Jay Root, The Associated Press

AUSTIN — Texas health authorities will destroy more than 5 million blood samples taken from babies without parental consent and stored indefinitely for scientific research.

The Texas Department of State Health Services announced Tuesday it would destroy the samples after settling a federal lawsuit filed by the Texas Civil Rights Project. The project, acting on behalf of five plaintiffs, had sued the Texas Department of State Health Services and the Texas A&M University System.

The lawsuit alleged that the state’s failure to ask parents for permission to store and possibly use the blood — originally collected to screen for birth defects — violated constitutional protections against unlawful search and seizure. The plaintiffs cited fears their children’s private health data could be misused.

Under the settlement overseen by a San Antonio federal court, the blood samples collected without parental consent must be destroyed by early next year. It also requires the department to publish a list of all research projects that used the blood specimens.

State health services spokeswoman Allison Lowery said an estimated 5.3 million samples would be destroyed. About 4 million to 4.5 million are stored at the Texas A&M School of Rural Public Health, she said.

Andrea Beleno, 33, was one of the parents who sued the state. She said she was stunned to learn that blood samples taken from her son, born in Austin in November 2008, were being stored indefinitely for unspecified research projects.

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“You have to give permission for them to give your kid formula in the hospital,” Beleno said. “I don’t understand why you don’t have to give permission for the state to keep your kid’s DNA.”

Texas has been collecting blood samples for decades to screen for at least 27 different birth defects and other disorders. By law the blood could be taken without consent by hospitals, birthing centers and midwives.

The Department of State Health Services established a policy in 2002 in which it began setting aside the blood “spots” after the screenings are done and allowing some of it to be used for research. Before that, the blood was discarded after a certain interval.

This year the Texas Legislature tightened up the procedures, providing opt-out policies for parents, extending privacy guarantees and implementing controls over any scientific research that uses the samples. At issue in the lawsuit settlement are the millions of samples collected and stored before the law took effect in May.

“As a result of this settlement, DSHS will destroy all bloodspot cards received by the department before May 27, 2009,” the health services agency said in a written statement. “We will continue to be very sensitive to the privacy concerns of parents and the confidentiality of all medical information.”

Under current law, the department can still use the blood samples for quality control and disease research as long as parents don’t object. The department screens about 800,000 newborn blood specimens each year.

State agrees to destroy more than 5 million stored blood samples from newborns

By Mary Ann Roser, AMERICAN-STATESMAN STAFF

To settle a lawsuit, the state has agreed to destroy more than 5 million blood samples from newborns that it had stored indefinitely for possible research without parents’ consent, the two sides said Tuesday.

The Texas Civil Rights Project filed the lawsuit in U.S. District Court in San Antonio in March on behalf of four parents and a pregnant woman who dropped out later. It claimed that the state’s collection and storage of the samples amounted to “an unlawful search and seizure” and violated the privacy rights of the parents and their children. Under the settlement, the state will destroy 5.3 million samples it has collected between 2002, when the Department of State Health Services began storing the blood, and May 27, when a new state law restricting the practice was signed.

Federal Judge Fred Biery approved the settlement agreement Dec. 14 and gave the state 120 days — until April 13 — to finish destroying the samples, which are stored at Texas A&M University’s School of Rural Public Health.

This year, when stories in the American-Statesman brought the practice to light, the state health department and some medical researchers defended it, saying that collecting the blood spots on paper — done when newborns are screened for various health disorders — might one day provide valuable clues about childhood cancer and other diseases. They said that because the samples were coded and did not identify the babies by name, privacy rights were protected.

But the Texas Legislature approved a law in May requiring medical professionals to inform parents or guardians that the blood spots would be collected and stored indefinitely and could be used for research. Parents who objected could send a statement to the state health department, and their child’s samples would have to be destroyed within 60 days. If the parents didn’t do that, the child could upon reaching adulthood.

Between the time the law passed and Nov. 2, about 6,900 Texans have signed forms asking that the state destroy their child’s samples, out of 240,000 children born in that period, department spokeswoman Allison Lowery said. The department is getting 500 to 600 requests a week to destroy samples, she said.

A statement from the state health department said it “believes settling this lawsuit is in the best interest of this program’s core mission to screen all newborn babies in Texas for life-threatening disorders. Newborn screening saves children’s lives, and settling this lawsuit allows us to continue operating this critical program.”

Jim Harrington , director of the nonprofit civil rights group in Austin, said his organization was “very pleased with the way it worked out.”

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Harrington said there were only two options to end the lawsuit: destroy the samples or try and go back to 2002 and get consent from all parents. About 400,000 babies a year are born in Texas.

Among the parents who sued was Austin lawyer Andrea Beleno, Harrington’s daughter-in-law. Her son Joaquin Harrington was born in November 2008, and Beleno said she had no idea “in the haze after giving birth” that any blood had been drawn and stored.

“To me, this whole thing was about consent,” she said. “If they had asked me … I probably would have consented. The fact that it was a secret program really made me so suspicious of the true motives, there’s no way I would consent now.”

Harrington said he will work with a legislative committee before the next regular session in 2011 to refine the new law.

He wants the state to divulge what research it is using the samples for and whether anyone is making money from it. He also wants to see how well the “opt out” provision is working.

Many other states do what Texas had been doing, and a consumer group in Minnesota has been fighting the practice there for several years.

“The State of Texas has taken first steps to restoring the genetic privacy rights of Texas children. This is a wonderful Christmas present for Texas citizens,” Twila Brase, president of the Citizens’ Council on Health Care in St. Paul/Minneapolis, said in a statement.

State to destroy 4 million newborn blood samples

By PEGGY FIKAC, Austin Bureau

AUSTIN — The state will destroy an estimated 5.3 million blood samples legally collected from newborns but kept without parental consent under a federal lawsuit settlement announced Tuesday.

The number of newborns involved is unclear because multiple samples are received from each by the Texas Department of State Health Services, department spokeswoman Allison Lowery said.

Typically, two samples are taken from each child, but there could be more, she said. The disputed samples cover a period of about seven years starting in 2002. The state conducts newborn screening to detect disorders or illnesses.

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“This is about consent,” said lawyer Jim Harrington of the Texas Civil Rights Project. The group, after discovering the agency had been keeping the samples without permission, sued on behalf of parents in federal district court in San Antonio.

The Health Department said in a statement it would destroy the samples — retained as blood spot cards — that it received and stored before legislation took effect last May allowing their retention. The legislation allows parents, guardians or managing conservators to opt out of having the blood retained.

Lowery said the agency is seeking permission from fewer than 400 parents to preserve their babies’ samples because the children tested positive for rare disorders.

Collected before lawsuit

She said samples have been securely stored at the Texas A&M Health Science Center School of Rural Public Health.

That institution said in a statement that all the blood spots at the center were collected before the lawsuit and are subject to a joint resolution between the center and the agency to destroy them.

Andrea Beleno, an Austin mother who was one of the plaintiffs in the lawsuit, said she was pleased with the settlement.

“There’s no financial gain for any of the plaintiffs,” Beleno said. “Basically, what we wanted to do was to make sure that our children’s privacy was being protected and that the state is respecting our rights, because if we don’t stand up and make the government do that, nobody’s going to do it for us.”

Parents from San Antonio and Houston also were part of the lawsuit, which was filed against Commissioner David Lakey of the Department of State Health Services and Dr. Nancy Dickey, president of the Texas A&M Health Science Center and vice chancellor for health affairs of the Texas A&M System.

“The Texas A&M Health Science Center is glad that we have reached agreement in order to settle the lawsuit,” Dickey’s office said in a statement. “We are saddened, however, that a superb database has been lost. This database could have continued to shed light on causes of congenital birth defects and potentially led to preventive measures saving thousands of infants and their families the distress these defects cause.”

The parents’ lawsuit said there was no legal authority to keep the blood indefinitely without consent.

Harrington said his group became aware the blood samples were being stored after being called by a reporter from the Austin American-Statesman. Beleno said she first read about it in the newspaper.

Detailed conditions

Under the settlement, Harrington said, all blood specimens must be destroyed unless the state gets written permission to retain and use them. The destruction must occur within 120 days of the lawsuit being dismissed with the settlement, which occurred Dec. 14.

The agency also must post information on its newborn screening Web site, including a list of all research projects for which it has provided newborn-screening blood specimens.

In addition, the agency must inform the parents who sued how their children’s blood was used and any financial transactions involving the specimens, Harrington said.

Pledges compliance

The Texas Department of Health said in its statement that it is complying with the new law and “will continue to be very sensitive to the privacy concerns of parents and the confidentiality of all medical information.”

“If parents don’t object, the department saves the samples for uses allowed under the new legislation — primarily quality assurance and control purposes to ensure accuracy in lab testing and because the samples could provide an invaluable resource in researching new or more effective ways to prevent, diagnose and treat serious medical conditions that affect Texas children, including leukemia and birth defects,” the agency said in its statement.

By: Karina Kling

Stand up and be counted — right along with Mary and Joseph.

There’s a push to promote participation in the 2010 census using the gospel, and it’s causing some controversy among religious organizations.

But some say the message could make all the difference in future representation.

As Christians across the country gather for Christmas Eve services next week, many will hear the story about the birth of Jesus.

They might also find part of that message on a poster, with baby Jesus as the poster child.

It was created by the National Association of Latino Elected Officials, not the Census Bureau.

The group is sending out more than 7,000 posters to churches to inform Hispanics about the census and encourage them to participate regardless of their status.

“It can have an effect to say, ‘Well the holy family participated in a census,’ much like the holy family, other families, your family should participate in this. Stand up and be counted like they did,” Christian Gonzalez with the Diocese of Austin said.

Gonzalez said they haven’t received any of the posters yet and would allow individual pastors to decide to distribute them, but he doesn’t see a problem with its message.

“Church is a safe place for everyone to come, and since it is a safe environment, we want people to know we’re giving them something safe to do and that is participating in the census,” he said.

“Hopefully it goes a long ways toward minimizing that fear that’s always stirred up by people that are unhappy with the Hispanic community being as large as it is in Texas and the U.S.,” Jim Harrington, Director of the Texas Civil Rights Project, said.

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Harrington said if this helps lessen the fear for people to participate, that’s a good promotion.

The Census is used to help allocate more than $400 billion a year in federal dollars, redraw state and local political districts and determine the number of seats each state gets in Congress.

“It’s in the interest of the Hispanic community to be counted because it means they’ll have more direct representation in Congress,” Harrington said.

But one Latino evangelical group calls the campaign anti-Christian and is calling Latinos to boycott the census.

National Coalition of Latino Clergy and Christian Leaders Chairman Reverend Miguel Rivera said, “It’s blasphemous because it uses the name of Jesus for the purpose of the census and not worship. We can guarantee more than three million members won’t participate in the census in order to put fear into Congress of losing millions of voters if immigration reform doesn’t happen.”

So an attempt to spread the gospel about the 2010 census could instead push plenty of people away.

Faith leaders and community organizations are holding a day of action on December 22nd to raise awareness about the importance of participation.

Census forms will start being mailed out in March.

• On the TCRP Website
• Download in PDF Format

How to Request Medical Care in TDCJ

• On the TCRP Website
• Download in PDF Format

Download in PDF Format

In most cases, prisoners must file a grievance about a problem in prison before they can file a lawsuit. The Prison Litigation Reform Act (PLRA) requires prisoners to “exhaust administrative remedies” before they can take a problem to federal court. Though grievances may not work, an inmate must at least try to fix a problem through the grievance process.

In most prisons and jails, “exhausting administrative remedies” requires filing a grievance and an appeal. If an appeal is not also filed, a prisoner has not “exhausted” their remedies and cannot go to federal court.

Texas Department of Criminal Justice

For inmates in the Texas Department of Criminal Justice, complete a Step 1 and Step 2 grievance. Be careful to follow TDCJ’s grievance rules.

Before you file:

Talk with prison staff about the problem. This is considered “informal resolution.”

How to file:

1. Get a grievance form from TDCJ. Forms should be available in the law library and your housing unit.

2. Follow these guidelines when you write your grievance:

• Only write about the issue you want help with. Each grievance can only discuss one problem. If you have more than one problem, write a different grievance for each problem. Remember you are limited to writing one grievance per week.
• When you write the grievance, explain who you talked to and what they did (if anything) about your problem in the “informal resolution” part.
• Be sure to file your grievance within 15 days of learning about the problem, or as soon as possible.
• Make sure you include how you would like to have the problem solved. For example, if you are sick and need to see a doctor, write “I want to see a doctor.”
• Do not use indecent, vulgar, or threatening language. TDCJ has the right to refuse to process a grievance with bad language.

3. TDCJ has 40 days to respond to your Step 1 grievance. You can file a Step 2 grievance as soon as you receive a response to your Step 1 grievance. If 40 days have passed and you have still not received a response and you have not been notified that there will be a delay, you can proceed to file the Step 2 grievance.

You must file a Step 2 grievance within 15 days of receiving the response to your Step 1 grievance. TDCJ has 35 more days to process a Step 2 grievance.

4. Always keep copies of your returned grievances. You may need them later on and it can be difficult to obtain copies.

Family of TDCJ inmates can also contact TDCJ’s Ombudsman at www.tdcj.state.tx.us/adminrvw/adminrvw-ombud.htm. Speaking with the Ombudsman does not exhaust administrative remedies under the PLRA. If you wish to take legal action, you must also make sure Step 1 and Step 2 grievances have properly been filed in most cases. Contacting the Ombudsman is a way to solve problems without having to resort to the courts.

County Jails

Policies are different in every county jail. Please check your inmate handbook for information about how to file a grievance. If you were not given an inmate handbook, ask jail staff how to file a grievance.
If jail staff will not explain how to file a grievance to you, you may not be required to file a grievance before taking your case to court. Make notes about who you asked for help filing a grievance and what they told you.

All county jails are inspected every year by the Texas Commission on Jail Standards. To report a problem to the Commission, you can complete an online form here: www.tcjs.state.tx.us/complaint.php. Contacting the Commission does not exhaust administrative remedies under the PLRA. If you wish to take legal action, you must also make sure to follow the jail’s grievance policies in most cases.

Texas Youth Commission

For inmates in the Texas Youth Commission there are several options to file a grievance, which are different for children and parents:

For children in TYC custody, grievance forms are available from the grievance clerk on each dorm. Request a form, complete it, and place it in the drop box on the dorm. TYC has 15 days to respond to the grievance

For parents, guardians and other youth advocates, grievances can be submitted to TYC’s Incident Reporting Center: http://www.tyc.state.tx.us/news/tyc_hotline.html

In an emergency, children, parents and advocates can call 1-866-477-8354, toll-free. Children can make this call from the phones in their dorms for free.

If TYC does not satisfactorily respond to the grievance within 15 business days, you must appeal. Ask the facility who appeals should be given to. Children, parents, and advocates may file appeals in the same way. If the appeal does not resolve the problem within 15 business days, another appeal must be filed with TYC’s executive director at TYC’s central office.

For children on parole, the process is the same. Children on parole can get a grievance form from the district parole office where they report.

For more information about TYC’s grievance process, see TYC’s website: austin.tyc.state.tx.us/Cfinternet/gap/93/gap9331.htm

Children, family and youth advocates can also contact the Office of the Independent Ombudsman: www.tyc.state.tx.us/ombudsman/index.html, an independent watchdog agency supervising TYC. Speaking with the Ombudsman does not exhaust administrative remedies under the PLRA. If you wish to take legal action, you must also make sure to follow the grievance procedures in most cases.

There are also many exceptions to the PLRA. If you qualify for one of these exceptions, you may not need to file grievances before going to court:

• If you file your lawsuit in state court, the PLRA does not apply to TYC and county jail prisoners.
• The PLRA only applies to people in prison, so it may be possible to wait until you are released to file your case. (Remember, though, in most cases you must file within 2 years of when the problem occurred—do not wait to get out if it will take more than 2 years.)
• If you want to file a lawsuit because someone you are related to died in prison, you do not need to file grievances.
  If there is any doubt about whether you qualify for an exception, you should file grievances. Try to talk to a lawyer before relying on an exception.

Disclaimer: This information is for general information purposes only, and is not a substitute for the advice of an attorney. It is not legal advice. Legal advice involves the application of legal knowledge and skill by a licensed attorney to your specific circumstances. If at all possible, always talk to a lawyer before filing a lawsuit. To find a lawyer near you, call 1-800-252-9690.

Download in PDF Format

1. Place a sick call–complete a sick call form, clearly describing what your medical problem is. You do not need to use legal jargon like “deliberate indifference”–just tell the medical staff what your problem is and why you want to be seen. Sick call forms are available on your housing unit.

TDCJ policy requires all sick calls be answered within 48 hours. If you have not received an answer within 48 hours, proceed to the next step. See Correctional Managed Care Policy 38.1.

2. Make an I-60 request–If you are not seen after placing a sick call, complete an I-60 requesting medical care. An I-60 is a request to prison officials, and the form is available on your housing unit. Clearly describe the problem, and state you have already completed a sick call. Tell the person who will read the I-60 that you want to be seen by medical staff. Again, there is no need to use legal jargon.

3. File Step 1 and Step 2 Grievances–If you are not seen after placing the sick call and making the I-60 request, file a grievance. Make sure to file the rules regarding filing grievances carefully. Consult your Offender Handbook for instructions on filing a grievance. Grievance forms are available on your housing unit and at the law library. Again, there is no need to use legal jargon.
When filing the grievance:

• Only write about the issue you want help with. Each grievance can only address one problem. If you have more than one problem, write a different grievance for each problem. Remember you can only file one grievance per week, so you have to prioritize.
• When you write the grievance, explain who you talked to and what they did (if anything) about your problem. Write that you filled out a sick call request and made an I-60 request.
• Be sure to file your grievance within 15 days of learning about the problem, or as soon as possible.
• Make sure you include how you would like to have the problem solved. For example, if you are sick and need to see a doctor, write “I want to see a doctor.”
• Do not use indecent, vulgar, or threatening language. TDCJ has the right to refuse to process a grievance with bad language.

If your Step 1 grievance is denied, then file a Step 2 grievance. If TDCJ does not respond to your grievance after 40 days without telling you a response is coming, you can file a Step 2. The Step 2 grievance will be reviewed by TDCJ Health Services staff.

You must file a Step 2 grievance within 15 days of receiving the response to your Step 1 grievance. TDCJ has 35 more days to answer a Step 2 grievance.

4. Contact TDCJ Health Services directly–The Health Services Division’s Office of Professional Standards investigates prisoners’ complaints about health care. Their address is:

Texas Department of Criminal Justice
Health Services Division
3009-A HWY 30 West
Huntsville, Texas 77340-0769

If you have a friend or family member in the free world, they can call Health Services directly at (936) 437-4271. Health Services may require you to execute a medical release before they can talk with your friends or family. This is to protect your medical privacy. You can get the release form from the medical department on your unit. (The form needs to be renewed and updated every six months.)

A friend or family member can also contact the TDCJ Ombudsman at (936) 437-6791. The Ombudsman will also likely require your family to have a medical release to protect your privacy.

Make sure to document each of the above steps by saving copies of the forms or writing in a diary when you made the requests.

If you can afford to be seen by a free world doctor, you have a right to have one evaluate you. Correctional Managed Health Care Policy E-44.2. You will have to pay all the costs associated with this visit, however, and will have to find a doctor willing to come to the prison to visit you.

If all else fails, you can try to contact a lawyer for help, or file a lawsuit yourself. It is very difficult for a prisoner to win a lawsuit, even if he or she has a lawyer, so you should always try to find a lawyer before going to court yourself. Lawyers’ addresses can be found in the directories in the law library.

** This information is not a substitute for speaking with a lawyer. Before filing a lawsuit, always consult an attorney. This information is not a substitute for a lawyer’s advice.

By Logan G. Carver
AVALANCHE-JOURNAL

A woman has filed a discrimination suit in U.S. District Court alleging that the operator of a Seminole motel denied her and her family accommodations because they are black. Gwenda Gault and members of her Central Texas family sued the Seminole Inn alleging that they were turned away after being subjected to an epithet-riddled tirade.

Gault said she is taking action in response to the type of racism and bigotry she thought no longer existed.

“He needs to understand there aren’t many more people in the world like that,” Gault said. “That racial stuff – we’re trying to get past that.”

The Avalanche-Journal contacted the Seminole Inn seeking comment on the suit.

“We do not have any comments whatsoever against those,” said the receptionist at the motel. He also refused to give the name of the inn’s attorney.

The lawsuit, filed Monday in Austin, seeks a judgment stating the owner deliberately discriminated against the family, an injunction barring the owner from discriminating against prospective customers in the future and unspecified monetary compensation.

All Gault wanted was a place for her family to relax while in West Texas for a family reunion/Juneteenth celebration.

Gault gave the Seminole Inn her credit card number and reserved several rooms in May, Gault said.

On June 19, after driving about eight hours from Williamson County near Austin, the family arrived at the Seminole Inn where they were met by a man picking weeds.

Gault said the man approached them and started hurling racial slurs at the family, while preventing them from getting out of the vehicle.

He told them “to contact Michael Jordan” and ask him to “buy a farm for all the blacks, all the n——, because farming is what you people know how to do,” according the lawsuit.

They were told they couldn’t stay at his motel because black people bring drugs and drink too much, Gault said.

His racist diatribe was heavily accented with the N word, and explaining its meaning to the children was especially difficult, Gault said.

“At my household, we don’t use the word n—– so my grandbabies, my little cousins, they don’t know that that’s the reason we can’t stay there – because the color of our skin.”

The owner forbade the desk clerk from renting rooms to the family, according to the lawsuit, and after securing a promise from the clerk that her credit card would not be charged, the family was forced to search for another hotel.

Ultimately, the family was forced to stay in Hobbs and travel daily to the celebration in Seagraves.

The family went to the Texas Civil Rights Project for legal representation.

“I think we have to bring all the power of federal law to bear and make sure that hotels are not discriminating based on skin color anymore,” said Wayne Krause, legal director of the Texas Civil Rights Project. “This sort of discrimination still exists.”

Still, Gault said she had never experienced such egregious racism in her life before her trip to Seminole and hopes the lawsuit will prevent anyone else from experiencing what she and her family went through.

*****

Discrimination Lawsuit Filed Against Seminole Inn

By Camaron Abundes
NewsWest 9

SEMINOLE- The Seminole Inn was named in a civil rights lawsuit that was filed Monday in an Austin Courthouse. The suit outlines blatant discrimination including racial slurs and remarks, made by an employee of the Inn and states a clerk refused to honor a reservation made by an African American family, based on race.

Gwenda Gault, her fiance Kenneth Gibson, and Danny Johnson are listed on the lawsuit. The family traveled with other family members to a family reunion in Seagraves, TX for the Juneteenth celebration. Juneteenth commemorates June 19th the day African Americans in Texas learned of President Abraham Lincoln’s Emancipation Proclamation, two years after the civil war ended.

Gault says she booked several rooms at the Seminole Inn, because the Inn’s web site advertised a pool and an employee assured her it would be open in June when she booked in May. Gault says when they arrived a man began harassing the family, calling them (expletive) and telling them they could not stay at the hotel.

“I just felt helpless,” Kenneth Gibson said at a press conference in Austin.

At the end of an eight hour drive from Taylor, near Austin, the family says they could not believe how they were treated.

“He said well ma’am, I can’t rent you these rooms. And I am going wait? I’ve got kids outside, we came eight hours. You know I have my elderly aunt outside, my mom. I said what do you mean you can’t rent us these rooms, we’re tired, you know. He said no, I can’t rent these rooms to you,” Gault said to reporters on Monday.

The lawsuit says a man, who appeared to be taking care of the Seminole Inn grounds, walked up to the family when they pulled into the parking lot at 2200 Hobbs Highway in Seminole, TX.

“This guy approached the van, talking about you (expletive) can’t stay here,” Gault recalled.

Gault told reporters the man followed her into the lobby where she told the desk clerk what he said and that she had a reservation with a confirmation number from a month prior to making the trip.

“It is blatantly illegal to discriminate somebody by race and to refuse to rent based on skin color.” Wayne Krause, VAWA director of the Texas Civil Rights Project. The Texas Civil Rights Project staff helped the family file the lawsuit on Monday.

The lawsuit also outlines a claim that the Seminole Inn also used deceptive business practices that mislead the family to believe they had a working pool. When the family showed up, not only were they not allowed to rent a single room, the pool area was marked off with caution tape.

View Video

NewsWest 9 tried to contact the manager but he refused to comment over the phone or gave only the first name of Henry. Later Newswest 9 entered the lobby at the Seminole Inn and asked to speak to the manager.

Henry Shah, the General Manager, declined to comment but did inadvertently answer a question.

He said his employees never refused to honor the family’s reservation based on race. A short time later, Newswest 9 contacted the hotel again by telephone. Shah told Newswest 9, the man who allegedly accosted Gault, Gibson, Johnson and their family was only a guest.

“It seems weird that that stuff is still happening around here.” Trini Perez said while pumping gas at a local gas station.

“It’s wrong. I wouldn’t just let it go.” Nancy Penner, who was a former employee of the Seminole Inn, said.

The Seminole Appraisal District lists the Yamunaji LLC. along with Dilip and Lina Patel, under its tax records. A representative from the Appraisal District says it is not clear if they are the owners or managers of the property, but the couple lists the hotel as their home address.

The lawsuit names Lewis W. Wilkerson, of Littlefield as the “Registered Agent.”

The Appraisal District representative says the registered agent is the person who handles business transactions.

Wayne Krause, with the Texas Civil Rights Project says they anticipate that during the course of the lawsuit the owner of the Seminole Inn will come forward.

NewsWest 9 could not reach Lewis Wilkerson or the Patels.

Hotel management will have 30 days to respond to the lawsuit, once it is served in the next few days.

Gault says the family spent several hours looking for a hotel after they were refused a room at the Seminole Inn, back in June. They went to several towns before finding a hotel with available rooms in Hobbs, New Mexico.

The family is suing for actual damages, punitive damages, attorneys’ fees, and for the hotel to properly train its employees to avoid discriminating against future customers.

*****

Suit: Black family refused from hotel says racial slurs hurled by manager

Matt Flener

AUSTIN (KXAN) – A Taylor family has filed a racial discrimination lawsuit against workers at a West Texas inn.

The lawsuit, filed on behalf of the Griffin family, alleges the manager of the Seminole Inn , in Seminole, Texas , refused to let the family stay at the Inn on a family vacation last summer.

The hotel owner, reached by KXAN Monday afternoon, declined to comment.

View Video

The African-American family traveled to Seagraves, Texas for a family reunion and Juneteenth celebration, according to Wayne Krause, legal director for the Texas Civil Rights Project.

Krause said the manager directed his staff not to rent a room to the family once he saw they were African-American. Krause said the man hurled racial slurs at the family and said they needed to contact “Michael Jordan” and ask him to “buy a farm for all the blacks, all the (expletive), because farming is what you people know how to do.”

Gwenda Gault made the reservation for the hotel rooms and said the family of 11 drove eight hours from Central Texas to Seminole. Gault said the manager needs to change his ways.

“I can’t believe they did this to us,” said Gault. “We want to stand up to this kind of racism and let them know it’s unacceptable.”

The Texas Civil Rights Project filed the lawsuit in Federal Court Monday morning.

Editors note: Due to the offensive nature of some comments in the raw footage, and because the content can be shared publicly, some words in this video have been censored.

*****

Lawsuit: Black family turned away from West Texas hotel

Discrimination happened June 19 at the Seminole Inn, lawsuit says.

By Claire Osborn
AMERICAN-STATESMAN STAFF

A West Texas hotel refused to give rooms to a Williamson County family because they were African American, according to a federal lawsuit filed Monday.

The lawsuit, filed in Austin by three people, including two from Taylor, says the discrimination happened June 19 at the Seminole Inn in Seminole, about 80 miles southwest of Lubbock. Gwenda Gault said she and her fiancé, Kenneth Gibson, both of Taylor, were driving with nine relatives to a family reunion when they stopped to spend the night at the Seminole Inn, where they had reservations. A man who was outside the hotel gardening came up to the family’s van and screamed racial slurs at them, Gault said.

“I don’t have nothing against you but you … would be better off if Michael Jordan bought a farm and put you on it, because you would party and drink as much as you want, where we don’t have to deal with you,” said the man, according to the lawsuit.

Kenneth Gibson
(photo by Kelly West)

The man also said that Gault and Gibson and their relatives “could not stay at my motel because your kind of people bring in drugs and drink too much and don’t know how to act,” the lawsuit states.

A man who identified himself as the Seminole Inn’s manager on the telephone Monday said he had no comment. The registered agent for the company that owns the hotel could not be reached Monday.

It is illegal to refuse to rent a hotel room to someone based on race, said Wayne Krause, a lawyer with the Texas Civil Rights Project, which is representing Gault, Gibson and Danny Johnson, who is Gault’s brother and was also on the trip.

Gibson, who spoke Monday at a news conference with Gault, said he felt like he had been slapped in the face.

“All we wanted to do was get to the hotel, rest and let the kids play,” he said.

Gault said she walked into the hotel to try to confirm her reservation.

Before she could speak to the clerk, the man who had been gardening entered and talked to the clerk in a language that was not English, Gault said. The clerk then told Gault that he could not rent rooms to her, Gault said.

She told the clerk that she had made reservations a month earlier and the family had been driving for eight hours, but the clerk still refused to give them rooms, Gault said.

The family had to drive to Hobbs, N.M., about 40 miles west of Seminole, to stay at a Days Inn. That put the family about 80 miles from the site of the reunion in Seagraves, which is north of Seminole, Gault said.

There were no rooms available in Seagraves or any other nearby towns, she said.

The family reunion was in celebration of Juneteenth, which commemorates the announcement in Texas of the abolition of slavery.

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Taylor family files discrimination lawsuit against West Texas inn

By STEVE ALBERTS
KVUE News

A Taylor family has filed a federal discrimination lawsuit against a West Texas inn.

At a news conference Monday, Gwenda Gault and Kenneth Gibson said they filed the lawsuit against the owner of the Seminole Inn in Seminole Texas, claiming he used racial slurs and refused to honor their reservations.

Last year, the couple had planned a family reunion and booked rooms at the motel to celebrate Juneteenth. They made the eight hour trip from Williamson County to Seminole, but when they prepared to check in, they allege the owner of the hotel used racial epithets and declined to give them their rooms.

According to the lawsuit, the owner directed his staff not to rent the rooms to the family once he saw they were African-American.

Gault said she couldn’t believe what happened, and wants the owner of the inn held accountable.

“I really want some real strong action so no one else has to go through what I’ve been through or my family, too,” said Gault.

KVUE spoke with Hemang Shah, who said he was the general manager of the hotel. Shah said the person to whom Gault referred was a guest and not part of the hotel staff or ownership. Shah said that the group opted not to rent the rooms after finding out there was a problem with the swimming pool.

The Texas Civil Rights Project filed the lawsuit in federal court Monday morning.

The lawsuit doesn’t specify any monetary damages. Family members said their goal is to prevent such an incident from happening again.

Please click on an image below to view PDFs of our Human Rights Reports.

Texas Civil Rights Project representing several people in federal lawsuit

Erin Cargile

BERTRAM, Texas (KXAN) – The Texas Civil Rights Project is representing several people in a federal lawsuit filed Thursday against Bertram Police Chief David Caudle, and the City of Bertram. The citizens claim Caudle acted lawlessly and abusively toward Bertram residents over the course of 2008.

“You see this pattern of really bizarre behavior by somebody who ought not be in law enforcement period,” said TCRP Director Jim Harrington at a press conference Thursday.

The suit claims Caudle caused a wreck in a patrol car after running a red light in January. A pregnant woman was involved, and Caudle allegedly tried to deter other officers and EMS from responding. The second incident in question happened in February. The suit claims the chief pointed his gun at an officer pictured on a computer screen. That officer was later fired.

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“I can only hope for that man’s badge to be taken away,” said James Kincheloe while petting his pit bull puppy, Bud. In August, Caudle shot and killed Bud’s father Buddy outside the Kincheloe?s house.

“I don’t see that I could have done anything different,” said Caudle. The chief said Buddy was not on a leash, and when he approached the Kincheloe’s house to find the owner, it appeared Buddy was going to attack. “I had to make a choice of either getting bit or protecting myself,” said Caudle.

At a press conference Thursday, Bertram Mayor Pro-Tem L.O. Pogue said he was verbally threatened by Caudle after informing him he did not support him. Pogue is one seven plaintiffs listed in the lawsuit also filed against Mayor JoAnn Stephens. It claims she consistently silenced citizens at council meetings.

The suit also sheds light on Caudle?s work history. While a Travis County jailer, the suit claims Caudle was written up nine times for using excessive force toward inmates and other jailers. He was fired in 2002 after inappropriately grabbing an inmate.

By JIM BERGAMO
KVUE News

A Central Texas city, its mayor, and its police chief are all being sued for abuse of power.

The lawsuit contains claims that the Bertram police chief needlessly shot and killed a dog, kicked in a door without a warrant and pointed a gun at the homeowner.

Also, the suit contends Bertram’s mayor would not allow a petition for the chief’s firing to be presented at city council. At a news conference Thursday, the woman who organized that petition said the chief threatened to “take her out.”

“I grew up in Bertram and this is by far the worst I’ve ever seen it be, ever, the people are scared, they are afraid,” said Melinda Copeland, Bertram resident.

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Copeland is one of seven Bertram residents who’ve filed suit against the city’s mayor and police chief. The suit claims Chief David Caudle has threatened residents, acted lawlessly and abused his power in the community.

“He’s a loaded gun, he’s a time bomb,” Copeland said.

Another resident filing suit just happens to be the Mayor Pro Tem of Bertram — I.O. Pouge. Frustrated that residents’ concerns were not being heard, Pogue says he told Caudle he could no longer support him as chief, and that’s when he says Caudle verbally threatened him with jail time.

“That he could put me in prison for 40 years, that’s when the problem started and I stood up and said, ‘Do it, damn it,’” Pogue said.

The lawsuit states Caudle’s abusive behavior dates back to his days as a deputy at the Travis County jail when he was disciplined nine times for excessive force or offensive behavior.

In his termination letter, then Travis County Sheriff Margo Frasier wrote, “There is no place…for a person who not only uses excessive force but also seems to delight in it.”

“If you put it all together and the totality of it, then you see this pattern of really bizarre behavior, and certainly someone who shouldn’t be in law enforcement period let alone be the police chief,” said Jim Harrington, Texas Civil Rights Project attorney.

“I think this is a big distraction for what were trying to do here, but were going to answer it and respond to it in kind,” said Caudle.

The suit claims Bertram Mayor Jo Ann Stephens consistently denied the residents their right to speak out at city council about their concerns. When asked about the suit, Stephens told KVUE News she could not comment.

An emotional Pouge says it’s time Mayor Stephens and Chief Caudle were held accountable.

“I took an oath and swore to serve and protect and that’s what Im trying to do,” Pogue said holding back tears.

The lawsuit claims the residents’ 1st, 4th and 14th Amendment rights were violated.

Earlier, Mayor Stephen’s own investigation into Chief Caduceus’s actions uncovered no wrong doing.

In lawsuit, City Council member, others say townspeople have been subject to violent, retaliatory behavior

By Claire Osborn
AMERICAN-STATESMAN STAFF

BERTRAM — Several Bertram residents and a City Council member have sued the police chief, accusing him of exhibiting violent and abusive behavior.

In the federal lawsuit, residents say Bertram Police Chief David Caudle unnecessarily shot and killed a resident’s dog, threatened to put a man in the trunk of his patrol car after the man called 911, and pointed a handgun near the head of another officer at the police station.

In the lawsuit, residents say Caudle also threatened to put Council Member L.O. Pogue in prison for 40 years after Pogue said he would not support a pay raise for the chief.

Caudle did not return a Thursday afternoon call for comment.

The lawsuit was also filed against Mayor JoAnn Stephens and the City of Bertram. Stephens refused to accept a petition signed by 58 citizens asking for Caudle to be fired, the lawsuit said. Stephens declined to comment Thursday.

The lawsuit was filed Thursday in U.S. District Court in Austin.

“He’s a loaded gun,” said Melinda Copeland, a resident of Bertram and one of the people who filed the lawsuit. Speaking at a news conference, Copeland said she tried to present the petition to the mayor asking for Caudle’s firing.

Caudle threatened her about the petition, she said.

“He said he would take me out and get away with it,” Copeland said.

William Bell, another one of the plaintiffs, said at the news conference that he called 911 because he didn’t want to let a woman whose son was visiting his son to leave with her child because Bell said she was intoxicated. When Caudle arrived at Bell’s house, he threatened to allow Child Protective Services to take away Bell’s own son, Bell said. In a recorded call with 911, Caudle called Bell a “nasty, disgusting individual,” according to the lawsuit.

Caudle was a jailer for the Travis County sheriff’s department but was fired in 2002 after another jailer said he grabbed an inmate by the testicles and began to violently twist and squeeze, according to the lawsuit. Caudle used excessive force nine times as a jailer for the Travis County sheriff’s department from 1988 through 2002, the lawsuit said.

Bertram is a town of about 1,300 residents northwest of Austin in Burnet County.

One of the residents, Williamson County Deputy Constable Raymond Baladez, said in an interview Thursday night that he gets four to five telephone calls a week from people complaining about Caudle threatening them.

“Most of it is just unprofessionalism,” Baladez said. He said he talked to the City Council about his concerns about Caudle but that the mayor wouldn’t listen to him.

“She will not hear of it,” Baladez said. “She supports him 110 percent.”

Please click on an image below to view our past issues. (Requires Adobe Acrobat Reader)

By CAROLYN FEIBEL

Under a pecan tree off Navigation sits a small metal plaque of a smiling boy. The plaque, unveiled Friday, reveals his name, the dates he was born and died, and a prayer penned by his mother (“May he rest in hope and rise in glory”). But it reveals nothing about the shooting of the 14-year-old by a Houston rookie police officer, or the momentous legal battles that followed.

That is fine with those who gathered to remember Eli Escobar Jr. His true memorial, they said, lies in the fact that his death led to substantive changes in how Houston conducts firearms training for its police officers. All cadets now learn about his death, and “the Escobar rule” for gun use and crisis intervention.

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“I’m very pleased and happy we got something out of this tragedy,” said his father, Eli Escobar. “My son represents the children, the protection of our children.”
The dedication ceremony — five years to the day after his son died — was supposed to bring ceremonial closure to a high-profile police shooting. The eighth-grader was playing video games at a friend’s apartment in northwest Houston when police officers entered, looking for teenage boys involved in an earlier fight.

Eli, who had nothing to do with the incident, was taken outside with other teens. When Eli tried to walk away, an officer tried to stop him and ended up shooting him in the ensuing struggle. The officer, Arthur Carbonneau, was convicted of negligent homicide and served 60 days in jail, followed by probation.

The plaque, placed on city property in Guadalupe Plaza, grew out of a civil lawsuit his parents filed against the city. The unusual settlement included $1.5 million in damages, the plaque, a condolence letter from Mayor Bill White to the Escobars, and revisions in the training of HPD cadets and officers.

Community leaders praised the parents for seeking the good in the tragedy.
“I admire this family for insisting something positive come out of this,” said Councilwoman Melissa Noriega.

“You have become the parents of all kids in Houston,” said James Harrington, director of the Texas Civil Rights Project, a legal advocacy organization. “When your son became a victim, you reached out and fought the fight to protect all the kids in Houston so this doesn’t happen to anybody ever again.”

A chill wind swept over the park Friday morning, but the sun still sparkled as the Escobars swept aside a piece of red, white and blue bunting that covered the plaque. The jazz band from Waltrip High School played a mournful Drown in My Own Tears, a Ray Charles song. Eli’s mother, Lydia Escobar, began to cry softly.

“This is not an illusory change,” the family’s attorney, J. Michael Solar, emphasized after the ceremony. “They could have gotten a lot more money if they wanted. These people wanted to affect a positive change in the police force for the entire community.”

To complete the academy, Houston police cadets now have to pass a test that measures their ability to handle firearms under stress, Solar said. The officer who shot Escobar failed that test and others, but graduated.

Annual firearms training for all officers will require review of the “Escobar Rule,” which calls for officers to reholster their guns before physical struggles — when possible — and to keep their fingers off the trigger unless ready to shoot to kill.

“This is going to result, hopefully, in a better-equipped cadet and field officer as a result of the Escobar Rule,” Solar said.

City Attorney Arturo Michel said the settlement would not have been possible without all the elements.

“All of those played a part, the letter, the plaque, the additional training,” Michel said. “These are difficult lawsuits emotionally and difficult to defend.”

The plaque is highly unusual. Michel said he could not recall a legal settlement requiring placement of a memorial plaque on public property.

carolyn.feibel@chron.com

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Memorial Erected For HPD Shooting Victim

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By Mariza Reyes

HOUSTON — The city of Houston unveiled a historic memorial to Eli Escobar Jr. at Guadalupe Plaza Park Friday morning.

The dedication marked the first time the city has erected a memorial to an HPD shooting victim. The ceremony coincided with the fifth anniversary of Escobar’s death.

“Me and my wife wanted a remembrance of my son so this stuff never happens again,” said Eli Escobar Sr., his father. “It was beautiful. I never thought this would happen,” said Lydia Escobar, Eli’s mother.”

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City unveils memorial to teen accidentally shot by HPD officer

By Allison Triarsi / 11 News

A small, somber crowd gathered to remember Eli Escobar Jr.

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Local activist Johnny Mata began the ceremony.

Escobar’s parents sat in the front row.

Escobar’s mother cried at the ceremony as the teen’s former principal shared memories about him.

In addition to the park dedication, the city created the Escobar Rule, which is designed to improve police procedures when handing guns.

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Memorial held for teen killed by HPD officer

By Elissa Rivas
ABC13

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HOUSTON (KTRK) — His death led to several policy changes within the Houston police department. And on Friday, a memorial was unveiled in 14-year-old Eli Escobar’s honor.

“Well today is the happiest day for us,” said Eli Escobar, Sr. “It’s a memory of my son and we’re very pleased with the city of Houston for what they have done.”

Eli’s father also talked about how he feels today about the Houston Police Department. He says you have to forgive in order to be forgiven and he is at that point now.