{"id":73785,"date":"2018-12-11T19:04:17","date_gmt":"2018-12-12T01:04:17","guid":{"rendered":"http:\/\/news.medill.northwestern.edu\/chicago\/?p=73785"},"modified":"2018-12-12T10:18:46","modified_gmt":"2018-12-12T16:18:46","slug":"after-facing-violence-in-her-senior-living-home-lgbt-woman-goes-to-court","status":"publish","type":"post","link":"https:\/\/news.medill.northwestern.edu\/chicago\/after-facing-violence-in-her-senior-living-home-lgbt-woman-goes-to-court\/","title":{"rendered":"After facing violence in her senior living home, LGBT woman goes to court"},"content":{"rendered":"<p><strong>By Colleen Zewe<\/strong><br \/>\n<em>Medill Reports<\/em><\/p>\n<p class=\"dropcap\">After grieving the loss of her partner of 30 years, Marsha Wetzel, 70, moved into Glen St. Andrew Living Community, a senior housing facility in Niles in November 2014.<\/p>\n<p>Wetzel signed a tenant agreement that guaranteed her three meals a day, laundry services and access to a community room. It also asked that she refrain from \u201cactivity that [St. Andrew] determines unreasonably interferes with the peaceful use and enjoyment of the community by other tenants\u201d or that is \u201ca direct threat to the health and safety of other individuals.\u201d All other residents signed a similar agreement, binding them to this code of conduct.<\/p>\n<p>Wetzel, who identifies as lesbian, was open about her sexuality with staff and residents. But instead of a warm welcome, she received hostility, she said. Other tenants called her derogatory slurs and made violent threats against her and these threats soon became reality, as other tenants spit at her and struck her in the head.<\/p>\n<p><!--more--><\/p>\n<p><iframe src='https:\/\/cdn.knightlab.com\/libs\/timeline3\/latest\/embed\/index.html?source=1R-JGqi7b1S3iqoXAi-LDT-V-9AwE10jmHI7mx3cAD4g&#038;font=Default&#038;lang=en&#038;initial_zoom=2&#038;height=650' width='100%' height='650' webkitallowfullscreen mozallowfullscreen allowfullscreen frameborder='0'><\/iframe><\/p>\n<p>Her wrenching story plays out through court documents in the lawsuit Wetzel filed in the Northern Illinois District against Glen St. Andrew.<\/p>\n<p>In a <a href=\"https:\/\/vimeo.com\/171014422\">video<\/a> produced by Wetzel\u2019s legal group, Lambda Legal, she describes the parallels between the harassment she experienced early in life and what happened in the home.<\/p>\n<p>\u201cIt got out and I thought, oh, here we go again,\u201d she said. \u201cGay hate.\u201d<\/p>\n<p>Wetzel reported the abuse to staff, but court documents indicate that staff \u201cdismissed the conduct as accidental, denied Wetzel\u2019s accounts and branded her a liar.\u201d<\/p>\n<p>\u201cWhen is it going to stop?\u201d Wetzel said in the video. \u201cI look out the window and there\u2019s a cemetery there. That\u2019s when I\u2019ll stop being made fun of because I\u2019m gay.\u201d<\/p>\n<p>Wetzel filed a lawsuit against St. Andrew in July 2016, claiming they had broken the Fair Housing Act and failed to protect her from harassment. St. Andrew\u2019s legal team argued that the home did not discriminate against Wetzel and instead offered medical care after Wetzel said she was pushed from behind while on her scooter. The U.S. District Court for the Northern District of Illinois accepted St. Andrew\u2019s argument that the staff did not discriminate, and the case was dismissed.<\/p>\n<p>Nevertheless, Wetzel filed for appeal, and in August, the Seventh Circuit Court of Appeals in Chicago reversed the district court\u2019s dismissal. The Court found that after Wetzel complained about harassment, St. Andrew staff began to treat Wetzel unfavorably by relegating her to a smaller dining room and banning her from the lobby except to get coffee. These actions violated a tenant agreement Wetzel signed upon her arrival at St. Andrew.<\/p>\n<p>Wetzel\u2019s lawyer Karen Loewy said she was surprised the case was ever dismissed in the first place because she believes St. Andrew clearly violated the Fair Housing Act, which states that landlords must protect their tenants from discrimination.<\/p>\n<p>\u201cWe felt strongly that the appeal would be successful because of the legal principles involved are pretty straight forward,\u201d she said. \u201cIt has always been a principle of our anti-discrimination laws that whoever has the duty to ensure equal opportunity, they have to respond to known harassment by others.\u201d<\/p>\n<p>However, the uniqueness of the case caused confusion in the district court. Loewy said she thinks the courts focused on if the administrators themselves harassed Wetzel, even though the point of the case is that they failed to protect Wetzel from residents harassing her.<\/p>\n<p>\u201cOur claim was that the liability applies to [St. Andrew] because they were aware of the harassment she was experiencing at the hands of other residents,\u201d Loewy said. \u201cThe court focused on if [St. Andrew] themselves were homophobic.\u201d<\/p>\n<p>The trial will begin in November 2019, and, if found liable, St. Andrew would likely pay damages, according to Loewy.<\/p>\n<p>Glen St. Andrew denies the allegations. \u201cGlen St. Andrew Living Community is committed to providing fair, safe and non-discriminatory housing, regardless of race, ethnicity, gender, sex or sexual orientation,\u201d the facility said in a statement. \u201cAt this stage, the court was required to assume the factual allegations of the plaintiff\u2019s complaint were true for purposes of determining the legal issues. Glen St. Andrew strongly denies the factual allegations of the complaint and will present its case in court at the appropriate time.\u201d<\/p>\n<p>As for Wetzel, she now lives in a home where she receives equal treatment, and hopes to get justice in the appeals court in November.<\/p>\n<p>The <u><a href=\"https:\/\/www.aarp.org\/aarp-foundation\/\">AARP Foundation<\/a><\/u> filed a brief as a friend of the court, which provided context on senior housing discrimination and the unique issues LGBT seniors face. AARP attorney Dara Smith pointed to research that shows LGBT seniors face unique health and discrimination problems, and modern seniors grew up in a time period where being out was unacceptable, so many of their peers in the home may feel uncomfortable with those who are out.<\/p>\n<p>\u201cWhat we discussed in our brief is that a lot of folks from older generations are a lot less comfortable with these issues and grew up in the closet or being very uncomfortable talking about it,\u201d Smith said. \u201cPart of the issue is that situations have changed, the culture has changed, and people have issues with that.\u201d<\/p>\n<figure id=\"attachment_73787\" aria-describedby=\"caption-attachment-73787\" style=\"width: 400px\" class=\"wp-caption alignright\"><img fetchpriority=\"high\" decoding=\"async\" class=\"wp-image-73787\" src=\"http:\/\/news.medill.northwestern.edu\/chicago\/wp-content\/uploads\/sites\/3\/2018\/12\/infographic-327x1024.png\" alt=\"\" width=\"400\" height=\"1254\" srcset=\"https:\/\/news.medill.northwestern.edu\/chicago\/wp-content\/uploads\/sites\/3\/2018\/12\/infographic-327x1024.png 327w, https:\/\/news.medill.northwestern.edu\/chicago\/wp-content\/uploads\/sites\/3\/2018\/12\/infographic-96x300.png 96w, https:\/\/news.medill.northwestern.edu\/chicago\/wp-content\/uploads\/sites\/3\/2018\/12\/infographic.png 493w\" sizes=\"(max-width: 400px) 100vw, 400px\" \/><figcaption id=\"caption-attachment-73787\" class=\"wp-caption-text\">According to the The Aging and Health Report, written by multiple nonprofits in the U.S., LGBT older Americans face their own challenges. (Colleen Zewe\/MEDILL)<\/figcaption><\/figure>\n<p>The <u><a href=\"https:\/\/www.lgbtagingcenter.org\/resources\/resource.cfm?r=399#_ednref1\">The The National Center on LGBT Aging<\/a><\/u> reports that of the 2.4 million LGBT adults over age 50, 33 percent thought they would have to hide their sexual identities if they moved to a retirement home. LGBT adults are less likely to be married than their heterosexual counterparts, and many do not have children to take care of them later in life. Furthermore, LGBT people overall face unique health issues such as HIV and AIDS, and many struggle with depression and anxiety. In the past, most seniors weren\u2019t out with their sexuality, so now many housing facilities are unprepared for the issues the population faces.<\/p>\n<p>\u201cI think there\u2019s beginning to be some indication that senior housing centers are becoming more aware of this,\u201d Smith said. \u201cTraining staff is a good idea.\u201d<\/p>\n<p>Smith said that staff need to know \u201cwhat the stereotypes are, how the harassment comes about, and to be aware of it and take it seriously when it\u2019s brought to their attention.\u201d<\/p>\n<p>Organizations such as SAGECare provide diversity training to those working with elders specifically, and since Marsha\u2019s story came out, more senior living centers have gotten interested in training, according to Smith.<\/p>\n<p>\u201cMarsha\u2019s story, aside from being very compelling, stands for the experiences for so many other older LGBT adults who were not able to do something about it,\u201d Loewy said. \u201cWe wanted to engage this conversation in the courts to ensure that LGBT older adults know that this kind of harassment and discrimination is illegal, they don&#8217;t have to put up with it, and put facilities on notice that there is obligations to something about it.\u201d<\/p>\n<p>The overall hope is that in the future, LGBT elders will feel comfortable being out in their own homes.<\/p>\n<p>\u201cBeing aware is the first step towards treating people how they deserve to be treated,\u201d Smith said. \u201cWith respect and dignity as they age.\u201d<\/p>\n<div class=\"featurecaption\">Photo at top: Marsha Wetzel faced violence in her senior living\u00a0 home due to her sexuality (Lambda Legal)<\/div>\n<div><\/div>\n<p><!--\n\n<div>See also on Medill Reports: Senior housing facilities: Creating Community for LGBT elders, by Colleen Zewe<\/div>\n\n--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Colleen Zewe Medill Reports After grieving the loss of her partner of 30 years, Marsha Wetzel, 70, moved into Glen St. Andrew Living Community, a senior housing facility in Niles in November 2014. Wetzel signed a tenant agreement that guaranteed her three meals a day, laundry services and access to a community room. It [&hellip;]<\/p>\n","protected":false},"author":506,"featured_media":73786,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4447,675],"tags":[],"class_list":["post-73785","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fall-2018","category-social-justice"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.6 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>After facing violence in her senior living home, LGBT woman goes to court - Medill Reports Chicago<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/news.medill.northwestern.edu\/chicago\/after-facing-violence-in-her-senior-living-home-lgbt-woman-goes-to-court\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"After facing violence in her senior living home, LGBT woman goes to court - Medill Reports Chicago\" \/>\n<meta property=\"og:description\" content=\"By Colleen Zewe Medill Reports After grieving the loss of her partner of 30 years, Marsha Wetzel, 70, moved into Glen St. Andrew Living Community, a senior housing facility in Niles in November 2014. Wetzel signed a tenant agreement that guaranteed her three meals a day, laundry services and access to a community room. 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