June 2, 2023 at 10:25 am
· Filed under Public Interest Law News Bulletin
Sam Halpert, NALP Director of Public Service Initiatives
Photo: Harris and Ewing Collection, Library of Congress
Hello, interested public!
Happy Pride Month! Unfortunately, there’s not much in the way of positive news for the LGBTQ+ community, but the fight for equal rights will continue. Regarding the federal government’s debt ceiling talks and student debt crisis, the Senate has chosen to back the House’s bill undermining Biden’s student debt forgiveness plan, but Biden may yet exercise his veto power (fingers crossed!). Also, lots of news surrounding First Amendment issues, particularly involving the CUNY commencement speech that has garnered national and international attention.
As always, these stories and more are in the links below.
Happy reading,
Brittany
Editor’s Choice
First Amendment Concerns
Eye on AI & Other Legal Technology
Student Loans & Student Debt
Sexual Orientation & Gender Identity
In the United States, “[a]ccording to a tracker provided by the ACLU, this June is blemished by more than 490 anti-LGBTQ+ bills threatening everything from basic health care to bathroom use and available books. This month, the risk of harm and humiliation is looming large. ”
In Iowa, “Republican Gov. Kim Reynolds signed a sweeping anti-LGBTQ education bill Friday, dramatically restricting what students are allowed to learn in schools across the state. ”
In Lexington, KY, “AVOL Kentucky is offering a free clinic with pro-bono lawyers to assist in legal name changes. The clinic is meant to help members of the transgender and nonconforming communities in what is normally a complex, expensive, and taxing process. ”
In Texas, “Gov. Greg Abbott is poised to sign a bill that would ban trans athletes from playing in college sports on the team that aligns with their gender identity… .”
In Washington, D.C., “[l]eaders in Congress are forcefully condemning a sweeping new anti-gay law in Uganda, calling on the Biden administration to reconsider assistance to the East African nation….The law has provoked public backlash from officials, including from President Biden, who responded by threatening sanctions against those involved with carrying out related human rights abuses. He also said he instructed his National Security Council ‘to evaluate the implications of this law on all aspects of U.S. engagement with Uganda.’ ”
Reproductive Rights
In Colorado, “…First Liberty Institute and the law firm Cooper & Kirk, PLLC, filed a federal lawsuit on behalf of Wendy Faustin, a pro-life advocate and sidewalk counselor, in the United States District Court of Colorado, claiming that state and local restrictions on engaging in speech outside of abortion centers violates the First Amendment of the U.S. Constitution. ”
In Missouri, “Missourians of any age can obtain free emergency contraceptives, commonly known as ‘Plan B,’ through the Missouri Family Health Council’s ‘Free EC’ initiative. ”
In Oklahoma, “[t]he Oklahoma Supreme Court has declared two state laws restricting abortion to be unconstitutional, citing an earlier ruling in which the court declared abortion is a right granted by the Oklahoma Constitution despite the fact that the state constitution contains no language directly or implicitly addressing abortion. ”
In South Carolina, “[a] judge put South Carolina's new law banning most abortions around six weeks of pregnancy on hold Friday until the state Supreme Court can review the measure, giving providers a temporary reprieve in a region that has enacted strict limits on the procedure. ”
In Utah, “[s]tarting next year, Salt Lake City could begin reimbursing its employees who travel out of state for abortions and other forms of medical care. ”
In Washington, D.C., the National Academies of Sciences, Engineering and Medicine has its “first workshop to explore in-vitro gametogenesis, or IVG, which involves custom-making human eggs and sperm in the laboratory from any cell in a person's body. ”
Environmental Crisis
Immigration & Refugee Issues
In Canada, “Employment and Social Development Canada (ESDC), the federal ministry responsible for the labour market, revamped its list of median hourly wages used by employers when hiring foreign nationals under the Temporary Foreign Worker Program (TFWP). ”
In the United States, “[m]ore than a quarter of young immigrants protected by the Deferred Action for Childhood Arrivals program lack health insurance and face burdens preventing them from accessing care, according to new data first shared with NBC News. ”
In New York, “[u]ndocumented New Yorkers who serve in the military and their families could receive state support to become naturalized citizens if the Legislature adopts a proposed law before the end of session. ”
In New York City, NY, “[o]nly a small number of the more than 70,000 migrants who have come to New York City since last spring have formally applied for asylum, a top official in Mayor Eric Adams’ administration said Wednesday. Anne Williams-Isom, Adams’ deputy mayor for health and human services, did not provide an exact tally of asylum applicants, but suggested many who haven’t applied are likely reluctant to fill out the forms out of fear and confusion over the process. ”
In Suffolk, NY, “Suffolk lawmakers have approved a measure to retain an attorney to explore legal options regarding the possibility of asylum seekers and migrants being sent to the county, according to reports. ”
In Tennessee, “[a]s part of an 18-state coalition, Attorney General Jonathan Skrmetti is suing the Biden administration over its proposed new ‘Circumvention of Lawful Pathways’ rule. ”
Employment Rights
Non-Profit & Government Management & Hiring
Access to Justice – Civil & Economic
In Arizona and Utah, “[a] new legal service model that aims to keep more low-income families in their homes has received approval from the Arizona and Utah supreme courts — which have waived restrictions on the unauthorized practice of law. ”
In Idaho, “[s]ix of the eight top attorneys assigned to the Idaho Department of Health and Welfare have quit or been fired by Idaho Attorney General Raúl Labrador since March. ”
In Chicago, IL, “[a] program to help Chicagoans avoid evictions during the pandemic is in limbo after the city ended its contract with the nonprofit providing emergency rental assistance. ”
In Indiana, “[t]hanks to a partnership between the Foundation and the Indiana Housing and Community Development Authority, Legal Help Kiosks are aimed at providing Hoosiers free and low-cost legal services with access to legal databases, documents, and assistance. ”
In Louisiana, the “attorney general filed a sweeping lawsuit last week that advances a conservative argument to undo hard-won legal protections against systemic racism, seeking to reverse yet another crowning achievement of the 1960s civil rights movement. ”
In New York City, New York, “Bronx and Brooklyn tenants rallied outside of housing courts in their respective boroughs on Wednesday to call on Mayor Eric Adams to fully fund the right to counsel in the 2024 fiscal year budget. ”
In Norristown, PA, “[a]bout 20 homeless encampments in Norristown will be cleared in the coming weeks, with no plans to store people’s confiscated property, according to advocates for individuals living homeless in the borough. ”
In Rio Grande Valley, TX, “residents can access a free legal services kiosk at the Harlingen, Texas library[.] ”
In Vermont, “[a]…judge won’t block the eviction of about 800 homeless people from a pandemic-era motel housing program on Thursday despite pleas from advocates that the move was both confusing to those involved and inhumane. ”
Access to Justice – Criminal
Prosecutor & Public Defender Office Hiring Crises
Criminal Justice Reform and Counter-Reform
In Arizona, “[s]ome convictions for marijuana sales are eligible for expungement under Proposition 207, which legalized the drug for adult use, the Arizona Court of Appeals ruled Tuesday. ”
In Atlanta, GA, following up on our previous coverage, “[p]olice on Wednesday arrested three Atlanta organizers who have been aiding protesters against the city’s proposed police and fire training center, striking at the structure that supports the fight against what opponents derisively call ‘Cop City.’…Charged with money laundering and charity fraud are Marlon Scott Kautz, 39, of Atlanta; Savannah D. Patterson, 30, of Savannah; and Adele MacLean, 42, of Atlanta. ”
In Indiana, “[t]he ACLU is challenging a new bail law that they claim creates unlawful restrictions on nonprofit organizations who assist criminal defendants with paying cash bail. ”
In Baltimore, MD, “Baltimore’s top prosecutor announced Thursday a new program that allows police to issue citations for minor crimes such as loitering, drug possession and public urination — a significant shift from the more progressive policies of his predecessor, who declined to prosecute such cases. ”
In Minnesota, “[f]rom studying psychedelics to legalizing drug paraphernalia and residue, Minnesota's new drug policies reach far beyond marijuana. The state is enacting changes this year aimed at reducing overdoses and infections, including legalization measures that advocates called nation-leading. ”
In New York City, NY, “[t]he city Department of Correction has abruptly stopped notifying the media when an incarcerated person dies and will no longer do so in the future. ”
In Seattle, WA, “…City Attorney Ann Davison announced last week that she would end the city’s participation in the criminal justice alternative called Community Court due to questions about its cost and effectiveness. Instead, the office said they will use pre-filing diversion services[.] ”
Public Safety
In California, “[t]he state Senate has approved legislation by Sen. Catherine Blakespear of Encinitas that would require all semiautomatic pistols sold in California to use microstamping technology beginning in July 2027. ”
In Los Angeles, CA, “…City Attorney Hydee Feldstein Soto announced a $5 million settlement Tuesday in a lawsuit against Nevada-based Polymer80, permanently prohibiting the company from selling its ‘ghost gun’ kits in the state without first conducting background checks of buyers and serializing its products. ”
In Georgia, “[t]he [state] Supreme Court issued an opinion Wednesday affirming the dismissal of a lawsuit brought by five university professors against the state's campus carry law. ”
In Portland, OR, “[e]ight months after giving the go-ahead for a gunshot detection pilot project, Portland Mayor Ted Wheeler announced Thursday that the city won’t pursue installing the technology. ”
In Fort Worth, TX, “With 345 gun violence-related calls already counted in 2023, the city of Fort Worth and Fort Worth’s police department are considering adding gunshot detection technology in conjunction with smart streetlights and already existing Flock cameras to help lower crime rates in areas scheduled for revitalization….There are concerns about the technology’s potential mass surveillance capabilities and placing them in communities where trust in law enforcement is already low. ”
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