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Transgender woman sues D.C. police, U.S. marshals

Claims authorities placed her with male detainees after 2009 arrest

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Gay News, Washington Blade, Transgender, Patti Hammond Shaw
Gay News, Washington Blade, Transgender

Patti Hammond Shaw (Photo courtesy of Patti Hammond Shaw)

A transgender D.C. woman alleges in a lawsuit against the Metropolitan Police Department and the U.S. Marshals Service that she was improperly placed with male prisoners after a 2009 arrest.

Patti Hammond Shaw of Southeast Washington said she turned herself in to officers at the Sixth District station on June 18, 2009, after she received a letter that stated there was a warrant for her arrest for filing a false police report. Shaw claims that she showed officers her identification that proved she was legally female, but they placed her in a cell in the menā€™s section. She further alleges that male prisoners ā€œasked to see her vagina, breasts and buttocks.ā€

D.C. police subsequently remanded Shaw, who underwent sex reassignment surgery in 1999, to the custody of U.S. marshals. She said she insisted that she is a woman, but Shaw claims that they insisted she was a man and referred to her by her birth name Melvin. The lawsuit states that the male marshal who searched Shaw ā€œgroped her breasts, buttocks and between her legs repeatedly and excessively.ā€ She further alleges that other marshals made crude comments about her breasts and gender.

The lawsuit claims that marshals placed Shaw in a holding cell with approximately 30 men who were going to traffic court. ā€œSeveral of the men in the holding cell touched Ms. Shaw inappropriately, verbally harassed and propositioned her, threatened to punch her if she did not show her breasts to them, and shook their penises at her,ā€ it reads.

Shaw also claims that she was forced to urinate in a cup in ā€œfull view of the men in the holding cell.ā€ She further states that a male detainee to whom she was chained touched her ā€œinappropriately several timesā€ as they went into D.C. Superior Court. Shaw said that the marshals told the man to stop harassing her and instructed her to ignore him. She alleges that the male detainee continued to harass her and the marshals ā€œdid not take any further action.ā€

ā€œGoing through something like this was very, very, very hard for me being a transsexual woman,ā€ Shaw told the Blade. ā€œI kept telling them I was a woman and they said, ā€˜thatā€™s what they all say.ā€™ They didnā€™t believe that I had sex reassignment surgery. They didnā€™t believe me at all.ā€

Arrestees receive a Police Department Identification Number that is linked to their name and gender when they are taken into custody for the first time.

D.C. police in 2007 adopted a policy that states trans arrestees must remain in a holding cell by themselves. Personnel are required to remain cognizant of a detaineeā€™s gender identity and expression, and immediately notify their commanding officer if their record indicates a different gender than the one that they present at the time of their arrest. The policy further states that MPD staff should pass this information along to the U.S. Marshals Service or other law enforcement agencies that may transport a prisoner.

Neither the MPD nor the U.S. Marshals Service responded to the Bladeā€™s request for comment, but the lawsuit alleges that D.C. police failed to adhere to their own policy. It further accuses Steve Conboy, former U.S. marshal for the D.C. Superior Court, of ā€œintentionally disregarding gender information about transgender detaineesā€ that MPD employees relayed to members of the U.S. Marshals Service. The lawsuit also names Benjamin Kates, former acting U.S. marshal for the D.C. Superior Court, as a co-defendant.

U.S. District Judge Ellen S. Huvelle last November dismissed Shawā€™s lawsuit on procedural grounds, but she said she could pursue them in U.S. District Court in spite of her belief that they would ultimately not proceed.

Shawā€™s attorney, Jeffrey Light, told the Blade that his clientā€™s incarceration with male inmates was based on where ā€œher genitals used to be.ā€

ā€œThereā€™s absolutely no legitimate reason for that,ā€ he said. ā€œIndividuals have different ideas about where they would be safest. Some people want to be in a cell by themselves, some people would prefer to be in the general population with people of the gender with which they identify. It makes sense when anybody is in custody in the criminal system where they feel safest is taken into account.ā€

Shaw is seeking unspecified monetary damages that a jury would ultimately determine if her case goes to trial.

Light said he has met with Michael Hughes, the gay current U.S. marshal for D.C. Superior Court, to discuss the concerns highlighted in Shawā€™s lawsuit. He said Hughesā€™ office has solicited input from the D.C. Trans Coalition on how to improve the treatment of trans prisoners while in custody.

ā€œThis was a very positive step that we were invited to work on that,ā€ said Light.

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Local

Comings & Goings

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Joseph Poduslo

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Some people are especially inspiring to write about, and one such person is Joseph Poduslo. He is justly proud of his ā€œLuminary of the Yearā€ nomination, which is granted to survivors, caregivers, and researchers, by the Brain Industry Association of America (BIAA). I urge you to take a look at its website, and maybe help Poduslo raise some funds for this incredible organization. 

ā€œI have always wanted to share my journey to help and inspire others,ā€ he said. ā€œThe brain is the most amazing creation and retraining the brain takes time and effort. But Iā€™m doing it.ā€ You can read his story in his own words. You will find it as inspiring as I did.  

After spending time with his family in Texas, he is now back in D.C. He is Senior Vice President, and founding agent, the Poduslo Group. His bio notes, ā€œHis work for his real estate clients has garnered him industry-wide recognition. Joseph has been featured in the Washington Post, NBC, CNN, and in 2018, Washington Life Magazineā€™s ā€˜Most Influential Business Person Under Forty.ā€™ ā€¦ When Joseph is not redefining the real estate industry, he has invested in numerous small businesses and restaurants in downtown D.C. over the last 17 years. He founded the D.C. Progressive Dinner, an organization that helps SMYAL, a local non-profit. Joseph formerly served on the Capital Alliance Board in the DC area.ā€

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Delaware

GOP candidate in Del. House race expresses LGBTQ support

Simpler says trans residents deserve protection from discrimination

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(Image by larich/Bigstock)

Early voting is underway in Delaware and one race that has captivated the LGBTQ community is the 14th District House seat being vacated by longtime ally Pete Schwartzkopf. Claire Snyder-Hall, a lesbian, won the Democratic primary and faces Republican Mike Simpler. But Simpler says the LGBTQ community shouldn’t discount him simply because he’s a Republican.

ā€œI was kind of upset that they would even think of me being a Republican, that I would discriminate against the LGBTQ community in general,ā€ Simpler told the Blade. ā€œIt’s kind of upsetting knowing that I’m born and raised here, and I’ve had family members that way. I mean the treasurer of my campaign is a lesbian. It’s just upsetting that people feel that way about the gay community in general.ā€ 

Simpler, a lifelong resident of Sussex County and the current president of the Rehoboth Beach Volunteer Fire Company said that his experience in the role has allowed him to work alongside many different types of people, including members of the LGBTQ community. 

ā€œWe probably have the most diverse fire company in the state of Delaware, when it comes to the LGBTQ group,ā€ he said. ā€œPeople need to realize that the LGBTQ [community] is no different than the rest of the people in the world.ā€

Simpler also shared with the Blade that he has had firsthand experience with a unique aspect of LGBTQ culture ā€” drag. He dressed up in drag at a fundraiser held at The Pines, a popular gay venue in Rehoboth Beach.

ā€œI was asked to volunteer for a fundraiser, and next thing you know, I find out Iā€™m going to be in drag at The Pines,ā€ Simpler said. ā€œWe had a ball! I mean, I had so much fun.ā€   

Not only did Simpler definitively say he supports the LGBTQ community in Delaware, but he added he supports legislative protections for these communities. He pointed out that providing a safe space for marginalized communities is ingrained in American history.  

ā€œProtect them,ā€ he said when asked about the potential of supporting pro-transgender legislation amid a wave of anti-LGBTQ state legislation being passed nationwide. ā€œYou’ve got to. They’re trying to escape. For example, they’re trying to escape the process like the Jews did, like the Chinese when they came here. They’re trying to move away from an issue where they’re being prosecuted against to somewhere where they can be free and enjoy their life that they want to live.ā€ 

In addition to promising LGBTQ support, Simpler says he backs smarter growth in the region by prioritizing better development and efforts to alleviate traffic. He also pledges to attract high-quality jobs to the region.

Simpler faces Synder-Hall in the Nov. 5 general election. Read the Bladeā€™s profile of her, here: https://www.washingtonblade.com/2024/09/24/claire-snyder-hall-interview/

Early voting is already underway. 

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Virginia

New Virginia license plate celebrates LGBTQ diversity

450 applications needed for it to become official option

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(Image courtesy of Diversity Richmond)

Diversity Richmond has designed a license plate that allows Virginia drivers to celebrate and raise the visibility of LGBTQ diversity. The Virginia-based LGBTQ nonprofit needs 450 applications by January for the plate to become an official state option. 

The license plate design features a group of hands stacked on top of each other in the far left corner, and the Progress Pride flag runs horizontally across the bottom of the plate. The words ā€œCelebrate Diversityā€ are prominently displayed over the flag. 

Rev. Dr. Lacette Cross, executive director of Diversity Richmond, said the design celebrates the diversity of the LGBTQ community.

ā€œ[The design] reflects the diversity of the intersecting identities of our community,ā€ she said.  

Applications are available on Diversity Richmondā€™s website, and the license plate costs $25. Once completed, applicants should email the form to Diversity Richmond, not to the Virginia DMV, as Diversity Richmond will submit both the applications and fees to the DMV on their behalf.

If the organization gathers 450 applications and payments by the start of the 2025 Virginia General Assembly session in January, Del. Betsy B. Carr (D-Richmond) will sponsor the plate through the approval process to make it an official option. 

The initiative also serves as a fundraiser for Diversity Richmond, which will receive a portion of the proceeds from the license plate registration fees. 

ā€œThe ultimate benefit,ā€ Cross said, ā€œis the continual visibility of LGBTQ persons, our allies, and our supporters that are driving around the Commonwealth of Virginia, spreading the message of acceptance and of allyship.ā€

She described Diversity Richmond as the hub of the LGBTQ community in Greater Richmond, noting the organizationā€™s ā€œreally dynamicā€ work within the community. The nonprofit runs the popular thrift store Diversity Thrift, hosts the annual Virginia Pridefest in September, and exhibits the work of LGBTQ artists in its art gallery.

Diversity Richmond is planning to celebrate its 25th anniversary with a public party at the Virginia Museum of History & Culture on Wednesday, Nov. 13. 

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