LexPress: Animal House Tamed — Oy!
By Jesse Sunenblick and Leah Nelson
jsunenblick@judicialstudies.com
lnelson@judicialstudies.com
Posted: 09-14-07
The Second Circuit denies a Jewish males group's bid to become a college fraternity. In other news, two reporters are spared having to testify in the murder trial of Nixmarry Brown.
THERE WILL BE NO KEG STANDS FOR YOU
In a decision that belies the traditional notion of college fraternities as depicted in movies like Animal House, The New York Times reports that the U.S. Court of Appeals for the Second Circuit reversed Eastern District Judge Dora L. Irizarry and ordered that a college could deny official recognition to a Jewish fraternity because all of its members were male. The Chi Iota Colony — whose members defined themselves as devoted to “community service and the expression of Jewish culture” — had applied to The College of Staten Island to become a chartered and officially recognized student group. But the Second Circuit found fraternities in general to be a “relatively weak” form of social association, and thus subject to the college’s antidiscrimination policies. -J.S.
REPORTERS TESTIMONY NIXED
Brooklyn Supreme Court Justice Priscilla Hall has ruled that two reporters who interviewed Cesar Rodriguez, the father of six-year-old Nixmarry Brown, after she was found beaten to death, won’t have to testify during his upcoming murder trial. The Brooklyn Eagle reports on this and other developments in the case, which is scheduled to go to trial next month. Prosecutors had alleged that testimony from the New York Times’ Corey Kilgannon and the Daily News’ Douglas Montero could corroborate statements Rodriguez made to the police shortly after his arrest. -J.S.
WHITE FIREFIGHTERS CAN SUE
From The Buffalo News, a story about Supreme Court Justice John A. Michalek’s ruling that allows 13 white Buffalo firemen to sue the city for financial damages over the cancellation or delay of promotions “as a result of a race-based or race-conscious decision” due of concern by the city over a lawsuit filed several years ago in U.S. District Court by black firefighters. Andrew P. Fleming, chief attorney for the white firefighters, called the decision “a win for men who put their lives on the line every day.” -J.S.
ATTORNEY FEES AXED
The New York Law Journal reports that Northern District Judge David N. Hurd dropped the hammer on a lawyer trying to collect legal fees that amounted to two-thirds the amount of a settlement the client reached with a municipality over an aborted drug-dealing case. Noting that anything above one-third of the settlement would be “excessive and unreasonable,” Hurd reduced Kevin A. Luibrand’s payout to $29,000. But Luibrand immediately appealed, noting that he a “written and signed” retainer with his client beginning in 2002, when his client began to fight allegations he was involved in a huge Montgomery County cocaine ring. -J.S.
THREE STRIKES AND YOU’RE IN
Vito Lopez and Brooklyn’s Democratic political machine are at it again, supporting civil court candidate (and one-time City Council member) Noach Dear over Karen Yellen despite the facts that (1) The New York City Bar Association deemed him unfit for the bench; (2) He has been fined by the Attorney General for misappropriating funds for funds from a nonprofit; (3) He is under investigation for alleged past campaign finance fraud. In an interview with City Hall Magazine, Brooklyn political observer Rock Hackshaw propounds one theory as to why: Democrats want him out of future races, so they’re supporting him in this one. More specifically, Dear threatens to be a spoiler in the 2008 State Senate primaries by running against City Council Member Kendall Stewart, who has made it clear that he intends to give the incumbent, Sen. Kevin Parker, a run for his money. Both Kendall and Parker are “strong African-American candidates,” and the split between their backers runs deep - so if Dear runs against them both, he could win the plurality. “If he has a judgeship, he won’t be running,” Hackshaw told City Hall. “Once Noach is out of the way, the fear that the seat might end up outside of black hands would be eliminated.” Lopez’s "scheme" (if such) has not been taken kindly by the party’s more progressive branches, who object to Dear’s failed attempts to defeat New York City’s gay rights law in 1986. “It’s outrageous. He’s not qualified to be a judge,” said Matthew Carlin, president of the Stonewall Democrats of New York City. “He might be the most homophobic, closed-minded politician in New York City -L.N.
JUDGE UPHOLDS $1.5 MILLION SEXUAL ORIENTATION DISCRIMINATON VERDICT AGAINST NYPD
Manhattan Supreme Court Justice Martin Shulman upheld a 2006 combined verdict awarding nearly $1.5 million from the New York City Police Department to three victims of discrimination. Chelsea Now reports on the sexual-orientation discrimination case, in which high-ranking Inspector James Hall denied Sgt. Robert Sorrenti an assignment to the Office of Community Affairs’ Youth Services Section because he believed the officer was gay; Hall also allegedly retaliated against two other offices who supported Sorrenti by giving them dead-end assignments. In upholding the verdict, Shulman rejected the city’s claim that the damages were excessive and ruled against its argument that a recent amendment to broaden the interpretation of city Human Rights Law should not be applied retroactively in this case. The city has announced its intention to appeal the decision. -L.N.

