Tuesday, November 30, 2010

Strange bedfellows in "castle doctrine" controversy

Today, Governor Ed Rendell vetoed a bill overwhelmingly passed by the Pennsylvania House and Senate that would have expanded the right to use deadly force on a person's property. Essentially, that bill would have allowed property owners to use deadly force even when outside their home, or in their vehicle, without being required to retreat. Current law allows the use of deadly force within a person's home when threatened with deadly force, which generally includes the use of such force against an intruder, without having to retreat. What is interesting about this debate is that the law was opposed by the Pennsylvania District Attorney's Association and over 100 police chiefs throughout Pennsylvania. It is usually rare to see lawmakers opposing law enforcement officials so openly. And what is also unusual is that the passage of the law expanding the use of force was endorsed by many criminal defense lawyers! So you have the situation of defense lawyers on the same side as state legislators, who are usually loath to make such alliances, with the lawmakers opposing their more common allies, the police and prosecutors.
This may be a short-lived head scratcher, as the new state legislature is expected to revisit the issue when it convenes in January, and Governor-elect Tom Corbett is on record as being in favor of the legislation. Whether this legislation addresses a real problem, or is a solution in search of a problem, is a question that still remains.

Monday, May 3, 2010

Sexual orientation discrimination law

If you are a resident of Allegheny County or the City of Pittsburgh, you do have a right to be free from discrimination in employment and housing based upon sexual preference and orientation. Neither the Pennsylvania Human Relations Act or Title VII of the federal Civil Rights Act prohibits sexual preference discrimination. However, both the City of Pittsburgh and Allegheny County have ordinances prohibiting sexual orientation discrimination. Each has established a commission to investigate complaints of discrimination, and each provides that a complainant can file suit in the Court of Common Pleas after having exhausted the administrative process.

Pittsburgh's ordinance has been in effect since the 1990's; Allegheny County's ordinance was passed, with little public fanfare, in July, 2009. Both ordinances largely mimic the state law prohibiting discrimination, but are significant in broadening the scope of anti-discrimination protection to victims of sexual orientation/preference discrimination.