March, 1989 GAY PEOPLE'S CHRONICLE

Centinela Hospital discrimination

suit settled

Lambda Legal Defense and Education Fund and the ACLU of Southern California obtained a settlement in their suit against Centinela Hospital Medical Center on behalf of a patient who was excluded from the hospital's chemical dependency recovery program when the patient tested positive for HIV antibodies.

In reaching a settlement, the hospital has agreed to rescind its policy that required the testing of all patients in its residential chemical dependency recovery program and the exclusion of all those who tested HIV-positive. The hospital has agreed that it will no longer treat HIV-positive patients differently than other patients based solely on their HIV status.

Mickey J. Wheatley, Lambda staff attorney, said "this settlement adds weight to our argument that health care institutions have no basis for discriminating against patients who are HIV seropositive."

"Because access to chemical dependency recovery programs is crucial to HIV seropositives for their health as well as their ability to refrain from engaging in high-risk activities, this settlement represents the elimination of barriers for those HIV seropositives in need of these recovery program," added Paul Hoffman, Legal Director of the ACLU Foundation of Southern California.

The settlement culminates a two-year legal battle. In early 1987, the HIV seropositive patient, identified only as John Doe, admitted himself into Centinela Hospital's Lifestarts program to treat his alcohol addiction. Upon admittance, he was required to undergo an HIV antibody test. When his test results came back positive, the patient was discharged from the hospital's residential facility pursuant to the hospital's blanket policy of discharging from their in-

Youth group

Continued from Page 1

responsibility to help create awareness of the special needs of gay youth among chool counselors. Future recreational ctivities may include dances, movies, amping, swimming, tobogganing, white vater rafting, ice skating, amusement

arks and more. The group has already one roller skating and played football.

Twenty-year-old facilitator Bob Boone has been involved in planning the roup since April of last year. Although ome of the initial planners lacked folOw-through, Bob's motivation escalated fter he attended the 10th National Lesian and Gay Health Conference in Bos-

on.

It was at this conference that Bob ook part in the Boston Alliance of Gay nd Lesbian Youth. At eight years old, BAGLY is the oldest peer-run gay youth roup in the country. The group usually as a set topic for discussion, and ocasionally hear speakers. BAGLY is exremely well-organized, and the eight

patient program all patients who test HIV seropositive.

Doe brought suit against the hospital in the Federal District Court in Lost Angeles under the Federal Rehabilitation Act, alleging that his exclusion from the hospital violated that law, which prohibits discrimination against the "handicapped" and "perceived handicapped" by recipients of federal funds. Last summer, in a precedentsetting opinion, Federal District Judge Pamela Ann Rymer ruled in this case the patient was covered by the Federal Rehabilitation Act because the hospital's treatment was based on fear of contagion. The ruling marked the first time that a federal court definitively ruled that persons who test HIV seropositive but who are otherwise symptom-free are covered by federal law against discrimination by schools, hospitals, government contractors, state and local governments, and any other recipient of federal funds.

Letters

Continued from Page 2

threatens our brothers. We speak of this as a time to embrace our family. Yet, on Friday and Saturday night we can't go into the same bar and sit side by side, or dance on the same dance floor... How come in this family the sisters aren't suppose to have a nice place to play?

Michelle A. Meyers Strokes for Stokes

To the editor: Following is a copy of a letter I have sent to Rep. Louis Stokes. I encourage all readers who live in his district to write to

him, and let him know we appreciate his support.

Dear Mr. Stokes:

I have read in the lesbian-gay press that you have signed on as an initial cosponsor of H.R. 655, the Civil Rights Amendments Act of 1989, which would extend civil-rights protections to lesbians and gay men. I also understand that you are the only Ohio representative to do so.

I wish to express my appreciation for your support of our community, both with this bill, and by co-sponsoring similar legislation in past sessions of Congress.

Brian Dewitt

Plaintiff John Doe stated, "My hope 'Lesbian-gay' in Yellow Pages

is that this case has helped to educate other health-care institutions about the need to counsel and treat HIV seropositives."

The issue that had remained in the case was whether an HIV seropositive patient is “otherwise qualified" under the Federal Rehabilitation Act to participate in the program. The standard for this determination is based on the reasonable medial opinion of public health officials. Los Angeles County public health officials and experts in HIV have stated for the court there is no basis to exclude HIV seropositives from participation in these in-patient treatment programs, nor from participation in all other areas of public life, because HIV is not casually transmitted. Rather, these experts stated, everyone should be educated to act responsibly to prevent further HIV transmission by avoiding high-risk activities. ▼

elected officers help to plan activities, which include an annual prom. Bob was impressed by the group of thirty, which members of BAGLY claimed was an unusually small turnout. Bob stated, "For me it was quite an inspiration. When I came back I started taking more initiative."

Bob has been pleased with PRYSM's attendance so far. His hopes for the future include expansion, as more young people become aware of the group. And, although most members of the group are strongly gay-identified, Bob hopes to see the group function as a coming out group for those who may still be uncertain about their sexuality. The group's structure will remain informal for the time being, but Bob looks forward to establishing an adult advisory committee to ensure long-term survival of PRYSM.

All young people under the age of 22 are welcome. PRYSM looks forward to growth and encourages all interested persons to attend. For more information, call the Lesbian-Gay Community Service Center at 522-1999. ▼

A Metaphysics Study & Ritual Group

Rehelatheh

A Circle Of Strength Affirming Our Truth As Lesbians & Gay Men

We Meet The Last Tuesday Of The Month For Potluck & Meeting

Martha 321-1129, Mark 397-0583

The New York City Human Rights Commission had made a preliminary determination which states that NYNEX, the Yellow Pages publisher for New York and New England, violated city law by refusing to create a Yellow Pages heading for lesbian and gay groups.

In May 1988, Lambda Legal Defense Fund filed a sexual-orientation discrimination complaint against NYNEX on behalf of three New York-based gay groups, alleging that NYNEX's persistent refusal to include a gay and lesbian heading in the Yellow Pages violated New York City law. The complaining groups are Gay & Lesbian Alliance Against Defamation, the Lesbian and Gay Community Services Center, and Heritage of Pride.

The Commission's finding and notice of intention to proceed to a public hearing, dated January 13th, was issued just days before NYNEX announced its agreement to restructure its New York and New England directories to allow for a sub-heading for lesbian and gay organizations. The sub-headings would come under a general "Social and Human Services" heading and would include other sub-heading for women's disability and children's groups, among others.

"The Commission's preliminary decision to proceed with the case is a significant legal victory which could have ramifications for the visibility of lesbian and gay groups around the country, "stated Lambda's legal director Paula L. Ettelbrick, the attorney who represented the groups. "Since the Yellow Pages directory is the major source of information in any community, this sets a significant precedent for groups everywhere to demand that our organizations be distinguished under a separate heading in the same manner that other groups and businesses are accommodated."

The request for gay-specific heading was originally made by Heritage of Pride, the organizers of New York City's annual gay pride march and rally. GLADD, the Lesbian and Gay Community Services Center and Lambda Legal Defense also wrote to NYNEX requesting a separate heading for lesbian and gay groups. The groups claimed in part that logic, convenience and the invisibility of the lesbian and gay community mandated a separate heading. When all requests were denied, the groups filed a complaint with the City Human Rights Commission claiming that the denials were based on sexual orientation.

Concurrent with the discrimination complaint, GLADD took the lead in organizing additional strategies to put pressure on NYNEX to honor the requests. Among other things, GLADD collected nearly 4,000. petition signatures, assisted in submitting a shareholder proposal to NYNEX, and worked with Assemblyman Jerry Nadler to collect the signatures of eighteen city and state elected officials on a letter calling on NYNEX to establish a heading for lesbian and gay groups. In addition, GLADD solicited the state's Consumer Protection Bureau for assistance in working out and agreement.

"We are thrilled that the dual strategy of legal and political action got NYNEX to adopt a policy which will allow greater access to lesbian and gay services and organizations," stated Karin Schwartz, GLADD's Assistant Director.

Ettle brick noted that in light of NYNEX's agreement to adopt a new policy, which Lambda and NYNEX lawyers plan to submit to the Commission in the form of a settlement agreement this week, it is not likely that the Commission will proceed with the discrimination complaint. “Both a legal vic: tory in the Human Rights Commission and a satisfactory settlement agreement have been won. We hope this will encourage others to proceed with similar strategies," Ettle brick added. ▼

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