gottlieb Steen & Hamilton LLP; Lee F. Berger, Attorney, Cleary Gottlieb confronting FMG and other issues. In 2005, Cleary Gottlieb Steen & Hamilton LLP; Ruth Spivack, Paralegal, attorneys successfully litigated the case of a young woman Washington Lawyers’ Committee; Matthew D. Slater, Attorney, Cleary Gottlieb Steen & Hamilton LLP.??????/ from Liberia, establishing that she suffered severe past persecution during the Charles Taylor regime. Overall, since 2003, Cleary Gottlieb’s Washington office has devoted more than 10,000 hours to pro bono immigration matters. Goodwin Procter LLP Attorneys from Goodwin Procter devoted hundreds of hours in representing asylum seekers from Cameroon, Sudan and the Democratic Republic of Congo (DRC). After attending the Project’s political asylum training, a Goodwin Procter attorney successfully represented a Sudanese medical student. The Arlington Asylum Office granted asylum to the young woman, who was targeted by the government because of her participation in a prohibited political party. Subsequently, the attorney mentored a colleague who gained asylum from the Immigrant & Refugee Rights (L/R): Laura E. Varela, Arlington Asylum Office for a young man from Cameroon. Immigrant & Refugee Rights Project Director, Washington Recently, a Goodwin Procter attorney assisted a student from Lawyers’ Committee; Ruth Spivack, Paralegal, Washington Lawyers’ Committee; Sallie F. Pullman, Attorney, Goodwin DRC, threatened because of her Rwandan ethnicity, in obtaining Procter LLP; Christopher J. Fregiato, Attorney, Goodwin asylum. Procter LLP.

Page 11 WASHINGTON LAWYERS’ COMMITTEE 2006 OUTSTANDING ACHIEVEMENT AWARDS Winston & Strawn LLP Winston & Strawn attorneys have represented several asylum seekers over the past two years and secured asylum for persons from Cameroon, Ethiopia and Rwanda. In 2005, the Board of Immigration Appeals granted asylum to one client, a student from Rwanda who was arrested because of his alleged anti-government views as well as his uncle’s involvement in an opposition party. Two other attorneys from the firm gained asylum for a former government employee from Ethiopia who was arrested Immigrant & Refugee Rights (L/R): Laura E. Varela, because of so-called anti-government activities. A team of Immigrant & Refugee Rights Project Director, Washington Lawyers’ Committee; Ruth Spivack, Paralegal, Washington attorneys obtained asylum from the Arlington Asylum Lawyers’ Committee; John Kirtland, Attorney, Winston & Office for a Cameroonian activist who had been arrested Strawn LLP; John A. Waits, Attorney, Winston & Strawn LLP; Ryan S. Spiegel, Attorney, Winston & Strawn LLP. and tortured on account of his advocacy for the rights of the English-speaking minority.

Public Education Baker & McKenzie LLP When asked what Baker & McKenzie meant to his school, Principal Dennis Homesley says, “Everything. Whatever we need, they are there to help us.” Whether it is providing school uniforms, personal hygiene kits for all of the 6th grade girls, visits to the firm for a Halloween party, funds to cover field trips, school supplies, or sponsorship

Public Education (L/R): A. Duane Webber, Attorney, Baker & of Grandparent Appreciation Day, the firm has made a McKenzie LLP; Iris J. Toyer, D.C. Public School Partnerships tremendous impact at Payne Elementary School. The Project Director; Washington Lawyers’ Committee; Cheryl Kragnes, Attorney, Baker & McKenzie LLP; David J. Laing, firm’s generous contributions from its Bake Sale “auction” Attorney, Baker & McKenzie LLP. are a welcomed resource at Payne. When a kindergarten student was lost in a fire that destroyed the family’s home, the firm stepped in and supported the family, touching not only the lives of that one family, but an entire school community and sealing an already strong friendship.

Sidley Austin LLP Sidley Austin has played the leading role in drafting and advocating for an education rights amendment to the District of Columbia’s Home Rule Charter, the D.C. equivalent of a state constitution. The proposed provision would guarantee the District’s children the right to high- quality public schools. Lawyers at Sidley have devoted hundreds of hours in advocacy for the measure. Their Public Education (L/R): Iris J. Toyer, Public School efforts have included preparation of extensive legal Partnerships Project Director, Washington Lawyers’ Committee; Patrick F. Linehan, Attorney, Sidley Austin LLP; Mary M. Levy, memoranda, appearances at public meetings, and Public Education Reform Project Director, Washington delivering testimony before the D.C. Council. Lawyers’ Committee.

Page 12 FALL 2006 UPDATE 2006 OUTSTANDING ACHIEVEMENT AWARDS

Vincent E. Reed Award (L/R): Iris J. Toyer, D.C. Public School Vincent E. Reed Award (L/R): Iris J. Toyer, D.C. Public School Partnerships Project Director; Washington Lawyers’ Committee; Partnerships Project Director; Washington Lawyers’ Committee; Ngoc Niblack, Legal Assistant, Arent Fox PLLC; Alan G. Fishel, Michael E. Nannes, Attorney, Dickstein Shapiro LLP; Margaret Attorney, Arent Fox PLLC; Sarah Clarke, Administrative Assistant, Feinstein, Attorney, Dickstein Shapiro LLP; Kent T. Withycombe, Arent Fox PLLC; Marcia Fuller Durkin, Attorney, Arent Fox PLLC; Attorney, Dickstein Shapiro LLP; Sidney Dickstein, Founding Michelle Reid, Legal Assistant, Arent Fox PLLC. Partner, Dickstein Shapiro LLP.

D.C. Prisoners’ Legal Services Project With the assistance of several Parking meters (continued from page 6) (continued from front page) cooperating law firms, including was virtually impossible for drivers Project Director Phil Fornaci Covington & Burling; O’Melveny with disabilities. Meters and the sidewalks on which they were located had served as Executive Director of & Myers; McDermott, Will & were often inaccessible. The District Emery; Morgan, Lewis & the D.C. Prisoners Legal Services ticketed cars with valid disability Project since 2003, after nearly five Bockius; and Proskauer, Rose, the placards from other states, despite the years as Executive Director of the Prisoners’ Project has already placed a inaccessibility of D.C. meters, and Maryland Disability Law Center, the number of significant matters relating despite the fact that every other state- federally designated protection and to complaints by individual prisoners level jurisdiction in the country grants advocacy agency for people with about mistreatment in the prison reciprocity to out-of-state placards. The District’s own disability placard disabilities. He is a graduate of the system and reviews of improprieties application process was onerous and George Washington University in the D.C. parole system. Case outrageously intrusive. School of Law. matters include failure to provide required prescription drugs to an The settlement is the first in the The D.C. Prisoners’ Project nation to address inaccessible on-the- inmate released from D.C. jail who advocates on behalf of the more street parking, and requires designated than 3000 prisoners held in D.C. jail fell into a coma, failure to provide accessible meters on each metered facilities as well as nearly 8,500 medical treatment for a BOP block. Equally important, many individuals incarcerated under D.C. prisoner who subsequently required sidewalk barriers will be removed and law at the Federal Bureau of Prisons two surgeries to correct a painful each block with meters will have curb (BOP) facilities nationwide. The intestinal condition, and shackling ramps, at least one at each corner conforming to new standards. Project utilizes advocacy, litigation, another BOP prisoner for 26 days education, outreach and policy after which the prisoner suffered In response to this lawsuit, the reform to carry out its mission. At permanent neural injury. The District disability parking placard the Committee, the Prisoners’ Prisoners’ Project is also collaborating application process has been improved and the City Council has enacted Project will continue this work and closely with the D.C. Public Defender legislation extending disability parking seek to address systemic failures in Service to identify systemic problems privileges to those with out-of-state our prison and parole systems. in both local jail and BOP facilities. placards.

Page 13 WASHINGTON LAWYERS’ COMMITTEE

Immigrant and Refugee Rights

Day Laborer Support interviews referred from Virginia In Immigration Court, Wilmer Initiative Expands Justice Center, Tenants and Workers Cutler Pickering Hale and Dorr United, and CASA of Maryland. The LLP gained relief from removal for This past summer, the Project then contacts local lawyers a musician from Cameroon who was Committee’s Immigrant and Refugee and law firms interested in arrested and physically abused Rights (IRR) Project launched a Day representing these workers. To date, because of his musical participation at Labor Support Initiative to address the Project has held over 40 intake rallies for an opposition Anglophone the urgent legal needs of immigrant interviews of immigrant workers political party. workers in the D.C. area. This who were not paid for their work, program has two primary and has begun investigations involving In the Asylum Office, Steptoe components: (1) advocating for a unpaid wages that implicate 18 & Johnson LLP won asylum for a D.C. day laborer workers’ center; and different employers and sub- student from Cameroon who was (2) representing exploited, abused or contractors. arrested twice because of his unpaid day laborers. participation in one of the major Through its representation of opposition parties and for his Immigrant day laborers have immigrant workers, the Project involvement in student gathered for many years at informal collects data and related information demonstrations. hiring sites in the District of to target area employers and Columbia and have been the subject industries involved in large-scale With the assistance of an of complaints in the community. abuse or exploitation of immigrant attorney from Winston & Strawn With local immigrants’ rights groups workers. The Project also seeks to LLP, the Asylum Office granted and the National Day Laborer protect workers through litigation or asylum to a woman graduate student Organizing Network, the Project is legislative means that will make from Cameroon who was targeted working on strategies supporting contractors and developers liable for by the government due to her development of a D.C. workers’ unpaid wages and create incentives involvement in student protests and center to address this need. Steptoe for full payment of wages. her refusal to support the political & Johnson is currently working with activities of the ruling party. the IRR Project by investigating the Model pleadings and basic treatment of day laborers who are guidance on representing immigrant Asylum Law Training hired in Washington, D.C. as well as workers and day laborers with ascertaining the laborers’ legal rights unpaid wage and hour claims are Offered to wait for work on public property available. For more information, please contact the Project Director The Project’s 2006 annual and potential remedies to address political asylum law training, related problems that may arise. Laura Varela at 202-319-1000, ext. 125, or [email protected]. highlighting successful cases, will be The Project is also assisting area held on Tuesday, November 14, groups seeking to develop workers’ Committee Volunteers 2006, at the D.C. Bar Conference centers in Virginia and Maryland. The Center. Training is open to volunteers Project’s support for the Herndon Win Victories For who agree to accept two pro bono Workers’ Center in Virginia is an Asylum Seekers matters. The $25 cost covers the example of this work. Attorneys comprehensive manual used at the from HellerEhrman are assisting the The Committee’s Immigrant and training. Pre-registration is required. Project in this case. Refugee Rights Project and co- For more information, please contact The Project conducts “know- counsel won the following asylum the Project at (202) 319-1000, ext. your-rights” workshops and legal cases recently in Immigration Court 120. To register, see: intake for immigrant day laborers and in the Arlington, Virginia, Aslyum www.dcbar.org/for_lawyers/ weekly and handles in-person intake Office. pro_bono/training/index.cfm.

Page 14 FALL 2006 UPDATE

Equal Employment Opportunity

Former Department of Discovery Underway in African-American employees, Leroy Commerce Employee Baltimore City Police Plater and Mark McCoy, against their employer W.A. Chester, LLC, a Obtains Settlement Department Lawsuit wholly-owned subsidiary of Plaintiffs have prevailed in PEPCO. W.A. Chester is in the The Committee, working with several motions to compel and are in business of installing underground co-counsel Steptoe and Johnson, the discovery process of obtaining and above ground electric cables. negotiated a settlement on behalf of statistical data in the class-action David Kaplan, a disabled former discrimination lawsuit filed by the Mr. Plater is an experienced employee from the Department of Committee with co-counsel Weil, journeyman electrician who has Gotshal & Manges, LLP and struggled with little success to be Commerce agency National Oceanic Robert L. Smith, Jr., LLC against admitted into the ranks of cable & Atmospheric Administration the Baltimore City Police splicers – the highest paid category of (NOAA), who was denied reasonable Department. skilled work performed at Chester. accommodation and terminated in The complaint, filed in the The suit alleges that Mr. Plater violation of the Rehabilitation Act. Federal District Court for the District was the subject of racial epithets, was of Maryland in December 2004 on Under the settlement, reached in excluded from training given to behalf of Sgt. Louis Hopson and August 2006 and entered by the several other named plaintiffs, as well whites, was subjected to offensive Court on August 26, Mr. Kaplan will as over 1,200 other current and and demeaning remarks, and was receive a $100,000 monetary payment former African-American officers, given the dirtiest and least desirable and attorneys’ fees. alleges that black officers in the jobs in his efforts to advance within Baltimore City Police Department the company, and that he suffered Mr. Kaplan is a dwarf who was have for years endured a racially retaliation when he complained. hired by NOAA in February 2000 as discriminatory disciplinary system. Mr. McCoy was hired as a cable an administrative and technical The lawsuit also alleges that splicer, having worked in that capacity assistant. His lawsuit, filed in 2005 in officers who spoke up about for many years at Con Edison in U.S. District Court for the District of discrimination or filed claims alleging New York. Columbia, alleged that his supervisor discrimination were routinely and a co-worker subjected him to retaliated against by the Department. Despite his experience and Class discovery is underway. discriminatory comments about his demonstrated splicing ability, Mr. McCoy was largely relegated to dwarfism during his first ten months unskilled labor tasks, was not given of employment. Discrimination Suit Filed splicer pay, was disciplined for trivial He further claimed that the Against W.A. Chester, and inconsequential matters for which Department failed to accommodate PEPCO whites went unscathed, and was his disability fully and then discharged Subsidiary finally fired for allegedly not being a him on the basis of his disability. “team player,” based upon alleged information that was not disclosed to After the discovery phase of the case On July 7, the Committee and him. began, NOAA approached plaintiff co-counsel Willkie, Farr & and sought to mediate a resolution of Gallagher LLP filed an employment The discovery phase of the case the case. discrimination lawsuit on behalf two is underway.

Page 15 WASHINGTON LAWYERS’ COMMITTEE

Public Education

D.C. Education Charter Schools And Firms Meet D.C. School Advocacy Continues At Fall Partnership Modernization Act Luncheon Impacts Partnerships This summer, the D.C. Council adopted on a first reading by a vote On September 27, the In keeping with the School of 12 to 1 an amendment to the D.C. Committee’s D.C. Public School Partnerships Project (formerly Public Modernization Act of 2006 passed Home Rule Charter that would Education Legal Services Project) by the Council, the Superintendent is obligate the District of Columbia to brought together over 50 public required to provide a plan to reduce provide a high-quality system of school and firm coordinators of the excess space prior to the release of public schools for all children in the Project’s educational partnerships for any funds. The Board of Education District of Columbia. However, on its annual Fall Partnership Luncheon. set a goal of 1 million square feet for their second reading later in the The annual fall meeting, hosted by the first round. Akin, Gump Strauss Hauer & summer, the D.C. Council voted to Three of the Committee’s Feld, offers the opportunity for D.C. table the amendment by a vote of 7 partnership schools were impacted, public school principals, assistant to 6, thereby effectively rejecting it. R.H. Terrell Junior High School, principals and other school Montgomery Elementary School and Some Council members feared representatives to meet with the law Van Ness Elementary School. Van litigation in enforcing the right. The firm and other company Ness Elementary School was closed. Committee plans to have the coordinators of the 45 educational Montgomery now shares space with partnerships in the Committee’s legislation re-introduced in the next a public charter school. The 9th grade Council session. Public Education Project’s network. continued on page 18 continued on page 19 continued on page 19

Special Projects

Committee, Firms Host Directed for many years by and legal writing, and culminates in a Legal Reasoning Hogan & Hartson partner Bob moot court. The students are also Duncan, the program is designed to introduced to basic legal research Program prepare students for the first year of methods. law school by providing a taste of the The Washington Lawyer’s Over the past 20 years, more Committee again offered this past highly analytical, argumentative style of than 1,000 students have participated summer an “Introduction to Legal learning to which some students have in this program and more than 500 Reasoning” program for students had little or no exposure. cooperating attorneys have served as entering Washington area law schools The course also provides a who are members of groups instructors. preview of some basic legal language traditionally disadvantaged or under- and the fundamentals of the The firms of Hogan & represented in the practice of law. American judicial system. The Hartson and Miller & Chevalier The city-wide program was program enables the students to gain provided instructors for this year’s organized by Hogan & Hartson, in program. cooperation with the Committee. a basic familiarity with legal reasoning

Page 16 FALL 2006 UPDATE

Arrivals

New Board Members Law School, and clerked for Judge staff of Whitman-Walker Clinic Legal Timothy K. Lewis at the U.S. Court Services Program, and became its The Washington Lawyers’ of Appeals for the Third Circuit. Director in 1994. Committee recently welcomed two Deborah Golden new members to the Board of New Staff Members Directors: Peter Isakoff and Edward Deborah Golden has joined the Bilich. Committee as a Staff Attorney with Laura Varela the Prisoners’ Project. She had Peter Isakoff Laura E. Varela has joined the worked with the D.C. Prisoners’ Peter Isakoff heads the Washington Lawyers’ Committee for Legal Services Project since 2000. Washington D.C. litigation practice at Civil Rights and Urban Affairs as After graduating from the University Weil Gotshal & Manges LLP, Director of the Immigrant and of Michigan Law School in 1988, she specializing in class-action defense and Refugee Rights Project. Laura received a Skadden Fellowship to general civil and commercial litigation received her J.D. Degree from the serve the civil legal needs of domestic in trial and appellate courts. He University of Michigan Law School, violence survivors in Appalachian graduated from Columbia Law and B.S. Degree from the University Kentucky. School, and clerked for Judge of Maryland, College Park. Laura Ivy Lange Wilfred Feinberg at the United States formerly worked as a Staff Attorney Court of Appeals for the Second with CASA of Maryland in Ivy Lange has joined the Circuit and for Associate Justice John Baltimore. Previously, she was a Committee as a Staff Attorney with Paul Stevens at the United States student attorney with the Michigan the Prisoners’ Project. Previously, she Supreme Court. He has also worked Clinical Law Program in Ann Arbor, worked as an Equal Justice Works for the Criminal Division of the an extern with Colorado Legal Fellow and subsequently as a staff United States Department of Justice Services in Denver, and intern- attorney with the D.C. Prisoners’ in Washington as a trial lawyer, investigator with the Public Defender Legal Services Project. She is a specializing in white-collar criminal Service in Washington, D.C. graduate of American University’s prosecutions. Washington College of Law. Phil Fornaci Edward K.M. Bilich Lucy Panza Philip Fornaci recently joined the Ted Bilich, a litigation partner at Committee as Director of the Lucy Panza recently joined the Jones Day, handles class actions and Prisoners’ Project. He had served as Committee as a Paralegal who will other multiparty, multi-jurisdictional Executive Director of the D.C. split her time between the Equal civil cases in the areas of consumer Prisoners Legal Services Project since Employment Opportunity and fraud, consumer finance, mass tort, August 2003, after nearly five years as Immigrant and Refugee Rights antitrust, securities, and employment Executive Director of the Maryland Projects. She received her B.A. law, as well as corporate internal Disability Law Center, the federally Degree from New York University, investigations and white-collar designated protection and advocacy and is fluent in Spanish. She criminal cases. He serves as president agency for people with disabilities. He previously worked as an intern with and board member of the Latino is a graduate of the George the ACLU National Legal Student Fund. He is a graduate of Washington University School of Department in New York and the Wake Forest University and Harvard Law. After law school, he joined the ACLU of the National Capital Area.

Page 17 WASHINGTON LAWYERS’ COMMITTEE

Branton Awards Lunch (continued from front page) This year’s Luncheon Co-Chairs Johnson; as Member of the Editorial were David J. Cynamon of Board of The Washington Post, where Avis E. Buchanan, Director of Pillsbury Winthrop Shaw Pittman he shared a Pulitzer Prize for work the Public Defender Service for the LLP, John A. Payton, Jr. of Wilmer on the Watergate scandal; as District of Columbia and former Cutler Pickering Hale and Dorr columnist and editorial writer for the Director of Litigation at the LLP and Roger E. Warin of New York Times; to his current Committee, presented the award to Steptoe & Johnson LLP. position as Robinson Professor of Marc Fleischaker. Roger W. Wilkins History at George Mason University. received the award from John A. Marc L. Fleischaker has nearly Payton, Jr., a former Committee Co- 30 years of involvement with the Addressing the luncheon Chair and partner at the law firm of Washington Lawyers’ Committee, audience, Mr. Wilkins, who knew Wilmer Cutler Pickering Hale and serving as a founding Board Wiley Branton personally and worked Dorr LLP. Member, long-time Trustee, and two- with him, said “I am truly honored to time Co-Chair of the Committee, receive an award in the name of Washington Lawyers’ and helping guide development of Wiley Branton. I want to say thank Committee Co-Chair and Beveridge the Committee’s disability rights, you to the Washington Lawyers’ & Diamond P.C. partner Benjamin public education reform and Committee for all you do.” F. Wilson presented the Alfred immigrant rights projects. His McKenzie Award to The Leadership The Committee’s annual Branton leadership at Arent Fox has Conference on Civil Rights. The Awards Luncheon is named in honor contributed greatly to the firm’s McKenzie Award is given to a of Wiley A. Branton, Sr., a civil rights strong pro bono program in support Committee client for dedication and lawyer of the 1950’s who served with of Committee projects. He has courage that has produced distinction in government, as Dean of served as co-counsel on such notable particularly significant civil rights Howard Law School, and as leader in Committee cases as class-action race victories. The Leadership Conference several civil rights organizations. He discrimination lawsuits involving the received the award for its successful served as a Co-Chair of the U.S. General Accounting Office and advocacy on behalf of virtually every Washington Lawyers’ Committee in Library of Congress, a pattern and piece of modern civil rights 1987 and 1988. Since 1989, the practice case challenging redlining legislation. Wade Henderson, Committee has bestowed the practices in the homeowners’ Executive Director of The Branton Award annually on a insurance industry, and as current lead Leadership Conference, accepted the member of the legal community counsel on behalf of thousands of award on behalf of the organization. whose lifetime efforts on behalf of women farmers challenging denials civil rights advocacy exemplify the Arent Fox PLLC and of equal access to U.S. Department deep commitment of Wiley A. Dickstein Shapiro Morin & of Agriculture loans and other Branton, Sr., to equal justice in our Oshinsky LLP were honored with services. society. the Vincent E. Reed Award for their In accepting the award, Marc commitment to public education in Fleischaker said, “Wiley Branton Charter Amendment (continued from page 16) the District of Columbia. The award exemplified public spirit and public The proposed legislation would is given in the name of distinguished service, and it is an honor to receive have adopted a Home Rule Charter educator and former D.C. Schools an award in his name. I thank the amendment, subject to a voter Superintendent Vincent E. Reed, who Committee for the opportunity to referendum in November, obligating encouraged the Committee to work on important cases with the District to provide a high-quality establish its public education support wonderful people and courageous system of public schools to all programs. and thoughtful clients for the past 25 District children. The Committee also recognized years.” While virtually every state in the 14 law firms with Outstanding Roger W. Wilkins’ notable career Union has a constitutional clause Achievement Awards for their as an advocate for equal justice spans providing children with the right to a dedication to Committee pro bono nearly 50 years: from his early work public education with some degree assignments over the past year. For with the NAACP Legal Defense of adequacy, the District of more information about the law firm Fund, Inc.; as Assistant Attorney Columbia’s children have no such awardees and their achievements, see General under President Lyndon right. pages 8–13.

Page 18 FALL 2006 UPDATE

Counsel with the Committee on Committee staff has worked D.C. Jail Settlement (continued from page6) this matter are Sidley Austin LLP; with the school system’s central requested fees, and approved a one- Fulbright & Jaworski L.L.P, administrative staff to develop the third contingency fee for a settlement Michael H. Dardzinski, Esq., the closure/merger plans. The goal of with a private health care contractor. Education Project at the Washington the plan was to assure that the School of Law of American concerns of teachers, students and The fee award reimburses the firm University and the Leadership parents were addressed during the for its work that culminated in a pair Conference on Civil Rights. implementation process. Based on of 2005 settlements, under which the early reports the moves went well. District agreed to pay Heard $1.1 Partnership Luncheon (continued from page 16) The Committee worked closely to million and the private contractor assist affected law firm and school agreed to pay an undisclosed Guest speakers included Milena partnerships, including Van Ness’ additional amount. The awards will Kalinovska, Museum Program partner firm, Bracewell & Giuliani, be held in a trust, providing lifetime Manager of the Smithsonian’s which established a new partnership support for Mr. Heard. Hirshhorn Museum and Sculpture with Brightwood Elementary School. Garden, which seeks to bring new National Origin Discrimination Case Laurel Hospital (continued from page 6) educational programs to D.C. public (continued from page 7) schools students; Parents United Executive Director Margot Berkey, VIS, now frequently used in shortly after purchasing a multi-family who discussed the status of the D.C. many settings, provides an off-site apartment building located at 710 Education Charter Amendment and interpreter through Internet video- Jefferson Street in June 2004, Facilities Modernization Plan; Richard conference technology. While useful, landlords Steven Loney and Caroline W. McGhee, General Manager of it is critical that these services be Charles launched a campaign of District Schools Television, who monitored in hospital settings to harassing tactics aimed at forcing the presented a video of the first ensure they meet performance Hispanic tenants to leave the building. Geoplunge Geography Tournament; standards and are not used with and Arent Fox attorney Alan Fishel, patients whose medical conditions The complaint alleged that the inventor of the popular award- compromise their ability to see the landlords filed eviction actions and winning geography game, who monitor or be seen by the camera. sent a written notice falsely announced a rematch of the The U.S. Department of Justice threatening the tenants that Geoplunge Tournament, scheduled intervened in the case due to the immigration officials were coming to for Thursday, November 30 at the serious nature of the allegations and the building; verbally harassing the Charles Sumner School. the novelty of the VIS issues. This Hispanic tenants, by making If you are interested in Decree is the first ADA case statements that “all El Salvadorans are establishing an educational partnership resolution to include criteria for VIS stupid,” and that they should “go with a D.C. public school, please and will serve as a model for other home to their own countries.” contact Project Director Iris Toyer at hospitals. 202-319-1000, ext. 117, or at After the D.C. Office of The Decree requires Laurel [email protected]. Human Rights found probable cause Hospital to ensure effective that the landlords had discriminated communication for deaf patients and against the tenants and Equal Rights Modernization Act (continued from page 16) deaf companions of patients Center on the basis of national origin, through: assessment of the the case was filed in D.C. Superior students at Terrell Junior High School communication service needed; Court. The action was removed to were moved to the senior high level provision of appropriate aids and federal court by the landlords and and the 7th and 8th grade students services including live interpreters and merged with Walker Jones improved video interpreting services; concluded there. Elementary School making it a Pre- notice to the deaf community; and K-8 Education Center. training for hospital personnel.

Page 19 WASHINGTON LAWYERS’ COMMITTEE

Board of Directors James N. Bierman, Co-Chair Mary E. Gately George D. Ruttinger Melvin White, Co-Chair Jonathan D. Hacker Stanley J. Samorajczyk Mary L. Azcuenaga John E. Heintz Matthew D. Slater Douglas W. Baruch Peter B. Hutt II Paul M. Smith Edward K.M. Bilich Peter D. Isakoff Richard W. Snowdon III Roderic V.O. Boggs Robin E. Jacobsohn Mark A. Srere Quinton V. Bowman Ann M. Kappler Gary S. Thompson Thomas W. Brunner John C. Keeney Denise A. Vanison G. Brian Busey Benjamin B. Klubes Patrick S. Campbell Wilma A. Lewis F. Joseph Warin Brian H. Corcoran Ignacia S. Moreno Roger E. Warin David J. Cynamon Stephen P. Murphy Lewis S. Wiener John M. Faust John A. Payton David F. Williams Margaret Feinstein Elissa J. Preheim Thomas S. Williamson Ronald S. Flagg John Townsend Rich Benjamin F. Wilson Marc L. Fleischaker Jeffrey D. Robinson Alan M. Wiseman

CORPORATE & FOUNDATION CONTRIBUTORS Washington Lawyers’ Committee The Washington Lawyers’ Committee acknowledges the for Civil Rights and Urban Affairs following corporations and foundations for their UPDATE contributions and commitments this year: Bank of America Foundation Black Entertainment Television, Inc. James N. Bierman The Morris and Gwendolyn Cafritz Foundation Melvin White Co-Chairs D.C. Bar Foundation D.C. Chartered Health Plan, Inc. Roderic V.O. Boggs Executive Director Dimick Foundation

Susan E. Huhta, Project Director Fannie Mae Fund of the Community Foundation of Equal Employment Opportunity Project the National Capital Region Isabelle M. Thabault, Project Director Fair Housing Project Freddie Mac Foundation E. Elaine Gardner, Project Director Disability Rights Project Aaron & Cecile Goldman Family Foundation Laura E. Varela, Project Director Government Scientific Source, Inc. Immigrant and Refugee Rights Project Philip Fornaci, Project Director The Hanley Foundation D.C. Prisoners’ Project Health Right, Inc. Mary M. Levy, Project Director Public Education Reform Project Corina Higginson Trust Iris J. Toyer, Project Director D.C. Public School Partnerships Project Kiplinger Foundation Anthony Lucas-Spindletop Foundation Da’aga Hill Bowman, Director Foundation Outreach and Public Information George Preston Marshall Foundation Paula Jones, Administrative Assistant Mead Family Foundation 11 Dupont Circle, NW, Suite 400, Washington, DC 20036 The Meyer Foundation (202) 319-1000 (VOICE) • (202) 319-1010 (FAX) (202) 319-1075 (TDD) • WWW.WASHLAW.ORG George Wasserman Family Foundation

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