Tag: ACLU-TN

Categories
News News Blog News Feature

Legal Professionals Urge SCOTUS to Stop Tennessee’s Gender-Affirming Care Ban

Photo: Tingey Injury Law Firm on Unsplash

Legal experts have filed a brief on behalf of transgender youth in the state in hopes of stopping a Tennessee law banning gender-affirming care for minors from taking effect.

The American Civil Liberties Union of Tennessee (ACLU-TN) said they are urging the Supreme Court of the United States to stop the state from banning hormone therapy for trans adolescents.

Last week ACLU-TN joined the American Civil Liberties Union, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP in filing a brief on behalf of Samantha and Brian Williams of Nashville and their 16-year-old transgender daughter, Dr. Susan Lacy of Memphis, and two families who filed anonymously.

This brief is in response to a June 2024 decision to hear a challenge to Tennessee’s ban. Advocates claim the law is a violation of the U.S. Constitution’s Equal Protection Clause.

Lucas Cameron-Vaughn, staff attorney at the ACLU of Tennessee, said that Tennessee and other Southern states have “become a testing ground for targeted assault on the constitutional rights of trans Tennesseans.”

In September of 2023 the Sixth Circuit Court of Appeals allowed for the law restricting transgender youth from accessing gender-affirming medical care to remain in effect. The ruling came months after the court initially blocked the law from taking effect in July of the same year.

Governor Bill Lee signed the legislation into law March of 2023, and it prohibits healthcare professionals from administering gender-affirming care to minors. This legislation makes gender-affirming hormone therapy and puberty blockers inaccessible, and trans people in Tennessee will not have access to this care until they reach the age of 18. Similar restrictions have been made in states like Arkansas and Alabama.

“Every day this law remains in place, it inflicts further pain, injustice, and discrimination on trans youth and their families,” Cameron-Vaughn said in a statement. “Make no mistake — if the Supreme Court fails to protect trans Tennesseans’ access to the medical care they need to survive and thrive, local politicians will go even further. They will continue to rewrite the history that our schools teach, discriminate based on what we look like, where we’re from, and who we love, and control if, when, and how Tennesseans choose to start their families.”

Parents of the 16-year-old plaintiff said it has been “painful” to see their child not be able to access “life-saving healthcare,” and they’ve had to travel outside of the state for care.

“We have a confident, happy daughter now, who is free to be herself and she is thriving,” Samantha Williams, mother of 16-year-old L.W., said. “Tennessee’s ban has forced us at great expense to seek routine healthcare visits out of state and may at some point force us to leave Tennessee — the only home our children have ever known. No family should have to make this kind of choice.”

Officials said oral arguments are expected to be heard this term.

Categories
News News Blog News Feature

TN AG, ACLU Drop Suit Over House Sign Ban

State Capitol (Photo: Tennessee State Government)

In a coda to a bruising special session of the Tennessee Legislature that wrapped up last month, lawyers representing three women who silently defied a House ban on signs and attorneys for the state have agreed to bring a First Amendment legal challenge to a close.

The challenge to new House rules that barred protest signs was filed on the third day of Tennessee’s specially called session on public safety — after state troopers removed three women quietly holding pieces of paper that read “1 KID > ALL THE GUNS” from a legislative committee room.

As contentious gatherings and frustrated protestors crowded the legislative session, inside a Nashville courthouse Chancellor Anne Martin immediately granted a temporary restraining order preventing the ban on signs from being enforced. Five days later, Martin ruled again, finding that the sign ban would likely be found unconstitutional at trial. House leaders were unable to enforce the ban for five of the seven days of the special session.

House Republicans lose decision on sign bans

Attorneys for the Tennessee Attorney General, representing House Speaker Cameron Sexton, the Tennessee Highway Patrol and other enforcers of the ban have now asked for the case to be dismissed as moot.

“The special session has now adjourned,” the state’s legal filings said. “And the procedural rules adopted by the House for the special session — including the Sign Regulation that the (women) asked this court to declare unconstitutional and enjoin — are no longer in effect.”

Attorneys for the ACLU of Tennessee, who represented the three women — Allison Polidor, Erica Bowton, and Maryam Abolfazli — do not oppose dismissing the case, but expect to file a motion seeking attorney fees and costs from the state, legal filings said.

The House rule banning signs during the special session originated in a private meeting in Sexton’s office that took place without public notice on the first day of the special session, the Tennessean reported. The 31 pages outlining the special session’s rules relied largely on a template for the House’s permanent rules of order, but added this sentence:

“No voice or noise amplification devices, flags, signs, or banners shall be permitted in the galleries of the House of Representatives.”

The House’s permanent rules of order for the 113th Assembly, which reconvenes in January for the second year of its two-year cycle, do not contain the same sentence.

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature Uncategorized

ACLU Critical of Methodist Le Bonheur’s Transgender Policies

(Credit: Sharon McCutcheon on Unsplash)

The American Civil Liberties Union of Tennessee is taking Methodist Le Bonheur Healthcare (MLH) in Memphis to task for canceling gender affirmation surgery for a 19-year-old patient.

According to the ACLU, Chris Evans was notified days before a scheduled surgery that the hospital had adopted a policy to deny gender-affirming care to transgender and nonbinary patients. 

“All people should be able to access necessary medical care without fear of discrimination because of who they are,” said ACLU-TN Staff Attorney Lucas Cameron-Vaughn. “Denial of healthcare results in life-threatening situations for all patients. Methodist Le Bonheur Healthcare is risking the lives of its patients by jumping into culture wars. Discrimination does not belong in healthcare.

A letter sent by Cameron-Vaughan alleges Evans was told of the facility’s decision on November 21. 

“Such a policy is unlawful discrimination based on sex pursuant to Section 1557 of the Patient Protection and Affordable Care Act, as well as discrimination on the basis of disability under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act,” wrote Cameron-Vaughan.

“Categorically refusing to provide treatment to an individual because they are transgender or nonbinary is prohibited sex discrimination under Section 1557,” the letter continues.

The ACLU “demands” the healthcare facility respond by the close of business on December 2 with confirmation Evans’ surgery has been scheduled to be performed before December 31. 

Should MLH not comply, the ACLU plans to file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights.

MLH’s website states the healthcare facility is Tennessee’s largest provider of care to TennCare/Medicaid and uninsured patients, serving more than 128,000 adult TennCare and Medicaid patients annually. 

A web page titled “LGBTQ+” has been deactivated from the site. 

In a statement, MLH said, “Our commitment remains to deliver high quality and compassionate care to any patient regardless of their race, gender, religion, national origin, sexual orientation, gender identity or expression. In recent weeks, some care providers voiced questions about patients receiving gender affirming procedures at a facility affiliated with our health system. This resulted in a temporary pause to review current practices. We have not changed our practices regarding the treatment of transgender and/or non-binary patients. We have not wavered from our commitment as a health system for all. We understand the physicians are moving forward with getting the patients rescheduled before the end of the year.”ACLU-TN-Demand-Letter-to-MLH-11.30.22_final.

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
News News Blog News Feature

New Bail System Unveiled Here Hailed as One of the “Fairest in the Nation”

(Credit: Matthew Ansley on Unsplash)

A new system unveiled here Thursday will transform the bail process in Shelby County next year, and advocates call the new process “one of the fairest in the nation.”

The new system comes after criminal justice reforms advocates like Just City, The Wharton Firm, the Official Black Lives Matter Memphis Chapter, and the American Civil Liberties Union of Tennessee (ACLU-TN), threatened to sue local officials late last year if the county did not stop bail practices “that violate the constitutional and statutory rights of people arrested in Shelby County,” a news release from the ACLU-TN said Thursday. 

The groups entered a mediation process with the county. They agreed to a new $2-million courtroom for bail hearings, promised in a resolution from the Shelby County Commission. With that promise in hand, Shelby County General Sessions Court Judges recently signed a new standing bail order for the county, an agreement that will set a new path for bail here when it goes into effect in February 2023.  

In the current system, judicial officers reach for money bail nearly 77 percent of the time, according to Josh Spickler, executive director of Just City. They do this even though state law mandates using money bail only as a last resort. The new system will help set bail on a case-by-case basis that could include no bail, lower bail, home monitoring, or even an unaffordable bail to keep someone in place to ensure a court appearance. 

In the new system, once a person is booked in to the Shelby County Jail, they’ll be interviewed by an official from Shelby County Pretrial Services. They’ll use a financial assessment tool to determine “an amount that is financially affordable for the individual,” reads the order. 

Within 12 hours of detention, a Judicial Commissioner will evaluate the person to see if they can be released on their own recognizance (meaning no money bail needed but a promise to appear at their court date), if they should be released with no money bail but with conditions (like at-home monitoring), or with money bail. 

A bail hearing with counsel will then be set in the new bail hearing courtroom to take place usually within the first 48 hours of detention and not to exceed 72 hours. Under the current system, a person could be held for weeks or longer without a bail hearing with counsel. 

The ACLU-TN said under the current system, “most people never had a bail hearing at all, ability to pay was not considered when bail was set leaving those who could not afford to pay detained indefinitely even if they were not a flight or safety risk, while those who faced the same charges but could afford to pay money bail were freed until trial.”

Numerous criminal advocacy groups, politicians, and individuals praised the move.

Here’s what they said: 

Andrea Woods, staff attorney with the ACLU Criminal Law Reform Project 

“With these changes, Shelby County has the opportunity to be a national leader for pretrial justice. These much-needed improvements are a testament to the power of local officials, advocates and community members working together to solve a problem. We applaud the county’s collaboration and leadership in ensuring that no one is needlessly confined to a jail cell, that everyone awaiting trial receives fair treatment, and that community well-being is supported through alternatives to incarceration.”

Josh Spickler, executive director of Just City

“Bail reform advocates from around the country are looking to Shelby County as an example of how a community can realize meaningful reform when forward-thinking leaders decide to collaborate instead of litigate. The entire Shelby County Commission, Mayor [Lee] Harris, and countless members of his administration rallied around this opportunity. We will soon have a smaller jail population, safer streets, and significant cost savings as a result.”

Stella Yarbrough, ACLU-TN legal director

 “Shelby County has taken a huge step away from wealth-based incarceration and toward a transparent system rooted in due process. This new bail system not only brings the county in line with the [U.S.] Constitution, it establishes one of the fairest bail systems in the nation, yielding an immense, positive impact on countless people’s lives.”

Alexander Wharton of The Wharton Law Firm

“I am pleased to have participated in a process where all interested parties and voices participated in changing our current bail setting system to comply with state law and the principles of the U.S. Constitution. This is an example of the ability of all parties working together to help solve problems within our system.”

Shahidah Jones of the Official Black Lives Matter Memphis Chapter

“As an abolitionist organization, we are cautiously optimistic about what this means as we move forward with implementation. We are most excited about the ability to collect data and to actually provide transparency about what happens within our current justice systems.”

Shelby County Attorney Marlinee Iverson

“Shelby County and its officials are invested in ensuring that every arrested person who enters the criminal justice system receives adequate constitutional protections and a fair process. The new bail hearing system reflects the commitment of local leaders, including Mayor Lee Harris and Chief Public Defender Phyllis Aluko, to equal treatment for all residents, regardless of their income.”

Willie Brooks, chairman of the Shelby County Board of Commissioners 

“The Shelby County Board of Commissioners unanimously approved changes to the bail system in order to promote equality, public safety, and to reduce the high costs of unnecessary pretrial incarceration. These forward-looking solutions reflect growing evidence that supportive interventions, rather than incarceration, promote positive outcomes in most cases.”

Shelby County District Attorney General-elect Steve Mulroy

“I look forward to working in support of these groundbreaking reforms and ensuring that my office only seeks money bail where needed for public safety. Pretrial detention should be the exception, not the rule.”

Louis Montesi, Presiding Judge General Sessions Criminal Court

“The judges of the General Sessions Criminal Court of Shelby County are proud to be a part of the bail reform changes to establish and ensure a fair, just, and equal system for pretrial release for persons charged with crimes with proper consideration for the presumption of innocence, due process of law and public safety.”

Marquita Brown, representative of the Official Black Lives Matter Memphis Chapter

“I am the supportive services lead for the people that are bailed out by our organization. My job is to assist with acquiring legal counsel, transportation to court dates, and stabilization. Reform was necessary to stop bail practices that violate the constitutional and statutory rights of people arrested in Shelby County. 

“These reforms are a great place to start, as this process institutes counsel for the individual and also speeds up the process by providing a bond hearing within 72 hours. The assistance of the bail calculator to determine what an individual can afford is also very important because all of the people we bail out cannot afford the full bail or the 10 percent that most bond companies require. This is an exciting moment in Shelby County history and I am looking forward to future changes.”

Categories
News Blog News Feature

Groups Threaten Lawsuit On Money Bail Reform

Credit: Shelby County Jail/Facebook

Several groups called Shelby County’s money bail system unconstitutional in a letter issued Tuesday and urged leaders to meet with them about the practice or face a lawsuit by year’s end. 

The letter is from the American Civil Liberties Union (ACLU), the American Civil Liberties Union of Tennessee (ACLUT-TN), Just City, and The Wharton Law Firm. It paints a picture of a broken system that favors those with money to get out of jail and disproportionately affects poor, Black, and disabled detainees.    

“Jailing people simply due to their inability to afford a sum of money is unconstitutional and harmful public policy,” said Andrea Woods, staff attorney with the ACLU’s Criminal Law Reform Project. “Shelby County officials should embrace this opportunity to remedy the county’s discriminatory, wealth-based detention practices. We would rather see smart systems fixes now than be forced to bring these issues to court.”

The letter says pre-trial release is a fundamental right under the state and federal constitutions. Tennessee law requires judges to treat money bail as a “last resort,” it says. Except for “extreme circumstances,” all criminal suspects have the right to some sort of conditional release from jail before their trials. 

Shelby County’s system, however, keeps “hundreds of people” detained because they cannot afford bail. This can lead to loss of employment, housing, education, health care, and child custody, the groups said. 

The county’s current pre-trial system can hold a person for “weeks or longer” without a bail hearing with counsel, according to the groups. Ability to pay is not considered when bail is set, “leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk, while those who face the same charges but can afford to pay money bail are freed until trial.”

“Because of this community’s dependence on money bail, the Shelby County Jail is full of people who cannot pay for their freedom,” Josh Spickler, executive director of Just City, said in a statement. “There are proven alternatives to this counterproductive system, tools and policies that have worked in other cities just like Memphis to reduce crime, save money, and help people.

“These methods work, but they require leadership. Today, we are inviting Shelby County leaders to join us for a long-overdue conversation about safe and effective alternatives to the money bail system. We hope they’ll join us.”

The letter threatens litigation and demands reform for the county’s bail system. It says the groups “prefer to work with you to resolve our concerns but stand ready to explore other options” if the county does take action. 

That action — an answer to a meeting request from the groups — needs to take place before December 31st. If not, “we have no choice” but to file a lawsuit.  

“We cannot and will not sit idly by and let this easily corrected problem persist,” reads the letter. 

Instead of the current system, which the letter says “does not promote court appearance,” the groups want (among other things):

• bail hearings no later than 24 hours after a person’s arrest

• no money bail set unless proof exists that the person will not return for trial without it

• a consideration of ability to pay for bail before it is set

• affordability for bail means the person can pay the bail amount within 24 hours without borrowing money

Categories
Politics Beat Blog

ACLU Seeks Jail Compliance with COVID Order


The American Civil Liberties Union of Tennessee (ACLU-TN), which last month successfully sued to obtain a federal court order requiring that the Shelby County Sheriff’s Department provide COVID protective measures to inmates at the county jail, filed a motion late Wednesday asking Judge Sheryl Halle Lipman to compel enforcement of her earlier order.

Announcing its action, ACLU-TN said, “the April 9th agreement was meant to ensure that medically vulnerable people living in the jail are sufficiently protected as long as COVID-19 threatens their health and safety. However, less than a week after the court approved the consent decree, the Sheriff’s Office informed the plaintiffs that they believed the protections negotiated under the settlement had terminated, without demonstrating that people living in the Shelby County Jail are adequately protected from COVID-19.”

Accordingly, the ACLU-TN asked the court to order that the sheriff: 

  • offer adequate educational materials and non-punitive incentives to increase the vaccination rate in the jail;

• provide sufficient socially-distanced out-of-cell time;

• prioritize and expedite release plans for detainees who can be released, and to increase the availability of pretrial release options

• make an effort to adopt the recommendations of the ventilation expert from this lawsuit

Lindsay Kee, director of strategic communications for ACLU-TN, added, “We also asked the court to clarify that its April 9th order does not terminate until a sufficient vaccine education effort has been made, sufficient and regular opportunities to receive the vaccine have been offered, and vaccines have been fully administered in accordance with CDC guidelines, including all doses and aftercare.”