ORLANDO, Fla. — The city of Orlando is working to determine who will receive a payout through the OneOrlando Fund, which was set up to help survivors and the families of victims in the Pulse nightclub shooting.
However, there are some who have been denied access to money.
Deonka Drayton was one of 49 people killed in the Pulse nightclub shooting. She tried to reach her longtime partner, Emily Addison, through text messages as the shooter fired.
Addison said she didn’t see the text messages until the next morning. She said she typically sleeps with her phone off to not disturb the child she was raising with Drayton.
“Ever since she passed, I've been treated like all of that is supposed to be erased, like it doesn't matter, Addison told 9 Investigative reporter Daralene Jones.
Emily said she and Drayton had issues just like any other couple, but their on-again-off-again relationship lasted seven years. They were never legally married or connected through the city or county domestic partner registries.
Addison said they were raising a son together, who is now 2 years old.
Medical records show Drayton listed as a parent or legal guardian who helped care for the child. But since those are not legal documents, Addison does not qualify for assistance through the OneOrlando Fund or the State Victim's Compensation Fund.
“I cannot be the only person that is being shut out because we were not married,” Addison said.
Addison is not alone.
A representative for the city of Orlando wrote in an email to 9 Investigates: "This was an issue that was expressed by many attendees at town hall meetings."
Former Chief Judge Belvin Perry researched the issue for 9 Investigates.
“It will be practically impossible to prevail in a probate court because they would not have what is known as standing,” Perry said.
In other words, there are no legal documents attaching the two partners and connecting Drayton to the child.
The city enacted a domestic partner registry in 2012 to help protect the LGBT community from being blocked out of their partners' lives.
Since then, 1,483 couples have signed up, including some heterosexual couples.
But Orange County eliminated its registry last year because same-sex marriage was legalized, and other cities and states have done the same.
Perry said many cities and states are moving in that direction.
“You're going to have to put a ring on it. You're going to have to show a marriage,” Perry said.
Perry said they may have an argument in probate court under something called, virtual adoption.
“There is a concept called virtual adoption, where a child raised by two parents, who are not natural parents, did not adopt, but represented the child as their child, acted as if it was their child and they died. If you meet the criteria for virtual adoption in an estate that person can inherit, so there may be an out for some of the Pulse victims if they can take that theory of virtual adoption and try to make it fit a virtual marriage. The one caveat is that Florida does not recognize common law marriage,” Perry said.
Addison said she‘s wondering how to raise their child on her own.
“It just feels like now we're just supposed to forget the seven years,” Addison said.
A representative for the city said it is encouraging families in that situation to fight their cases in probate court if they feel they have legal standing.
Cox Media Group
