Gay-Straight Alliance Club Prohibited at Swansboro High School, Onslow County -- In April 2009, we were contacted by students in the Onslow County School System (OCSS) concerning their difficulty in starting a Gay-Straight Alliance student organization (GSA) at Swansboro High School. The students advised us that they are interested in forming this student organization in order to combat anti-gay harassment and discrimination and to educate the school community about the importance of equality and tolerance for diversity. Further, the students informed us that OCSS may be utilizing internet filtering software for school computers that improperly censor websites advocating the fair treatment of lesbian, gay, bisexual, and transgender (LGBT) persons. Finally – and incredibly – one of the students approached a school official to ask about forming a GSA and to report anti-gay harassment by other students, and in response, this very school official subjected the student to anti-gay harassment. As such, we sent a letter to the Onslow County school board attorney on May 5, 2009, advising the school district of its obligations under the Equal Access Act and seeking documents about their web filtering software. On May 28, 2009, the school board attorney advised us that “a student request to start a Gay-Straight Alliance Club will be provided the same access to school resources and privileges, and subject to the same school rules and procedures applicable to non-curriculum clubs.” We recently received documents responsive to our public records request and are currently reviewing those documents.

Racially Segregated Assemblies at Dillard Drive Middle School in Raleigh -- On Tuesday, December 4, 2007, Dillard Drive Middle School Principal Teresa Abron forced all African-American and Hispanic students from seventh grade classes to attend segregated assemblies following an altercation that morning between an African-American student and a Hispanic student. The school district indicated repeatedly that it planned to take no action to ensure that this type of discrimination does not occur in the future. Further, the principal was quoted by the press as stating that she would take the same action again. Accordingly, we represented two parents in filing a complaint with the Department of Education, Office of Civil Rights (“OCR”). Even after mediation, the school district refused to resolve the matter. We are excited to announce that on February 26, 2009, OCR issued its “Letter of Findings” in this case. In the Letter of Findings, the OCR stated that “there is sufficient evidence to find that the District did, in fact, treat students differently based on their race when School administrators made the decision to require African American and Hispanic students to attend two separate assemblies based on their race.” In response to the findings, the school district has agreed to issue a public apology school-wide and has also agreed in writing never to repeat the actions of 12/4/07. This acknowledgment will appear in Wake County Public School System’s permanent OCR record.

NC DMV Issuing Incorrect Driver’s Licenses to Legal Immigrants -- In early November 2008, NC Justice Center Staff Attorney Jack Holtzman contacted us, seeking participation in challenging the North Carolina DMV’s current policies regarding issuing driver’s licenses to legally present refugees and asylees. Specifically, although these legally present immigrants are working and taxpaying residents of North Carolina, they are prohibited under the NC DMV’s current policy from obtaining the same regular duration drivers licenses, as are provided to similarly situated U.S. citizens and Legal Permanent Residents (“LPRs” or “Green card” holders). The NC DMV’s previous policy allowed refugees and asylees to prove their identity through a variety of acceptable documents and did not restrict the duration of their driver’s license to a period shorter than that provided to U.S. citizens or LPRs. However, at some time subsequent to the issuance of that 2007 policy guidance, NC DMV changed its policy so that only an Employment Authorization Document (EAD) will now be accepted as proof of identification by NC DMV staff as part of the application process for refugees and asylees. However, the NCDMV does not appear to be either required or authorized under applicable state or federal law or regulation to restrict the duration of a refugee’s or asylee’s drivers license, based upon the one-year expiration date listed on the EAD. Consequently, the NC Justice Center and the ACLU-NCLF sent a joint letter to NC DMV on November 21, 2008, asking NC DMV to a) revise its policy to “decouple” its proof of identity documents requirement from the procedure in which the NC DMV establishes the duration of each refugees and asylees respective drivers license; b) issue written policy guidance to all NC DMV office regarding the change in policy; and c) establish and implement a process in which all refugees and asylees who have been improperly assigned a limited-duration North Carolina drivers license can exchange their limited duration license for a regular duration license, as currently provided to United States citizens and LPRs, without any related cost to the refugee or asylee. On March 10, 2009, Jack Holtzman and ACLU-NCLF Legal Director Katy Parker met with officials from the Attorney General’s office regarding this matter. At the meeting, those officials expressed a willingness to resolve this matter informally.

Beaufort County Anti-Immigrant Efforts -- The Beaufort County Board of Commissioners is currently leading the state in terms of anti-immigrant legislation and racist rhetoric. The Commissioners, one of whom recently referred to undocumented immigrants as “wetbacks” in an interview with the press, have passed several resolutions designed to create a hostile living environment in Beaufort County for Latino residents. For instance, in 2007, the Board passed a resolution prohibiting foreign language signs and flyers on county property, as long as the resolution does not interfere with federal or state law. County officials have taken down notices that include any Spanish translation (example: no guns in the courthouse). Officials have also taken down Spanish-language flyers that the public is allowed to place on public forum boards – flyers pertaining to issues such as reporting domestic violence. Recently, the Board of Commissioners passed two additional anti-immigrant resolutions, including (1) a resolution to remove pre-recorded Spanish from phones at the Beaufort County Department of Health and other county phone lines; and (2) a resolution calling for the State to “refrain from printing any future voter registration forms in Spanish.” On March 12, 2008, the ACLU-NCLF, along with many other federal, state and local immigrants’ rights groups, sent a letter to the Board expressing legal and policy concerns with these measures. In spite of that letter, the Commissioners’ anti-immigrant efforts continue. Commissioner Hood Richardson’s latest proposal is to count everyone who uses the county health department and has a “Spanish surname” as an undocumented immigrant. On May 5, 2008, about 60 members of the community, as well as advocates from ACLU-NC and NC Justice Center, attended the Board meeting to speak against this ridiculous proposal. Each person lined up during the public comment period, and one-by-one announced their “Spanish” surname and the fact that they were a U.S. citizen or a legal resident. The ACLU-NCLF continues to work with our coalition partners in investigating possible legal claims to bring against Beaufort County.

Excessive Delays in the Processing of Naturalization Applications -- ACLU-NCLF was proud to announce this past spring that two of its clients have finally been sworn in as American citizens, after suffering excessive delays in the processing of their naturalization applications. It is believed that the excessive delays occurred in part as a result of the individuals’ religion and/or countries of origin. The ACLU-NCLF filed a lawsuit on behalf of Hassan Elannani in November 2007, asking a court to compel the United States to adjudicate Mr. Elannani’s application. Soon afterwards, the ACLU-NCLF sent a demand letter to various government agencies, advising them of its intention to file a similar lawsuit on behalf of Mugtaba Eltayeb. Within weeks, the government scheduled both men for their final interviews. Mr. Eltayeb was sworn in as an American citizen on March 18, 2008, nearly three years after his application was filed. Mr. Elannani was sworn in as an American citizen this past Wednesday, April 23, 2008, nearly six years after his application was filed.

Cumberland County Female Student Told She Couldn’t Wear Tuxedo to Prom -- In March 2009, the National ACLU LGBT Project contacted our office to inform us that they received a complaint from a Fayetteville father whose daughter was told that she was not allowed to wear a tuxedo to prom. Specifically, the 11th grade student was told that girls were being required to wear dresses to prom. We contacted the school board attorney and expressed our concerns. As a result of the call, the principal has changed his policy and will now permit girls to attend prom in tuxedos.

Edgecombe County Gay-Straight Alliance matter -- In January 2008, the ACLU-NCLF received a request for assistance from the parent of a lesbian student at Southwest Edgecombe High School in Edgecombe County. The student was seeking to form a GSA club at her high school, and was told by the principal that “clubs are only allowed to start at the beginning of the school year.” This principal had previously harassed the student for kissing another girl at a JV football game and had written her up for a behavior violation. After several discussions between ACLU-NCLF and the school board attorney, the student was permitted to form a GSA club immediately. Additionally, the violation for the “kissing incident” has been removed from her school record. The ACLU-NCLF was also able to secure the return of certain privileges the student lost after being reprimanded for the “kissing incident.”

Gay-Straight Alliance Clubs in Rowan County High Schools -- The ACLU-NCLF was contacted by the National Conference for Community and Justice in Charlotte, an organization working with youth to help them start diversity clubs and Gay Straight Alliances (GSAs). Several students who attend high school in Rowan County have been trying to start a GSA club in their high school but have been running into problems with the school administration. Additionally, the Rowan County School Board unanimously passed a motion on April 10, 2006, to "to adopt a board policy to ban all sexually oriented clubs, gay/straight or otherwise, and to address any student emotional issues concerning the above with our guidance counselors, if the creation would materially and substantially interfere with the orderly conduct of educational activities within the school." However, largely because of concerns raised by the ACLU-NC, the policy is still in the drafting/revision stages and is not yet scheduled for consideration at a school board meeting. We are working hard to kill this homophobic, discriminatory and illegal measure once and for all. On June 23, 2006, the ACLU-NCLF sent letters to all principals of Rowan County high schools as well as the school superintendent, informing those school officials that the Equal Access Act requires the schools to permit the students to form these clubs. The Act specifically provides that a school cannot deny equal access to student activities because of the “religious, political, philosophical, or other content of the speech at such meetings.”

Douglas Byrd Graduation Ceremony Dress Code -- A mother in Cumberland County, contacted the ACLU-NCLF complaining that her daughter was to be prevented from participating in graduation at Douglas Byrd High School in Fayetteville the following day unless her daughter agreed to wear a dress and high heels, pursuant to school policy. The young woman wanted to comply with the graduation dress code for boys by wearing a suit and tie. The ACLU-NCLF sent a letter to the Cumberland County superintendent and the Douglas Byrd High principal, arguing that the school's gender-specific graduation dress code violated, among other rights, the young woman's right to Equal Protection under the 14th Amendment. The school refused to back down, and the young woman was prevented from participating in the graduation ceremony. In light of a comment in the media by a school board member who acknowledged the possibility of changing the graduation dress code policy for next year, the ACLU-NC will challenge the school board to adopt a gender-neutral dress code policy, and we are not ruling out the possibility of legal action if the school board refuses to do so.

Buncombe County – Husband’s Name Change -- The ACLU-NCLF received a complaint from a woman who had been told by the staff at the Buncombe County Courthouse Register of Deeds that different procedures apply to name changes depending upon one’s gender. The clerk informed the woman that under North Carolina marriage law, if a woman wants to take her husband’s name, she does not have to go through a formal process, but if a man wants to takes his wife’s name, he has to go through a formal judicial process. However, it appears that the law itself is written to be gender-neutral. Consequently, the ACLU-NCLF is investigating whether Buncombe County is applying the law in a discriminatory manner.