One Voyeur suit settled, another set for trial
A lawsuit filed by Rosauro Nery, who claims a man jumped from the second floor of Voyeur Nightclub and landed on him, has been settled.
On Dec. 10, Edith A. Pearce, an attorney for Nery, filed a document in Philadelphia Common Pleas Court, officially settling the case.
Specific details about the settlement were unavailable.
A jury trial would have been Dec. 7.
The incident allegedly took place around 2 a.m. July 8, 2012, at the nightclub, located at 1221 St. James St. Abdel Youssef allegedly jumped from the second floor and landed on Nery, who was on the first-floor dance floor, according to court records.
Youssef couldn’t be reached for comment.
Nery allegedly suffered serious injuries to his head, neck, chest, ribs, sternum and back. According to Nery’s complaint, he acted prudently during the incident, and didn’t contribute in any manner to his injuries.
Pearce had no comment for this story.
Christopher J. Pakuris, an attorney for Voyeur, said a “minimal fee” was paid to settle the case. “This was a frivolous lawsuit, and a minimal fee was paid to dispose of the matter,” Pakuris said.
In another case involving Voyeur, a trial date has been set for the spring. Kelly Martin, a South Philadelphia woman, is suing the club after falling inside the building and sustaining serious injuries.
Jury selection is scheduled for 10 a.m. May 2 in Room 646 of City Hall, with Common Pleas Judge Lisa M. Rau presiding.
In July 2012, Martin fell inside Voyeur, allegedly due to slippery conditions caused by an accumulation of liquid, glass and debris. She sustained fractures to her right arm, requiring extensive surgery, according to her lawsuit.
She’s seeking more than $50,000 in damages, claiming the club operated in a dangerous manner.
The popular nightspot, located at 1221 St. James St., has a large LGBT clientele.
Deadlines in the case were extended due to a medical procedure that Martin required, according to court records.
City settles gay cop case for $60K
The city recently paid $60,000 to settle the antibias lawsuit of Officer N. Melville Jones, who alleged antigay harassment within the Philadelphia Police Department.
Jones, a 17-year police veteran, claimed a supervisor outed him, triggering pervasive antigay workplace bias and harassment.
Under the settlement, the city paid Jones $5,000 in compensation. Gerald J. Pomerantz & Associates, the law firm representing Jones, received $55,000 from the city. A component of the settlement requires enhanced LGBT training for all Philadelphia police officers. Currently, LGBT training at the police department is generally limited to new cadets.
“The Philadelphia Police Department will collaborate with an LGBT organization to develop sensitivity training, according to best practices,” Pomerantz said in an email. “We are awaiting implementation and advice.”
Mark McDonald, a spokesperson for Mayor Nutter, had no comment for this update.
Oral arguments held in Blatt case
Oral arguments were held last week in the federal lawsuit of trans woman Kate Lynn Blatt, who claims anti-trans bias while working at Cabela’s Inc.
On Dec. 9, both sides in the dispute presented arguments before U.S. District Judge Joseph F. Leeson Jr. in Allentown.
Blatt claims Cabela’s discriminated against her due to her disability — gender dysphoria — by denying her access to a female restroom and a female name tag.
But Cabela’s claims the Americans With Disabilities Act specifically excludes coverage for gender dysphoria, unless a claimant can prove his or her disorder has a physical cause.
Blatt contends the ADA’s exclusion of gender-identity disorder violates her right to equal protection under the law. She wants the GID exclusion declared unconstitutional.
As of presstime, Leeson hadn’t ruled on the dispute.
“I’m gratified that [Leeson] gave thoughtful attention to the arguments for striking the [GID] exclusion, and hopeful that we’ll see the right outcome,” said Jennifer Levi, Transgender Rights Project Director at Gay & Lesbian Advocates & Defenders (GLAD).
Attorney Kevin M. Barry attended the hearing and spoke against the ADA’s GID exclusion. Barry represents six LGBT advocacy groups that support Blatt’s right to pursue a disability-discrimination claim against Cabela’s.
Blatt worked as a seasonal stocker at Cabela’s outlet in Hamburg between September 2006 and March 2007. The retail chain specializes in outdoor sports items.
In addition to her disability-discrimination claim, Blatt is also pursuing sex-discrimination and retaliation claims against Cabela’s.
In court papers, Cabela’s denied any wrongdoing in the matter. The company claimed Blatt was properly dismissed after threatening a co-worker’s child — an allegation that Blatt vehemently denies.
The ADA protects people with disabilities from discrimination in private employment, public accommodation and governmental services.
— Timothy Cwiek
Materials sought for new AIDS Library branches
The AIDS Library is opening its own branches at three Philadelphia FIGHT locations in the new year and wants people to help stock its shelves.
The library has assisted other organizations to develop health literacy collections, and is now preparing to operate locations at the Institute for Community Justice on Chestnut Street, Youth Health Empowerment Project on Locust Street and the Critical Path Project on Locust Street.
People who would like to donate books or DVDs to the library can find a list of requested items by visiting http://ow.ly/VS7OL.
Materials covering race, resumes and transgender resources among other topics are requested.
For more information, visit www.aidslibrary.org.
— Paige Cooperstein