This position provides excellent benefits. People of color, people bilingual in English and Spanish, women, and people with disabilities, including HIV, are encouraged to apply.

Salary is $47-53k DOE.

The position became available on January 4, 2012, and is open until filled. Please mail your cover letter and resume to: Bill Hirsh, ALRP, 1663 Mission St., Suite 500, San Francisco, CA 94103. Or, you can email your application to bill@alrp.org.

In addition to being HIV-positive, Stokes suffers from Chronic Obstructive Pulmonary Disease (COPD). This progressive and debilitating disease affects lung capacity and the ability to breathe easily. For Stokes, breathing is particularly challenging in closed spaces where others are wearing perfume, cologne, or scented lotions. If exposed to such products, he experiences immediate nausea, headaches, obstructions to breathing, and difficulty sleeping. These symptoms often persist for hours or even days.

The profound sensitivity caused by Stokes’ pulmonary disease is commonly referred to as Multiple Chemical Sensitivity (MCS). Because he has a disabling condition, the Americans with Disabilities Act (ADA) gives him legal protection and specifically states that individuals with disabilities must have equal access to public facilities.

Ironically, access to medical facilities has been one of the biggest challenges for Stokes. Although some medical providers have established explicit fragrance-free policies, few administer or uphold those policies. Many lack the knowledge or understanding to do so.

A recent visit to one of his medical providers typifies Stokes’ experience. Upon entering the doctor’s waiting room, he chose a seat in the back – away from the other patients. A few minutes later, another patient walked in and sat down in the chair next to him. To his dismay, the patient was wearing a strong fragrance. Stokes’ eyes began to water and he felt the onset of a headache. In a state of dizziness, he went to the counter and explained his disability to the staff. They had no idea what to do.

Although trained as a community mediator, his symptoms left him helpless to articulate his needs. Without sympathy or action from the office staff, Stokes informed them that he would be waiting on the sidewalk outside the office.

Disappointed by this episode and others like it, Stokes sought an ally in ALRP. Staff Attorney Ayako Miyashita quickly recognized that Stokes’ experience represented a significant opportunity for advocacy. Ayako is the Staff Attorney of the ALRP HIV Consumer Advocacy Project, designed to help clients access publicly-funded HIV/AIDS services in San Francisco, San Mateo, and Marin counties.

Importantly, Stokes did not seek to resolve his issue by taking legal action. Instead, he hoped that through mediation and education about his condition, the medical provider would institute lasting change to prevent the same situation from happening to others. Ayako agreed to help Stokes accomplish this goal.

Engaging the provider was slow at first. Ayako filed a grievance with the Patient Relations department, which then crept up to the legal department. When they learned that Stokes was protected by the ADA, the provider finally began exploring a resolution in earnest.

First, the provider agreed to enforce the existing dress code policy, which required staff to refrain from wearing fragrances. Next, they established a fragrance-free policy for anyone entering the office, including patients or visitors. To publicize the new policy, the provider posted signs in each department. In case patients disregarded the policy, the provider even established a back-up protocol. If Stokes came to the office and noticed that fragrances were present, the provider assured him that they would give him a separate waiting room or examination space. Lastly, the provider invited Stokes to approach the legal department if these accommodations failed to provide him with safe access.

As a result of Ayako’s advocacy and Stokes’ perseverance, he has noticed a marked increase in his comfort level when attending medical appointments. He finally feels like he can go see the doctor just like anybody else.

This success has encouraged Stokes to engage in further self-advocacy. Recently, he signed up for a weekend-long conference and requested that a fragrance-free policy be instituted. Stokes was thrilled when the conference planners approved his request. Thanks to ALRP, Stokes can access necessary medical services and expand his horizons by enjoying an array of public accommodations. Both Stokes and ALRP are pleased to finally be able to breathe a sigh of relief

“Unfortunately, a lot of people aren’t aware of their rights under the law,” says Michelle. “I appreciate having the opportunity to help people from all walks of life understand their legal rights.”

After attending a free ALRP MCLE training in 2005, Michelle realized that she wanted to extend her practice to help people living with HIV/AIDS. Since joining the Panel, Michelle has helped numerous clients learn their rights and seek redress in personal injury, medical malpractice, and workers’ compensation cases.

In her work with ALRP clients, Michelle has demonstrated the value of representing people who are least able to access legal assistance. One such client, a mono-lingual Spanish-speaking transgender woman, was referred to Michelle for a workers’ compensation matter. The client explained to Michelle that while working as a janitor, she fell down a flight of stairs and seriously injured her back. She immediately reported her injury to her boss and sought medical treatment.

Eight months into receiving treatment, the client’s insurance company suddenly rejected her claim and denied her benefits. The client was shocked. She feared that her boss had fabricated a story to support the denial because her transgender identity made him uncomfortable.

When Michelle heard about the client’s unfortunate situation, she was eager to step in. Michelle successfully negotiated a settlement with the insurance company and secured some compensation for the client. “But most rewarding,” Michelle explains, “was helping the client feel that her experience was valid.”

Michelle notes that the majority of people who call her office about workers’ compensation are like this client – honest and hard-working. There is a misconception that many people fake or exaggerate injuries in the workplace. The actual monetary award in workers’ compensation cases is usually very limited. “The real goal is to get people back to work,” says Michelle.

While she would like to obtain a remedy for everyone who calls her office, Michelle explains that “the law is not often on the side of the injured party,” especially in medical malpractice cases. Although clients may experience a bad result following surgery or encounter a doctor who is disrespectful, there is not always a legal remedy. In addition, the substantial costs associated with proving a doctor’s negligence are prohibitive. However, Michelle has learned that many people find it helpful just to talk to someone. She frequently discusses alternative resolutions like making a complaint to the medical board. Michelle recognizes that listening carefully and offering practical advice can not only make a client feel heard, but can also provide peace of mind.

Michelle was raised in San Francisco and is happy to have returned to the city after graduating from McGeorge School of Law in Sacramento in 1999. In her free time, she enjoys spending time with her two young children, Philippa and Ian. They enjoy hiking in the Bay Area and reading books.

ALRP is incredibly grateful for Michelle’s work on behalf of ALRP clients. Her commitment to providing compassionate education and legal recourse to injured persons no doubt makes her father very proud.

Over 300 guests joined us on October 19 in the Green Room of the San Francisco War Memorial Building. During this special evening, ALRP honored those who have made a lasting difference in the lives of people with HIV/AIDS. ALRP raised over $140,000 from the reception and auction, with nearly 90% of proceeds going directly to support ALRP’s free legal services for people with HIV/AIDS.

This year, San Francisco Supervisor Scott Wiener presented the ALRP Clint Hockenberry Leadership Award to Thomas R. Burns, Esq.; the ALRP Attorney of the Year Award to Austin Schwing, Esq. of Gibson, Dunn & Crutcher, LLP; and the ALRP Firm of the Year Award to Saveri & Saveri, Inc. The awards were followed by a live auction presented by Bizzarros Gala Event Auctions.

The reception featured gourmet catered hors d’oeuvres by Laurel’s Catering, wine and beverages provided by Target, a silent and live auction, and great networking. ALRP also wishes to thank Springer-Sullivan & Roberts LLP for providing the lovely floral arrangements and Skona Advertising for designing the event materials. Advanced Discovery and U.S. Legal Support, Inc. were also reception sponsors.

Check out the Annual Reception 2011 Photos in our photo gallery.

Thank you to all our reception sponsors, donors, auction item donors, winning bidders, and volunteers for making this year’s From the Heart Annual Reception & Auction such a great success!

Drop off your household items at their location at 623 Valencia Street (at 17th Street in San Francisco’s Mission neighborhood) and designate ALRP as your benefiting charity of choice for the proceeds from the sale of your donation. Household items include:

• Clothes
• Furniture
• Kitchen Items (dishes, utensils, silverware)
• Accessories

Donations are accepted from 10 am to 5 pm daily.
You may contact the Community Thrift Store at (415) 861-4910 or visit www.CommunityThriftSF.org with any questions concerning acceptable donations.

THANK YOU for choosing Community Thrift and ALRP when cleaning out your closets and garage this year!

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COMMUNITY THRIFT

623 Valencia (at 17th Street) in San Francisco

10 am to 6:30 pm – Open every day