Local
Lesbian officers accuse D.C. police of discrimination
Mendelson urges city to settle lawsuit charging harassment, retaliation
‘I would hope that the department has gotten better since the time of these allegations,’ said acting D.C. City Council Chair Phil Mendelson about a bias lawsuit filed by two lesbian police officers. (Washington Blade file photo by Michael Key)
Acting D.C. City Council Chair Phil Mendelson (D-At-Large) said he would like to see the city’s attorney general consider settling a little noticed discrimination lawsuit filed against the District in January 2011 by two lesbian members of the Metropolitan Police Department.
Det. Kennis M. Weeks and Officer Tonia L. Jones charge in a 38-page complaint filed in U.S. District Court for the District of Columbia that they’ve been subjected to discrimination, harassment and retaliation based on their sexual orientation and sex since September 2006, when they disclosed they were in a same-sex relationship.
“One would hope the alleged conduct is no longer continuing,” said Mendelson, who chairs the Council committee that oversees the police department. “And I would hope that the department has gotten better since the time of these allegations.”
The lawsuit charges that at least seven sergeants, two lieutenants, and three officers from the Seventh District – along with Seventh District Commander Joel Maupin – played some role in carrying out the alleged discrimination.
Police officials “created and tolerated an environment in which employees could harass plaintiffs on the basis of their sex and sexual orientation without any investigation or repercussions,” the lawsuit says.
It says Weeks and Jones filed complaints of discrimination based on sexual orientation and sexual harassment in October 2007 with the police department’s Equal Employment Opportunity Compliance Division.
“On Nov. 19, 2007, MDP’s Assistant Chief, Peter Newsham, made a decision not to investigate plaintiff’s internal EEO complaints,” the lawsuit says.
Cathy Harris, the attorney representing the two women, said Newsham instead told them they should file their complaint with the city’s Office of Human Rights.
“They were shocked that the department wouldn’t address this internally,” Harris said.
When asked about the case following an Aug. 9 news conference on an unrelated issue, Newsham told the Blade he couldn’t discuss details of a pending case.
“With regards to any lawsuits, you know that people draw up whatever type of complaint they want, and just because someone raises those issues doesn’t mean they’re true,” he said. “Things have to be verified and investigated. So I think it’s premature to draw any conclusion from a civil complaint that’s filed somewhere,” he said.
D.C. police spokesperson Gwendolyn Crump said police are referring all inquires about the case to the D.C. Attorney General’s office, which is defending the city against the lawsuit in court.
Ted Gest, a spokesperson for D.C. Attorney General Irvin Nathan, said his office also had no comment on the case. Gest said that at the present time, the office’s response to the case – Tonia L. Jones and Kennis M. Weeks vs. the District of Columbia – is reflected in their court filings.
The court filings on behalf of the city contest some of the claims made by Weeks and Jones on procedural and technical grounds, saying their attorneys missed filing deadlines requiring that the claims be dismissed. A March 23, 2011 brief filed by Nathan and three other attorneys from the Attorney General’s office disputes several of Weeks and Jones’ discrimination allegations on the merits, saying Seventh District supervisors based their actions on standard personnel practices rather than discrimination.
On July 25, U.S. District Court Judge Rosemary M. Collyer approved a motion by the city calling for dismissal of several of the claims in the case, including those alleging that the police action violated Weeks and Jones’ First Amendment constitutional right of freedom of speech by allegedly retaliating against them when they filed an internal police grievance about the alleged discrimination.
Collyer also dismissed the plaintiff’s claim that police and the city violated their Fourteenth Amendment rights to due process and equal protection under the law.
But the judge left in place most of Weeks and Jones’ other claims of sexual orientation discrimination under the D.C. Human Rights Act and sex discrimination under Title VII of the U.S. Civil Rights Act of 1964.
In her ruling, Collyer noted that the D.C. Office of Human Rights found probable cause in several of the lawsuit’s allegations that police officials committed sexual orientation and sex discrimination against Weeks and Jones in violation of the D.C. Human Rights Act. Attorneys for Weeks and Jones have since transferred the case from the Human Rights Office to the court’s jurisdiction.
In its brief contesting the lawsuit, the D.C. Attorney General’s office argued that the Office of Human Rights also found no probable cause that “plaintiffs were subjected to disparate treatment on the bases of sexual orientation and sex” regarding their specific allegation that they were not allowed to ride together in a police cruiser on patrol duty.
The attorney general’s brief also says no probable cause was found for an allegation in the lawsuit that a decision to give police cases that Jones was working on to male detectives was based on discrimination.
A court scheduling conference is set for Aug. 28, where court observers say a trial date might be scheduled.
Mendelson said he was unaware of the lawsuit until the Blade informed him about it last week and provided him with an online link to the complaint.
“Of course we don’t know what the facts are because this is still pending in court,” Mendelson said. “It’s discouraging to read this kind of alleged conduct. And of course the judicial process is one where the facts will be determined,” he said.
“I would hope that the police department is addressing this and the attorney general is looking at whether it would be better for the District to just settle the case and ensure that this kind of conduct no longer occurs,” Mendelson said.
Although filed in January 2011, the case received no known news media coverage until Aug. 3, when Courthouse News Service published an online story reporting that Judge Collyer dismissed some of the claims in the case while upholding others. Three days later, Huffington Post published a similar story with the link to the Courthouse News Service story.
News of the case is likely to raise concern among LGBT activists, who have been assured by D.C. Police Chief Cathy Lanier that anti-LGBT bias within the ranks of the department was mostly a thing of the past and that the department doesn’t tolerate such bias.
The lawsuit says the alleged discrimination and harassment began in September 2006 after Weeks and Jones told one of their supervisors at the Seventh District, Sgt. Jon Podorski, that they were a couple. The two had been squad car partners since early 2006 and began a relationship in July of that year, the lawsuit says.
“Almost immediately thereafter, the sergeants began harassing them and subjecting them to a hostile working environment on a frequent and continuing basis,” the suit says.
“Plaintiffs complained about the discrimination to MPD in January 2007,” it says. “However, this had the effect of continuing and increasing the harassment and hostile work environment.”
According to the lawsuit, several of the sergeants named in the suit continuously made derogatory comments about Weeks and Jones in the presence of fellow officers and supervisors. Among other things, the suit says the sergeants – who served as Weeks and Jones’ supervisors – urged them to have sex with men, with one sergeant referring to Jones as the “butch one” and Weeks as the “femme one.”
During a May 2007 party in which many Seventh District officers were in attendance, one sergeant shouted in a loud voice to both Jones and Weeks, “Do you wanna fuck?” the lawsuit says.
“Plaintiffs were mortified, embarrassed and threatened by this verbal assault, which was within earshot of many of their colleagues,” the suit says.
In September 2007 an officer told Weeks and Jones he wanted to watch them have sex and that he would “pay them $5,000 for the opportunity to do so,” the lawsuit says.
“On February 17, 2009, someone put an open tampon and parts of the tampon wrapper on plaintiff Weeks’ desk,” it says. “Plaintiff Weeks reported the incident to defendant and requested an official investigation. Defendant never initiated an investigation,” according to the lawsuit.
Attorney Harris said the two women were shocked and horrified over an October 2006 incident that occurred shortly after they informed Podorski of their relationship.
“Plaintiffs and Sgt. Podorski responded to a call on Stanton Road regarding an alleged assault with a deadly weapon,” the lawsuit says. “The matter concerned a mother, a relative and a child. The mother and relative had responded violently after the child had informed them that she was gay.”
The lawsuit continues: “Plaintiffs intended to arrest the mother and the relative for the violent offenses. But Sgt. Podorski instructed the plaintiffs to instead take the child to the Psychiatric Institute of Washington and have her committed because she was gay,” the lawsuit says.
“He also stated that no arrest should be made because it was ‘only’ a domestic disturbance. Plaintiffs objected to this order,” the lawsuit says. “Sgt. Podorski was later investigated by the MPD for this incident and, upon information and belief, he was suspended. Nevertheless, despite the complaints made by plaintiffs about Podorski’s harassment and his discriminatory conduct, he has never been disciplined for his harassment of plaintiffs,” the lawsuit alleges.
Harris said her clients separated as a couple over a year ago, in part, due to the stress they encountered from the harassment and discrimination charged in the lawsuit.
The lawsuit, among other things, calls for compensatory damages and back pay for what Jones claims is the loss of a promotion due to bias on the part of police officials.
“I really want to make it clear about my clients,” Harris said. “They’re not doing it because of the money. They’re doing it because what happened to them was wrong and they want to make sure that this doesn’t happen to any other officer or detective or employee of the MPD, no matter what their sexual orientation or gender is.”
Harris said she never informed the media about the case because Weeks and Jones were hopeful that the case could be resolved quietly.
“They were not seeking publicity – just relief and justice,” she said.
Now that the case is beginning to receive public attention, Harris added, “Anything the gay community can do to help D.C. understand that this is totally unacceptable and should be resolved – we’re happy to get that support.”
“Even though this case is still under investigation, the allegations show a deeper homophobia present in MPD than leadership, including Chief Lanier, publicly acknowledges,” A.J. Singletary, chair of Gays and Lesbians Opposing Violence (GLOV) told the Blade, Wednesday. “Rather than fight the charges on procedural and technical grounds, GLOV urges MPD to investigate the actual allegations and fix not only the specific issue with the two women involved but also the broader problem of homophobia within MPD.”
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The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Raffi Freedman-Gurspan on being appointed Associate Director, Federal Funding & Infrastructure Office, at the Massachusetts Executive Office for Administration & Finance. Freedman-Gurspan will be returning to her hometown of Boston and joining Gov. Maura Healey’s Administration. Freedman-Gurspan served in both the Obama and Biden administrations as well as worked in LGBTQ and redistricting advocacy during her 11 years in D.C.
Freedman-Gurspan was the first openly transgender person on the White House staff when she worked for President Obama. She most recently served at the U.S. Department of Transportation in former Secretary Pete Buttigieg’s office, as Deputy Director of Public Engagement. Previously she worked with the National Redistricting Action Fund/The All On The Line Campaign, as Deputy States Director. She worked for the National Center for Transgender Equality (NCTE) as Director of External Relations. In the Obama White House, she worked in the Office of Public Engagement, as Senior Associate Director. She was the White House Liaison to the LGBTQ community responsible for management of all public inquiries on matters regarding LGBTQ people, including recommending public responses to senior leadership, assisting in drafting administration talking points, and coordinating stakeholder engagement with the White House offices. She worked with the White House, Presidential Personnel Office (PPO), as Outreach and Recruitment Director.
Prior to that she was on the staff of Commonwealth of Massachusetts, House of Representatives Office of State Rep. Carl Sciortino, as legislative director, and worked for the City of Somerville, Health Department, Office of Commissions, Somerville, Mass., as LGBTQ Liaison.
Freedman-Gurspan served on the United States Holocaust Memorial Council, the Presidentially Appointed Council; and as a member, and Board Member, Boston University, College of Arts and Sciences, Women’s, Gender & Sexuality Studies Program.
She earned her bachelor’s degree in Political Science and Norwegian, concentration in Nordic Studies, from St. Olaf College, Northfield, Minn.
District of Columbia
Murdered Israeli embassy officials were supporters of D.C.’s LGBTQ synagogue
Bet Mishpachah calls fatal shooting outside Capital Jewish Museum ‘devastating’
The two Israeli embassy officials who were shot to death outside D.C.’s Capital Jewish Museum Wednesday evening, May 21, were strong supporters of Bet Mishpachah, D.C.’s LGBTQ supportive synagogue, according to a statement it released.
“We are especially devastated by the loss of our dear colleague and friend of Bet Mishpachah, Sarah Milgram, and her soon to be fiancé, Yaron Lischinsky,” the LGBTQ synagogue said in a May 22 statement.
“Sarah was the liaison between Bet Mishpachah and the Israeli Embassy, working closely with our staff and clergy,” the statement says. “Her warmth, professionalism, and deep commitment to building bridges within the Jewish community made her not only a trusted partner but a beloved part of our extended congregational family,” according to the statement.
A statement also released on May 22 by the office of the United States Attorney for the District of Columbia says Chicago resident Elias Rodriguez, 30, has been charged with two counts of first-degree murder along with other weapons related charges in connection with the shooting deaths of Milgram and Lischinsky.
Officials with the D.C. police and the FBI, which has joined D.C. police in continuing to investigate the case, have said Rodriquez arrived in D.C. from Chicago one day prior to the shooting and appears to have targeted an event taking place at the Capital Jewish Museum for violence at the time it was hosting an event called “Young Diplomats Reception,” in which Israeli Embassy officials were in attendance.
Police and FBI officials have said Rodriguez allegedly shot Milgrim and Lischinsky after they left the Capital Jewish Museum at the conclusion of the event. The museum is located at 575 3rd Street, N.W.
“Surveillance footage reportedly shows Rodriquez walking past the victims before turning and firing multiple rounds,” the U.S. Attorney’s statement says. “After the victims fell, he allegedly continued firing at close range, including as one attempted to crawl away,” it says, adding, “Investigators recovered a 9 mm handgun and 21 spent shell casings at the scene.”
Police have said Rodriguez walked into the Capital Jewish Museum after the shooting and was detained by security guards until D.C. police arrived. Witnesses said he began to shout, “free, free Palestine” before police took him into custody.
“Make no mistake, this attack was targeted, antisemitic violence,” said Steven Jenson, an FBI assistant director working on the investigation. “The FBI will continue to pursue all leads and use all available resources to investigate this heinous murder,” he said in the statement.
The fatal shooting took place five days after the Capital Jewish Museum opened a special exhibition called “LGBT Jews in the Federal City” on May 16. “This landmark exhibition explores a turbulent century of celebrations, activism, and change in the nation’s capital by D.C.’s LGBTQ+ Jewish community,” the museum said in a statement announcing the exhibition.
Photos and documents related to Bet Mishpachah make up a prominent part of the exhibition.
During a May 22 press conference organized by the U.S. Attorney for D.C., Jeanine Pirro, to provide an update on the investigation into the two murders, Pirro and FBI official Jensen referred to the two murders as a hate crime and terrorist act.
In response to a question from the Washington Blade asking if investigators were looking into whether the LGBTQ exhibition at the Capital Jewish Museum might have played some role in Gonzales’s motive for targeting the museum, Pirro responded to the question.
“So, we are looking into absolutely everything,” she said. “There is so much information we’re looking at. And I must tell you, coming from New York, I’ve never seen the cooperation and coordination that I’m seeing here. It was immediate. It was instant. It was coordinated. And my hat’s off to this area. We’re going to clean it up, thank you,” she said in ending the press conference.
Josh Maxey, Bet Mishpachah’s executive director, said he and Israeli Embassy official Milgram became friends during their two-and-a-half-year interaction working on joint events between the embassy and Bet Mishpachah.
“This became a wonderful two and a half years journey of putting events together, of hosting events together, doing different programs for the community,” Maxey told the Blade. Among the activities the two worked on, he said, was the embassy’s annual LGBTQ Pride event.
Maxie said his own grieving over the death of Milgram and her boyfriend Lischinsky was heightened by the fact that he spoke with her by phone on the day of the shooting shortly before she arrived at the Jewish Museum over plans about this year’s LGBTQ Pride events.
“Sarah really championed us to be included in Israeli events,” Maxey said. “And so, I am just devastated that this true embodiment of an ally was so viciously and violently taken away from us.”
Delaware
Delaware marriage equality bill advances out of committee
Measure will now go before full state Senate
The bill that would amend Delaware’s state constitution to codify same-sex marriage advanced out of the Senate Executive Committee on Wednesday and now goes to the Senate chamber for a vote. If passed, the vote would go on to the House.
Three members of the committee voted favorable and one voted on its merits, meaning the member recommends the chamber take action on the legislation but does not take a position on what action should be taken.
Senate Bill 100 was introduced in April by Democratic Sen. Russ Huxtable of the sixth district of Delaware and has 21 co-sponsors. It is the first leg of an amendment to the Delaware Constitution. The act would “establish the right to marry as a fundamental right and that Delaware and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”
Senate Substitute One was adopted in lieu of the original bill on May 16. SB 100 originally focused exclusively on marriage equality relating to gender and the bill was tweaked to include protection for all classes that fall under Delaware’s Equal Rights Amendment, including race, color, national origin, and sex.
The Wednesday committee meeting heard testimony on SS 1 for SB 100 from individuals and organizations, including John Reynolds, Deputy Policy and Advocacy Director of Delaware’s chapter of the American Civil Liberties Union.
“After hard fought recent victories, the rights of LGBTQ Americans are under attack in many places across our country,” Reynolds said during his testimony. “It is important that Delaware be proactive and serve as a firewall protecting individual civil liberties. SS 1 for SB 100 is an example of this important work cementing the protections for marriage equality in our state constitution.”
According to Sen. Huxtable, the ACLU helped provide feedback on some of the bill’s language. Reynolds said the ACLU thought it was important to testify because this is a moment when so much is changing.
“These attacks are not just on specific communities, they’re on this concept of equality and liberty,” Reynolds told the Washington Blade. “We need to build these firewalls to both prevent harm to folks on the frontline of these attacks but also ensure that we don’t set very problematic and damaging standards that can be used to roll back protections for large [swaths] of our population.”
SS 1 for SB 100 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass. If passed, the next General Assembly after the next general election also has to pass it. Delaware is the only state in the country that can amend its state constitution without a vote of the people.
The Respect for Marriage Act was passed by the United States Congress in 2022 and signed into law by then-President Joe Biden. It codifies the right to same-sex and interracial marriage, requiring all states to recognize validly performed marriages from other states, regardless of whether they allow same-sex marriage within their own borders.
In Virginia, a bill codifying marriage equality was signed into law in 2024. California, Colorado and Hawaii have also passed amendments to codify same-sex marriage into their constitutions.
“We at the ACLU of Delaware are very excited that SS 1 for SB 100 passed out of committee yesterday,” Reynolds said. “It represents both Sen. Huxtable and the Delaware Legislature’s clear commitment to proactively protecting people’s rights within the LGBT community and outside to ensure that in this moment of uncertainty, we don’t sit idly by and wait for the worst to happen but take control of the things that we can to build the communities that we want.”
‘Things Like This’ embraces formula and plus-size visibility
Calendar: May 23-29
Comings & Goings
New doc chronicles gay hero’s journey from rape to forgiveness
Murdered Israeli embassy officials were supporters of D.C.’s LGBTQ synagogue
Looking back at 50 years of Pride in D.C
WorldPride events round-up
Pope Leo XIV: Family based on ‘stable union between a man and a woman’
Wes Moore signs HIV decriminalization bill
