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Editorial
Deadly
Discrimination in the Northeast Kingdom
By Deborah T. Bucknam
Duane Perry was a sweet natured,
decent man who was viciously abused by his wife, Debra Perry. In 1997 Debra
fractured Duane’s leg so badly that he required surgery. After Debra broke
Duane’s leg, Debra went to Step One, the Orleans County equivalent of Umbrella,
claiming abuse by Duane. Like the typical abuser, Debra wanted to deprive
Duane of any outside protection he might seek. Like most female abusers,
Debra knew she could do that successfully by going to the local domestic
violence organization and claiming abuse first. Not only did Debra receive
assistance from Step One, but she also obtained free legal assistance from
Legal Aid. Duane received neither. When he went to court, his leg was in
a cast. Despite that dramatic demonstrative evidence, the court found that
both parties were abusers, but Debra was awarded the marital home, custody
of the parties’ two young boys, and Duane was allowed only limited contact
with his sons.
I had the privilege of representing
Duane Perry in his initial attempts to protect himself and his family.
Disheartened by the court’s decision and by the fact that there was no
financial or other support for him as there had been for Debra, Duane did
not seek abuse protection when Debra continued to abuse him. Several years
later, Duane did request and receive custody of his sons—not because of
abuse, but because Debra was living with a pedophile. Duane was then viciously
murdered at the direction of Debra Perry—just weeks after Debra was ordered
to pay Duane child support for his boys.
The criminal proceedings
against Duane’s murderers were held in Newport and extensively reported
in St. Johnsbury. Despite the fact that Duane was maliciously slandered
by the defendants in the criminal proceedings, no domestic violence organization,
including Umbrella, expressed outrage at the defendants’ disgusting excuses
for domestic violence.
Umbrella was silent about
the Duane Perry case because the organization believes that only women
are legitimate victims of domestic abuse. Each year during Domestic Violence
Awareness Month, Umbrella displays silhouettes of murdered victims of domestic
violence. None of the victims displayed are men. Why? A spokeswoman for
Umbrella stated two years ago in the Caledonian Record that the
reason men victims of domestic violence are not honored is because "They
were all abusers themselves." What an astonishing statement! All men
who are murdered victims of domestic violence are abusers so Umbrella will
not recognize their deaths. Umbrella’s message is unmistakable: male victims
of domestic murder deserve their fate. Due process would be too good for
them. Their female partners’ self help remedies are A-OK.
Umbrella also does not help
abused men who seek help from the organization because the organization
believes, as its spokeswoman said two years ago, that men who request help
for domestic violence are themselves abusers. Indeed, Umbrella’s Web site
states: "the organization has addressed a broad range of issues impacting
women and families, including violence against women…" Men need not apply.
While Umbrella does not directly
advertise its discriminatory policies, its advertising is geared only towards
female victims. Moreover, men who have tried to obtain help from Umbrella
have been turned away.
Umbrella also has recently
taken over supervising non-custodial parents (mostly fathers) whom the
courts have ordered to have supervised parent child contact with their
children. Family Tree ran that supervised visitation program successfully
for six years. Family Tree had a reputation for treating all parents fairly.
However Umbrella made the bogus claim that Family Tree was not a "community
based" organization, and therefore Umbrella was awarded the State grant.
The result was that for several months, there was no supervised program
for parents in St. Johnsbury. Umbrella has finally established its program,
called "Family Room", replacing Family Tree. Umbrella has instituted stringent
"safety" policies that sound more like visitation in jail. Its brochure
for its Family Room program boasts that it has "monitors, alarm systems,
a Garrett Super Scanner Metal Detecting Wand, and the Intoxilyzer Alcohol
Breath Tester" and that "all visits will take place not only under the
watchful eye of our trained monitors, but by extensive safety equipment
as well." Umbrella believes one cannot be too careful when dealing with
men.
Now Umbrella seeks public
funding and permission to open a shelter for women and children in St.
Johnsbury. Umbrella will claim it cannot accommodate male victims of domestic
abuse. That is just an excuse for Umbrella’s gender profiling and discriminatory
practices. Vermont and the Federal government have enacted laws against
discrimination in public accommodations to target organizations that make
such excuses. Vermont Statutes provide as follows: "an owner of a place
of public accommodation…shall not, because of race, creed, color, national
origin, marital status, sex, sexual orientation, or gender identity of
any person, refuse, withhold from, or deny to that person any of the accommodations,
advantages, facilities, and privileges of the place of public accommodation."
A similar federal law only applies to discrimination against a person on
the basis of race, color or national origin. Vermont has chosen to protect
persons in additional categories, including sex.
"Public accommodation" is
defined in the Vermont discrimination statute as a "…facility at which
services, …advantages, benefits or accommodations are offered to the general
public." Umbrella is, by statutory definition, then, a place of public
accommodation. By refusing to help men victims of domestic violence, by
refusing to honor male murder victims, by refusing to provide shelter for
male victims, and by treating men differently than women, Umbrella is violating
state law—at taxpayer’s expense.
To be sure, women need protection
from domestic violence as well as support in their efforts to protect themselves
and their families. So do male victims of domestic abuse. In my experience,
men are reluctant to pursue abuse claims against their partners because
they are embarrassed, and they know there is no support for them at Umbrella
or any other domestic violence organizations. They feel helpless and ashamed—much
like women did nearly 30 years ago when their domestic violence
complaints were ignored or minimized.
No organization, no matter
how well intentioned or how powerful, should engage in unlawful discrimination.
Bigotry has no place in our society. Umbrella’s gender profiling and discriminatory
practices should stop because it is against the law—and because it can
have deadly consequences.
--Deborah Bucknam has
been practicing law in Vermont since 1979, and was recently licensed to
practice in New Hampshire.
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