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 flees Violation's Consequence Successful Legal Fight Eliminated Lawmen's Homophobic Rule Federal Appeals Court asked to Affirm Attorney's Fees Award |
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Compiled By GayToday
On Wednesday, in San Juan, the United States Court of Appeals for the First Circuit heard arguments in Ramos v. Commonwealth of Puerto Rico. Lambda Cooperating Attorney Suzanne B. Goldberg argued the appeal for all the plaintiffs and afterwards was available for comment outside the court. Lambda Legal Director Ruth E. Harlow said: "The Puerto Rico Police Department fought hard to keep an unconstitutional rule that interfered with our clients' first amendment rights. Now, the Commonwealth must pay the bill for the police department's longstanding civil rights violation." The rule foiled efforts by the Gay Officers Action League, also known as GOAL and based in New York, to affiliate with and advocate on behalf of lesbian and gay law enforcement personnel in Puerto Rico. GOAL and three activists brought the winning suit.
Those victories have not been challenged, and the reforms of the department are final, but the Commonwealth appealed the court's awarding attorneys fees to Lambda and its co-counsel. "Under the guise of challenging the fee award, the Commonwealth is trying to re-litigate the merits. They argue the PRPD never did anything wrong and no remedy was necessary here. But the district court correctly found that several strong orders to change the department's policy were mandated by the Constitution. And the court ordered the classic civil rights remedy of attorneys fees, to partially compensate plaintiffs for all they had to go through to get this harmful rule lifted for everyone," Harlow said. Goldberg, a former Lambda senior attorney, has assisted with the case along with co-counsel Colleen Meenan, a solo practitioner in New York. Lambda represents GOAL, Carroll Hunter, and Thomas Jeans. Judith Berkan, a civil rights attorney in Puerto Rico, represents Dr. Rosalina Ramos-Padro, a lesbian activist who is also a plaintiff in the case. (Ramos v. Commonwealth of Puerto Rico, No. 95-1770) |
San Juan, Puerto Rico--A federal appeals court has been urged by the Lambda
Legal Defense and Education Fund to uphold an order that the Commonwealth of
Puerto Rico pay plaintiffs' attorneys' fees after a long, successful fight
to strike down a Police Department rule that forbade officers from
associating in any context with any gay person.
