Mandatory General Education Global Citizens Assignment
Use the IRAC format described on Page 16 of your text. This fact pattern may contain several legal issues. Limit your memo to 1 -2 issues according to your word count. Only relevant facts to your chosen issue should be included in the fact section of your memo. Keep in mind that a well- reasoned legal argument always points out the merits of the opposing case and then differentiates that argument by using facts and law to support the client’s position. Make sure you include that in your memo.
Step 1: Research
Closely review Chapters 4 and 33 in your textbook. Also look for current cases in the press involving similar situations.
Step 2: Assume and Analyze this Fact Set
A 60 year old private charitable Christian Mental Health Clinic in Florida offers safe space/shelter and secreted temporary housing for any physically or sexually abused children and women in all large metropolitan cities. The women and children aided at the clinic represent all races, religions and genders located in the demographic population of Florida. While being protected, counseled and processed, physically and sexually abused recovering children and women spend 24-96 hours housed in this facility awaiting processing of their cases against their perpetrators before being placed in secreted Christian homes permanently. The locker room style toilets and bathing areas in these facilities have traditionally been separated by biological birth gender. In the past, the biological birth differentiation has worked flawlessly for the physically and mentally fragile population who utilized the facilities without a single complaint from any employee, visitor or victims they have served. This Florida Clinic typically assists over 100,000 abused women and children on an annual basis with a well trained minimal staff and allows only a few law enforcement or medical professional visitors for security reasons. The state of Florida, like most states, has no secreted temporary or permanent program to assist these abused women and children outside of the criminal justice system. The criminal justice system is focused on due process, incarceration and punishment of the perpetrator and provides no subsistence assistance to the victims.
Last year a LBGTQIAPK group learned of this Christian facility and arbitrarily, without damages or insult to anyone, filed suit against the clinic demanding that all the toilet and bathing facilities be reworked and labeled as gender neutral. The group insists that all gender classes must be honored at the facility and that accommodations for any, if any ever should enter the facility, LBGTQIAPK workers, visitors, victims etc... be available to all, at all times. The plaintiff group insists that the facility must close-down if it fails to comply with the accommodations requested. No funds exist and no funds will be forthcoming from any source for the purpose of adding additional toilet or bathing facilities space or reconfiguring the existing spaces. The Clinic will close if the LBGTQIAPK group prevails.
What recourse does the clinic and the LBGTQIAPK group have and under what laws?
Step 3: Write a Legal Argument
You are a junior attorney working for the ACLU (look this organization up on the Internet). In 250 – 300 words give your reasoned opinion of which side of the case ACLU should take and what remedies of relief should be available to your client. A copy of the grading rubric is attached to the syllabus.
Step 4: Save a Copy and Submit.
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