The coming year promises to test ALRP’s resolve once more. San Francisco’s federal grant to fund services for people with HIV/AIDS will be slashed by another 20% this year. And the number of people seeking our help is expected to continue to grow – one by one.

You can be the ONE who makes the difference FOR ALL.

To help us meet the growing needs of our clients, we have launched the 2012 ALRP One for All Individual Donor Campaign, an initiative aimed at securing gifts from individual donors to help keep our free legal services available this year to all who need them.  The ALRP One for All Campaign has a goal of raising $80,000 from Advocates Club members – individual donors who contribute $250 or more in 2012. If all of us make one donation of $250 or more, ALRP can continue to be there for those who come to us for services this year – one for all.

To MAKE AN ONLINE CAMPAIGN DONATION, click here.

All ALRP One for All Campaign donors are invited to attend* the ALRP 2012 One for All Major Donor Party from 5:30-7:30pm at The Plant Cafe (Pier 3/The Embarcadero) on May 23, 2012 and will be listed in the event program and on our website. Campaign donors will also be invited to attend the ALRP From the Heart 29^th Annual Reception & Auction on October 17, 2012.

Thank you for supporting the work of ALRP on behalf of our clients living with HIV/AIDS.

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* If you have already made a 2012 One for All Campaign gift of $250 or more, please RSVP as our guest. To RSVP or for more information, contact ALRP Development Director, Jim McBride, at (415) 701-1200 ext. 301 or jim@alrp.org. THANK YOU.

Unfortunately, Ana was unable to attend the award presentation because she was in El Salvador working on initiating the first free legal services clinic for LGBT persons. ALRP Executive Director Bill Hirsh accepted the award on Ana’s behalf.

ALRP is proud to congratulate Ana on receiving this award.

Published April 4, 2012

Published March 5, 2012

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.

Steve Collier, Cindy Diamond Brightly, Amy Eskin, Bill Hirsh, Mitchell Shapson at the 2011 ALRP Annual Reception.

It is true what they say about AARP sending their membership applications right on schedule; they don’t miss a beat. Mine arrived in October, just two weeks before I turned 50 years old. AIDS has been here for 30 of those years. While I am deeply aware and appreciative of the many blessings in my life, I can’t help but reflect on the loss of friends and colleagues who were dear to me. I think back on those who died too young and how different the world would be if all those bright lights had continued to shine.

Both an opportunity for reflection and celebration, ALRP’s 28th Annual Reception in October reminded me of the folks who have been involved with ALRP for so many years. I saw old friends like David Hopmann, Fred Hertz, Barry Graynor, Marti Simon, and Carl Wolf, who seem to never miss an opportunity to come out for ALRP. I was also humbled by the presence of so many dear friends from law school: Michael Ginther, Cindy Diamond Brightly, Amy Eskin, Mitchell Shapson, Steve Collier, and Pat Dunn. Their commitment to social justice has inspired me for many years.

As the director of ALRP, it has been a privilege to work with some extraordinarily committed people. I would like to recognize Tom Nolan, who is leaving Project Open Hand after 17 years as its director. Tom’s leadership has transformed many lives and served as a model for the best in public service. We wish him well in his next endeavor and thank him for leaving his agency strong and sound.

ALRP is proud to partner with Project Open Hand and other community-based agencies that continue to meet the needs of people living with HIV/AIDS. We know that our clients need access to a range of supportive services, including legal services, in order to remain healthy. The demand for ALRP’s services continues to grow—by over 45% in just the last seven years. With 1 in 36 San Franciscans and 1 in 3 gay men living with HIV, many of these folks are living past 50. Maybe receiving that AARP card isn’t so bad, after all.

Bill Hirsh, Esq.
ALRP Executive Director

“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.