Washington DC Parent Files Lawsuit to Ensure Her Child with Asthma and Allergies Is Accommodated in Afterschool Programming
On Dec. 11 Ms. Keysha Powell, a Washington DC parent, filed a lawsuit against the District of Columbia for failing to accommodate her child in afterschool programming. Ms. Powell is represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (“WLC”) and co-counsel Ropes & Gray LLP.
Ms. Powell’s child is a seven-year-old with asthma and severe seafood allergies, who needs trained staff to administer an inhaler and EpiPen. The lawsuit alleges that DC failed to accommodate the child’s disabilities by failing to have trained staff who could administer the medications. As a result, the child lost educational opportunities and access to extracurricular activities. Ms. Powell, in turn, had to leave work early to pick up her child early from the afterschool program.
Children with disabilities deserve equal access to afterschool programming and are entitled to participated alongside their peers. Time spent in afterschool programming improves children’s mental and physical well-being and supports their development.
For 2024 Human Rights Day, we are featuring perspectives from three WLC attorneys who show us that the fight for workers' rights, prisoners' rights, and education equity has never been more urgent.
Dee Um, Fellow at Washington Lawyers' Committee: "December 10 is International Human Rights Day, which commemorates the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. Under Article 23 of the UDHR, all people have the right to work in just and favorable conditions and receive equal pay for equal work, ensuring for them and their families “an existence worthy of human dignity” [1].
For over 50 years, the Washington Lawyers' Committee for Civil Rights and Urban Affairs (WLC) has fiercely advocated for workers being denied these fundamental rights in D.C., Maryland, and Virginia. In September, I joined WLC’s Employment Justice practice as a Public Service Venture Fund Fellow. During my fellowship, I will represent immigrants, formerly incarcerated individuals, restaurant and construction workers, and others facing discrimination, harassment, and wage theft in the workplace.
This fall, our team secured an $800,000 settlement on behalf of a group of construction workers [2]. These workers filed a lawsuit against three construction companies, based on the misclassification and wage theft they faced during their time constructing a major public works project in the DMV. In another case, WLC reached a successful settlement on behalf of two female construction workers who were fired after reporting sexual harassment by a supervisor [3].
Eleanor Roosevelt, who helped draft and champion the UDHR, asked "Where, after all, do universal human rights begin? In small places, close to home -- so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works” [4]. As we celebrate International Human Rights day, I commend WLC’s clients and staff for fighting for workers’ rights in these places, big and small."
Hannah Mullen, Counsel at Washington Lawyers' Committee: "December 10 is International Human Rights Day. I'm so proud to work at the Washington Lawyers' Committee for Civil Rights and Urban Affairs (WLC), where we work every day to fight for the human rights of incarcerated people.
The Prisoners' Rights Team at WLC investigates and litigates the mistreatment of incarcerated people in facilities in the greater Washington, D.C. area and in the federal Bureau of Prisons. Our work addresses a wide variety of abuses facing people in carceral facilities: physical abuse and harassment by staff, grossly inadequate medical and mental health care, contaminated food and water, and other dehumanizing conditions of confinement.
WLC's work is especially important because our clients, and all incarcerated people, are particularly vulnerable to treatment that violates their human and civil rights. Prisons and jails restrict incarcerated people's access to phone calls, mail, and other ways to contact the outside world — making it difficult for them to seek help when they are facing mistreatment. Staff may threaten retaliation if incarcerated people report what they have endured while in custody. And legal doctrines like qualified immunity make it unusually difficult to hold government actors accountable for the mistreatment of incarcerated people. High-quality legal representation is often essential to protecting incarcerated peoples' rights and seeking accountability for those who violate them.
WLC is committed to fighting for the human and civil rights of incarcerated people and I'm grateful to be a part of this powerful work."
Ellie Driscoll, Fellow at Washington Lawyers' Committee: "December 10 is International Human Rights Day. Every day, the Washington Lawyers' Committee for Civil Rights and Urban Affairs (“WLC”) works to protect the human rights of individuals in D.C., including by advancing the right to education for young people with disabilities.
I joined WLC in September as a Meselson-Liman Fellow to contribute to these efforts. During my year-long fellowship, I will work on strategic litigation to enforce the educational rights of young people in the District who are drawn into the criminal legal system, representing young people with disabilities who are in detention or under court supervision who have not received the full scope of the special education services to which they are entitled. My work focuses specifically on ensuring that young people with disabilities have access to transition services—services that help students transition from high school to independent living, reach college or obtain vocational training, and find employment. These services are critical for all youth with disabilities but are particularly important for youth in the criminal legal system; when system-involved young people receive transition services, recidivism rates plummet.
My work builds on WLC’s cases challenging the failure to provide special education for students at the D.C. Jail [1] and in the Federal Bureau of Prisons [2]. Less than 63% of District of Columbia students with special education needs graduate high school in four years and graduation rates for incarcerated students with special education needs are as low as 19%. Yet special education is critical to helping young people break out of cycles of incarceration, contribute to their community, and thrive.
WLC is committed to fighting for equity and ensuring that all young people with disabilities in the District have access to special education."
Pro Bono Spotlight
Fish & Richardson pro bono team: Daniel Tishman, John Thuermer, Payal Patel
Fish & Richardson
Magale Narce is an unhoused street performer who was arrested by the D.C. police for busking – playing music, singing, and entertaining the crowd waiting in line at the D.C. Convention Center. Busking is a recognized form of free speech, but the Panhandling Act makes “aggressive” panhandling illegal, and its vagueness leaves far too much gray area and discretion to officers.
WLC co-counseled the case with the law firm Fish & Richardson. They sued the officers who arrested him without probable cause and in violation of his First Amendment rights to solicit funds on the street. The lawsuit addressed the District’s enforcement of the Panhandling Act which unconstitutionally restricts individuals from engaging in protected speech in public forums.
In September 2024, after nearly two years of litigation, Mr. Narce was able to amicably settle this dispute with the District and find the closure that he desired. The District’s mediation program proved to be effective and streamlined, allowing for the dispute to be settled in a matter of hours.
Dan Tishman – Fish & Richardson’s principal and WLC board member – led the Fish & Richardson’s pro bono team. “Working with the WLC and Mr. Narce was incredibly rewarding—to witness Mr. Narce’s positive experience with the judicial system, the government, and law enforcement was truly inspiring and gave me great hope that together we are all part of a system that strives to do the right thing.”
WLC Board Tribute
Claudia A. Withers
Claudia Withers, co-chair of the WLC Board of Directors, will step down as Board co-chair at the end of December 2024. She will remain on the Board Executive Committee and will be succeeded by Avis Buchanan who will become Board co-chair alongside Joe Davis, WLC Board co-chair, in January 2025. Claudia has led WLC through a major period of transition and transformation including a transition in senior staff leadership, a new strategic plan involving intensive board input, implementation of WLC's first Collective Bargaining Agreement, and the introduction of 16 new board members. Claudia was selected to co-lead the WLC Board because of. her extensive experience leading many prominent civil rights organizations, including Civil Rights Corps as chief operating officer ("COO"), the NAACP as COO, U.S. Department of Education as deputy general counsel, DC Bar Foundation as director of programs, and Fair Employment Council of Greater Washington as executive director. In addition to her impressive nonprofit leadership experience, Claudia has served as an adjunct professor at the David A. Clarke School of Law at the University of the District of Columbia, and the Washington College of Law at American University. According to Joanne Lin, WLC Executive Director, "My entry and transition into the Washington Lawyers' Committee for Civil Rights and Urban Affairs went as smoothly as one could ever hope for — in large part because of the steady leadership of Claudia Withers, along with her fellow board co-chairs. I was in close touch with Claudia every week, and she advised me on major leadership, management, and governance issues through my first 20 months as executive director. As a fellow nonprofit leader, Claudia understood every challenge I faced and helped me steer WLC to success. I am so grateful for her wise counsel — always principled and pragmatic."
WLC Staff Profile
Hannah Mullen
Hannah Mullen joined the Washington Lawyers' Committee for Civil Rights and Urban Affairs in 2024 as the Police and Prison Accountability Attorney. She litigates civil rights cases that hold prison officials, police officers, and other government actors accountable. Hannah previously litigated civil rights cases at the Council on American-Islamic Relations Legal Defense Fund, where she was part of the team that won a 9-0 victory in the Supreme Court case FBI v. Fikre (2024). Hannah is a magna cum laude graduate of Harvard College and Harvard Law School. She clerked for Judge Merrick Garland on the U.S. Court of Appeals (D.C. Cir). She was also a clinical fellow at the Georgetown Law Appellate Courts Immersion Clinic.
Associate Trustee Spotlight
Tyler Knoblett (Willkie Farr & Gallagher LLP)
Tyler Knoblett, a Willkie Farr & Gallagher LLP associate, focuses on complex government investigations and enforcement actions. He also represents clients in complex commercial litigation disputes. He maintains an active pro bono practice focusing on defamation, prisoners’ rights, and political asylum. Tyler is a graduate of the University of Illinois and George Washington University Law School.
Tyler is a Willkie Associate Trustee of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (“WLC”). Tyler and the other Willkie Associate Trustees raised over $35,000 in the 2024 WLC Associates’ Campaign (“AC”) – finishing as the top-performing AC team among mid-sized DC law firms. “I first worked with WLC in 2017 when I was a law student intern in the Prisoners’ Rights Project, where I saw first-hand the amazing work WLC does every day to fight against discrimination, combat injustice, and protect the civil and constitutional rights of DC residents. Ever since then, I have made it a priority to support WLC in its mission, both through the WLC Associates Campaign and by serving as co-counsel on cases fighting for justice.”
Volunteer Spotlight
Marc Efron
When Marc Efron retired from a successful career as a partner at Crowell & Moring in 2014, he joined the Washington Lawyers’ Committee for Civil Rights and Urban Affairs (“WLC”) as a volunteer attorney. Over the past decade, he has been a critical member of WLC’s disability rights team. Marc was part of the litigation team that secured a consent decree against BarBri for discrimination against blind bar exam applicants. The resolution of the case ensured that the test preparation materials that were published online would be equally accessible to persons using screen readers. He also played a central role in WLC’s representation of the American Council of the Blind in a complaint with the Federal Communications Commission regarding the accessibility of voice over internet protocol (“VOIP”) phones. The settlement of that complaint ensured the accessibility of VOIP phones which have become ubiquitous in business settings. Marc was also a critical member of WLC’s litigation team that fought to ensure blind and low-vision Virginia voters can cast their ballot privately and independently from the safety of their homes. In addition, Marc has served as a mentor to all WLC staff, providing guidance and advice to improve written and oral advocacy. More recently, in June 2024 Marc and his wife Barbara Bares opened up their Maryland home to host a WLC soiree. Through their hospitality, Marc and Barbara provided a space for WLC supporters – old and new – to hear from WLC’s new senior leadership and to learn about WLC’s new strategic plan.
Intern Spotlight
Noa Offman
Congratulations to Noa Offman who has won a Rhodes Scholarship to study at the University of Oxford! Noa interned at the Washington Lawyers' Committee for Civil Rights and Urban Affairs (WLC) during the summers of 2023 and 2024. She worked with the prisoners' rights team on investigations into federal prisons in Illinois and Arizona. She also developed a compassionate release guide and organized a comparative penology panel with a Danish prison professor.
Commenting on her time at WLC, Noa says, "Corresponding with incarcerated individuals exposed me to the systemic inhumanity in our courts and prisons. Yet I found hope in witnessing the tireless efforts of lawyers, paralegals, and social advocates—who leverage their influence to safeguard the rights and interests of those often silenced by these systems. In my mind, they wear the white hat. If WLC has taught me anything, it is that understanding and compassion must always supersede judgment."
Coming Down the Pike
WLC is Coming to Your Neighborhood!
In the coming months WLC parties will take place throughout the DC metro area. WLC staff and board members will discuss our racial justice work:
Jan. 25: Lew Wiener disability fellowship reception - Rockville, MD
Mar. 1: WLC house party – Chevy Chase, MD
Mar. 12: WLC happy hour – West End – Washington, D.C.
If you would like to attend one of these parties, please contact WLC Development Director Melissa Nussbaum at melissa_nussbaum@washlaw.org or 202-319-1070.
We are also preparing for our annual Associates Campaign: Together for Justice (Feb. 4 to Apr. 10) – more details to come!
The Washington Lawyers’ Committee works to create legal, economic and social equity through litigation, client and public education and public policy advocacy.
