Happy Anniversary

Perhaps you saw this image floating around on the Facebooks this week.  Not only is same-sex marriage the right thing to do from a civil rights perspective, but it’s good for business. Treating fellow citizens like equals is really something of a no-brainer, and it’s important to note that the biggest homophobic, anti-SSM group, the “National Organization for Marriage” has decided that the best strategy is to pit African American voters against the LGBT community, and to go back to the “Obama radical” well, which has been dry for some time. 

I’ve come to the personal conclusion that one’s support of same-sex marriage is tantamount to a test of intelligence. A gay couple getting married has no bearing whatsoever on anyone else. It’s simple but true to say that if you don’t like same-sex marriage, don’t get one. Religious freedom and your own conscience do not, however, deserve to be codified as a prohibition on others’ behavior. 

Just because certain Jewish people keep Kosher, doesn’t mean every grocery store and restaurant has to follow those laws. 

And so it is, a year later, there’s a lawsuit pending brought by same-sex marriage opponents, and the execrable patronage mill called the “Conservative Party” has made repeal of the act a mission. 

As we celebrate the anniversary of this victory for civil rights and common sense, don’t forget the local electeds who would have denied this basic right to LGBT couples. 

Assembly

Robin Schimminger, Jane Corwin, Dennis Gabryszak

Senate

Michael Ranzenhofer, Pat Gallivan, George Maziarz

It’s Legally OK to be Gay

Pride flag is raised!

Photo by Flickr user Whitney Arlene

Defamation – and its synonyms “slander” (spoken defamation) and “libel” (published defamation) – is generally defined as a false statement of fact that causes harm to a person and his reputation.  Obviously, its more complicated than just that, and the law is different if you’re a public figure or a private person. 

In New York, “a statement has defamatory connotations if it tends to expose a person to ‘public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, or to induce an evil opinion of [a person] in the minds of right-thinking persons.'”  A plaintiff suing for slander must show that he has suffered damages unless the alleged statement is considered slander per se

Slander per se, until recently, included “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that [a] plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman”… the Appellate Division Departments, including this Court in dicta, have recognized statements falsely imputing homosexuality as a fifth per se category.”

Because of changing social perceptions and changes in both federal and state laws concerning homosexuality, the New York State Supreme Court Appellate Division, Third Department recently ruled that the inclusion of homosexuality among the per se categories imputed some sort of shame or disgrace, and ruled that it would no longer be considered defamatory per se. 

This little, barely-noticed ruling, is yet another step in the massive societal shift that has been taking place over the last several decades whereby homophobia has gone from being the statutory norm to, itself, a subject of shame and sometime criminality. While the people who rely on, and profit from, hatred and fear are having their last gasp, at least in New York State, we can say we’re doing the right thing. 

It's Legally OK to be Gay

Pride flag is raised!

Photo by Flickr user Whitney Arlene

Defamation – and its synonyms “slander” (spoken defamation) and “libel” (published defamation) – is generally defined as a false statement of fact that causes harm to a person and his reputation.  Obviously, its more complicated than just that, and the law is different if you’re a public figure or a private person. 

In New York, “a statement has defamatory connotations if it tends to expose a person to ‘public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, or to induce an evil opinion of [a person] in the minds of right-thinking persons.'”  A plaintiff suing for slander must show that he has suffered damages unless the alleged statement is considered slander per se

Slander per se, until recently, included “statements (i) charging [a] plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that [a] plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman”… the Appellate Division Departments, including this Court in dicta, have recognized statements falsely imputing homosexuality as a fifth per se category.”

Because of changing social perceptions and changes in both federal and state laws concerning homosexuality, the New York State Supreme Court Appellate Division, Third Department recently ruled that the inclusion of homosexuality among the per se categories imputed some sort of shame or disgrace, and ruled that it would no longer be considered defamatory per se. 

This little, barely-noticed ruling, is yet another step in the massive societal shift that has been taking place over the last several decades whereby homophobia has gone from being the statutory norm to, itself, a subject of shame and sometime criminality. While the people who rely on, and profit from, hatred and fear are having their last gasp, at least in New York State, we can say we’re doing the right thing. 

Niagara Falls’ Last Ditch Effort

Rainbow II

Rainbow II by Flickr User Nykino

Attention recent college graduates: Niagara Falls wants you!

Desperate for its population to stay above 50,000, Niagara Falls is starting a modest pilot program – using Federal urban renewal funds – to attract 20 young recent college graduates to come live there for at least two years in a particular area of the city near the Seneca Niagara Casino.  After a year of residency, each would receive $3,500 for student loan payments. 

Industry has been leaving the city for decades, and economic activity on the American side of the Falls is hamstrung by a chicken/egg scenario: tourists don’t much leave the state park because of the blight, and the blight won’t improve unless people go downtown or leave the casino and spend money. The News article about this program says city leaders want to create an “Elmwood Avenue North” relying on recent grads to attract the sorts of business at which they’d spend money.

Niagara University is considering opening a downtown branch, and the NCCC Culinary Institute is under construction, ready to bring another 500 students to downtown when it opens. 

It’s an innovative subsidy, and perhaps a sign of desperation, but Niagara Falls, NY has been in desperate straits for a very long time indeed – a city known now as the dowdy American comparative to the attractive, bustling, gorgeously maintained Canadian side; an America paved not with gold, but with depleted uranium

Attracting young employed people to, in essence, jump-start a gentrification of Niagara Falls may very well be that city’s last, best hope. 

After all, as much as any place in western New York, this place truly matters

Niagara Falls' Last Ditch Effort

Rainbow II

Rainbow II by Flickr User Nykino

Attention recent college graduates: Niagara Falls wants you!

Desperate for its population to stay above 50,000, Niagara Falls is starting a modest pilot program – using Federal urban renewal funds – to attract 20 young recent college graduates to come live there for at least two years in a particular area of the city near the Seneca Niagara Casino.  After a year of residency, each would receive $3,500 for student loan payments. 

Industry has been leaving the city for decades, and economic activity on the American side of the Falls is hamstrung by a chicken/egg scenario: tourists don’t much leave the state park because of the blight, and the blight won’t improve unless people go downtown or leave the casino and spend money. The News article about this program says city leaders want to create an “Elmwood Avenue North” relying on recent grads to attract the sorts of business at which they’d spend money.

Niagara University is considering opening a downtown branch, and the NCCC Culinary Institute is under construction, ready to bring another 500 students to downtown when it opens. 

It’s an innovative subsidy, and perhaps a sign of desperation, but Niagara Falls, NY has been in desperate straits for a very long time indeed – a city known now as the dowdy American comparative to the attractive, bustling, gorgeously maintained Canadian side; an America paved not with gold, but with depleted uranium

Attracting young employed people to, in essence, jump-start a gentrification of Niagara Falls may very well be that city’s last, best hope. 

After all, as much as any place in western New York, this place truly matters

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