➤ TAMPA, from p.12
have “occupied the fi eld” of regulating
that activity. Local governments,
therefore, are barred from
doing the same, particularly if the
local regulation confl icts in some
way with the state regulation or
interferes with the state’s ability
to effectively regulate. Implied preemption
is distinct from situations
where a state constitution or a law
or regulation explicitly reserves
sole authority over a particular
subject.
Noting that the state grants no
authority to municipalities to regulate
healthcare treatment and
discipline, Jung found that there is
“nothing local or unique to Tampa”
about conversion therapy “that
would suggest the statewide, uniform
medical regulation regime
should vary because of Tampa’s
peculiarities.”
He continued, “A uniform and
statewide system of healthcare
treatment and practitioner discipline
already exists, for sound reasons.
Implied preemption is a disfavored
remedy because cities have
broad powers to address municipal
concerns. But substantive regulation
of psychotherapy is a State,
not a municipal concern.”
The judge identifi ed fi ve areas of
state authority that the Tampa ordinance
“encroaches upon.” Florida’s
constitution protects a broad
right of privacy against government
intrusion, which “suggests
that government should stay out of
the therapy room,” he wrote.
The other areas of encroachment,
Jung found, include Florida court
cases which recognize that “with
very few exceptions, parents are
responsible for selecting the manner
of medical treatment received
by their children”; the state’s statutory
“Patient Bill of Rights,” which
protects a patient’s right to select
the course of treatment they deem
best; a provision of the Florida law
regulating healthcare stating that
“citizens be able to make informed
choices for any type of health care
they deem to be an effective option
for treating human disease, pain,
injury, deformity, or other physical
or mental condition,” and that “the
health care practitioner may, in
his or her discretion and without
restriction, recommend any mode
or treatment that is, in his or her
judgment, in the best interest of
the patient; and the state’s statutory
doctrine of informed consent,
which protects doctors against liability
for performing procedures
with a patient’s informed consent
“so long as the substantial risks
and hazards are fully disclosed
and accepted.”
In effect, Jung concluded that
opponents of conversion therapy
must either convince the Florida
medical boards that control licensing
practice that they should condemn
the practice or get the legislature
to ban it.
Treading into controversial waters,
Jung goes on to challenge
the competency of the Tampa City
Council to set standards for medical
practice.
“With due respect for the citizen
legislators on the Tampa City
Council, none are skilled in mental
health issues,” he wrote, “nor are
any of the City’s code enforcement
personnel. In contrast the Florida
Department of Health, with
its skilled adjudicatory bodies, is
equipped to address this dynamic
area of psychotherapy.”
In particular, Jung argued, “the
fi eld of gender expression is especially
complex” and best left to
state regulators.
Having decided the case entirely
on state law grounds, Jung expressed
no view regarding the constitutional
arguments under the
First and 14th Amendments.
Those arguments have been
mainly rejected by the courts,
though some uncertainty has
arisen from comments made by
Supreme Court Justice Clarence
Thomas last year in an unrelated
case, in which he challenged the
view that “professional speech”
— such as that used by conversion
therapy practitioners — can
be subjected to signifi cant government
regulation. Thomas specifi
cally castigated the Third and
Ninth Circuits for affi rming such
regulation in their conversion therapy
rulings.
Vazzo and his co-plaintiffs are
represented by lawyers from Liberty
Counsel, an anti-LGBT legal
advocacy organization. Jung,
appointed by President Donald
Trump, has been on the bench for
barely a year.
New York Community Trust Leadership Fellows
Next Generation of Non-Profiteers Get Ready to Take The Helm
����������������������������������������
New York’s more than
40,000 nonprofit organizations
are facing a massive
challenge.
As a generation of baby
boomers and post-baby boomers
move into retirement, the
city’s nonprofits are scrambling
to identify the next wave
of trained leaders to help them
as they address some of New
York’s most pressing issues.
The New York Community
Trust Leadership Fellows
Program offers an important
model for helping fill the nonprofit
community’s leadership
pipeline.
Each year, the program
– the result of a partnership
between The Trust and the
Austin W. Marxe School of
Public and International Affairs
at Baruch College of The
City University of New York --
brings together a fresh cohort
of mid-career nonprofit professionals
to help them prepare
to take on more challenging
leadership roles in their
BUS INES S , B ROOKLYN S T Y LE
����������������������������������������������������������������������������������
organizations and beyond.
In turn, it increases the
quality and diversity of the individuals
who will be leading
the next generation of New
York City nonprofits, preparing
them to tackle the challenges
of the jobs.
“It provides a safe space to
discuss issues, learn skills,
and share lessons,” says Pat
Swann, The New York Community
Trust’s senior program
officer, who has led The
New York Community Trust’s
work on the program since its
inception in 2015.
Since then, The Trust has
invested more than $2.3 million
in the program, which
has now trained more than
200 mid-career leaders. The
latest cohort of more than two
dozen fellows took part in a
graduation ceremony on Oct.
4th at God’s Love We Deliver
on Spring Street in Greenwich
Village.
Participants have said
that developing their own
personal and professionals
networks is a huge benefit
of the program. They have
also said the curriculum is a
well-developed one that meets
their needs, allowing them to
become more involved in strategic
decision-making within
their organizations. Nearly
one half have earned promotions
the year after completing
the program.
Diversity is one of the
program’s hallmarks. More
than half of its graduates to
date – 55 percent – are people
of color and more than threequarters
were women.
This 12-week professional
certificate program features:
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distinguished faculty including
Baruch College professors
and experienced practitioners
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through the lens of real-world
issues and trends.
���� �������������������� ������������������ ����������
address a particular challenge
or opportunity.
���� ���������������������� ����������������-
tions hosted by Dean David
Birdsell of the School of Public
Affairs, connecting fellows
with leaders of the nonprofit
sector and government.
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decades of experience in the
field.
Upon completion of the
program, fellows receive a
certificate from the Austin W.
Marxe School of Public and
International Affairs at Baruch
College.
With today’s growing economic
inequality, the work
of the city’s robust nonprofit
sector has never been more
important.
New York Community
Trust Leadership Fellows 909
Third Ave. in Manhattan,
www.TrustFellows.org. Applications
for the spring cycle
begin in January. For more information,
contact Mike Bawa:
Gaurav.bawa@baruch.cuny.
edu.
GayCityNews.com | October 24 - November 6, 2019 13
/www.TrustFellows.org
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/www.TrustFellows.org
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