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1ST Amendment Right To Peacefully Protest

There are many protests happening after the U.S. Supreme Court ruling to overturn Roe v. Wade. If you are attending a rally or protest, here is what you need to know about your First Amendment right to peacefully protest:

The right to protest is fundamental to our democracy and sacrosanct. The Founding Fathers thought that the right was so important that they wrote it into the first 45 words of the Bill of Rights and labeled it the First Amendment to the U.S. Constitution:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

As the Supreme Court observed in 1958, “It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.”

In an eerie coincidence of numerical proportions, the 45th President is aiming to thwart, limit, or outright eviscerate the fundamental right to protest and have grievances heard. On Monday, President Trump left the White House, walked across Lafayette Park in Washington, D.C. and posed in front of St. John’s Episcopal Church while holding a Bible. The path to this photo op was cleared by the U.S. Park Police, Secret Service, Department of Homeland Security, and other agencies. The overwhelmingly peaceful protesters and members of the media were driven from the area using aggressive and violent crowd control tactics which included tear-gas, rubber bullets, smoke canisters, pepper spray pellets, and good ole’ brute force.

It has been widely debated as to whether tear gas or smoke were really used on the protesters. However, that debate is hollow. It was a crowd of American citizens engaged in constitutionally protected protests against police violence. So it does not matter what was used because it was fired into a crowd of people just wanting their voices to be heard and fighting to prevent the injustice that was suddenly thrust upon them. Imagine the heartbreaking absurdity of sanctioning police brutality at a protest against police brutality.

The simple reality cannot be brushed aside by rhetoric or partisan sound-bites. The clear and undeniable fact remains that law enforcement officers who harass peaceably assembled citizens are violating the First Amendment, no matter the tactic used. It is unlawful and those rights must be protected.

Even though the incident on Monday in Washington, D.C. occurred before the curfew set by the mayor, curfews in and of themselves violate civil liberties. Public officials at every level of government are making arbitrary decisions about when, where, and what time citizens are allowed to have their voices heard. Just like it is wrong to forcefully disperse protesters before curfew, it is just as wrong to disperse them after curfew.

Under state law, cities and counties can impose curfews during a state of emergency “to provide for the protection of life and property.” However, there must be actual or imminent violence beyond the means of the government to address the issue. That threshold must be met. Unfortunately, curfews are enforced in very arbitrary and discriminatory ways. Historically, curfews have been used to suppress the voices of the people.

Even if curfews are being enacted for a legitimate purpose, there is an added danger for continued police misconduct. This is not a fear but a reality that is broadcast not only on the television news but throughout social media. The chilling scenes play out daily since the imposition of curfews where law enforcement rush crowds of peaceful protesters as soon the curfew time begins. Like a ticking time-bomb that explodes as soon as the clock strikes. Many of the violent confrontations have occurred under the cover of curfew enforcement. Unfortunately, depending on the particular law enforcement officer enforcing the curfew, a crowd could encounter a warning to go home, a ticket, mass arrests, or even rubber bullets. Those are just the mild encounters.

But the risk is not just one sided. We cannot also deny that a heavy-handed response to protests and the imposition of curfews also place the lives of law enforcement officers at risk. Violent confrontations sometime become unavoidable when fight or flight takes over. Additionally, there are those that are just waiting for an opportunity to inflict harm on law enforcement. Those consequences are not considered by those in power when the goal is to eviscerate the fundamental right to protest government action. It is very easy to make demands and insist on “dominating” the protestors with a heavy hand of “law and order” when you sit behind a desk or hide in a bunker.

In short, there is no denying that government and law enforcement have a goal of curtailing the rioting, looting, and destruction of property. But those interests must be weighed against a sweeping infringement of a fundamental right. The use of force, such as arrests, or the use of less-lethal weapons, should not be imposed against protesters unless strictly unavoidable. Otherwise the intended effect would be muzzling voices that need to be heard and censorship.

We will gladly represent anyone whose rights have been infringed.

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DLF Statement: Roe V. Wade

The Dolan Law Firm is deeply disheartened and incensed by the Supreme Court’s decision this morning, overturning over 50 years of historical precedent representing our nation’s recognition of a woman’s right to control her reproductive decisions, a right supported by at least 73% of this nation’s population.

The Dolan Law Firm, made up of over 65% female identifying employees, is fiercely and collectively devoted to advocating for women’s fundamental rights, including a woman’s right to make decisions about her own body, her own healthcare and her own destiny. We believe a woman’s decision to become pregnant, remain pregnant or end a pregnancy belongs to her and her alone.

This decision represents violence against women, as women who become pregnant, regardless of the circumstances, will be forced to give birth or face criminal consequences. A government that forces women and girls into motherhood before they are ready or have the resources to care for a child is fundamentally wrong, sustains the patriarchy and further cements the destinies of underserved women and girls on the cusp of poverty or already living in poverty. The effect this decision will have on those communities is profound and devastating.

The Dolan Law Firm, PC has always and will always fight for an individual’s religious liberty and the right to make personal decisions based on religious beliefs. An individual can advocate for both religious freedom and a woman’s right to choose. These individual freedoms are not at odds with one another. To the contrary. Both underscore and represent the vital democratic value of individual decision-making in private matters, including reproductive decisions whether choosing to continue or terminate a pregnancy. Because it is vital to maintain the integrity of these individual freedoms and others, we firmly stand behind the constitutionally engrained separation of church and state.

This decision represents a critical turning point in American democracy and one that points to a dark chapter in our nation’s history. In his concurring opinion, Justice Clarence Thomas, clearly emboldened by the conservative majority, called for the Court to “reconsider” landmark decisions previously codifying rights to contraception, same-sex relationships and same-sex marriage. The rationale used by the Court in overturning Roe v. Wade, lays the foundation and indeed encourages challenges to other critical and fundamental rights recognized nationwide for decades. Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan warned in their dissenting opinion that “no one should be confident that this majority is done with its work.”

We see this dissent as perhaps the most important call to action of our time. The Dolan Law Firm urges our statewide community of legal advocates, lawmakers, politicians, grassroots activists and citizens to mobilize in our effort to protect women’s rights and individual freedoms in California and work to create a network and infrastructure that will provide resources to women and girls in states now outlawing a woman’s right to make her own reproductive decisions. Our firm remains steadfast in our commitment to advocating for women’s rights and the individual freedoms of other groups threatened by this decision.

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Honoring the Celebration of Juneteenth

What is Juneteenth?
Juneteenth commemorates the end of slavery in the United States. It is an important milestone in American history but to date, it remains an under-recognized day. 

On January 1, 1863, President Abraham Lincoln signed the Emancipation Proclamation declaring the end of slavery in the United States. However, enforcement was slow and it took an additional two and a half years for General Gordan Granger to arrive in Galveston, Texas to announce General Orders No. 3 (end of slavery).

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor.”

In other words, enslaved people in Galveston, Texas did not know they had been freed until June 19, 1865. This date marks the true end of slavery in the United States. 

In 2021, the Senate unanimously passed a resolution establishing June 19 as Juneteenth National Independence Day, a federal holiday commemorating the end of slavery in the U.S. The House voted overwhelmingly in favor of the resolution. President Biden signed the resolution on June 17, 2021, making Juneteenth a federal holiday created since Martin Luther King Jr. Day was signed into law in 1983.

47 states and the District of Columbia recognize Juneteenth as either a state holiday or a day of observance (June 20th) but only a handful observe it as a paid holiday. Juneteenth has also been celebrated under other names such as: 

  • Freedom Day
  • Jubilee Day
  • Liberation Day
  • Second Independence Day
  • Emancipation Day. 

Dolan Law Firm honors the celebration of Juneteenth all over the nation and acknowledges it’s crucial to find time to pause and reflect on our nation’s history of oppression, and the resounding call for true liberation and equal justice for all. 

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CHRIS DOLAN HONORED WITH TOP PLAINTIFF LAWYERS 2022

The Dolan Law Firm is proud to announce that our founder and chief legal counsel, Chris Dolan has been honored as a recipient of one of the Top Plaintiff Lawyers in 2022 via Daily Journal.

To learn more about Chris Dolan and how he is recognized by the Daily Journal for this prestigious award, please click below to view the full article.

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Injured at a Baseball Game: Who is at fault?

Written By: Christopher B. Dolan

If You’re in the Stands, Keep Your Eye on the Ball: Over the past decade, at the beginning of baseball season, I have published a column concerning who is responsible if someone gets hit with a line drive, foul ball and/or broken bat while watching a game. As a lawyer, and a big Giants fan, I like to start off the season by saying, put down your cell phone and keep your eye on the ball during play. A distraction can lead to serious and even life threatening injury.

Balls and bats leaving the playing field and entering the stands are not uncommon. In a 2014 Bloomberg News analysis of ballpark injuries, it was reported that each year in the United States roughly 1,750 spectators are injured by batted balls at major league ballparks. The study showed spectators were much more likely to be hit with an errant ball than a player was to be hit with a pitch. While most injuries are thankfully minor, there are reports of severe injuries, and even death, due the sport’s use of wooden bats and 90 mph plus fastballs.

In an article published in the Boston Globe by Catherine Cloutier on June 09, 2015, Edwin Comber, a baseball statistician, is quoted as saying that about 73% of foul balls go into the stands. A 2000 lawsuit against the Red Sox revealed that during a five-year period in the 90’s, 36 to 53 fans per year were hit by balls outside the field of play. Furthermore, there have been reports of skull fractures and even brain injuries, as a result of bats and balls entering the stands. As the fans demand to be ever closer to the action, and the field is filled with high-priced seats closer and closer to the plate and baselines, the risk of injury goes up just as fast as the price.

The issue of liability for fans’ injuries was addressed by the California Supreme Court in 1935 in the case of Quinn v. Recreation Park Ass’n, 3 Cal.2d 725, where the court held that one of the natural risks assumed by fans attending major league games is that of being struck by batted or thrown balls. The Court ruled that the franchise and/or park owner/operator is not required, nor does it undertake, to insure patrons against injury from such source. All that is required is the exercise of ordinary care to protect patrons against such injuries. Management is not obliged to make each seat safe from flying balls. The court pointed out that many patrons prefer to sit where their view is not obscured by a screen.

The duty imposed by law is performed when screened seats are provided for as many as may be reasonably expected to call for them on any ordinary occasion and if a spectator chooses to occupy an unscreened seat or is unable to buy a screened seat and chooses to occupy one that is not protected, they, “assume the risk of being struck by thrown or batted balls; and, if injured thereby, is precluded from recovering damages therefor,” as stated in Brown v. San Francisco Ball Club.

In Neinstein v Los Angeles Dodgers Inc. (1985) 185 Cal.App.3d 176, the Court of Appeals held that:

…The quality of a spectator’s experience in witnessing a baseball game depends on his or her proximity to the field of play and the clarity of the view, not to mention the price of the ticket. As we see it, to permit plaintiff to recover under the circumstances here would force baseball stadium owners to do one of two things: place all spectator areas behind a protective screen thereby reducing the quality of everyone’s view, and since players are often able to reach into the spectator area to catch foul balls, changing the very nature of the game itself; or continue the status quo and increase the price of tickets to cover the cost of compensating injured persons with the attendant result that persons of meager means might be priced out of enjoying the great American pastime. To us, neither alternative is acceptable…

Despite the Court’s unwillingness to intervene to reshape baseball through tort law, I am happy to report that all thirty teams in the MLB have decided to extend safety netting and screening all the way down the first and third baselines to the foul pole. So, if you are in the lower section, you should be better protected from line drives and broken batts. If you are in the upper decks, keep your eye on the ball because, if you are in an unprotected seat, you are legally assuming the risk of injury.

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Celebrating Jewish American Heritage Month

By the Dolan Law Firm DE&I Committee

This May, the Dolan Law Firm celebrates Jewish American Heritage Month. Learn more about the achievements and contributions of the Jewish community to American history, culture and society:

  • Jewishheritagemonth.gov/
  • Archives.gov/news/topics/jewish-american-heritage
  • Ushmm.org/information/exhibitions/online-exhibitions

There has been a rise in white supremacist sentiment throughout the United States over the last few years, thus, it is not surprising that this has included a significant rise in antisemitic hate and violence. The Dolan Law Firm is committed to fighting against hate and bigotry and using the strength of our team to help build a more diverse, equitable, and inclusive society.

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Johnson v Cedars-Sinai Medical Center: Equal Access to Businesses and Services  

Los Angeles Hospital Sued for Racism and Wrongful Death

On May 5, 2022, Chris Dolan and legal team of lawyers filed a lawsuit against Cedars-Sinai Medical Center (Case #: 22STCV14868) for failing to provide Equal Access to businesses and services for the wrongful death of Kira Johnson. 

Christopher B. Dolan says, “to gain access equally to businesses and services despite race, national origin, and any other discriminatory characteristic… we are using a lawsuit.” 

The lawsuit describes that despite signs of Kira Johnson bleeding internally and over the desperate pleas of her husband, she languished for hours without being readmitted to the operating room.

Nick Rowley, attorney, and member of the legal team, says Kira Johnson died from internal bleeding — nearly 90% of her blood was later found in her stomach. Her bladder had been lacerated and she hadn’t been sutured properly.

Charles Johnson IV said that “there is no doubt in my mind that my wife would be here today and be here Sunday celebrating Mother’s Day with her boys if she was a Caucasian woman.” 

For more information on the lawsuit see video or stories below:

Press Release Video:

Complaint:

Johnson v. Cedars-Sinai Medical Center Complaint 

Stories: 

  • via Los Angeles Times
  • via Seattle Times
  • via ABC 7 news
  • via The Daily Beast
  • via NBC4 news
  • via NBC15 news
  • via WWNYTV7 news
  • via CBS news
  • via NPR news
  • via KTLA5 news

 

 

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Celebrating AAPI Heritage Month

Remembering United States v. Wong Kim Ark

Written by Mari Bandoma Callado, Dolan Law Firm’s Senior Associate Attorney & Diversity, Equity & Inclusion Director

The Dolan Law Firm recognizes Asian American & Pacific Islander (AAPI)  Heritage Month and celebrates the achievements and contributions of the AAPI community to American history, culture, and society.

During the coronavirus pandemic, the rise in violence against AAPIs put a spotlight on the fact that AAPIs have long been the targets of racism and discrimination in the U.S., including through the law. Throughout history, AAPIs stood up against unjust laws and fought for significant constitutional protections. 

United States v. Wong Kim Ark is a landmark case that established birthright citizenship based on location through its interpretation of the Fourteenth Amendment and stated that anyone born in the U.S., excluding those born to diplomats, would be granted U.S. citizenship, regardless of the standing of their parents. 

Background

In the 1850s, Chinese workers migrated to the United States, first to work in the gold mines, but also to take agricultural jobs, and factory work, especially in the garment industry. Chinese immigrants were particularly instrumental in building railroads in the American west – over 10,000 Chinese laborers worked to complete the transcontinental railroad between 1863 and 1869. 

Alfred A. Hart photographs, 1862-1869

Photographic series documenting the construction of the Central Pacific Railroad, 1866-1869

 

Despite their contributions to the transcontinental railroad and agriculture, Asians, especially the Chinese, were the target of racial discrimination in the mid-to-late nineteenth century. 

The San Francisco Chronicle headline of August 27, 1873 reads in bold “The Chinese Invasion! They are Coming, 900,000 STRONG”.

 

In 1882, Congress passed the Chinese Exclusion Act which banned the immigration of Chinese laborers to the U.S. for ten years. This was the first immigration law that prevented immigration and naturalization based on race and nationality. In 1892, the Chinese Exclusion Act was extended for another 10 years by the Geary Act and it became permanent in 1902.  The Chinese Exclusion Act was not repealed until 1943.

First page of the US Chinese Exclusion Act

 

United States v. Wong Kim Ark

  • Wong Kim Ark was born in 1873 in San Francisco to Chinese parents who were legally domiciled residents of the U.S.  
  • He visited China in 1894 and was denied re-entry in 1895 due to the Chinese Exclusion Act.
  • He applied for a writ of habeas corpus and claimed that he was a natural-born U.S. citizen. 
  • The United States argued that since he was born to Chinese parents who were subjects of the emperor of China, then he was also a Chinese person and a subject of the emperor of China.
  • The District Court agreed with Wong Kim Ark – that he was a U.S. Citizen and therefore exempt from the Chinese Exclusion Act.
  • The United States appealed to the U.S. Supreme Court.
  • In his Supreme Court case, Wong argued he was a U.S. Citizen under the 14th Amendment which declared “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside” and therefore should be permitted entry to the U.S. since the Chinese Exclusion Act doe not apply to him.
  • Originally, birthright citizenship was meant to benefit persons of African descent, and formerly enslaved African Americans in particular. But the question is whether that principle applies to all people regardless of race—and the case goes all the way to the Supreme Court.
  • The U.S. Supreme Court reaffirmed his claim to citizenship, and since his citizenship was constitutionally protected, the Chinese Exclusion Act and other congressional acts did not apply and cannot override the Constitution. The Court’s decision defined the parameters for jus soil ensuring the citizenship of children born in the U.S. to non-citizen parents.  The concept is popularly known as birthright citizenship. 
Portrait of Wong Kim Ark, 1904. Getty Images

 

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Implementing Diversity, Equity and Inclusion (DE&I) Initiatives Within Law Firms and Corporations

Written By Christopher B. Dolan, Mari Bandoma Callado, and Katelyn P. Dembowski 

This week’s question comes from Skyler from San Francisco who asks: There is a lot of talk going on right now about diversity, equity, and inclusion within corporations. Is your firm doing anything to foster diversity yourselves? If so, what can others do to follow your lead? 

Thanks for your question, Skyler. In the winter of 2020, senior associate attorney Mari Bandoma Callado approached Dolan Law Firm Founder and Chief Legal Officer Chris Dolan about starting a Diversity, Equity & Inclusion (DE&I) Committee. This was right after the peak of the Black Lives Matter movement in the summer of 2020. Mr. Dolan was immediately on board with her vision. It was an easy transition because our firm has always been supportive of attorneys being involved in DE&I initiatives outside the firm, including but not limited to, sponsoring diverse bar association fundraising efforts, encouraging attorneys to take leadership roles and/or volunteering at community organizations and events. The firm was also very supportive of attorneys with children and has allowed a more flexible schedule for new parents.  

However, every organization or law firm is different. There is no “one size fits all approach” to starting a Diversity, Equity and Inclusion Committee or implementing DE&I initiatives. This article will discuss information on the importance of DE&I and provide tools on how to establish a DE&I committee or initiative as well as reflect on the success and challenges of the Dolan Law Firm’s efforts.

What is Diversity, Equity and Inclusion (DE&I)

Diversity is expressed in different forms including visible and invisible diversity: race, ethnicity, gender and gender identity, sexual orientation, age, socioeconomic status, language, culture, religious commitments, and (dis)ability status.

However, diversity without “Inclusion” is exclusion.  Most lump diversity and inclusion together but they are actually two different things and having diversity does not necessarily translate to inclusion.  Inclusion is diversity in action.  It’s about creating an environment that understands, accepts, and values the differences between people – and not just different backgrounds but different ideas, experiences, and perspectives.

Equity or the experience of fairness is about ensuring that all people have equal opportunities, and that bias, harassment, and discrimination are not tolerated.  It involves an understanding that not everyone’s path is the same and eliminating the barriers that prevent the full participation of some groups.

Developing a DE&I Strategic Plan

We recommend collaborating with stakeholders and supporters in developing a DE&I strategic plan based on the firm-wide assessment you conduct. It was important for us to take our time in scaling the program and working as a group to build a shared vision and determine our goals.  This included extensive discussions within the committee (which included heads of human resources and marketing) and encouraged participation from everyone at the firm by inviting all staff to monthly planning meetings.

The Dolan Law Firm Committee drafted a mission statement and objectives as a group:

Mission Statement: In order to deliver equal justice for all, the Dolan Law Firm is committed to advancing and nurturing a diverse, equal, and inclusive workplace that reflects the communities we serve.

Implementing DE&I Initiatives

Implement a structure to facilitate your plan. Through our monthly meetings (which were held virtually during the pandemic), we were able to delegate tasks and coordinate the programming and activities to fulfill our objectives related to retention, recruitment, and community outreach.

  1. Retention

A key component is including an activity or discussion that allowed us to get to know each other better and for employees to be better understand their own experiences and even their own biases.  The Committee came up with group activities depending on the presentations we were doing that month, things that were happening at the firm, and/or current events.  Sample group activities include:

  • Discussion regarding the use of pronouns;
  • “Land Acknowledgement” presentation;
  • Activity on overcoming imposter syndrome;
  • “Wall of Appreciation” which allowed members of the committee to anonymously tell each other things they appreciated about their colleagues;
  • Activity on identity and diversity – “How Does the World See You?”;
  • Discussion on “What is your superpower?”; and
  • Check-in on the highlight of your week.

During the first year, we focused on developing DE&I presentations and activities created by our committee members to fulfill the retention objective of our mission statement.  Sample presentations include:

  • Black History Month presentation on the Unsung S/heroes of the Civil Rights Movement 
  • Women’s History Month Presentation on Intersectionality 
  • Anti-AAPI Hate Presentation + Bystander Intervention Training
  • Celebrating Diversity Month – Presentation on Implicit Bias 
  • Celebrating Pride Month – Pride Month Presentation 
  • Anti-Semitism in Progressive Spaces Presentation 
  • Latinx/Hispanic Heritage Month Presentation 
  1. Recruitment

It is important for the Committee to be part of recruitment efforts. We have a representative at each attorney and/or staff interview who shared the firm’s commitment to DE&I and to ask questions to gauge the candidate’s interest and/or commitment to DE&I.  We also added the mission statement/commitment to DE&I in job postings. The committee continues to collaborate with Human Resources in developing and implementing the DE&I talent acquisition strategy. 

  1. Marketing and Community Outreach

A DE&I representative is part of the marketing team and assists with ensuring that the firm continues to be connected to the community that we aim to serve.  The Committee regularly creates content for the firm’s website and social media accounts that highlights the diversity of our team, issue statements that reflect the commitments and values of the firm, and regularly spotlight our team members who are doing incredible things for the community through their leadership roles and volunteer work.

Additionally, the firm is committed to supporting organizations that share the same commitment to DE&I. The firm is a long-time supporter and sponsor of various organizations such as the CAOC Diversity, Equity and Inclusion Committee, the Bay Area Lawyers for Individual Freedom (BALIF), Filipino Bar Association of Northern California (FBANC), East Bay La Raza, and just recently became a sustaining law firm member of the Charles Houston Bar Association.  

We hope you found this information useful and if you know any firms or organizations looking to implement more DE&I measures, please do not hesitate to reach out to us. 

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Celebrating Cesar Chavez Day

Today, we celebrate and honor Cesar Chavez, an American labor leader and civil rights activist, and his commitment to social justice. Chavez’s work and that of the United Farm Workers — the union he helped found — improved pay and working conditions for farm laborers in the 1960s and 1970s, and paved the way for landmark legislation in 1975 that codified and guaranteed agricultural workers’ right to unionize, bargain collectively with their employers and vote in secret-ballot elections in California.

Learn more about Cesar Chavez and the Organized Labor Movement today at 11:30 am.

Webinar: Cesar Chavez and the Organized Labor Movement – History and Perspectives
March 31, 2022 @ 11:30 a.m. | FREE REGISTRATION
In this webinar, you will hear from individuals who knew and worked alongside Cesar Chavez, and those who work to continue his legacy. They will describe how Chavez’s life and work impacted the organized labor movement, and how that impact continues to be felt today.
Speakers: Ira “Buddy” Gottlieb, Carlos Perez, Cinthia Flores, and Emilio Huerta
Moderator: Stephanie J. Joseph

—

Blog post:
Today, we celebrate and honor Cesar Chavez, an American labor leader and civil rights activist, and his commitment to social justice. Chavez’s work and that of the United Farm Workers — the union he helped found — improved pay and working conditions for farm laborers in the 1960s and 1970s, and paved the way for landmark legislation in 1975 that codified and guaranteed agricultural workers’ right to unionize, bargain collectively with their employers and vote in secret-ballot elections in California.
Learn more about Cesar Chavez and the Organized Labor Movement today at 11:30 am.
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