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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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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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