The Brentwood Community Council has asked the Pacific Palisades Community Council to help in an effort to prevent the installation of bus shelters, newsstands and kiosks displaying advertising in their communities. The Los Angeles City Council entered into an agreement in 2001 with CBS/Decaux to install 3,350 street furniture items citywide in the next 20 years. The city receives a guaranteed share of the total profit (about $150 million) from the advertising revenue and uses the money for beautification projects. The Brentwood council has sought legal advice regarding the issue and is requesting a financial contribution from the Palisades council, said member Gil Dembo at last Thursday’s Palisades meeting. Dembo will invite a representative to speak at the June 12 meeting about how the money will be used, so the Council can vote on the matter. On February 28, the Community Council voted unanimously to oppose the street furniture proposed for five locations in the Pacific Palisades, and the Los Angeles City Council honored the request. The city was planning to install those items by March 15. Brentwood Community Council’s attorney Beverly Grossman Palmer of Strumwasser & Woocher found that the contract the City of Los Angeles has entered into with CBS/Decaux (formerly Viacom) violates the city’s General Plan, which protects scenic highways, scenic corridors and specific plans for communities that outline how land will be used. Palmer has written a letter to the City Council. The Pacific Palisades Commercial Village and Neighborhoods Specific Plan, which went into effect in 1985, says that the following signs are prohibited: off-site commercial, roof, bench, pole, monument and window signs (except store names, store hours, logos and holiday paintings, which must be removed five business days after the holiday). Palmer’s findings also indicate that there should not be street furniture on Sunset Boulevard because it is a scenic highway. Pacific Palisades has bus shelters with advertising on the boulevard. ‘What we may have here in the city is an illegal situation. We would like to have them removed,’ Dembo told Mark Antonio Grant, special assistant to Councilman Bill Rosendahl, at Thursday’s meeting. Grant said Rosendahl does not want to ‘shove anything down someone’s throat,’ and he will strive to honor his constituents’ wishes. Two-thirds of the pillars, newsstand vending kiosks and public-amenity kiosks must be placed in areas that have the potential to generate revenue. That means some districts, including Rosendahl’s District 11, are required to install more, Grant said. Rosendahl is proposing the street furniture items be distributed more fairly. Council vice chair Richard G. Cohen said he thinks it may be a good idea to help the Brentwood council. ‘I read the letter, and they mentioned our Specific Plan,’ Cohen said. ‘They did not narrowly address the needs of Brentwood. They have already supported us.’
Justice Arthur Gilbert’s Book: Poetic Justice

Photo by Rich Schmitt, Staff Photographer
‘They’re the only tools judges have. You have to treat them with care and respect.’ So says Justice Arthur Gilbert, not about gavels or gowns, but about words. Dubbed the ‘Court of Appeals Poet Laureate,’ Gilbert wins praise for his clear, well-crafted opinions. ‘They should be understood by anyone,’ he says. ‘I think the craft of writing is really important. It’s a reflection of thinking.’ Gilbert’s gifted prose style shines in places other than legal documents. For 20 years, he’s written a monthly column for the Los Angeles Daily Journal. The pieces entertain with musings about everyday life while illuminating little-known facets of the judicial system. Now the popular columns are compiled in one volume titled ‘Under Submission’ (The Rutter Group, $20), with all the proceeds from sales going to Legal Aid. Gilbert, the presiding Justice of Division 6 of the California Court of Appeal, Second District, is a longtime resident of Pacific Palisades. He will discuss and sign copies of the book when he appears at Village Books on Swarthmore Avenue on Friday, June 6, at 7:30 p.m. Along with being a respected jurist and accomplished columnist, Gilbert is also a talented jazz pianist. His next gig at the Jazz Bakery in Culver City happens on Sunday, June 8, at 8 and 9:30 p.m. ‘Part of me wanted to be a full-time musician, but I knew it wasn’t for me,’ says Gilbert, who studied both music and literature before deciding to attend law school at UC Berkeley. ‘I don’t like to stay up late, I can’t stand cigarette smoke, and one drink is usually enough for me.’ Gilbert and his wife, Barbara, share their El Medio Bluffs home with two cats, Tatum and Powell, named after jazz greats Art and Bud. The couple, married 26 years, both share a passion for music. Barbara, a singer, often accompanies her husband on stage, and performs as a soloist at Kehillat Israel and Beth Am synagogues. ‘I started out wanting to be a jazz singer and became a classical soprano,’ says Barbara, who, like Arthur, comes from a musical family. The Gilberts also confess to being Disney Hall junkies who need regular doses of Brahms and Beethoven. ‘It’s an important part of our lives,’ says Gilbert, who is 70. ‘The music reaches me in a far different way these days. I’m truly transported.’ Always ruminating about cases, Gilbert jots down notes while at the symphony. He also listens to music while working in his office and even takes breaks at the piano. ‘One seems to feed the other,’ he says. It’s no surprise to find a grand piano at the center of Gilbert’s living room. During a recent interview at his home, a relaxed, personable Gilbert, by turns witty and serious, weighed in on a range of subjects, from Shakespeare and Robert Frost, to the landmark decision on same-sex marriage by California’s Supreme Court, to life in the Palisades. Born and raised in Los Angeles, Gilbert began his legal career as a deputy city attorney in the criminal division, where he met and became friends with the late Johnnie Cochran. Later he headed a private law practice. In 1975, Governor Jerry Brown, a classmate at Berkeley, appointed Gilbert to the Municipal Court. From there, he elevated to the L.A. Superior Court and to the Court of Appeal. Governor Gray Davis appointed him Presiding Justice of the Court of Appeal (Second District, Division 6) in 1982, the position he still holds. His court hears appeals from courts in Los Angeles, Ventura, Santa Barbara and San Luis Obispo Counties. Gilbert’s first judicial assignment was as supervising judge of L.A.’s traffic court, the largest in the world, where he made his mark by creating traffic citations in Spanish. The innovation led to reaching a much larger number of offenders and enabling them to appear in court. Decades later, Gilbert’s former status as ‘king of traffic court’ took an ironic twist when he got speeding tickets on PCH and had to attend traffic school– twice. He transformed these episodes into humorous columns: Traffic School Part I and Traffic School Part II. In Part I, he writes: ‘I signed up for one of the many Comedy Traffic Schools. The only joke turned out to be on me. I called to make an appointment, and picked what turned out to be the nicest Saturday of the year. Over the phone I was told what they tell buyers in drug deals’bring cash and be on time. On the way there, I panicked over the thought of getting a traffic ticket. This, I later learned, was a common phenomenon.’ In his columns, Gilbert brings his judges-are-human-too theme to any number of subjects, including getting a colonoscopy and running the L.A. Marathon. Other essays focus directly on legal issues: ‘The Activism of Supreme Restraint’ and ‘Freedom to Express All Points of View.’ When teaching judicial philosophy to new superior court justices, Gilbert makes Shakespeare’s ‘Measure for Measure’ required reading. ‘It’s so relevant today,’ he says. ‘The play highlights how if you’re too liberal in your interpretation of statutes, you have chaos, and if you’re too strict, too literal, you have injustice. Actually, you have injustice either way. The courts are walking a fine line. People may criticize some opinions, but there’s always a delicate balance. The play is all about the impossibility of achieving justice. We do the best we can.’ Gilbert says he’s proud of the California court’s decision ruling it unconstitutional to deny same-sex couples the right to marry. ‘There’s an irony about this case that knocks my socks off,’ he says. ‘In many respects, it’s a conservative case, because it talks about the sanctity and social importance of the marriage institution. The dissent talks about tradition by saying ‘Marriage is always between a man and a woman. Where does the court get off changing the definition?’ The court says marriage is such an important institution that we can’t deny it to a certain class of people. So both are using tradition to support their positions. I think in 30 or 40 years, people are going to say ‘What was the big deal?” Gilbert continues to relish sitting down with colleagues and wrestling with issues, so much so that retirement seems a long way off. ‘I feel young, take care of myself and love what I’m doing,’ says the judge, who intends to once again tackle the 10K in the local Will Rogers Run on July 4. He’s fervent, too, about life in Pacific Palisades. ‘It’s like being on vacation every day. They’re going to have to carry me out of here.’ (Selected columns by Arthur Gilbert appear on his blog, Gilbert Submits, at www.gilbertsubmits.blogspot.com.)
PaliHi Principal Search Narrows
Two Palisades Charter High School principal candidates fielded questions about their educational philosophy and background inside a crowded Mercer Hall last Thursday and Friday. Faculty, staff, parents and students gathered during the lunch hour to meet candidates Mara Simmons, an instructional leader at California Academy of Liberal Studies Early College High School, and Martin Griffin, who is overseeing the creation of alternative schools in the Escondido Union High School District. The hiring committee interviewed Simmons and Griffin twice in April and will make a recommendation to the governing board at its June 3 meeting. Simmons or Griffin will replace interim principal Marcia Haskin, who came out of retirement to fill the position last fall. On Thursday, Simmons, who has held one principal post (at Animo Leadership Charter High School in Inglewood from 2001-04), described herself as an out-of-the-box thinker and a hard worker who often stays at school until 6 or 7 in the evening. If hired, Simmons said she would like to increase the number of students taking Advanced Placement classes and introduce the International Baccalaureate program, which teaches students how to live and work in a globalizing world. ‘I am a strong proponent of preparing students for college and for life,’ Simmons said. When asked what she had observed during her visits to PaliHi, she answered, ‘I believe cohesion may be your biggest problem.’ To develop more camaraderie, she would create more opportunities for teachers to interact. At the beginning of the school year at Lennox Middle School, where Simmons was assistant principal from 1997-2001, the administrators hosted a Hawaiian party to kick off the school year. Palisades High officials offered Simmons the principal job last year, but she declined. Last Thursday, she told faculty, staff and parents that she had needed extra time to finish her doctorate in urban leadership from Claremont Graduate University, and ‘I didn’t feel as if I could fully give you me. I can now successfully say that is behind me.’ Her school, with about 300 students, also had a high turnover, losing two-thirds of its staffing, so she wanted to stay to provide stability. She moved from a teacher position into the role of instructional leader to oversee curriculum. She now thinks that CALS Early College High School, located in downtown Los Angeles, is stable enough for her to move on. ‘I love my school, but I will love any school I am at,’ Simmons said. ‘I am hoping it is Pali.’ On Friday, Griffin told parents, faculty and staff that he believes it’s important to work together to help children succeed. ‘We have to give them the ability to think ‘ to continuously be learners,’ he said. ‘One of the most important things is to provide them with the foundations.’ Griffin has been principal of Mount Miguel High School in Spring Valley (2000-03) and San Pasqual High School in Escondido (2003-07). He is currently developing Learning Centers in the Escondido district that emphasize computer-aided educational programs and independent study. ‘I always like to be a part of educational reform,’ he said. His goal for PaliHi would be to raise expectations. ‘It’s not a school that’s broken. It’s how to we continue to raise the bar to be more and more competitive so our students can compete in the world market.’ Griffin said he would like to enroll more students into Advanced Placement classes. He did so successfully at San Pasqual, which had a student population of about 2,500, by encouraging students to enroll and providing them with extra support. As a result, Newsweek magazine named the school as one of the top 1,000 schools in the United States. ‘Many students don’t feel welcome in [AP] classes, and all they need is encouragement,’ he said. He describes his role as a principal as one that ensures everyone on campus is working toward the same vision as a team. ‘I don’t work alone; I work with people,’ Griffin said, adding that he is always available, but asks people to schedule an appointment so he can give them his proper attention. ‘Developing communication is key.’ Griffin is currently working on his doctorate in administration in an urban setting from UC San Diego/University of San Diego/Cal State San Marcos. If hired, he would take time off from his studies in order to fully focus on PaliHi and then transfer doctorate programs. He looks forward to the possibility of working at the high school. ‘I love kids,’ Griffin said.
Palisades Wine Group Offers Pinot Noir

Photo by Rich Schmitt, Staff Photographer
Scott Knight and his partners, Tim and Judy Perr, already had a successful business in Pacific Palisades when they decided to launch a new venture: Pali Wine. The three, who freely admit they were amateurs when it came to wine production, have an actuarial consulting firm (Perr & Knight) in the 881 Alma Real building. The company was founded in 1994 and has 100 full-time employees across the country, with offices in Irvine, Jersey City and Boca Raton. Their business is solid and growing, so what would possess them to enter a field as speculative as producing and selling wine? ‘It evolved out of drinking wine,’ Tim Perr said. ‘Judy and I enjoyed visiting wineries and collecting wines and the business became intriguing to us.’ The Perrs (who live in the Palisades) and Knight gathered equally enthusiastic wine-drinking friends and co-workers to start a company, and were ‘cheeky’ enough to vow they wouldn’t be satisfied unless it featured a quality pinot noir. ‘We didn’t want to make an average wine,’ Tim said. ‘We want the best fruit and best winemaker and yet keep the prices as low as possible.’ They started by convincing Brian Loring, a legendary pinot noir winemaker in Lompoc, to craft the wine. Their enthusiasm and a plan to produce single-vineyard wines finally convinced Loring and, in January 2005, Pali Wine came into existence. Next, the group had to find the right grapes, because most had already been promised to other wineries. Oregon’s Shea Vineyards had offered fruit to Loring and he gave some to Pali Wine, along with grapes from Durell (Sonoma) that he didn’t need for his own production. ‘He was completely instrumental,’ Judy Perr said. ‘He could have had sold the grapes to anyone, but he sold to us.’ The Palisades group also secured small amounts of grapes from Inman Olivet (Russian River), Carasacchi Jalamas (Lompoc), and Turner Vineyards (Santa Rita Hills in Santa Barbara). When the grapes were harvested, the 20 partners and additional friends worked the ‘crush’ at Lompoc, which meant they de-stemmed, pulled off leaves and separated other undesirable material from the grapes. ‘The first few years, we had no paid labor whatsoever,’ said Knight, a Santa Monica resident who admitted that the agricultural community surprised them because, ‘people at other wineries are willing to help you out and you do the same for them.’ ‘The people in the wine business are down-to-earth,’ Tim noted. ‘Everyone does business on a handshake and everyone keeps their word.’ The Pali Wine group’s next decision was whether to use corks, because corks cause between five and 10 percent of wines to become tainted with trichloroanisole (TCA), which is harmless but gives the wine a bad taste. ‘About one bottle out of every six has TCA,’ Judy said, ‘but the problem is people don’t think it’s a good wine unless it has a cork.’ Instead of a cork, Pali wines have a saranex liner that allows a small amount of air to leak into the bottle, which is how wines age with a cork. In 2005, the Pali Wine Company produced 1,300 cases of pinot noir and received high grades from various wine tasters. One-third of their product was sold through mailing lists and the rest wholesale in 13 states. In 2006, the group retained the same vineyards and added Fiddlestix (Santa Rita Hills), Morntazi (Willamette Valley, Oregon) and Keefer Ranch (Russian River). They produced 3,000 cases and were licensed in 26 states. From the 2007 harvest, they project that they will have 4,000 cases from 11 vineyards and will reach 40 states. ‘We’re also looking toward the international market,’ Knight said. Last year, the group purchased their own winery in Lompoc, which they share with their friend Brian Loring. ‘We built a winery that we could all fit into,’ Knight said. Pali wines continue to grow in popularity and continue to score in the 90’s. Anthony Dias Blue with the Blue Lifestyle Minute said, ‘Pali Wine Company’s 2006 Pinot Noir, Fiddlestix, Santa Rita Hills for $48 is the best I have tasted yet this year. At 94 points, this pinot is bright and juicy with black cherry and serious fruit.’ Pali Wine Company is also creating a special reserve with a Palisades theme. Although the Perrs live in the Huntington Palisades, the first two bottles will be called Albright and then Bestor, followed by other street names. Maybe Charm Acres? The company currently makes eight different pinot noirs that can be purchased at Gelson’s or by visiting www.paliwineco.com
Dolphins Swim to Three-peat

Photo by Rich Schmitt, Staff Photographer
In the end, not having a pool to practice in only strengthened the resolve of the Palisades High swim team. Coach Maggie Nance spent most of the season scrambling to find places for her swimmers to practice. Somehow it worked. The Dolphins’ varsity girls managed to win their third consecutive City Section swim title and 19th overall last Wednesday at Los Angeles Memorial Pool while the varsity boys, who took eighth last spring, moved up a spot to seventh. Despite not winning one individual event, the girls had enough to outscore runner-up Cleveland, 291-246 ‘. Depth is what made the difference. In some strokes, like the 50 and 500 freestyle, Palisades qualified four swimmers for the finals and consolation rounds. In the 200 freestyle, 200 individual medley, 100 butterfly and 100 freestyle, Palisades had three swimmers. “I’m very proud of the girls, considering everything we went through this year,” said Nance, who calculated that if each girl matched her prelims place and if they won the relays the Dolphins should win by 12 points. The final margin, however, was even more decisive than that. Heading into the first event, the 200 medley relay, Palisades’ Hayley Hacker, Mariah Young, Alyssa Machida and Kristin Fujii were seeded second behind Cleveland and the Dolphins’ foursome finished second. In the 200 freestyle, Pali’s Ana Silka moved up a place to third but senior Jasmine Punch dropped a place to sixth and Shelby Pascoe took seventh. Palisades started to take control of the meet in the 50 freestyle, where junior Nicole Washington took second, Lemoine placed third, Hannah Kogan swam seventh and Emily Newman was ninth–giving the Dolphins a 30-point lead. Cleveland made up 10 points in diving, where Pali didn’t have a competitor. “When the pool gets built, we’ll be able to have diving,” Nance said. Palisades had four girls qualify for the 500 freestyle to Cleveland’s two and the Dolphins started to pull away, taking third (Pascoe), fourth (Silka), sixth (Jasmine Punch) and 11th (Perelshteyn). In the 200 yard freestyle relay, Palisades was seeded second and maintained its place as Washington, Emily Newman, Kampe and Lemoine dropped four seconds from their prelim time and missed first by two-tenths of a second. Venice swimmer and former Paul Revere student Andi Murez broke the city record (58.00) for the backstroke with a time of 57.48, pushing Pali swimmers Fujii and Hacker to personal best times, taking second and third respectively. Palisades’ varsity boys are rebuilding and the highest place finishes were by freshman Shervin Ghaffari who took fourth in the breaststroke, junior Kim Charles, fifth in the butterfly, and sophomore John Cullen, who swam a personal best in the 100 backstroke to take sixth. Ghaffari, who swam all year as a fresh/soph swimmer was moved up during city prelims and easily qualified for the finals. The fresh/soph boys and girls took first in numerous events, which also bodes well for Nance’s team next year, if pool space can be found. Nance will be losing senior girls, Fujii, Kent, Punch and boys Carl Kaplan and Andrew Le. Both Kaplan and Le placed in the consolation rounds at the meet.
Huntley Paces Pali at Track Finals
Palisades High was well represented at last Thursday’s City Section track and field championships. The Dolphins had 22 athletes qualify for the final meet at Birmingham High in Lake Balboa and none enjoyed a better day than senior Tuekeha Huntley. Huntley medaled in three events and won the girls’ varsity high jump with a height of 5 feet, two inches–four inches clear of her closest competitor. She also finished fifth in the 300 meter hurdles, right behind teammate Erika Martin, and anchored the girls’ 4 x 400 relay team, which took seventh. “This is the most kids I’ve ever had in the finals, top to bottom,” Palisades Coach Ron Brumel said. “Tuekeha did great [in the high jump] considering she cleared 4-9 at prelims. The fact that she qualified for City finals in four events is impressive enough.” Perhaps no performance all day impressed Brumel more, however, than sophomore Carlos Bustamante’s third-place finish in the boys’ varsity 1600 meters. He put on a late charge to finish in a personal-best 4:26.60, less than four seconds behind winner Pablo Rosales of San Pedro. Bustamante will join Huntley at the state finals this weekend at Cerritos College in Norwalk. “Carlos surprised me the most because he dropped six seconds off his best time and he had to run 4:37 just to qualify ninth,” Brumel said. “In that race I always say you run the first five-eighths with your mind and the last three-eighths with your heart. You want to be in a position to make a move in the last 600 meters and that’s what he did.” Bustamante is Palisades’ first male miler in 12 years to qualify for the state meet. Brumel admitted his team was worn out from the previous week’s City preliminaries so he told Bustamante to ease off on his training leading up to the finals. “On my list he’s one of the top three distance guys I’ve had here,’ Brumel said of Bustamante’high praise indeed considering he once trained former Cal standout Peter Gilmore, now one of the United States’ premiere marathoner runners. “He’s a phenomenal kid with a ton of talent. And he’s only a 10th-grader so he’s only going to get better.” In the boys’ varsity 800 race junior Michael Fujimoto came in seventh in 2:04.29 and Mohaned Elias was unable to finish after getting hit in the stomach with the high jump bar–an incident that upset Brumel. “They called it a freak accident but something like that should never happen,” Brumel said. “The high jump pit was way too close to the track to begin with and some kids were just being careless. It’s unfortunate that it ruined one of my kids’ races. When I saw he had stopped my first thought was that he had a cramp. I didn’t learn what actually happened until later.” Kyle Hale, who had qualified second in the 110 varsity hurdles, finished sixth in the finals in 15.65 seconds and fellow senior Marcus Barrow finished fifth in a jump-off in the long jump with a leap of 20 feet, 11 inches. Ninth-grader Solomon Isreal placed eighth in the boys’ frosh/soph 400 (clocking 55.50 seconds) and Farzan Shirimfar, another freshman, was fourth in a jump-off in the boys’ frosh/soph high jump, clearing five feet, four inches. Sophomore Erika Martin was fourth in the girls’ varsity 300 hurdles and 5th in the 100 hurdles. Junior Camille Liberatore cleared nine feet, six inches and finished second in the girls’ varsity pole vault after a three-way jump-off. Shidera Izuchukwu was sixth in the varsity shot put with a throw of 32 feet, 11 inches. Several frosh/soph girls also turned in notable performances, particularly Mariah Fisher, who won the high jump with a height of four feet, 10 inches, and finished sixth in the 400 meters in 63.58 seconds. Sophomore Michelle Collatto was 13th in the 1600 in 5:51.47 and Karli Feder was 16th in the 3200 in 13:27.73.
Baseball out of Playoffs

Photo by Rich Schmitt, Staff Photographer
Its final game was a loss but the Palisades High baseball team’s season was all about winning. Under first-year coach Mike Voelkel the Dolphins won 20 games and advanced to the quarterfinals of the Championship Division playoffs, where they lost to Chatsworth, 10-2, last Friday. At first, it looked like Palisades might pull off the upset when Jonathan Moscot’s solo home run gave the eighth-seeded Dolphins a 1-0 lead in the top of the second inning. However, the top-seeded Chancellors scoreed six runs of their own in the bottom of the frame to chase Palisades starter Buck Traweek. In last Wednesday’s first round game, Moscot pitched a seven-hitter to lead the Dolphins past ninth-seeded Banning, 3-2, at George Robert Field. Moscot struck out the Pilots’ Joel Romero to end the game. “I knew I was going to get the ball because we had to win this game,” Moscot said. “It really helped pitching with the lead most of the way. I got a little nervous after the balk but I was able to settle myself down and execute. I love being able to close games out.” Moscot also contributed at the plate. He doubled off the center-field fence to drive in teammate Alex Meadow with the Dolphins’ first run in the bottom of the first inning and doubled to right field with two outs in the fifth inning. “As a coach, you’re always trying to think an inning ahead so we were prepared to lift Jon if we had to,” Palisades Coach Mike Voelkel said. “He did a good job of minimizing the damage.”
Pali Storms to Title

Pali Storm, a local U10 AYSO girls’ all-star team, weathered 100 degree heat and dominated impressive competition, allowing four goals in five games to take first place at the Fox & Hare Tournament in Lakewood May 17-18. ‘I’m most impressed by the physical and mental perseverance of the girls this weekend’ Coach Scot Vorse said. “It was extremely hot and physical the entire tournament. The girls never let up and shut down some very talented and powerful teams.’ The Pali team, also coached by Don Parcell and Dan Brecher, defeated Long Beach, 2-1, blanked host Lakewood, 2-0, and tied local rival Santa Monica to advance to the semifinals. At noon in blazing heat, the Storm defeated the highly regarded Palos Verdes Blazers 2-1 to reach the Sunday final. For the championship, the Storm once again faced Santa Monica in an intense match. The Storm scored early in the first quarter, following up with shot after shot. Late in the third quarter, Pali again found the back of the net. Santa Monica went on the attack late but the Storm defense did not give in, allowing Santa Monica few scoring opportunities. The game ended 2-0 and was the Storm’s 22nd shutout of the season. Each girl played a key role in securing the championship: Jayne Baumgarten, Caity Buerge, Caitlin Keefe, Michaela Keefe, Kaitlyn Parcell, Georgia Raber, Charlie Robinson, Erin Ross and Lili Vorse frustrated their opponents by controlling the midfield with tough defense and skillful passing. With nearly 40 victories and several tournament championships this season, Pali Storm escorting the Pali Blues women’s soccer team onto the field and joined in the Blues’ opening ceremonies before last week’s home debut at Stadium by the Sea. Pali Storm strikes next at the Mission Cup in Encino before traveling to Santa Barbara June 7-8 for their final tournament of the season.
Federal Court Hears Appeal Vs. Local Scout Troop
More than a year ago, a federal district court judge dismissed a lawsuit that the parents of a 14-year-old autistic boy filed against Pacific Palisades Boy Scout Troop 223 alleging discrimination on the basis of their child’s disability. The parents appealed the judge’s decision and, last Thursday, their attorney, Christopher Knauf, presented their case at the U.S. Court of Appeals for the Ninth Circuit in Pasadena before Judges Jay Bybee, Marsha Berzon and Barry Silverman. ‘We feel the lower court erred in dismissing this case,’ Knauf said. The parents, Palisades residents Jane Dubovy and Mike Reilly, argue that Boy Scout Troop 223 violated the Americans with Disabilities Act (ADA) when the Scout leaders excluded their son, Casey Reilly, from a week-long scouting trip, which prevented him from advancing in rank. In October 2006, Federal District Court Judge S. James Otero dismissed the case, ruling that the Boy Scouts is a private club that does not have to comply with ADA, which became law in 1990. ADA prohibits discrimination on the basis of a disability, but private clubs and organizations are exempt from the law. Last Thursday, Knauff argued that a 2001 case mandated that a private organization, the Professional Golfers’ Association, follow ADA and, therefore, that could apply to the Scouts. ‘They don’t meet the definition of a private club,’ Knauf said, arguing that Troop 223 is open to every boy of a certain age in the community, and this is the only restriction. Reilly met all the requirements, but when his disability became an issue, he was excluded, Knauf said. In 1993, the U.S. Court of Appeals for the Seventh Circuit ruled that the Boy Scouts is a private club that is exempt from the Civil Rights Act, which also means it doesn’t have to follow ADA, attorney Carla Kerr countered. ‘It’s not a legal argument,’ she said, noting the Boy Scouts can legally exclude members based on religion and sexuality. Kerr, who works for the firm Hughes Hubbard & Reed, said that just because the Boy Scouts invites neighborhood boys to join does not make it an open club. Churches, which are private organizations, also solicit members, she said. The judges should make their decision in the next six months, Knauf said. If the parents lose the case, they can appeal to the U.S. Supreme Court. If they win, their case will return to the federal district court for a trial or the Boy Scouts can appeal the decision to the U.S. Supreme Court. The issue began in 2005 when Reilly’s father could not attend a seven-day trip to Emerald Bay on Catalina Island. The Boy Scouts had asked Reilly’s father to attend all of the activities to supervise his son, who has a form of autism called Asperger’s Syndrome, which is associated with impaired communication skills, repetitive patterns of behavior and weak motor skills. Reilly had to participate in the trip in order to become eligible for Eagle Scout. His teenage brother was able to travel with him on the trip, but Scout leaders refused to allow this, Knauf said. After the campout, one of the troop leaders e-mailed Reilly’s parents, citing their son’s disability as an obstacle in his participation, and saying their son would not advance, but could start again as a first-year Scout. Paula Pearlman, who is helping with the case through the Disability Rights Legal Center (DRLC), argued that it was unfair to require Reilly’s father to attend every function when that is not a requirement of the other boys in the troop. Reilly shouldn’t be forced to start over when ‘he would have gone on the trip, and he wanted to go,’ Pearlman said. It’s not uncommon for troops to require parents of children with disabilities to attend all functions, Kerr said. Troop 223 has existed for more than 50 years, and other children who have attention deficit hyperactivity disorder or autism have participated with the help of their parents, she said. ‘Asking one father to go is not outrageous.’ Reilly, who has outbursts where he spits, kicks and swears at the other children, requires additional supervision, Kerr said. Fathers, who volunteer to run Boy Scouts, would have had difficulty supervising him and the other 12- to 15-year-old boys during the seven-day trip. The hope of the lawsuit is that troop leaders will receive adequate training to work with children who have disabilities, said Shawna Parks, director of DRLC. By excluding Reilly from the trip, ‘they’re saying if you have autism, you can’t be in our group,’ said Pearlman, executive director of DRLC. Kerr said that Reilly was not asked to leave the Boy Scouts, but to start over with a younger group. Perhaps he would be more mature, Kerr said. ‘I don’t think they were unfair to him.’ Knauf countered that even if Reilly had been held back a year, his behavior issues would not change because of his autism. ‘He had the right to move forward with his friends,’ Knauf said. Last Thursday, attorney Jennifer Brockett, with the firm Davis Wright Tremaine, filed a friend of the court brief on the parents’ behalf. She believes people with disabilities should be able to participate in recreation in their communities without facing discrimination. Brockett said she hopes her brief will encourage the judges to consider how their decision will affect not only Reilly, but also other children with disabilities. ‘The ability to participate in recreation is the ability to participate in society,’ Brockett said.
Dog Attacks Threaten Owners’ Mail Delivery
After having six of his mail carriers bitten or threatened by dogs in the last two months, Pacific Palisades Postmaster Jason Miles is taking action. ‘I have to provide a safe working environment for my employees,’ said Miles, who is asking local dog owners to restrain their animals between 9:30 a.m. and 4:45 p.m. ‘Do not place your animal in a situation where it could even come in contact with one of my employees,’ Miles wrote in an open letter to homeowners. ‘While you may not believe that your pet is a threat, my employee–your mail carrier–is a stranger who must enter the property of a territorial animal.’ If you chose not to keep your pet restrained and the dog is threatening or has made threatening advances, Miles will stop mail delivery to your residence. In order to resume delivery, the registered owner of the dog will be required to meet with Miles and sign a contract, which includes a statement that the dog owner will have the dog restrained during delivery hours. ‘The suspension of delivery is not the most desirable method, not do I enjoy the inconvenience that it may cause you, but it is completely legal and well within my rights to protect my employees,’ Miles wrote in his letter. He noted that two of the recent dog attacks caused injuries that were serious enough to require medical treatment and transportation to a medical facility. Miles has also contacted the L.A. County Department of Animal Services, which will enforce code 53.34: ‘It is illegal to allow your dog to assault, menace or threaten another person or other animal. Failure to control your dog could result in losing your dog and the right to own a dog for three years.’ Mail carriers are equipped with Mace to help ward off attacks, Miles said, but usually have their hands full with mail and are unable to reach the Mace in time. Working in the Palisades, carrier Julie Garcia suffered a dog bite that put her on disability for six months and required plastic surgery to her face. ‘I was aware that there was a dog at the residence,’ Garcia said. ‘The yard had a three-and-a-half-foot fence around it, but as I approached the yard, a man opened the door and the dog leaped over the fence and bit me on the face.’ Miles said, ‘Over the course of their careers, 65 to 70 percent of my carriers have been bitten. This is not okay.’ Supervisor Otis Foster pointed out that when a mail carrier is bitten and leaves work (either to be treated or to go out on disability) it affects the entire community. ‘We have to cover that assignment,’ Foster said. ‘Then people complain because the mail is late.’ ‘You can’t expect a new person to learn 500 names in three hours,’ said Miles, who warned dog owners that carriers can file civil lawsuits if they are bitten.