Celebrating Latinx/Hispanic Heritage Month By Dolan Law Firm’s DE&I Committee

Celebrating Latinx/Hispanic Heritage Month By the Dolan Law Firm DE&I Committee

In honor of Latinx/Hispanic Heritage Month, which is celebrated from September 15 to October 15, the Dolan Law Firm celebrates the culture of both Hispanic and Latinx individuals and communities.

Background

“Hispanic Heritage Month”  began as a weeklong celebration coined as “Hispanic Heritage Week” in 1968. President Lyndon Johnson signed the National Hispanic Heritage Week Bill (P.L. 90-498) and was eventually enacted into law on August 17, 1988 (law-100-402) by President Ronald Reagan who extended the week to a full 31 days.

Additional Important Dates

  • September 15 marks the independence day for various Latin countries, primarily from Central America: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. 
  • September 16 is Mexico’s independence Day.
  • September 18 is Chile’s Independence Day.
  • The second Monday of October (October 11th this year) was originally observed as Christopher Columbus Day. However, many have rejected the commemoration of Columbus and have pushed for the holiday to be renamed to celebrate the unique and often indigenous ancestry of Latinx people. Many communities of color and officially recognized by cities and states across the U.S. celebrate Indigenous Peoples’ Day. Some Latin American cultures celebrate Dia de la Raza, Day of the Race or Day of Hispanic Heritage. Latinx/Hispanic Heritage Month is an opportunity to highlight and celebrate the rich contributions and diverse makeup of Latin American culture.

Debate on the term Hispanic or Latinx?

The term Latinx is originated in “activist circles primarily in the U.S. as an expansion of earlier gender-inclusive variations such as Latino/a and Latin@”. The “x”does not imply a specific gender – as would the “o” (masculine) or “a” (feminine) for nouns in Spanish and is meant to disrupt the grammatical binary that is inherent in this romance language” according to Joseph M. Pierce, an assistant professor in the Department of Hispanic Languages & Literature at Stony Brook University.

The difference between Latinx and Hispanic largely comes down to how you self-identify. Latinx has been adopted among people who are looking for a more gender-free alternative to Latino or Latina (leaving no option for those who choose to identify as non-binary).

Honoring Historical Events and Contributions Made by People of Hispanic/Latino Heritage

  1. Color TV  –  Guillermo Gonzalez Camarena, only 23-years-old, patented a chronoscope adapter with which black and white cameras of the day could capture color. NASA used the mechanism as recently as 1979 to transmit images of Jupiter.  
  2. Mendez v. Westminster – In 1946, eight years before Brown v. Board of Education, Mexican Americans in Orange County California won a class action lawsuit to dismantle the segregated school system. Federal District Judge Paul McCormick, delivered a landmark ruling that segregation of Mexican Americans was not only unenforceable under California law, but it violated the equal protection clause of the 14th Amendment to the U.S. Constitution. 
  3. Helen Rodriguez Trias  –  Headed the department of pediatrics at Lincoln Hospital in the South Bronx. In 1970 she was a founding member of the Committee to End Sterilization abuse and in 1971 a founding member of the Women’s Caucus of the American Public Health Association. She supported abortion rights, fought for the abolishment of enforced sterilization and sought neonatal care for underserved people. She drafted guidelines requiring a woman’s written consent to sterilization in a language they could understand and set a waiting period between the consent and the sterilization procedure. She is credited with helping to expand the range of public health services for women and children in minority and low-income populations in the United States, Central and South America, Africa, Asia, and the Middle East.
  4. Astronaut Ellen Ochoa became the first Latina to go to space in 1993. She served on a  nine-day mission aboard the space shuttle Discovery where she studied the Earth’s ozone layer, then returned to space three more times, spending nearly 1,000 hours in orbit. Ochoa was honored with NASA’s  distinguished Service Medal and served as the director of the Johnson Space Center in Houston Texas, from 2013 to 2018. In 2017, she was inducted to the United States Astronaut Hall of Fame and in 2018 she was inducted into the 2018 International Air and Space Hall of Fame class.
  5. Sonia Sotomayor – Became the first Latina Supreme Court Justice and the third woman to serve on the court. She ruled in the majority which upheld the Affordable Care Act twice, and in Obergefell v. Hodges, to legalize same-sex marriage in all 50 states.
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Rice v. City of Roy: A Police Shooting Incident Case

A federal jury rules unanimously in favor of Chris Dolan’s clients and finds excessive use of force used by police officer Chris Johnson. A verdict of $3, 257,000.00 was awarded to plaintiffs, in Federal Court, Tacoma Washington, and against Chris Johnson and the city of Roy on September 23, 2021. This case arises from a police officer involved shooting just south of the Roy Washington city limits in February of 2019.

FOR IMMEDIATE RELEASE

UNANIMOUS JURY HOLD ROY WASHINGTON POLICE OFFICER LIABLE FOR EXCESSIVE FORCE IN POLICE SHOOTING CASE

On September 23, 2021, a Federal Jury, In Tacoma, Washington, unanimously found that City of Roy Police Officer, Christopher Johnson, violated the Fourth Amendment rights of David Rice and Seth Donahue, when he shot them as they were traveling, unarmed, in their UTV on the BNR rail tracks inside the City of Roy, a rural city of less than 1,000 inhabitants covering .49 square miles. Roy has a police force of 2, one being the defendant, Christopher Johnson. The total verdict was $3,257,000.00.

FACTS:

February 9th, 2019, was a snowy day in Roy, located in Pierce County, Washington, about 60 miles outside of Seattle. Rice and his nephew, Donahue, had been out in their RZR UTV enjoying the 10-12 inches of snow traveling along trails, rail tracks and “tearing it up” through the city streets in Roy.  Admittedly, they had been drinking beer (ten and 13 beers respectively over 6 hours) that afternoon and evening. Officer Johnson alleged that Rice, driving the UTV, committed various traffic infractions and that he tried to pull the UTV over in town claiming that he activated his lights and siren, and that Rice and Donahue took off on the railroad tracks to evade him. Rice and Donahue stated they were unaware of Johnson’s pursuit, and it was shown that the rail tracks are a commonly used UTV trails. Home surveillance video, located nearby, peripherally caught the shooting on tape.  Dolan argued that “Johnson’s ego, being bruised, let him to turn off his lights and siren and race ahead to try and cut-off Rice and Donahue on the tracks at 295th St.  As Johnson approached perpendicular to the tracks, he turned off all the lights on his car “going dark” as the UTV approached.  Johnson then quickly drove the police vehicle towards the tracks, turned on only his spotlight, shined it down the tracks towards Rice, and ran from his police car, weapon drawn, towards the UTV.  Jonson admitted that he placed himself on the tracks, directly into the path of the approaching UTV and when the UTV didn’t stop, fired two shots into the front windshield and then two more into the passenger window as the UTV went by “fearing for his life.”  Johnson was hit by the UTV before firing.  Rice and Donahue testified that they were blinded by the spotlight, did not associate it with a police officer, and did not see Johnson until he shot them. Rice was struck on the right shoulder, with the bullet traveling into his chest, and also in the groin where the bullet passed through and exited his left leg. Donahue was shot in the right hand.   Dolan used accident constructionists, police procedures and ballistics experts as well as the Chief of the Roy Police Department (the other half of the 2 sworn officers) and Johnson himself, to show that he violated Roy’s Use of Force and Police Pursuit Policies and engaged in an excessive use of force.  Dolan and Jessup also prevailed on a Monelll Claim demonstrating the Chief and Mayor of Roy ratified Johnson’s conduct by failing to engage in an officer involved shooting inquiry and engaging in a disciplinary review of Johnson’s conduct and maintaining him on the force.

Dolan said “finally the tide is turning against police abuse. And justice under the 4th Amendment is being secured for those victimized by abuses of police powers. There is not an increase of police abuse, there is an increase in civil prosecution of these cases largely fueled and supported by modern day evidence generated by cell phones and private surveillance cameras.”

David Rice stated “I thank the jurors for their time and honesty and their courage to hold the police accountable. Their decision vindicates me and my nephew: we were out just having fun in the snow, we didn’t threaten anyone, hurt anyone, and were just about home when he ambushes us and shot us.  I’m a hunter and you couldn’t even shoot a deer this way without it being a crime.  The City of Roy has lied about what happened to the press through their press releases. The Jury saw through those lies.  The City of Roy needs to act to remove Johnson and he should be criminally prosecuted for his excessive use of force and abuse of power.”

Seth Donahue stated “I have been afraid of the Roy Police since the day this happened. They painted us out to be criminals when it was Officer Johnson who broke the law. We are good people who were having fun on a snowy night on rural roads, we didn’t know Johnson was supposedly chasing us and he came out of nowhere and opened fire. They need to take him off the street and take his gun and badge. Before he kills someone else.”

Further information may be obtained by contacting Chris Dolan at 415-279-2604 or Local Counsel, Doug Cloud at 253-921-1505

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Dolan Law Firm Wishes You a Safe Labor Day Weekend

Written By: Mari Bandoma Callado, Senior Associate Attorney and Director, DE&I

Dolan Law Firm hopes you and your family have a wonderful and safe Labor Day Weekend. To help you safely enjoy the end of the summer, we put together these safety tips:

Social Gatherings

Over the course of the last 18 months or so, we learned that social gatherings may lead to the spread of COVID-19. With hospitalizations and deaths due to the highly contagious delta variant of COVID-19, we encourage you to stay vigilant. 

If you are attending a social gathering this holiday weekend please avoid being in a crowd and poorly ventilated spaces as much as possible, try to maintain a physical distance of 6 feet, wash your hands often, and wear a mask when outside your home, in public, and around others. If you are feeling sick or have been exposed to someone with COVID-19, we urge you to stay home.
Click here for more information on safely gathering and here on how to protect yourself and others. If you are not yet received the COVID-19 vaccine but are interested in learning more, click here.

Drive Safely

If you are going on a road trip or just driving around town this weekend, please drive safely. The National Safety Council estimates approximately 390 deaths and another 44,400 serious injuries over Labor Day weekend this year. Please wear your seatbelt, don’t drink and drive (designate a driver instead), and maintain a safe speed.
For more safety tips while driving, click here.

Swim and Boat Safely

If you are heading to the beach or the pool this weekend, please be cautious. Do not swim alone (in case you become incapacitated). If you are swimming with children, designate a responsible adult to supervise children at all times as they swim or play by the water. If you are going to the lake or a river, please wear a life jacket.
For more swimming safety tips click here.

If you will be on a boat, please do not underestimate the dangers of the water. According to the U.S. Coast Guard, most boating accidents occur because of excessive speed, lack of experience, and distractions. Do not drink and boat. It is against the law in California to operate a boat or water ski with a blood concentration (BAC) of 0.08%.
For more boating safety tips click here.

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Celebrating Women’s Equality Day

By Mari Bandoma Callado, Senior Associate Attorney and Director, DE&I

Women’s Equality Day commemorates the August 26, 1920 certification of the 19th Amendment to the U.S. Constitution that gave women the right to vote. This historic event marks an important shift in American constitutional rights and gender equality even though it wouldn’t be until 1965 that the Voting Rights Act would provide suffrage for all American women regardless of race.

The struggle for Women’s Suffrage was only the first step toward equality for women. Even though women have made great strides towards equity, women’s fight for equal rights continues. The gender pay gap continues to impact women’s economic power. Gender discrimination and sexual harassment are still prevalent in the workplace. Women, especially women of color, are negatively and disproportionately impacted by the COVID-19 pandemic.

The Dolan Law Firm is committed to fighting for equal rights and justice for all. Contact us if you believe you have been discriminated against, sexually-harassed, or denied your rights at work.  

***

Disclaimer: The COVID-19 (Coronavirus) outbreak is an ongoing, rapidly developing situation and the local, state, and federal responses are changing regularly. The Dolan Law Firm takes efforts to keep the information on this page updated, however, to guarantee up to date information it is necessary to confirm with publicly-available federal, state and local health organization guidance and government mandates.

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Celebrating Juneteenth with Dolan Law Firm

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 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. Today, 47 states and the District of Columbia recognize Juneteenth as either a state holiday or a day of observance 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 and Emancipation Day. 

On Tuesday, 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.  On Wednesday, the House voted overwhelmingly in favor of the resolution. President Biden signed the resolution on June 17, 2021, making Juneteenth the first new federal holiday created since Martin Luther King Jr. Day was signed into law in 1983.

Today, Dolan Law Firm joins the celebration of Juneteenth all over the nation and acknowledge that 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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SFTLA: Adventure Virtual Conference

Join the San Francisco Trial Lawyers Association on June 18-20 for the New Lawyers Division’s Adventure Conference.  

 

There will be  26 speakers, including Dolan Law Firm’s Mari Bandoma Callado,  6 CLE hours and a fun Summer themed Care Package. All classes are virtual & there will be (optional) in person social events at the Hotel Paradox in Santa Cruz. 

Topics will pique the interest of all new lawyers and include: Evidence, Mediations, Objections, Depos, TBI cases, Second Chairing, Courtroom Tips, DE&I, Online Focus Groups, Case Checklists, After Filing, Expert Witnesses, New Lawyer Tips and more. Click here to register

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Christopher B. Dolan Honored with 2021 CLAY AWARD

The Daily Journal has selected Christopher B. Dolan, founder and Chief Legal Counsel of the Dolan Law Firm, P.C. as 2021 California Lawyer Attorneys of the Year (CLAY). The CLAY Awards recognizes California lawyers whose work has made a significant impact on public policy, the law, the profession, or a particular practice area.

Read the Daily Journal Article

Dolan was recognized for his work in In Re: Ghost Ship Fire Litigation (Alameda Co. Super. Ct., filed December 23, 2016) representing survivors and families of the victims in a catastrophic fire that occurred on December 2, 2016 at an Oakland warehouse called Ghost Ship, which killed 36 and injured many others. Dolan worked with a coalition of attorneys from 25 firms representing 78 plaintiffs as an executive committee member with Robert Bale and Thomas Brandi and liaison counsel Mary Alexander. 

As noted in the Daily Journal, Alexander and executive committee members Bale, Brandi and Dolan resolved this matter with a $32.7 million settlement with Oakland officials, an undisclosed amount from PG&E and additional millions more from the building’s owners.

“This case required all of my life experience, education and decades of ‘figuring it out’.  As a young man, I worked in dirty, hot, tiring jobs in construction to fund my studies.  As a young lawyer, I renovated two old San Francisco buildings including our Market Street headquarters, learning about electrical systems, transformers, voltage drop, metering, and building/electric codes involved in old buildings.  So much of what I bring to the table is practical knowledge.” Dolan said.

The team relentlessly pursued the City of Oakland with several arduous but successful trips to the court of appeals and PG&E with multiple depositions and a mountain of documents to build a case and hold them accountable for this tragedy. 

For more on the case in the 2021 CLAY Awards publication, visit DailyJournal.com

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Workplace Violence are Increasing: How to Stay Safe

Written By: Christopher B. Dolan

Following the horrific workplace shooting in San Jose this past week, NBC Bay Area Investigative Journalist Stephen Stock reached out to me to ask: “What are the rights of employees, and what are employer responsibilities when there is a threat of workplace violence?” I provided him a response that did air, but given the constraints of the evening news, I think it is important to provide a comprehensive analysis to the readers of this column.

According to data tracked by Everytown for Gun Safety (everytown.org), there have been 37 mass workplace shootings in California since 2009.  Sadly, and notably, five of those mass murders occurred in just the last 10 weeks. Employees now, rightfully, are on high alert for signs and behaviors which may foretell a pending attack. According to experts, the following behaviors may indicate warning signs of pending workplace violence:  threats of violence; intimidation; speaking about weapon ownership; intimidation; paranoia; angry and argumentative behavior; antisocial behavior like commenting favorably about violence in the news; and vindictive behavior such as saying, “he will get his,” or, “I’ll make her pay for that.” The United States Department of Labor has an excellent publication on the issue of workplace violence called the “DOL Workplace Violence Program.” It provides a guide that can be used in judging workplace behavior and what to look out for to predict and prevent workplace violence.

California Labor Code Section 6400 states that, “Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.” Case law has held that Section 6400 creates an explicit public policy requiring employers to provide a safe and secure workplace, including a requirement that an employer take reasonable steps to address credible threats of violence in the workplace. Therefore, if there are threats of violence, or reasonable fears for your safety in the workplace, report it to your employer immediately. It is best to do so in writing so that a record is established.

An employee may not be forced to work in an unsafe work environment and, pursuant to California Labor Code Section 6310, it is unlawful for an employer to discipline or discharge any employee for making a complaint of an unsafe working condition to them, Cal-OSHA, or any other government agencies with a responsibility to protect workers. My office has represented workers who have refused to go back to a jobsite where their foreperson had made threats of violence or, in some instances, where they have been struck by an employee or co-worker. We have also represented workers that have been retaliated against after making a complaint to their employer about unsafe workplace conditions and/or threats of violence in the workplace.  Likewise, we have represented workers fired after calling the police following an assault by a co-worker on the job. Employees who are retaliated against for making complaints of an unsafe workplace can recover economic damages such as lost pay, medical expenses, anxiety, grief, humiliation, and emotional distress. Tragically, I have also represented the family of a woman who, along with her boss and another supervisor, were shot and killed by a disgruntled employee who had made threats of violence which the employer did not take seriously.

Employers have a legal procedure that they can employ to prevent workplace violence. Pursuant to California Code of Civil Procedure (CCP) Section 527.8, “any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing for a permanent restraining order on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.”

“Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.  “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.

A Temporary Workplace Restraining Order can be filed using a form  which can be found here. A workplace Restraining Order can ban an individual from coming near the workplace, near an employee, or their families, and it requires that the restrained person surrender any firearms that they may possess to the police. A temporary restraining order can be obtained by an employer, immediately, by filing Form WV-100, with the local court and serving the same on the employee and the local police. After a hearing, the temporary order can be extended for a period of up to three years.

Workplace violence is becoming an epidemic. No one should take threats lightly. Employees should report the warning signs and employers should act promptly.  Reach out to a qualified trial lawyer to assist you, if necessary, to take action against your employer, should they fail to meet their responsibilities, or should you suffer retaliation  If an employer fails to take immediate and appropriate action; an employee may seek a protective order themselves. That will be discussed in next week’s column.

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Celebrating the Filipino Bar Association of Northern California’s 41st Installation Gala

Leading the Filipino Bar Association of Northern California (FBANC) in the midst of a global pandemic was an incredible test of character and determination. The FBANC 2020-2021 Board of Directors faced extraordinary demands during an unprecedented year: from completely transforming FBANC’s traditional in-person programming and events into a virtual format, to engaging members experiencing fatigue from months of pent-up anxiety, as well as fundraising to support FBANC’s operations and the FBANC Foundation during a complete shutdown of the economy. Despite these challenges, FBANC remained resilient and determined to carry out its mission of serving the community.

In the summer of 2020, the National Asian Pacific American Bar Association (NAPABA) bestowed its prestigious Affiliate of the Year Award to FBANC based on our deep commitment to diversity and inclusion, as well as our zealous service to the community. In October 2020, San Francisco Mayor’s Filipino American History Month Celebration also recognized FBANC’s four-decade-long commitment to the community.

This award and recognition celebrate FBANC’s long history as a social justice and community service organization. This past year, FBANC was determined to honor that history by providing pro bono legal services through our virtual legal clinics and Know Your Rights webinars to the public. FBANC remained committed to diversifying the legal profession by supporting our attorney and law student members with professional development programs (including hosting two virtual Komunidad conferences and a virtual Pinay Powerhouse Conference), networking and mentorship opportunities, and scholarships through the FBANC Foundation.  FBANC acted in solidarity with our Black brothers and sisters and combatted the rise in anti-AAPI discrimination and hate through coalition building and collaborations with our sister organizations. Amid our profound pain and loss, we found solace in this community – a community that stands up against systemic racism, oppression and injustice.

We know that the work continues. We know that systems of patriarchy, white supremacy and capitalism existed prior to the pandemic and that these systems teach us that we do not belong. I invite you to join FBANC in celebrating our 41st anniversary by attending our Virtual Installation Gala.  This year’s theme Know History Know Self reflect the work we continue to do to resist and fight against these systems of oppression.  For more information, go to https://fbanc.org/annual-dinner

I am grateful to the Dolan Law Firm, PC for its commitment to diversity, equity and inclusion and for wholeheartedly supporting organizations like FBANC and encouraging me to take on leadership roles to serve our community.

In Solidarity,

Mari Bandoma Callado
Dolan Law Firm Senior Associate Attorney and Director, Diversity, Equity and Inclusion
FBANC President 2020-2021

 

About FBANC:

Established in 1980, the Filipino Bar Association of Northern California (“FBANC”) is an organization of attorneys, judges, law students and paraprofessionals dedicated to serving the Filipino American legal community in Northern California.  Through the volunteer work of its members, FBANC offers various programs and events, including regular free legal clinics,  professional development and mentorship programs for its law student and attorney members. The organization also provides a voice for and advocates on behalf of Filipino American interests in various forums.

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