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NYPD officers accused of assault, false arrests

Police say gay man urinated in public, resisted arrest

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NYPD, New York Police Department, assault, gay news, Washington Blade
NYPD, New York Police Department, assault, gay news, Washington Blade

New York police officers, seen here in a screen shot of a video shot by one of the men arrested, allegedly beat a gay man on June 2.

Representatives of LGBT advocacy groups held a news conference outside New York City police (NYPD) headquarters on Tuesday to denounce what they called the unjustified arrest of three gay men and an assault against two of them by officers who reportedly shouted anti-gay names at the men.

Josh Williams, 26, and his roommates, Tony Maenza and Ben Collins, both 24, have accused the officers of falsely charging Williams with urinating on the grounds of the 79th Precinct police station in the Bedford Stuyvesant section of Brooklyn as they were walking home about 4 a.m. on Sunday, June 2.

The LGBT representatives and three members of the New York City Council who joined them at the news conference said they were especially troubled that the alleged police attack on the gay men came on the heels of a string of anti-gay hate crimes in New York over the past several months, including the murder of a gay man in Greenwich Village in May.

The three men “reported that they were walking past the 79th Precinct when an NYPD officer accused one of the men of public urination and attacked him, throwing him against a police car,” said a statement released by the New York Anti-Violence Project (AVP), an LGBT group that organized the news conference.

“The officer was joined by other officers who also attacked the man, throwing him to the ground and pepper spraying him while he was in handcuffs,” the statement says. “The survivor was handcuffed tightly, causing lacerations. The survivor’s injuries were treated at a hospital, where he was again restrained with wrist and ankle cuffs.”

The Village Voice reported it learned through an unnamed source that the NYPD Internal Affairs Bureau opened an investigation into the incident “after someone apparently associated with the precinct filed a complaint.”

The AVP released a video of part of the incident that Maenza says he took with his cell phone, in which silhouettes of the police officers and the three gay men can been seen in the darkness shouting at one another.

Although the video is too dark to show anyone’s face, a cluster of officers can be seen holding down a person on the ground.

“He didn’t do anything,” one of the men shouted in the video. One of the officers shouted back, “Get the fuck out of here.”

The three or four-minute long video, which has been posted on YouTube, ends with Maenza demanding that the officers identify themselves with their badge numbers and telling them he filmed “the whole thing.” When the officers don’t respond to Maenza’s call for their identities the gay men and the officers can be heard exchanging insults, with both sides cursing at one another.

“He didn’t piss, he didn’t fucking piss on anything,” one of the gay men shouted. “You’re a fucking asshole,” one of the officers shouted back. “What a fucking bunch of pigs,” one of the gay men yelled.

In a statement emailed to the Washington Blade, Deputy New York Police Commissioner Paul J. Browne said the incident began when an officer “observed a male urinating on a dumpster in the precinct parking lot” near the precinct’s gasoline pumps.

“The same police officer approached the individual, who was uncooperative and refused to ID himself,” prompting the officer to attempt to arrest the individual, who was later identified as Josh Williams, Browne said in his statement.

“The individual, who appeared highly intoxicated, was combative and uncooperative,” Browne’s statement says. “He resisted arrest and force was employed to arrest him, during which he incurred a laceration to the cheek and bruising.”

Browne’s statement says police charged Williams with resisting arrest, disorderly conduct and urinating in public. He said officers arrested Collins and Maenza on a charge of obstructing governmental administration.

According to Browne’s statement, officers filed that charge because Collins and Maenza allegedly interfered with Williams’ arrest by “getting in between the suspect and the officers, trying to pull the suspect away, and refusing to leave police department property when directed.”

Cynthia Conti-Cook, an attorney representing the three gay men, said in a statement released by the New York Anti-Violence Project that the arrests were unjustified and the officers rather than her clients should be charged with committing a crime.

“We call for all charges to be dropped,” she said. “We call for charges to be brought against the police who assaulted, verbally abused and arrested my clients. We will hold these officers accountable today, we all will feel safer in our communities tomorrow,” Conti-Cook said.

In an interview with the Village Voice, Williams said one of the officers started to assault him when Williams asked whether he and his roommates were being detained.

“He rolled his eyes and sort of snapped, twisting an arm behind my back and slamming me against a car,” the Voice quoted Williams as saying. “I was able to ask him what was going on, and he slammed me against the car and pepper-sprayed me. I was blinded and disoriented.”

Sharon Stapel, the Anti-Violence Project’s executive director, told the Blade that the three men were held overnight in a police holding cell and released following a court arraignment.

She said Collins and Maenza agreed to an offer by prosecutors known as an “adjournment in contemplation of a dismissal,” or ACD, plea in which the case against them will be dismissed in six months if they are not arrested again.

Stapel said the three men came to AVP for assistance following their arrests. She said the group waited a little over a week to publicly announce the arrests and what she called the improper action by the police officers to give the men a chance to think about whether to go public with what happened to them.

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Tennessee

Tenn. lawmakers pass transgender “watch list” bill

State Senate to consider measure on Wednesday

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Tennessee, gay news, Washington Blade
Image of the transgender flag with the Tennessee flag in the shape of the state over it. (Image public domain)

The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.

House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.

The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”

It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.

HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.

The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.

This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.

Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.

It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”

State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.

“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”

Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.

“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”

The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:

“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

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National

Glisten’s 30th annual Day of Silence to take place April 10

Campaign began as student-led protests against anti-LGBTQ bullying, discrimination

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(Photo courtesy of Glisten)

Glisten’s 30th annual Day of Silence will take place on April 10.

The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth. 

It takes place annually and has multiple ways for supporters to get involved in the movement. 

Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence. 

There are three main ways for the community to get involved in the Day of Silence. 

Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…” 

Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link. 

Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence. 

Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence. 

“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”

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South Carolina

Man faces first S.C. ‘hate intimidation’ charge 

Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1

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The South Carolina flag waving over the state. (Washington Blade Photo by Michael K. Lavers)

A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.

Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.

At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.

In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.

Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.

According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.

Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.

As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.

WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.

“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”

“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”

WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.

The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.

“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.

He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.

South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.

Truett remains in jail as of publication.

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