I just wanted to share with you a decision we received in the below case, which hopefully will have a positive effect on both the LGBT community and homeless rights. The case is published and the decision can be read here http://drmtlaw.com/about/decisions/people-v-bounville/ .
I hope you will forward.
Yetta
PRESS ADVISORY
FOR IMMEDIATE RELEASE
CONTACT: | Robert M. Quackenbush, Esq. |
Law Office of Rankin & Taylor | |
(212) 226-4507 | |
Yetta G. Kurland, Esq. | |
Kurland, Bonica & Associates, P.C. | |
(212) 253-6911 |
Court Dismisses Charges Against LGBT Civil Rights Protestor, Could Impact Homeless Rights
New York, NY. May 9, 2011. In a decision that could impact thousands of homeless New Yorkers, Judge Felicia A. Mennin dismissed a charge of obstructing the sidewalk against an LGBT activist exercising his First Amendment right.
Alan Bounville, a student at New York University, had been charged under Section AC 16-122(b) of the New York City Administrative Code while he was protesting outside an elected official’s office to advance LGBT rights. This section of the Code is often used to arrest homeless New Yorkers despite the fact that, as in this case, the charges are often facially deficient and the Code not appropriately applied. The Court’s decision in this matter could prevent future abuses of the section.
On October 15, 2010, Mr. Bounville was arrested and charged with obstructing the sidewalk under a section of the New York City Administrative Code, AC 16-122(b). This law is meant to prevent the storage of vehicles and other immovable personal property and garbage on public sidewalks. Bounville had been sleeping in sleeping bags placed atop cardboard boxes in the Chelsea neighborhood as part of a demonstration advocating for LGBT rights.
Since the 1990s, this law has increasingly been used to jail homeless New Yorkers. In this case, the defendant faced up to one year in jail.
New York Civil Rights Attorneys Robert Quackenbush of Rankin & Taylor and Yetta G. Kurland of Kurland, Bonica & Associates defended the case pro bono.
Mr. Quackenbush explained his reasons for taking the case. “There is no reason Mr. Bounville or any homeless person should be charged under a law aimed at keeping trash off the sidewalk. People sleeping on sidewalks are not breaking the law, are not trash, and should not be treated like it.”
Ms Kurland focused on the implications for New York’s homeless community. “Most homeless New Yorkers do not have access to adequate defense counsel. I hope this precedent will help our neighbors fight arrest and harassment as we move towards a more tolerant homeless policy in New York City.”
Judge Mennin’s written Decision and Order in The People of the State of New York vs. Alan Bounville (Docket No. 2010NY076396) was issued on March 31, 2011. It is available at http://drmtlaw.com/about/decisions/people-v-bounville/