North Dakota Human Rights Coalition
Working to effect change so that all people in North Dakota enjoy full human rights
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North Dakota Human Rights Coalition Working to effect change so that all people in North Dakota enjoy full human rights |
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~North Dakota Human Rights Coalition~ PAUR Report
Programs ~ Announcements ~ Updates ~ Resources
Visit our Website at www.ndhrc.org
August 25, 2004
Hello members and friends of the North Dakota Human Rights Coalition!
In this week’s PAUR Report:
Announcements 1) Press Release: Order Issued in Class Action Lawsuit Against the North Dakota Department of Labor
Newspaper Articles 2) The Forum (Fargo), Jason Loos letter: King’s influence larger than state 3) The Forum (Fargo), Desiree Montonye letter: Writer an ignorant, uneducated racist 4) The Forum (Fargo), Wade C. Maroney letter: Letter filled with bigotry and hatred 5) The Forum (Fargo) article regarding the proposed constitutional amendment to prohibit gay marriage or civil unions in North Dakota 6) The Forum (Fargo), Restaurant owners still behind bars 7) Bismarck Tribune, Charles Conrad, an expert in mental health, dies 8) The Forum (Fargo), Senior citizens, disabled protest at City Hall 9) The Forum (Fargo), YMCA member jailed for hitting man with weight 10) Bismarck Tribune, No place to call home
Events 11) Special Bismarck Human Relations Commission Meeting, September 2, Bismarck
Reminders 12) New Personal Narratives of Discrimination in North Dakota Featured on NDHRC Web Site 13) PSA: Volunteers Needed for Get Out and Vote Project 14) Press Release: Tribal Summit to Focus on Putting Vision Into Action 15) Applications Invited for Soros Fellowships for New Americans 16) Development Disabilities Council Consumer Member Vacancy 17) The Forum and wire reports, Center accepts program applications 18) 2004 NDHRC Conference Highlights, November 5 & 6, 2004, Bismarck
********************************************* Announcements *********************************************
1.) Press Release: Order Issued in Class Action
Lawsuit Against the North Dakota Department of Labor August 24, 2004 FOR IMMEDIATE RELEASE Contact: Cheryl Bergian (701) 239-9323
Order Issued in Class Action Lawsuit Against the North Dakota Department of Labor
Fargo - District Court Judge, Douglas R. Herman, Fargo, has issued an order (August 23, 2004) in the class action lawsuit for failure to enforce the North Dakota Human Rights Act initiated by the North Dakota Human Rights Coalition and others against the North Dakota Department of Labor.
Judge Herman’s order certifies one class of people potentially injured by the North Dakota Department of Labor’s failure to act appropriately under the ND Human Rights Act, and states that relief for other complainants may be available through resolution of individual Plaintiffs’ complaints. The certified class is for people who have filed complaints but who have not received probable cause determinations.
In the Order, Judge Herman says “. .. It is uncontested that the Department has held no administrative hearings . . . Moreover, despite scores (hundreds?) of charges being filed, the Department has only issued probable cause notices to eight (8) claimants . . . This pattern of inaction, even if from a lack of funding/staffing, is contrary to the legislative mandate and the remedial nature of the North Dakota Human Rights Act . . .” The policy of the state, under the Human Rights Act is to prohibit, prevent and eliminate illegal discrimination.
“It’s clear that Judge Herman is most concerned about the Department’s pattern of inaction on complaints and the existence of very few probable cause determinations over the years. The North Dakota Department of Labor is the enforcement agency for discrimination complaints in North Dakota,” said Cheryl Bergian, Director of the North Dakota Human Rights Coalition.
According to Mark Schneider, attorney for the Plaintiffs, “Judge Herman’s order is a scholarly, measured, and balanced decision. The Court recognized the importance of the North Dakota Human Rights Act and the Department’s role in enforcing it. While the Court specifically noted the “pattern of inaction” of the Department, the Court nonetheless gave every indication that it assumes and expects the Department to show the Court that it has the resolve and the ability to do better. This provides an excellent opportunity to the newly appointed Department of Labor Commissioner to embrace her responsibilities under the Human Rights Act and to demonstrate to the Court and the citizens of North Dakota that her Department will breathe life into the promise of human rights. It also represents an excellent opportunity for the Plaintiffs to work with the Commissioner to implement Judge Herman’s order for the benefit of all. We look forward to working with the new Commissioner to that end.”
“The past Labor Commissioner said that he was committed to the enforcement of the North Dakota Human Rights Act, but his actions did not match his words,” Bergian continued. “This lawsuit will require the Department of Labor’s Division of Human Rights to do the work that the North Dakota Human Rights Act mandates be done. We hope that the new Labor Commissioner, Leann Bertsch, will review the court’s decision and the Department’s history in this area and that we will see the enforcement of the state’s anti-discrimination law become a reality. We look forward to developing a cooperative relationship with the new Labor Commissioner toward that goal.”
The NDHRC is a diverse group of approximately 30 organizations, with additional individual members, all of whom embrace the mission of the NDHRC, to: “work to effect change so that all people in North Dakota enjoy full human rights.” More information on the North Dakota Human Rights Coalition can be found at www.ndhrc.org.
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2.) The Forum (Fargo), Jason Loos letter: King’s influence larger than state
Jason Loos letter: King's influence larger than state
In response to the recent letters opposing naming a street after Martin Luther King:
It is true King never visited North Dakota, but this does not mean he did nothing for the people of our state. King was largely responsible for ending segregation and changing the course of our country. His nonviolent protests that were met with government violence opened up our nation's eyes to the struggles of African Americans.
Jason Loos
Grand Forks, N.D.
<snip>
View online article here
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3.) The Forum (Fargo), Desiree Montonye letter: Writer an ignorant, uneducated racist
Desiree Montonye letter: Writer an ignorant,
uneducated racist
Ignorant, uneducated, misinformed, racist, prejudiced, idiot. Those are only a few of the printable words that come to mind after reading the letter written by Dan Cvijanovich on Aug. 10.
As a white member of this "overwhelmingly white community," as Cvijanovich writes, with "white traditions and values," whatever they are, I am outraged at his uneducated comments regarding Martin Luther King, but mostly by his blatant ignorant racial undertones. Most of his comments do not even deserve time or rebuttal.
My advice to Cvijanovich: go to school, get an education, not training in a specific field, but an education. You know, some philosophy, some real history, cultural affairs, politics, religions, sociology, psychology. Some accurate information instead of that neo-Nazi propaganda you've obviously been reading. Yes, you heard me. I spent enough time working with neo-Nazis, skinheads, etc., and what he wrote is exactly what's in their pamphlets.
Some ignorant readers may sympathize with his viewpoint, but the majority of residents of this community see right through his rhetoric. Go ahead, Fargo, I can't wait to drive down Martin Luther King Street/Avenue.
P.S.: He seems to consider himself a "serious American patriot," but considering his name, one would wonder how long his family has been here. My ancestors settled the colony of New Amsterdam. Do I wear that on my sleeve and think I am more American? No, never. Bottom line, no one has more "rights" to "serious American patriotism," especially not someone with such intolerance as he. This country is known for its diversity and Fargo needs more of it.
Desiree Montonye
Fargo
<snip>
View full article here
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4.) The Forum (Fargo), Wade C. Maroney letter: Letter filled with bigotry and hatred
Wade C. Maroney letter: Letter filled with bigotry
and hatred
When I read the letter from Dan Cvijanovich (Aug. 10), my jaw dropped. His extreme bigotry and condescending comments about Martin Luther King were nothing but racial hatred towards a man of peace.
When the cities of Seattle and Tacoma, Wash., renamed streets in King's honor, people recognized and understood what a great gesture this was towards paying tribute to an important person, not only for the black population, but to persons of all color. Cvijanovich's comment of this community having "white traditions and values" takes a huge step back towards Jim Crow laws. He should be aware that his ignorance towards race does not justify a means towards an end, and that North Dakota has a long way to go in recognizing race relations.
I would suggest observing cultures in different parts of the country, to get away from his "overwhelmingly white community."
Wade C. Maroney
Fargo
<snip>
View full article here
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5.) The Forum (Fargo) article regarding the proposed constitutional amendment to prohibit gay marriage or civil unions in North Dakota
The NDHRC Board of Directors has established a position on the proposed anti-gay marriage constitutional amendment. The position and proposed amendment is as follows:
The North Dakota Human Rights Coalition opposes the proposed North Dakota constitutional amendment to prevent the recognition of marriage or civil unions for same-sex couples.
The NDHRC supports full civil rights for all residents of North Dakota, including gay/lesbian/transgender/bisexual residents of our state. Neither enshrining discrimination in our Constitution nor stripping families of basic protections would serve our state’s best interest. The North Dakota Constitution protects and ensures equal treatment for all people. It should not be used to single out a group of people for harmful and detrimental treatment.
The information that the NDHRC Board of Directors used to adopt this position is available on the NDHRC web site at http://www.ndhrc.org/Goals/NDHRAct/GayMarriageAmmendmentPosition.htm.
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Family Alliance won’t debate
The North Dakota Family Alliance will not take part in a public debate Monday about same-sex marriage.
The Family Alliance, which is sponsoring an initiative to ban gay marriage in the state, declined a request by the Fargo Human Relations Commission to participate in the community dialogue.
Fargo Human Relations Commission members will decide by noon today whether to invite another party to the debate, planned for 7 to 9 p.m. Monday at Fargo’s Ramada Plaza Suites, or to postpone the forum until after the commission’s Sept. 1 meeting.
“I think with a dialogue like this the most important thing is to have both sides,” Dan Mahli, the commission’s city liaison, said Tuesday. “They proposed the amendment. ... We thought it would be natural to host a community dialogue with them.”
The Rev. Steve Kindle, executive director of Clergy United for Equality of Homosexuals, was to be the main speaker against the proposed constitutional amendment, which would define marriage as a union between a man and a woman.
Kindle, a North Dakota native who lives in California, had offered to speak on the subject. John Trombley, chairman of the Family Alliance, said the group did not believe Kindle’s viewpoints lined up with the vast majority of North Dakotans.
<snip>
View full article here
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6.) The Forum (Fargo), Restaurant owners still behind bars
Restaurant owners still behind bars
GRAND FORKS, N.D. -- Two Asian restaurant owners accused of harboring illegal aliens remain in jail.
U.S. Magistrate Alice Senechal denied bond for Yun Di Lu during a detention hearing on Friday. Hong Peng waived her rights to a detention hearing and preliminary hearing on Thursday. Senechal ordered her to remain in custody pending a grand jury hearing.
The two owners of the Buffet House were arrested last week and accused of using the illegal aliens in a scheme involving 10 people living in one apartment, working 70-hour weeks for food and meager pay.
<snip>
View online article here
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7.) Bismarck Tribune, Charles Conrad, an expert in mental health, dies
Charles Conrad, an expert in mental health, dies By Tom Rafferty Bismarck Tribune – 08/17/2004
ARLINGTON, Va. -- Charles O. Conrad, a Democrat activist known for his work in mental health and education, died following a stroke Saturday in a hospital here at the age of 80. Conrad was raised in Bismarck where he was president and business manager of the family-owned Conrad Publishing Co. from 1948 to 1975. The company owned the Mandan Pioneer from 1963 to 1975.
Most recently, Conrad was the executive director of Organizations Concerned about Rural Education, a coalition of 25 national organizations. Since 1991, Conrad led the organization's efforts to bring modern telecommunications to rural areas and to increase federal funding for modernizing and constructing rural schools.
Former Gov. Bill Guy said Conrad was one of the most important of his advisers during his 12 years as governor.
Conrad served as chairman of Guy's transition team in 1960 and 1962 and also served as president of the North Dakota Mental Health Association.
"His experience in the mental health field was tremendous," Guy said.
According to Guy, Conrad helped reduce the resident population of the State Hospital from 2,800 to 600 in the years Guy was governor by regionalizing outpatient care to eight districts throughout the state.
<snip>
View full article here
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8.) The Forum (Fargo), Senior citizens, disabled protest at City Hall
Senior citizens, disabled protest at City Hall
Arriving in a stretch limousine Monday, protesters stepped onto the sidewalk in front of Fargo City Hall with a message:
“The Fargo City Commission does not treat citizens fairly,” signs read.
Some protesters quietly walked the sidewalk, holding the signs and American flags.
Others stood behind walkers or sat in lawn chairs near the ramped City Hall entrance, with signs that read “One day you will be old too, or disabled.”
Bruce Brovold, a resident of the Fargo High Rise and once a candidate for the commission, led a group of about 10 senior and disabled residents in a protest while Mayor Bruce Furness unveiled the 2005 budget inside.
“I wanted to show the city we are just like the well-to-do,” Brovold said.
He said money talks, and commissioners have not treated all businesses or residents the same. Brovold and others who live at the high rise say the commission is not addressing their concerns about sidewalk safety and a list of other issues.
Brovold has raised his concerns during commission meetings and in letters to the editor.
But he said he realized after a July commission meeting that he was not being heard. He gathered his neighbors for the protest he hopes prompts residents to write the mayor or commissioners.
<snip>
View full article here
*********************************************
9.) The Forum (Fargo), YMCA member jailed for hitting man with weight
YMCA member jailed for hitting man with weight
A Fargo man will serve jail time for hitting a weightlifter in the head with a dumbbell at the downtown YMCA.
Christopher Allen Kluck, 22, 64 4th St. N., pleaded guilty Monday in Cass County District Court to felony aggravated assault for striking 53-year-old Michael Rognlien in February. The two men had been arguing about clearing a barbell when Kluck picked up a 3-pound weight and hit Rognlien from behind, witnesses said.
The blow momentarily knocked out Rognlien, who told police he last remembered picking up his gym bag to leave the weight room.
East Central District Judge Frank Racek sentenced Kluck Monday to 90 days in jail, followed by two years of supervised probation.
Earlier, defense attorney Monty Mertz said Kluck believed he had to defend himself and that his client’s mental problems, which include schizophrenia and anxiety, influenced his actions. Mertz also said Rognlien provoked his client.
Assistant State’s Attorney Mark Boening said Kluck can’t blame his mental problems if he quits taking medication and misses appointments, which Kluck has done in the past. Boening recommended Racek send Kluck to prison for two years and follow that with two more years of supervised probation.
<snip>
View full article here
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10.) Bismarck Tribune, No place to call home
No place to call home
Bismarck Tribune – 08/15/2004
<snip>
View full article here
********************************************* Events *********************************************
A calendar of events for August is available on the NDHRC web site here.
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11.) Special Bismarck
Human Relations Commission Meeting, September 2, Bismarck
When: Thursday, September 2, 2004 Time: 2:00 p.m.-4:00 p.m. Where: 1st Floor Conference Room in the City/County Building, 221 N. 5th Street in Bismarck, ND
Agenda: Call To Order Roll Call Introduction of Special Guest:
Ms. Silke Hansen, Senior Conciliation Specialist for the United States Department of Justice, Denver Regional Office
Public Input/Comment Period
Ms. Hansen is interested in learning more about human relations and race relations in the Bismarck community.
The Bismarck Human Relations Committee Welcomes Your Participation and Comment.
Call Kameran Ali, Chairman, Mayor’s Committee on Human Relations at 701-226-4724 for more information or to request special accommodations.
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12.) New Personal Narratives of Discrimination in North Dakota Featured on NDHRC Web Site
The North Dakota Human Rights Coalition is currently interviewing people in North Dakota who have experienced discrimination to document those experiences.
Our focus is on discrimination involving:
These personal stories are being posted to our web site regularly and can be viewed here.
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13.) PSA: Volunteers Needed for Get Out and Vote Project
For
Immediate Release
*********************************************
14.) Press Release: Tribal Summit to Focus on Putting Vision Into Action
United
Tribes Technical College News
BISMARCK, ND - Tribal leaders and public officials will be talking about what it takes to go from ideas to action when they gather for the Eighth Annual United Tribes Intertribal Council Summit.
The conference is scheduled for September 7-9 in Bismarck with the theme “Putting Visions Into Action.” United Tribes Technical College sponsors the event, held in conjunction with the United Tribes International Powwow.
“The act of visioning is important in tribal life and in the leadership functions of the mainstream,” said UTTC President David M. Gipp. “Perhaps the more difficult step is to put our ideas into action. It’s important to learn on how that occurs and hear from those who’ve been successful at it.”
In the past, summit meetings have focused on economic issues for tribes, said Gipp. Presenters at these sessions will touch on a wide range of interests including tribal participation in the upcoming election, transportation, federal taxation in Indian Country, federal program assessment rating tools, economic development, gaming, tourism, and other intertribal issues. Scheduled keynote speakers include Norm DeWeaver, Indian and Native American Employment and Training Coalition, Anchorage, AK, Sandy K. Baruah, EDA Deputy Assistant Secretary of Programs Operation, Washington, DC, and Robert E. Olson, EDA Regional Director, Denver, CO.
North Dakota Governor John Hoeven, Indian Affairs Commission Director Cheryl Kulas and other state officials, along with Bismarck Mayor John Warford, Mandan Mayor Ken LaMont and members of the state’s Congressional Delegation are scheduled for presentations on Tuesday afternoon, September 7.
Other presenters include Tex Hall, Chairman of the Mandan, Hidatsa, Arikara Nation and President of the National Congress of American Indians, and other tribal leaders including Chairman Charles Murphy, Standing Rock Sioux Tribe, Chairman Valentino White, Spirit Lake Tribe, Chairman James C. Crawford III, Sisseton-Wahpeton Sioux Tribe, and Chairman Leon Morin, Turtle Mountain Band of Chippewa.
The 2004 summit begins one day earlier than last year, on Tuesday, September 7. Registration opens at 8 a.m. The conference opening ceremony is set for 1 p.m.
The summit concludes Thursday, September 9 with policy discussions and the formation of resolutions by the United Tribes of North Dakota Board.
Early bird registration is available at $250 per person until August 20. Pre-paid registrations at $300 will be taken until September 3. Onsite registration at the time of the conference is $350.
Summit meetings take place at the Best Western Doublewood Inn, 1400 East Interchange Avenue, (exit 159 & I-94). A reception with gubernatorial candidate Joe Satrom as guest speaker is scheduled for Wednesday, September 8 at 6 p.m. at the North Dakota Heritage Center.
To obtain a copy of the agenda and other information, or to register, contact Wes Long Feather, 701-255-3285 x 218 or visit the college website www.uttc.edu.
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15.) Applications Invited for Soros Fellowships for New Americans
Deadline:
November 1, 2004 *********************************************
16.) Development Disabilities Council Consumer Member Vacancy
The Governor's Office is working on filling a consumer member vacancy on the Developmental Disabilities Council and would like to have more candidates to consider, especially names of consumers residing outside of the Bismarck area.
If you are
aware of persons with a developmental disability who do not live in Bismarck and
who are interested in D.D. Council membership, please encourage them to submit
an application to the Governor's Office for consideration. For application forms or if you have any questions or need any assistance contact Thomas D. Wallner at sowalt@state.nd.us or call (701) 328-8953.
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17.) The Forum and wire reports, Center accepts program applications
Center accepts program applications
The Dakota Center for Independent Living, Bismarck, is accepting applications for the North Dakota Partners in Policymaking program which begins in September.
The program will train people with disabilities and parents of children with disabilities in effective strategies for successful advocacy.
The free program includes motel room, meals, travel and child care.
For more information, call Joyce Smith at (800) 489-5013 or email at joyces@dakotacil.org.
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18.) 2004 NDHRC Conference Highlights, November 5 & 6, 2004, Bismarck
The second annual North Dakota Human Rights Coalition Conference, “Human Rights: Economic Impact of Discrimination,” will be held at 1:30 p.m., Friday, November 5 and close at 4:30 p.m., Saturday, November 6, 2004. The conference will be held at the Best Western, Ramkota Hotel, 800 South Third Street, Bismarck, ND.
This year’s keynote speaker is the honorable Chairman Tex Hall of the Three Affiliated Tribes and President of the National Congress of American Indians. Chairman Hall will give his address on Friday evening.
The goal of the conference is to bring together people from throughout North Dakota including representatives from grassroots organizations, private-sector businesses, state agencies and the legislature to explore and discuss progress and challenges, with an emphasis on practical applications of human rights relative to discrimination and its impact on economic structures.
The NDHRC encourages community and Tribal leaders, support and advocacy organizations, state legislators, elected officials in city government, state agency and reservation civil rights and human resource officers, union officers, professional development or technical assistance employees, human service employees, human rights advocates, and all individuals with an interest in human rights to attend.
The Conference program will have two major elements. Plenary sessions present information and diverse perspectives on the economic impact of discrimination and breakout sessions discuss important and emerging economic and human rights issues, and current challenges, access and use of human rights standards.
Other conference opportunities will include: a networking and membership meeting to enable individuals to learn more about the North Dakota Human Rights Coalition, and how to work together on common issues beyond the conference; resource tables to provide an opportunity for people to learn more about local human rights related organizations and resources; and a social event to provide a relaxed setting for establishing professional contacts, greeting friends, and making new friends.
We will be posting registration and additional conference information on our website at www.ndhrc.org in the near future.
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***Member Reminder*** Please keep us in mind for your group or church social action/social justice meetings! We’d be happy to provide a presentation at a meeting or provide newsletter articles for your organizations.
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Do you have a Program, Announcement, Update or Resource that you would like shared on our weekly PAUR report? If so, please send an email to AndreaDeegan@NDHRC.org and we will do our best to accommodate you.
If you are not yet a member of NDHRC, what are you waiting for? Sign up now! The membership form is available on line at http://ndhrc.org/membership_form_revised.htm.
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North Dakota Human Rights Coalition P.O. Box 1961 Fargo, North Dakota 58107-1961 Phone: (701) 239-9323 Fax: (701) 478-4452 Email: humanrights@ndhrc.org
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