WJW-TV

Jonathan Simcox and Steven Ondo

In court documents filed by the couple's attorney -- nationally-recognized civil rights attorney David Malik -- Jonathan Simcox and his partner, Steven Ondo, claim they were subjected to “excessive force and undisguised prejudice,” because of their sexual orientation.

Simcox and Ondo alledge they were subjected to derogatory name-calling and then hauled off to jail in their underwear, despite repeated requests to change clothes.

The lawsuit also states that the men were ordered to stand outside in their front lawn for 5-10 minutes while they were publicly humiliated.

“We were called faggots a lot by police, and I consider that a fighting word.” His partner added; “It was more humiliating than I can even explain to you," Simcox told WJW-TV.

The lawsuit stems from last April's arrest of the couple for creating a public disturbance and assault on a police officer.

According to the couple, they were walking home from a bar when they started arguing. They say a neighbor, who happened to be an off-duty Cleveland police officer came outside and confronted them.

“He came out over shouting, saying, ‘Shut up, you`re disturbing the peace’,” said Simcox. “I pushed to get past him, as soon as I did that he knocked me on the ground, and just started beating me, hitting me, standing over top of me, and punching me repeatedly.”

A few minutes later, more officers arrived at their house, they were arrested and hauled off to jail.

“At the time my hands were all cut up, I was covered in blood,” said Simcox. Simcox and Ondo said they were later released from jail and told that no charges were being filed against them.

In the lawsuit filed this week, the men state that a week later, in an early morning raid, “6 or 7 members of the Cleveland Police Warrant Team” woke them, informing them they were wanted on a warrant for “assaulting a peace officer.”

The men state each time they tried asking questions, the officers became increasingly violent. “The officer in the glasses grabbed me by my shirt, and punched me twice in the face, after he punched me, he threw me up against the wall,” said Simcox.

Simcox says at the time of the arrest, he and his partner were wearing only underwear and t-shirts. When Simcox’s brother asked police if he could get them some pants and shoes, one of the officers allegedly responded by saying, “You can go get them shoes, but faggots don`t deserve to wear pants in jail.”

The lawsuit states that the men were ordered to stand outside in their front lawn for five to 10 minutes wearing only their t-shirts and underwear while they were publicly humiliated. The couple were then taken to jail and according to the lawsuit for, “at least one whole day their repeated requests for pants were denied.”

“The City of Cleveland is aware that the lawsuit has been filed and will appropriately address this legal matter in court. At this point, the City has no comment on this pending litigation," Interim Law Director Barbara Langhenry told WJW-TV.

Civil rights attorney Sam Riotte told the station, “Jonathan and Steven’s rights were violated in part of who they are, because they are homosexuals.” As for the assault charge, Riotte said, “They went to trial, it was proven they didn’t do anything wrong, they were found not guilty.”

Zach Huston and his mother Rebecca Collins

Ross County Chief Juvenile Court Judge Richard Ward handed down the sentence Wednesday to Sever, who had previously pleaded guilty to a single count of delinquency assault.

The victim, 15-year-old Zach Huston — a student at Unioto High School — suffered physical injuries as a result of the beating. His mother, Rebecca Collins, described the attack as hate motivated gay bashing.

In addition to serving a 90-day sentence, Sever was ordered to undergo mental health counseling and continue his education during his detention, said Ross County Prosecutor Matthew Schmidt.

Sever has not been attending classes at the high school since the assault first came to light and Zach's mother launched a formal protest. However, the school's administration has declined to reveal what disciplinary actions were taken against Sever.

The Columbus Dispatch reported that Huston and his mother, Rebecca Collins, have repeatedly alleged that school officials have not responded appropriately to their reports about bullying due to his sexual orientation.

The American Civil Liberties Union of Ohio who is representing Huston and his mother have threatened to take legal action against the Ross County school district in Federal Court unless it immediately implements changes to protect students, especially LGBTQ pupils such as Huston from bullying.

Late Thursday, a spokesperson for the ACLU in Columbus told LGBTQ Nation that Union-Scioto School District administrators have as of yet to address the ACLU’s request, which included amending the district’s anti-bullying policy to specifically prohibit the harassment of gay, lesbian, bisexual and transgender students.

The victim, Zach Huston -- a student at Unioto High School -- suffered physical injuries as a result of the beating. Hiis mother, Rebecca Collins, described the attack as hate motivated gay bashing.

At a press conference Monday, the ACLU said it was considering a wide range of legal actions to protect Zach and other students from future instances of bullying, and has invited school officials to discuss solutions before formal legal action is filed.

Collins told the local media that two of her son’s teeth were broken in the Oct. 17 attack, and that Zach, 15, may also have suffered from a concussion.

“It turns my stomach,” she said, “It’s my son ... they did it just because he’s a homosexual.”

Collins said that her and Zach's ongoing complaints about bullying at Unioto High School school were met with indifference by school officials, including one who commented that the district consists of “Bible-beaters ... what can you expect?”

The ACLU is asking the Union-Scioto School District to change its anti-bullying policy to specifically include sexual orientation, increase its education of students and staff, and take steps to protect students who report bullying from retaliation.

“The school had a responsibility to protect Zach, but looked the other way for over a year while he was verbally and physically bullied," said ACLU of Ohio Legal Director James L. Hardiman.

“Union-Scioto School District failed to keep Zach from harm. Now, they must take proactive steps to change the culture of their school so that discrimination based on sexual orientation is no longer tolerated. It will be a long road that must begin when children are young, but can be achieved through creative and honest dialogue on the impact of bullying and discrimination."

The accused assailant, Levi Sever, 15, has been charged with a delinquency count of assault. Ross County Prosecutor Matthew Schmidt said Sever admitted the assault in Juvenile Court, with authorities awaiting a pre-disposition investigation and victim-impact statement prior to sentencing.

The school district initially suspended Levi for three days, but later “revisited” the discipline after the video surfaced. School officials have not specified what discipline the student received.

Zach said that Levi has not returned to school since the attack.

The school district has declined to comment on the incident, citing the threat of legal action by the ACLU.

Ohio state law requires schools to adopt policies prohibiting all bullying, but does not require districts to include language explicitly protecting students for their sexual orientation or gender identity.

Levi Server, 15, is accused of assaulting Zachary Huston, 15, at Unioto High last month. The beating was captured on video using a cell phone and later posted to Facebook.

According to Rebecca Collins, Zachary's mother, the student who attacked her son was given a three-day suspension for the fight. But it wasn’t until the video showed up on Facebook several days later that prompted her to urge school and police to investigate the attack further.

Union-Scioto schools Superintendent Dwight Garrett said his district has a zero-tolerance approach toward any form of harassment, including cyber-bullying. He said the district’s policy complies with state anti-bullying law.

“We had a bad situation happen. We’re doing the best we can. We want all children to be protected. There’s a problem nationwide with things like this,” he said.

Collins, told investigators that she considers the attack “a hate crime” because her son is gay.

“When you’ve been tortured for two years, by people in your school, then there’s no doubt in my mind,” she told The Columbus Dispatch.

Sever is expected to appear in juvenile court to answer to the charge filed by the office of Prosecutor Matthew Schmidt following an investigation by the sheriff's office.

The beating, captured on video using a cell phone, and later posted to Facebook, shows the assailant grab the victim, stand over him and deliver at least seven punches in quick succession, the smacks audible on the video. The video was reportedly captured by the assailant's cousin.

Officials say they are now evaluating the cellphone video and a Facebook comment posted two days prior in which the assailant allegedly called the victim a "faggot" -- evidence that that came to light after the school's initial investigation, which indicated the fight was not motivated by anti-gay bias, reported the Chillicothe Gazette.

According to Rebecca Collins, the victim's mother, the student who attacked her son was given a three-day suspension for the fight. But it wasn't until the video showed up on Facebook several days later that prompted her to urge school and police to investigate the attack further.

According to the initial report obtained Thursday by the Gazette, the two boys were on their way to a third-period class when they "bumped shoulders." The 15-year-old suspect told deputies he has a mental illness, that he "just zoned out," and didn't know why he punched Collins' son, according to the report.

Collins' son sustained a black eye, a knot behind his ear, a chipped tooth and a possible concussion, Collins said.

While Collins told deputies she thought the fight was motivated by her son's sexuality, the report indicates Osborne told the deputy he talked to the teacher and students in the classroom and no one reported the student saying anything about Collins' son's sexuality.

Chillicothe Gazette

But instead of "bumping shoulders," the video shows that the assailant "stood there and waited on him, and waited on him, and waited on him,” said Collins. “And then as soon as he walks in the door, the boy hits him. The victim walks away saying, ‘What did I do? Why are you doing this?’ And he keeps walking away.”

School officials declined to identify the assailant or confirm the suspension due to confidentiality issues, but Osbourne said the discipline related to the incident was meted out days before he became aware of the video, which contradicted his investigation and appears to reveal premeditation.

Sheriff's officials are also investigating the motive for the attack, and Ross County Prosecutor Matt Schmidt said his office is evaluating whether to file an assault or felonious assault charge, as Ohio does not currently have a hate crimes law that includes bias-based crimes motivated by sexual orientation or gender identity.

There is a federal hate crime law, said Schmidt, but the federal district attorney would have to file the charge.

Collins said she wants to see the school enforce zero tolerance for all bullying and implement stricter consequences.

The Union-Scioto Local School District does have a policy that prohibits harassment based on sex, race, color, national origin, religion, disability, among others, but it does not specifically protect against harassment or bullying based on sexual orientation or gender identity.

CHILLICOTHE, Ohio -- The mother of a 15-year-old gay teen who was brutally attacked because he is gay, is seeking to have hate crime charges brought against her son's assailant.

The beating, captured on video using a cell phone, was later posted to Facebook by the assailant, reported WSYX-TV in Columbus.

The video shows the attacker waiting for the boy before throwing a series of punches and then violently beating him to the ground after a desperate attempt by the youth to get away from the assailant.

Both boys are students at Union-Scioto High School in Chillicothe, Ohio, where the attack occurred.

According to WSYX-TV, the attacker posted anti-gay remarks on the victim's Facebook page two days prior to the attack. The victim's mother described the beating, a copy of which was broadcast by WSYX.

"The boy stood there and waited on him, and waited on him, and waited on him," Rebecca Collins, the victim's mother, told WSYX-TV.

"And then as soon as he walks in the door, the boy hits him. The victim walks away saying, 'What did I do? Why are you doing this?' And he keeps walking away."

The video shows the assailant grab the victim, stand over him and deliver at least seven punches in quick succession, the smacks audible on the video.

(The video of the attack has been blurred so as not to reveal the identity of the assailant or victim). Watch:

Collins said that her son might have a concussion and chipped teeth, and that she wants that attack pursued as a "hate crime." She is certain the attack was motivated by her son being gay.

"I was waiting for somebody," said the victim. "I covered myself, I shielded my body, and he just kept hitting me and nobody did anything."

"It's my son," his mother said, "and they did it just because he's a homosexual."

According to Collins, the student who attacked her son was given a three-day suspension.

Equality Ohio Executive Director, Ed Mullen, stated the incident is indicative of violence experienced or feared by LGBT students every day.

"Union-Scioto has no policy in place that specifically protects students from being bullied or attacked based on sexual orientation or gender identity, Mullen said.

"The Union-Scioto Local School District does have a policy that prohibits harassment based on sex, race, color, national origin, religion, disability, among others, but it does not specifically protect against harassment based on sexual orientation or gender identity," he added.

Mullen said that "all students, regardless of their sexual orientation or gender identity, have the right to a safe school and education. Students should not fear verbal harassment, cyber-bullying, or physical assault in our public schools.”

An anti-bullying bill is pending in Ohio's legislature. Ohio House Bill 208 would add sexual orientation, gender identity, and other enumerated protections to Ohio’s anti-bullying law without changing the general prohibition against any bullying or harassment.

Proponents of the bill are seeking testimony in the House Education Committee, according to Equality Ohio, but the bill has not been a priority of the committee.

WHIZ-TV

WHIZ-TV reports:

Seven adult horses and one foal died as a result of an arson fire [...] just after 11:30 p.m. on Sunday. Owner Brent Whitehouse said he woke to discover the barn engulfed in flames and immediately called 911, but it was too late.

"I couldn't get the door open I could still hear the horses kicking and I tried as hard as I could to get them out and I just couldn't get them out in time," he said.

Those who know Brent believe this was a hate crime, explicit words relating to his sexuality were spray painted in large white letters on the side of the barn before the fire was started.

The Fire Marshal's Office has offered a reward of up to$5,000 for information leading to the identification of those responsible.

Councilman Joe Cimperman introduced the legislation and said that, although he also knows it will be a hard sell to council members who oppose the bill, it appears he has enough support to see it passed.

Council members were expected to assign the ordinance to at least one city committee, and Cimperman said as many as three -- the finance, health and employment, and legislative committees -- could consider its merits.

Cimperman said major firms like the Cleveland Clinic and Medical Mutual already offer health care to their domestic partner employees, and he said the city should follow suit. He also said 21 states, 404 Fortune 1000 companies and about 4,000 other private firms, nonprofits and unions provide the same benefits.

"There's no reason this ordinance shouldn't pass," he said. "Cleveland has the four best health systems in the country ... plus we have the Gay Games coming here in 2014 with over 50,000 visitors coming to our city."

- via the Cleveland Plain Dealer

Cleveland has approximately 120 unmarried couples on its domestic partner registry, first made available in May 2009 as a means of providing couples insurance. An effort led by local pastors to repeal the registry failed due to lack of support.

Nicholas Kelo Jr. knew what it was like to be relentlessly bullied, his family said, and it may have been what persuaded him to pry open a safe inside his home on Feb. 23, and remove the gun that killed him, reports the Akron Beacon Journal.

FAMILY PHOTO

Nicholas Kelo Jr.

He was 13 years old. It is unknown as to whether or not Nick was gay, but that did not stop his bullies or their attacks.

''It had been going on for years,'' Jacqueline Kelo [Nick's mother] said. ''We would talk and he would say [of the bullies] that they were not worth his time.''

Nick played football in middle school but gave up the sport this year to participate in high school band.

The switch, Jacqueline Kelo reasoned, resulted in swelling rumors. Some, she said, wrongly assumed that a kid who would prefer to play the tenor sax rather than tossing a pigskin must be gay.

"After that, it [the bullying] spiraled out of control," she said.

One such incident allegedly happened on a school bus following a football game, explained the mother of another Rittman teenager who said her son is also a victim of bullying. During the incident, Nick allegedly became the victim of an older student who was "glicking" -- forcibly spitting on him. Jacqueline Kelo knew something was bothering her son when he came home, but the eighth-grader refused to share the details — telling her that he would handle it himself. The parents became aware of it only after their son's death.

Jacqueline Kelo said it didn't surprise her that her son kept his pain to himself. Nick viewed himself as his mother's protector.

"He was the man of the house," the single mother said.

Nick's death is being investigated as a likely suicide, according to Rittman police.

Nick recently scored 152 on an IQ test, which is classified as superior intelligence. He had a second-degree black belt in Tae Kwon Do, and was an avid inventor, creating both a waffle fork to remove hot food from a toaster and an incinerator trash can. Nine of Nick's organs were collected and donated.

News of Nick's death comes just days after the White House held a high-visibility conference on bullying prevention, with the President and First Lady calling on parents, teachers, students, and communities to address the problem together.

One of the ordinances expands the list of protected classes in the city's housing code to include sexual orientation and gender expression. The second ordinance protects those same groups from discrimination in employment, at business establishments, and educational institutions.

Unofficial results on election night had just one of the ordinances passing -- the housing code ordinance -- and employment ordinance being rejected. Both were by close margins, but when the Board of Elections completed counting the provisional ballots, both measures prevailed.

The City Council had adopted the measures back in August, 2009, but a group gathered signatures and put the laws to a popular vote through the referendum process.

Bowling Green, located in suburban Toledo, is home to Bowling Green State University.

The South High School and North High School football game is a huge rivalry, and during the pre-game, North High students called their cross-town rivals "Powder Blue Faggots."

The following video was taken by former North High student Heather Ike:

"I sat there for a little bit thinking it would stop, and it happened again, and it happened three times," Ike said, adding that she left the game disgusted.

Jan Cline, executive director of the LGBT Center of Greater, said he was not surprised when he had heard of what happened at the game. [Cleveland Plain Dealer]

"It goes on all the time," he said. "As I teenager I heard it at school. The school has to be responsible for what happened on their grounds. I understand this has been part of a long tradition and that the kids don't even understand what they did wrong."

"It's bullying. That's why in the past few weeks young men have been killing themselves," Cline said. "The unintended impact of this is that it drives young men and women to kill themselves. It sets them apart. What happened at the game tells people that its OK to say anti-gay slurs because these people are not worth much."

North High School principal Jennifer Chauby said she and the assistant principals did stop the chanting, although that wasn't captured on video.

"We did put a stop to it as soon as we heard them chanting it, and it's totally unacceptable and they know we don't condone that type of behavior," Chauby said.

Students said the chants have been going on for years, and that South High School uses it's own anti-gay slurs -- "Halloween Homos" -- against North.

A yearlong site selection process came to an exhilarating end for city officials and gay advocates on Tuesday, as they celebrated the announcement as a major victory for the local economy and a boost to the region's reputation as a tolerant and diverse community.

The Federation of Gay Games proclaimed Cleveland the winner in Cologne, Germany, which is the site of next year's games. Cleveland emerged from a trio of finalists that also included Boston and Washington, D.C.

The Gay Games is a sports and cultural festival that promotes respect and understanding of the gay community through athletics. Founded in 1982, the quadrennial event will feature 30 sports in which anybody can participate. The Cleveland games will take place from Aug. 9 to Aug. 16 in locations throughout the region, including Akron.

More from Cleveland.com.

The Democratic-controlled House is poised to bring the legislation up for a vote when lawmakers return next week from a break. It was approved in committee earlier this year, the first time that's happened since it was first introduced in the early part of the decade.

State Rep. Dan Stewart, a Columbus Democrat, said lawmakers have begun to understand the issue when a simple question is posed to them: "Do you think it's fair to fire someone solely on the basis that they are gay or lesbian?"

Stewart first introduced the bill into the General Assembly in 2002.

The bill would add sexual orientation and gender identity to established categories such as race and gender, to be protected from discrimination in employment, housing and credit.

Ohio would be the 13th state to prohibit discrimination based on both sexual orientation and gender identity, according to the Human Rights Campaign, a national lesbian, gay, bisexual and transgender civil rights organization. Twenty-one states protect against sexual orientation discrimination only.

More from the Dayton Daily News.