Clay Greene, the gay elder who was forcibly separated
from Harold Scull, his partner of 20 years, has obtained a settlement of his lawsuit from defendant County of Sonoma, for six hundred and fifty thousand dollars ($650,000). The case, which was filed in Sonoma County Superior Court more than a year ago, was scheduled to go to jury trial this month. The timing of the settlement, right up against the trial date, indicates that the County only settled due to the pressure of the looming trial date. (Thank goodness for trial dates!)

The National Center for Lesbian Rights, which brought the lawsuit on Clay's behalf (together with The Law Office of Anne N. Dennis, and Stephen O'Neill and Margaret Flynn of Tarkington, O'Neill, Barrack & Chong) issued a press release that struck a cautionary note:

"What Clay and Harold lost can never be replaced, but this settlement brings a measure of justice to their story," said Amy Todd-Gher, Senior Staff Attorney for the National Center for Lesbian Rights,.... This victory sends an unmistakable message that all elders must be treated with respect and dignity, regardless of their sexual orientation, and that those who mistreat elders must be held accountable. Even as we celebrate this victory, however, we are deeply troubled that the County of Sonoma continues to refuse to take responsibility for their egregious misconduct and violations of the law in this case. We urge every citizen of Sonoma County to demand more oversight of the Public Guardian’s office. They need to be watched."

They need to be watched indeed. If you read the County of Sonoma's website, it says that the reason it settled the lawsuit was "to avoid costs associated with a lengthy trial." They added, "The County must manage taxpayer money prudently." Hey, did you forget about justice and doing the right thing? The only errors that the County acknowledges relate to Clay Greene and Harold Stull's property:

"The County acknowledges that some administrative errors occurred in the handling and disposition of the plaintiffs’ property, which led to improvements in Public Guardian policies with respect to procedures for property disposition and case management. The County remains confident in its position that there was no discrimination in this case....."

They apologize for violating property rights but can't bring themselves to acknowledge they violated Clay's civil rights, as an elder and as a gay man. Sonoma County could have brought this episode to a more satisfactory resolution by admitting its mistake and promising it won't happen again. Instead, this case concludes with Sonoma County, which used to known just for fine wine, taking its place in the history of civil rights violators, alongside places such as Little Rock, Arkansas and Birmingham, Alabama.

However, by paying Clay Green a very large settlement, that is as close as they come to admitting the magnitude of their mistakes. A large settlement for a huge injustice.

To read the press release by the National Center for Lesbian Rights, click here.

To read the press release by Sonoma County, click here.

Felicia Curran
www.ElderAdvocacyLaw.com
www.ElderAdvocacyBlog.com

If there was a contest for "Worst Place For (Gay)Elderly to Live," Sonoma County, California would have to be on the short list, based on what they did to two elderly gay gentlemen, Clay Greene and Harold Scull, pictured here in happier times. Clay Greene was living in his home in Sonoma County, with his partner of 20 years, Harold Scull. Harold, then 88 years old, fell and was hospitalized. What happened then is every elder person’s – and gay person’s – worse nightmare. The County sprung into action, removing Clay from his home, and sending Clay and Harold, against their will, to separate nursing homes.

Although Clay and Harold had wills, powers of attorney, and medical directives, all naming each other as their responsible persons, the County even obtained court orders preventing Clay and Harold from seeing each other. The County sold their belongings at auction, and as reported by Scott James of the New York Times, removed the men’s cats from their home, right in front of Clay Green. Clay is still haunted by the scene. “When Clay M. Greene remembered the events of June 2008, he clenched his teeth, his hands tightened into fists and his body shook. They grabbed them by their necks and tossed them in a car,’ he said last week, recalling the fate of his beloved cats, Sassy and Tiger. He never saw them again.” Harold died in the nursing home, a few months later. With the assistance of a court-appointed attorney, Anne Dennis, of Santa Rosa, Clay was finally released from the nursing home

According to Kay Kendall of the Bilerico Project, all Clay has left from his life together with Harold is a photograph. The rest was destroyed by the County.

Clay Greene has decided to strike back against this despicable and egregious conduct, and is suing Sonoma County for violation of his civil rights – as an elder and as a gay man – in a lawsuit that will go to trial in July. Clay is from a generation that was forced to live their lives behind closed doors, so he does not use the term “gay” to describe himself, or the term “same sex partner” to describe his relationship with Harold. By standing up for himself, though, he will vindicate the rights of senior citizens in general and gay senior citizens in particular who live in fear that the same thing could happen to themselves.

To read the New York Times article about Clay Greene, click here. To read Kay Kendall’s article in Bilerico, click here.

You can learn more about the lawsuit, by visiting a Facebook page set up by Clay's supporters: www.facebook.com/JusticeForClay?v=app_2347471856

Felicia Curran
www.ElderAdvocacyLaw.com

If you don't like cute animal stories, . . . read this anyway. You'll love this one.

A dog, Bella, and an elephant, Tarra, living on an elephant sanctuary, became best friends. They don’t let their differences (in this case their species) get in the way of their friendship. These animals have something to teach us about accepting each other’s differences and finding joy in unlikely situations.

Click below to see the original story, broadcast on CBS News by reporter Steve Hartmann.




Felicia Curran
www.ElderAdvocacyLaw.com

Director Stephen Walker, pictured here, has made a film for Indepedent Lens about a chorus in Northampton, Massachusetts.

Although the chorus members are in their 80s, the music they perform is anything but geriatric, unless the Clash's "London Calling" now qualifies as old folks music.(I think not). Although you're probably still skeptical, as I admit I am, you can tell just by looking at the film's poster, below, that it is something special.

Will Joe Strummer be rolling over in his grave when they perform "Should I Stay Or Should I Go?" Tune in tonight and find out. Here in the Bay Area, the program plays on KQED, Channel 9, at 9 p.m. PST. Click here to go to the Young@Heart website to watch a preview and check the time of your local listing.

Felicia Curran
www.ElderAdvocacyLaw.com

A group of elderly adventurers are finding new ways to challenge and enjoy themselves in their 80s and 90s, and in the process changing the way society views the elderly. The New York Times just did an article Seeing Old Age As A Never-Ending Adventure profiling three adventurers, Ilse Telemanich, 90, Tom Lackey, 89, and Charles Smith, 89, pictured here.

Ilse goes hiking in South Africa, even on a sprained leg. Tom Lackey does "wing walking" -- flying over the English Channel strapped atop a single engine plane. Tom just took up the sport in the last 10 years, and has done 20 such flights. His goal for his 90th birthday this year is to be the first person of any age to wing walk across and back the English Channel. Tom,pictured wing-walking here, a self-described "adrenaline junkie," persisted with his new hobby even when members of his church saw his sport as nothing more than a "death wish." (They have since changed their minds, thankfully).

Paul Smith travels to exotic places such as the North and South Poles.

Paul, Tom, and Ilse are not alone. The percentage of elderly travelers going in for adventure travel has gone up as much as 70% in the last 6 years. In fact, Elderhostel, Inc. the travel company specializing in travel for the elderly, has changed its name to Exploritas, to keep up with the trend. One hospital in New York City has even started the nation's first medical fellowship in trauma treatment for the elderly, to deal with mishaps that the elderly may have on their adventurers.

When people hit a ripe old age, they often brag about it, and that is evidently true in the adventure travel area. Paul Smith told the Times that on his South Pole trip, "a woman got off the plane at base camp and started bragging about being 80. She was quickly put in her place. One of the fellows in our group tapped her on the shoulder and said, ‘I don’t want to prick your balloon, but there are three in our group who are older,’ ” Mr. Smith said. Ha!

I used to tell people that if old age did not agree with me, I would take up parachuting lessons, and one day not pull the string. Now I think I will have something to look forward to when I reach that point.

Wing walking may not be your thing, but individuals such as Paul Lackey remind us that, whatever your age, you can have fun and reinvent yourself by taking on new challenges and doing things you thought you would never do. Take it to the limit one more time.

To read the Times article, click here.

Felicia Curran
www.ElderAdvocacyLaw.com