Dec 1, 2013

Locally Speaking

Philadelphia Mayor Wants City To Be “Most LGBT-Friendly” In The World

Michael Nutter would like his city to become a "leader on equality issues," he says

Philadelphia Mayor Michael Nutter signed legislation making his city the first in the country to offer tax credits to companies that extend the same healthcare benefits to LGBT employees’ domestic partners and their children as they provide to heterosexual spouses and their families. The bill also offers tax credits to businesses that provide transgender-inclusive health benefits, and ensures that transgender people have safe and equal access to bathrooms in all city-owned buildings.

After signing the measure, Nutter explained that he hoped Philadelphia would become “the most LGBT-friendly” city in the world.

“My goal is for Philadelphia to be one of, if not the most, LGBT-friendly cities in the world and a leader on equality issues,” Nutter told Philadelphia’s WCAU.

As noted by WCAU, the legislation also outlaws discrimination based on gender identity, changes city forms and websites to be LGBT-inclusive, and extends medical and end-of-life decision-making rights to same-sex partners.

“This is a city that is truly respecting all its citizens,” said state Rep. Brian Sims, a Philadelphia Democrat and the first openly gay candidate to be elected to the Legislature. “It is because of that respect that we are indeed a first-class city and we will continue to shine.”

Marriage equality is still banned in the state, though Sims introduced an equal marriage bill earlier in October. –Salon

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Court Upholds N.J. Ban On ‘Ex-Gay’ Therapy
 
A federal court in New Jersey ruled on Friday the recently signed law barring “ex-gay” sexual orientation conversion therapy for minors in the state is constitutional.

U.S. District Judge Freda Wolfson, an appointee of former President George W. Bush, upheld the law signed by Gov. Chris Christie in August on the basis that the law restricts neither speech nor religious freedom.

In the 66-page decision, Wolfson writes the arguments presented by plaintiffs are “counter to the longstanding principle that a state generally may enact laws rationally regulating professionals, including those providing medicine and mental health services.”

Additionally, the judge granted a request by Garden State Equality, a statewide LGBT group in New Jersey, to intervene in the case to defend the law.

Wolfson issued the ruling in response to a lawsuit filed by the Liberty Counsel on behalf of practitioners in New Jersey who practice “ex-gay” therapy, which is widely discredited by mainstream psychological groups, and fringe psychological groups that have endorsed it.

LGBT advocates who worked to pass the law hailed the decision as an affirmation the law protects LGBT youth in New Jersey.

Troy Stevenson, executive cirector of Garden State Equality, called the ruling “a huge victory for New Jersey youth.”

“This law will save lives by protecting young people them from these horrible and damaging practices,” Stevenson said.

Shannon Minter, legal director for the National Center for Lesbian Rights, represented Garden State Equality in the lawsuit and praised the decision.

“This law protects youth from practices that have been rejected by all leading medical and mental health professional organizations,” Minter said. “The court issued a clear and thorough decision explaining that state-licensed therapists do not have a constitutional right to engage in discredited practices that do not improve patients’ health and put young people at risk of severe harm, including depression and suicide.”

The ruling comes in the wake of a second lawsuit that was filed against the law by an unidentified New Jersey couple who argue the law prevents them from seeking treatment for their 15-year-old son.

In August, the U.S. Ninth Circuit Court of Appeals upheld a similar a law in California barring “ex-gay” conversion therapy for minors signed by Gov. Jerry Brown (D-Calif.). A similar bill that would ban the practice in D.C. has been introduced by Council member Mary Cheh (D-Ward 3).

Mat Staver, chair of the Liberty Counsel, told the Washington Blade via email on Monday that his organization “has already” filed an appeal of the decision.

“Since this is an unprecedented intrusion on counselors and clients and restricts what they can say or hear, we believe this law will be overturned on appeal,” Staver said. “If necessary we will take this case to the U.S. Supreme Court.”

CORRECTION: An initial version of this article misspelled the names of Judge Freda Wolfson and Troy Stevenson. The Blade regrets the error. The article has also been updated to include to quote from Mat Staver. –Washington Blade

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NY Troopers In Big SUVs Peer In On Texting Drivers

Even for a state trooper, it's not easy to spot drivers who are texting. Their smartphones are down on their laps, not at their ears. And they're probably not moving their lips.

That's why New York has given state police 32 tall, unmarked SUVs to better peer down at drivers' hands, part of one of the nation's most aggressive attacks on texting while driving that also includes steeper penalties and dozens of highway "Texting Zones," where motorists can pull over to use their devices.

"Look at that," Trooper Clayton Howell says, pulling alongside a black BMW while patrolling the highways north of New York City. "This guy's looking down. I can see his thumb on the phone. I think we got him."

After a quick wail of the siren and a flash of the tucked-away flashers, an accountant from the suburbs is pulled over and politely given a ticket.

New York is among 41 states that ban text messaging for all drivers and is among only 12 that prohibit using hand-held cellphones. The state this year stiffened penalties for motorists caught using hand-held devices to talk or text, increasing penalty points on the driving record from three to five, along with tickets that carry fines of up to $200.

With the tough new penalties came tougher enforcement. In a two-month crackdown this summer, troopers handed out 5,553 tickets for texting while driving, compared to 924 in the same period last year.

In New York's recent push, 91 existing rest areas and turnoffs on the state Thruway and other highways have been rebranded "Texting Zones," some advertised with blue signs declaring "It can wait. Text stop 5 miles."

"To our knowledge, New York is the first," Jonathan Adkins, deputy executive director of the Governors Highway Safety Association, said of the texting turnoffs. "It's an intriguing approach and one that we think will pay dividends and be duplicated in other states."

The National Highway Traffic Safety Administration says that at any moment during daylight hours, 660,000 drivers in the United States are texting, using cellphones or otherwise manipulating electronic devices. It says more than 3,300 people were killed and 421,000 injured in crashes caused by distracted driving last year.

Major Michael Kopy, commander of the state police troop patrolling the corridor between New York City and Albany, quoted a Virginia Tech study that found texting while driving increased the chance of a collision by 23 times and took eyes off the road for five seconds — more than the length of a football field at highway speed.

Kopy worries that as teens get their driver's licenses, texting on the road will become more prevalent. "More people are coming of driving age who have had these hand-held devices for many years, and now as they start to drive, they're putting the two together, texting and driving, when they shouldn't."

Howell's SUV, called a CITE vehicle for Concealed Identity Traffic Enforcement, is designed to catch just such drivers. Mousy gray in color, it swoops in undetected when Howell suspects a violation.

"You can see how oblivious they are to this vehicle," Howell said as a woman holding a phone paid him no mind. "I'm right next to them, and they have no idea."

The driver, a doctor, said she'd been running late and was on the phone to her office. It didn't qualify as an emergency under the rules, but she got off with a warning.

The accountant who was ticketed, Chris Pecchia, of Montrose, told Howell he hadn't been texting but rather was looking at a map displayed on his phone. He was cited anyway, for driving while using a portable electronic device.

"His story's believable, but even a GPS has to be hands-free," Howell said.

Pecchia said afterward: "I can't look at a map? What's the difference between looking at a paper map and looking at a map on the phone?"

Still, he said, he understood why the trooper pulled him over. He said he would never text while driving and has forbidden his 17-year-old daughter from doing so.

Howell pulled over a registered nurse because she had earbuds in both ears. Only one earbud is permitted while driving. She got off with a warning after explaining she was listening to her GPS's turn-by-turn directions.

"I tend to give people the benefit of the doubt," Howell said. "It's my philosophy to educate, and when you pull somebody over and give them a warning, that's a pretty good education." -Yahoo News

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