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Gay Games trial set for July in Cleveland

Lawsuit says games run by straight ‘front group’

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A lawsuit filed last fall by a Cleveland-based foundation contesting a decision by leaders of the Gay Games to terminate its contract to operate the 2014 LGBT athletic event is scheduled to go to trial July 25.

A spokesperson for the Federation of Gay Games said the organization remains hopeful that a settlement can be reached with the Cleveland Synergy Foundation before the start of the trial.

But the spokesperson, Kelley Stevens, said plans for the quadrennial LGBT sports competition are moving forward and the group is confident the Gay Games will take place in the Cleveland-Akron area as scheduled in the summer of 2014.

“Because there’s a completely different entity running the plans for the 2014 games, they’re not spending any of their time on this,” he said, referring to the lawsuit. “So things are moving ahead as planned.”

The Cleveland Synergy Foundation charges in its lawsuit that the FGG, the City of Cleveland, a high-level city official, and the Greater Cleveland Sports Commission conspired to illegally terminate its contract to operate the 2014 games. The Sports Commission is a non-gay organization that initially pledged to help the Synergy Foundation promote the games.

The lawsuit asks a judge with the Cuyahoga County, Ohio, Court of Common Pleas to force the FGG to reinstall Synergy Foundation as the operator of the games. It also calls for compensatory damages against the FGG and the city “in an amount to be proven at trial” plus interest, fees and possible punitive damages.

The FGG says it terminated the agreement because Synergy failed to fulfill its obligations under the terms of the agreement. It says it acted legally because the agreement included a provision allowing the FGG to invoke a termination provision for non-fulfillment of the contract.

In October, the FGG announced it was replacing Synergy with a newly formed non-profit organization called the Cleveland Special Events Group Corp. through an exclusive licensing agreement. The group consists of LGBT and non-LGBT organizations and individuals from the Cleveland area.

Richard Haber, the attorney representing Cleveland Synergy Foundation, said the new entity appears to be a front group for the Greater Cleveland Sports Commission, which he said has emerged as the “behind the scenes” operator of the Gay Games.

He said testimony in depositions given as part of the lawsuit shows that the Sports Commission and Cleveland city official Valerie McCall from the mayor’s office are actually running games operations.

According to Haber, this appears to violate the Gay Games’ longstanding policy of having an LGBT organization in the host city operate the games. The Sports Commission clearly is not an LGBT organization, he said.

Stevens said such a claim doesn’t merit a comment from the FGG.

“I’m not going to comment on the Cleveland Synergy Foundation’s claims,” he said. “They’ve got a lot of claims. So I’m not going to comment on what they think.”

In a competitive bidding process held in 2009, the FGG awarded the games contract to Cleveland Synergy on behalf of the City of Cleveland. The group won the contract over competing bids submitted by LGBT sports groups from D.C. and Boston.

The D.C. group, Metropolitan Washington Gaymes, Inc., has said the FGG’s subsequent decision to oust Cleveland Synergy from operating the games meant that the games should go to D.C., which had been picked as the first runner up for the games.

FGG officials dispute Washington Gaymes’ interpretation of the bidding process, saying the FGG has authority to keep the games in Cleveland even though it was forced to oust Synergy Foundation as the operator of the Gay Games.

Meanwhile, in its court filings and depositions, Cleveland Synergy says it has uncovered e-mails and accounts of private conversations among Cleveland Sports Commission officials making anti-gay remarks and jokes about gays.

Haber said the findings, uncovered during the lawsuit’s discovery process, show that a historically LGBT-run sporting event may now be in the hands of a straight organization whose leaders are, at best, insensitive, to the LGBT community.

Cyd Zeigler, editor and publisher of the blog Out Sports, said he doubts that any of this will make a difference to the overwhelming majority of the 15,000 LGBT athletes expected to turn out for the Gay Games in Cleveland. FGG officials say a combined total of more than 50,000 people are expected to either participate in or attend the 2014 Gay Games.

“Why would anyone care whether the Gay Games are organized by a bunch of gay people or a bunch of straight people?” he said. “Your average gay swimmers and gay softball players just don’t care about any of this.”

Added Ziegler, “If the event is fun, if the event breaks even financially, and the athletes and their friends have fun the event is going to be a success, just as it has in nearly all prior years,” he said.

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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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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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