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Friday, March 29, 2013

THE LEGAL SENSEI, TIME TO RECHARGE

  
The alternative to a vacation is to stay home and tip every 

third person you see.  ~Author Unknown 

A new Legal Sensei Post will be arriving in April. The Legal Sensei is tired, and will be taking a vacation on a cruise ship. Not so sure about it, but willing to give it a try. The idea of margarita(s) and lounge chairs somehow sounds really good to me right now. I am hoping that nothing happens like the post I wrote concerning the poo poo sloshing cruise from hell. I guess that would be bad Carnival karma for me.

With all of the events that have happened, for example, baby shootings, improper social media postings of insanely drunk young teenagers getting molested, etc. (be careful how much you drink and share on twitter), there will be a lot of topics waiting to be discussed.

We also have significant legal cases regarding gay marriage, federal benefits, sequestration, medicare cuts, insurance reform, threats from North Korea, the invasion of drones for non-military "observations" in our cities, potential radical changes in alimony laws, rejected plea deals for mass murderers--and the beat goes on and on. Again, as I always do, if there is a topic that you believe should be discussed, feel free to share it with me.

I hope that everybody has a healthy, safe, and happy holiday with their family.  Again, thanks for reading and sharing your thoughts and comments with me.

The Legal Sensei will be back in April.

~Leonardo G. Renaud

Friday, March 22, 2013

TRANSGENDER, DOES ONE BATHROOM FIT ALL?



There is no truth. There is only perception.



~Gustave Flaubert



I may have mentioned in prior posts that I enjoy writing about information that interests me, and hopefully others, because oftentimes the issues I discuss are not emphasized by mainstream media. Since I am not trying to market any particular service, I enjoy the freedom to discuss issues that may be controversial.


I absolutely promise that this post is going to cause some thought provoking discussion. I have already had heated discussions and opinions expressed at home, with my mom, and in my office, and I have not written anything thus far other than this introduction!!!

While skimming through the internet, I found a story about a transgender first-grader.  His name is Coy Mathis. He is six years old. I have to confess that I never knew that a child, at such a young age, could be a transgender person. In my mind, 6 year old children often have very creative minds, childhood quirks, and other developmental issues that cause them to have many different self-perceptions and doubts.  


Can a child believe that he is the opposite sex at the age of 6?


Although, I am somewhat skeptical about a 6 year first-grader being transgender, for the sake of argument, I will rely on the research and information obtained by Coy’s parents. I can only hope and believe that they would not raise a 6 year old child as a transgender person, if they were not 100% sure this is a legitimate fact.


According to Coy’s parents, they sought the assistance of support groups, conducted research, communicated with his pediatrician, and met with a child psychologist. According to all of their fact-finding, Coy’s parents are convinced that they must support Coy’s feelings that he is a girl. 
Quoting, Andrea Rael


Coy was born as a male; however, he identifies and presents himself as a girl. He has been attending Eagleside Elementary School in Fountain, Colorado since 2011.  According to Dan Frosch, Coy is allowed to wear girl’s clothing to school and is referred to as a female, as his parents have requested.



In January of 2013 the school told Coy’s parents that he could no longer use the girl’s bathroom. The school states that it has a bathroom available for Coy in the nurse’s bathroom, the boy’s bathroom, or a staff bathroom. The school’s position is that it has provided reasonable alternatives to Coy, and that there are no Colorado cases which require public schools to permit transgender students to use restrooms of the gender that they believe they are. 


Quoting Attorney W. Kelly Dude, legal counsel for the School District.


The school further believes that Coy’s parents are putting his demands regarding use of the girls’ restrooms over those children (or their parents) who are concerned about a boy using a girls’ bathroom.


For instance, high school students in Mississippi protested after a transgender classmate was permitted to wear women’s clothing. The students felt that their classmate was being given preferential treatment given the school district’s gender-specific dress code for them. 


Quoting, Dan Frosch


Moreover, the School District is concerned that Coy will obviously grow up into a young man, and his use of a girl’s bathroom may increase the girls’ concerns (and those of their parents) that an adolescent male is using the girl’s restroom. It arguably may not be a big deal for a 6 year old to be in a girls’ bathroom, but what about a 16 year old?


The options provided by Coy’s school were not acceptable to Coy’s parents, so they filed a complaint against the school district with the Colorado School District Civil Rights Division. Coy’s parents are attempting to get his school to change its stance. At the moment, Coy is being home schooled with his siblings. Coy’s parents say that they will not return their children to school until Coy is allowed to use the girls’ bathroom.


Quoting, Dan Frosch


Jill Filipovic, in strong defense of Coy’s position, indicates that in the 29 years of using women’s bathrooms, she has never once caught a glimpse of “anyone else’s bare crotch.”


However, this begs the question in my mind, what if a transgender girl who believes she is a male wants to use a male bathroom? Would it be comfortable for her male classmates, or even safe for her? Again, maybe not a big deal at 6 years old, but attitudes about sex can change dramatically as children become adolescents.


Michael D. Silverman, executive director of the Transgender Legal Defense and Education Fund best summarizes the transgender position. He states in pertinent part:


“As we think about education around transgender issues at school, it’s important to remember how much relates to the core mission of schools.”


“In Coy’s case, for instance, [Coy’s] school has the opportunity to teach students a powerful lesson about respect, fair play, tolerance and treating others with kindness. That’s a lesson that all schoolchildren would benefit to learn.”


Colorado offers legal protections for transgender people. There are those who argue that those protections extend to schools, where the mundane rituals of going to the bathroom can be traumatic for transgender students.


Who knows what is right or wrong? There are logical arguments on both sides. Coy’s case is slowly unfolding into a major legal dispute that is going to test the question of whether Colorado’s anti-discrimination laws include the right of a 6 year male to use the girls’ bathroom---and will most likely lead to an avalanche of other cases to be filed depending on the outcome.


~Leonardo G. Renaud

Friday, March 15, 2013

IS YOUR “HOME SWEET HOME,” FLORIDA’S NEXT INSURANCE DISASTER?

“A man travels the world over in search of what he needs and returns home to find it.”
 George Augustus Moore



Jeff Bush was sleeping in his Florida home when his life literally came crashing down around him. The house he was in dropped into the earth. He was swallowed whole by the ground. His peaceful sleep quickly turned into what would be his last nightmare.



Jeff’s life ended in perhaps one of the most troubling ways imaginable.  Resting in the perceived safety of one’s home, and then dropping dozens of feet down into the earth in a pile of concrete, wood, and dirt. 



In a heroic attempt, Jeff’s brother jumped in the sinkhole to try to do anything he could to save his brother—all to no avail. Jeff’s brother’s effort nearly got him killed. His description of the gruesome scene included helplessly watching the bed frame and furniture disappear into the sinkhole, while he faintly heard his brother crying out for help as he was dying.



What caused this catastrophe? It turns out that Florida has an entire set of counties, known as “sinkhole alley” that have very high numbers of sinkholes and a higher risk of potential damages to homes. These areas have become severely devalued due to an onslaught of recent sinkhole litigation. People do not want to buy homes that are located in an “alley” of homes that can disappear into the earth.



At the same time, those who receive settlement money from insurers are taking their settlements and leaving. They have decided that the best plan is to take the money and run. They are not repairing the homes for which they receive settlement money from the insurance companies.  And, those who stick around cannot find buyers.



According to Citizens Property Insurance Corp., which insures more homeowners than any other company in Florida, the following counties are at high risk for sinkhole damage:

·                         Alachua

·                         Citrus

·                         Hamilton

·                         Hernando

·                         Hillsborough

·                         Lake

·                         Manatee

·                         Marion

·                       Pasco

·                       Pinellas

·                       Polk

·                       Seminole

·                       Sumter

·                       Suwannee

·                       Wakulla

·                       Washington





Citizens provides two different types of insurance coverage for sinkhole damage in Florida. One is coverage for Sinkhole Loss Coverage. The other is for Catastrophic Ground Cover Collapse. 



Sinkhole loss is defined in pertinent part “as structural damage to the building, including the foundation, caused by sinkhole activity.” “Sinkhole activity” means settlement or systematic weakening of the earth supporting such property only when such settlement or systematic weakening results from movement or raveling of soils, sediments, or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation.



Catastrophic Ground Cover Collapse is defined in pertinent part as:geological activity that results in all of the following: Abrupt collapse of the ground cover, a depression in the ground cover clearly visible to the naked eye, structural damage to the building, including the foundation, and, the insured structure being condemned and ordered to be vacated by the government agency authorized by law to issue such an order for that structure.”



What???



By reading the above “definitions,” it is easy to see why litigation is going to continue perpetually over whether coverage applies to claimed losses. What exactly is covered is anyone’s guess.



Sinkhole loss coverage has to be purchased separately from residential coverage. Catastrophic Ground Cover Collapse is automatically included in the base policy. Moreover, insurers are aggressively raising premium rates for sinkhole coverage as fast as I am typing this post.



Sinkhole damages are significant because they are causing numerous law suits to be filed against Citizens and other insurers. The average claim by Citizens based on the most recent records is nearly $90,000.00.  Aggressive marketing by private insurance adjusters also drives up costs by encouraging homeowners to file lawsuits. There have also been instances of illegal arrangements between engineers and contractors costing insurers hundreds of thousands of dollars by driving up potential claims.



As per Tampa Bay Times Journalist, Susan Taylor Martin, the most current figures show that Citizens took in $32 million in premiums and incurred $245 million in sinkhole losses.



Although there have been a lot of sinkhole claims, it is believed that Citizens’ drastically contributes to its own losses by opting to “fix” sinkhole repairs itself. The losses are driven up by shoddy work and excessively slow construction by companies hired by Citizens. Companies who are supposed to do construction work, and repair cosmetic damages, such as above the ground cracks, damages to walls, doors, floors, and windows----are routinely doing poor work.  This leads to additional claims by policyholders.

Quoting, Susan Taylor Martin.




Every time I hear about an incident involving an unusually tragic accident, I always think to myself, “there but for the grace of God go I.” The issues related to Jeff Bush’s story should be shared with others who—like me—never heard that this type of accident was even possible. Who knew that Florida was a place where people live daily on the verge of natural catastrophe aside from hurricanes?



~Leonardo G. Renaud