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Del. gay man who alleged police abuse found guilty

Anti-gay bias allegation not mentioned in trial

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excessive force, Robaire G. Lizama, anti-gay attack, Lewes, Delaware, gay news, Washington Blade

Robaire G. Lizama was found guilty of several misdemeanor charges.
(Photo courtesy Lizama)

GEORGETOWN, Del. — A 66-year-old gay man who filed a complaint against a police officer in Lewes, Del., for allegedly using excessive force to arrest him in January during an altercation at a hospital emergency room was found guilty by a Delaware judge on Tuesday on misdemeanor charges of disorderly conduct, menacing, and resisting arrest.

 Judge Rosemary Beauregard of the Sussex County Court of Common Pleas announced at the conclusion of a non-jury trial in Georgetown, Del., that a state prosecutor proved beyond a reasonable doubt that Robaire G. Lizama engaged in “hysterical and abusive” behavior at the hospital that justified his arrest and confirmed he committed the three offenses.

In a development that court observers said was routine for a misdemeanor case like this one, Beauregard handed down an immediate sentence for Lizama that included a 30-day suspended jail term, six months of court-monitored probation, and a $600 fine plus $57 in court reimbursement costs.

In another development likely to surprise LGBT activists familiar with the case, Lizama’s public defender attorney Heather Lingo made no mention during the trial of Lizama’s written complaint to the Lewes Police Department in February alleging that the arresting officer singled him out because he’s gay.

 When approached by the Blade after the trial Lingo declined to comment, saying she would have nothing more to say about the case.

 “I don’t think he would grab a straight man, bear hug him and then body slam him to the ground and try to tell him he’s being arrested,” Lizama told the Washington Blade at the time he filed his complaint with Lewes Police Chief Thomas Sell in February.

 Lizama, a former D.C. resident who lives in Lewes, has accused Officer Tyrone Woodyard of fabricating the charges against him after throwing him to the floor, causing a head injury during a Jan. 25 incident at Beebe Healthcare, a hospital in Lewes.

 The arrest report prepared by Woodyard says Lizama had been acting in a disorderly manner after he accompanied a female friend to the emergency room who had been experiencing chest pain. Lizama testified at the trial that he was concerned that nurses who admitted and began to treat his friend weren’t being compassionate in their handling of the situation.

 He denied he acted in a threatening or menacing way or that he refused to leave the emergency room when asked to do so by one of the nurses.

 Jaqueline Marshall, the emergency room nurse who participated in the treatment of Lizama’s friend, and hospital security officer Julian Peacock testified that Lizama – while understandably upset that his friend may have been suffering from a heart attack – behaved in such an aggressive and hysterical way that the nursing staff became alarmed and felt threatened.

Marshall, Peacock and Officer Woodyard each testified that Lizama “lunged” at Woodyard while Woodyard and Peacock were escorting Lizama out of the emergency room area to the hospital’s lobby, where they told him he would have to wait while his friend was treated.

 Woodyard told the court he couldn’t immediately determine whether Lizama was armed when Lizama suddenly turned toward him in an aggressive way. He said he decided to “taken him down” on the floor out of concern that Lizama could have harmed the nurses and others walking through the emergency room area.

 Woodyard and Peacock testified that when Woodyard tried to handcuff Lizama after telling him he was under arrest, Lizama resisted the officer’s attempts to place cuffs on one of his hands and struggled with the officer and Peacock on the floor. This prompted another nurse to enter the fray and assist in restraining Lizama, the two testified.

 Lizama testified that he turned toward Woodyard because he was trying to find his way to the entrance to the hospital lobby and in no way was attempting to attack or harm Woodyard. He said he didn’t resist the officer’s attempt to handcuff him but was moving about because he was in pain and was trying to place his hand over his forehead above his eye, which was bleeding after his head struck the floor when Woodyard knocked him down.

 In response to questioning by Lingo, Marshall and Peacock acknowledged that Lizama was admitted to the emergency department for treatment after his arrest. Lingo presented a photo of Lizama as evidence that showed a gash over his eye and pointed to Lizama’s testimony that the injury required a plastic bandage to stop the bleeding,

 Assistant State Attorney General Paul Seward, the lead prosecutor in the case, presented as evidence a video recording taken from the hospital’s security cameras that shows Lizama and his friend enter the hospital’s emergency department. The video footage shows Lizama moving about and raising his arms in what appeared to be an agitated state as he talked to one of the nurses at the admissions desk.

 Beauregard said she based her verdict on what she called “credible and consistent” testimony by Marshall, Peacock and Woodward. She said the three witnesses along with the video recording at the trial convinced her that Lizama’s behavior was, in fact, posing a potential danger to the hospital staff and other visitors and proved he committed the misdemeanor offenses of disorderly conduct, menacing and resisting arrest.

 The judge called Lizama’s testimony at the trial “inconsistent” and “contradictory.”

 “All three of those witnesses thought something bad was going to happen,” she said. “He put the public at risk and he put his friend at risk,” said Beauregard, saying the disturbance Lizama was creating could have interfered with the nurses’ and doctors’ effort to diagnose and treat the friend.

 It was later determined that the friend did not have a heart attack.

 Lizama told the Blade after the trial that he had told Lingo, his attorney, about his belief that Officer Woodyard targeted him because he’s gay. He said he doesn’t know why Lingo didn’t raise that concern during the trial.

 He has acknowledged that he doesn’t recall Woodyard making anti-gay remarks or making a reference to his sexual orientation at the time of the arrest but said he nevertheless got the impression that the officer assumed he’s gay.

 When approached after the trial and asked by the Blade about Lizama’s allegation of anti-gay bias, Officer Woodyard refused to comment, saying he wasn’t authorized to speak to the media.

 “I’m totally shocked,” Lizama said of the judge’s guilty verdict in an interview after the trial.

 He said Lingo suggested he accept a plea bargain offer that Seward made minutes before the start of the trial. Still reeling over the verdict, Lizama said he didn’t remember what the terms of the plea offer consisted of.

 “I told my attorney if I don’t think I’m guilty why would I plead guilty?” said Lizama. “I wholeheartedly didn’t think I was guilty so I said no. I wanted to go with the trial.”

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Virginia

Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address

Gay state senator to take job in Spanberger administration

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Outgoing Virginia state Sen. Adam Ebbin (D-Alexandria) in 2024. (Washington Blade photo by Michael Key)

Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.  

Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.

Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.

His Senate district includes Alexandria and parts of Arlington and Fairfax Counties. 

“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.

“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”

Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”

Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.

In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”

Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.  

“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.

“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”    

He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.

The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.

In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.

Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.

“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”

Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”

“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”

And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”

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District of Columbia

Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement

Gay former corrections officer says harassment, discrimination began in 1993

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Deon Jones (Photo courtesy of the American Civil Liberties Union)

Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.

The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.

A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”

The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:

Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.

Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.

The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.

Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”   

With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.

He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.   

BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?

JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.

And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.

BLADE: Can you tell a little about that and when it will begin?

JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.

BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?

JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.

BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?

JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.

BLADE: How many years have you been working for the Department of Corrections?

JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.

BLADE: Do you have any plans now other than doing the podcast?

JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.

BLADE: So, did you first start your work at the Lorton Prison?

JONES: Yes, I was at the central facility, which was the program institution.

MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.

BLADE: Yes, and that was located in Lorton, Va., is that right?

JONES: Right.

BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?

JONES: Yes. And that closed in 2001.

BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?

JONES: Yes, sir. And next-door is the correctional treatment facility as well.

BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?

JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.

BLADE: What do you mean by flashing?

JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.

BLADE: As best you can recall, where and what year did that happen?

JONES: That was back in 1993 in April of 1993.

BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?

JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.

They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.

BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?

JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.

BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?

JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.

BLADE: Is there any kind of concluding comment you may want to make?

JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.

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Baltimore

‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore

Hit show raises questions about identity, cultural representation

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(Photo courtesy of Crave HBO Max)

By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.

For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.

In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.

The rest of this article can be read on the Baltimore Banner’s website.

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