Six candidates running for seats on the D.C. Council and at least two candidates running for mayor in the city’s June 19 primary have said they support a bill introduced last year by Council member David Grosso (I-At-Large) to decriminalize prostitution involving consenting adults.
Mayor Muriel Bowser and four members of the D.C. Council who are running for re-election said they are either undecided or did not state a definitive position on the Grosso bill, although each said they are sympathetic to the plight of sex workers and favor programs to offer them social services.
The four Council members in the undecided or uncommitted category include Brianne Nadeau (D-Ward 1), Mary Cheh (D-Ward 3), Kenyan McDuffie (D-Ward 5), and Charles Allen (D-Ward 6).
A total of 16 out of 26 candidates running in the June 19 primary stated their positions on the Grosso bill and the issue of decriminalization of sex work in their responses to a questionnaire on a wide range of issues sent to all candidates by the Gay and Lesbian Activists Alliance.
Ten of the 26 candidates running in the primary did not return the GLAA questionnaire and their position on decriminalization couldn’t immediately be determined. None of the 10 who didn’t return the questionnaire are incumbents and nearly all are lesser known candidates who political observers say are not expected to win their races for Council or mayor.
D.C. Council Chair Phil Mendelson (D-At-Large), long-shot mayoral candidate James Butler (D), and Ward 1 Council candidate and former D.C. Superior Court Judge Lori Parker (D) were the only candidates responding to the questionnaire that unequivocally said that they oppose Grosso’s decriminalization bill.
Among the eight candidates expressing unequivocal support for the Grosso bill were Council member Anita Bonds (D-At-Large) and Ward 1 Council candidate Kent Boese (D), who’s gay.
Gay Libertarian Party activist Martin Moulton, who’s running for mayor, stated in his questionnaire response that he favors the full legalization of adult sex work. He also called for expunging the arrest records of all non-violent adult sex workers and customers while committing to “vigorously and thoroughly” prosecuting all forms of child and adult sex trafficking.
“Only by legalizing sex work will private peaceful/non-violent/regulated business owners and entrepreneurs be free to create humane, safe and sanitary spaces for adult sex work,” Moulton stated in his questionnaire response.
Longtime community activist Ed Lazere (D), who’s running against Mendelson in the primary, also expressed support for the Grosso bill.
“We should not jail people who have turned to sex work, especially because discrimination and exclusion have prevented many from supporting themselves in the formal economy,” he said.
GLAA is among several local LGBT and progressive organizations that joined forces to create the Sex Worker Advocates Coalition to lobby for passage of the Grosso bill, called the Reducing Criminalization to Improve Community Safety and Health Amendment Act of 2017.
GLAA President Guillaume Bagal, who works as a health care advocate for D.C.’s Whitman-Walker Health, said the current criminalization of sex work has had an adverse impact on some segments of the LGBT community.
“GLAA has opposed criminalization of sex work for many years now, with the understanding that these laws disproportionately impact groups that are already facing discrimination, especially people of color, gay and trans people, immigrants, and people with criminal convictions,” Bagal said at the time Grosso introduced his bill last October.
The Grosso bill would repeal all current D.C. laws that call for criminal penalties for commercial sex engaged in by consenting adults. It would cover sex workers and their customers. Grosso and the bill’s supporters say the legislation “absolutely” would leave in place all laws that make it illegal to engage in human trafficking or to force or coerce someone to engage in prostitution against their will.
In her response to the questionnaire, Bowser did not give a definitive answer to GLAA’s question to mayoral candidates on whether she would sign or veto the Grosso bill if it were approved by the Council.
“The issue of commercial sex, sex trafficking, and prostitution in general is highly complicated, generates a lot of emotional responses, and requires careful consideration,” Bowser stated in her response to the questionnaire.
“While the bill to decriminalize prostitution has not been scheduled for a Council hearing, I would support alternatives to incarceration for individuals arrested for soliciting or engaging in sex work,” she said. “Several other cities have created arrest diversion programs for sex workers that focus on their personal needs, such as housing, mental and behavioral health, treatments, addiction services, and stable employment,” Bowser said.
“These are options that merit consideration for the District,” she continued, adding, “But we must ensure a citywide conversation that engages sex workers, advocates, health experts, human trafficking experts, and our residents.”
She concluded by saying the city must continue to identify and prosecute anyone engaged in human trafficking or forcing individuals, especially minors, to engage in sex work without their consent.
In his questionnaire response opposing the Grosso bill’s provision calling for decriminalization of sex work, Mendelson points out that under his leadership the Council previously has significantly decreased the penalty for the first-time arrest of sex workers. Mendelson said, “there is a great deal of collateral crime associated with commercial sex work,” adding, “Now is not the time” for full decriminalization.
He said he does support a provision in the Grosso bill that would create a task force to study ways to address the city’s response to commercial sex work with the aim of improving the lives of sex workers.
Ward 1 Council member Nadeau, who’s being challenged by Boese, said that while she supports decriminalization for sex workers she wants it to remain illegal to be a sex worker’s customer, a position that raised concern among sex worker advocates.
“I support decriminalizing sex work, and I believe I will support this bill,” she said in her response to the GLAA questionnaire. “I just need to ensure that it does not inadvertently make it harder to identify and prosecute the actual criminals – the Johns and Pimps,” she said. “There must be a mechanism to gather information about them through the testimony of sex workers themselves,” she added.
“I’ll work with my colleagues to ensure this legislation moves forward with all those things in consideration so we can prioritize the support of this vulnerable population while also creating a mechanism for targeting actual criminals,” she concluded.
Cyndee Clay, executive director of the local sex worker advocacy group HIPS, said HIPS and other groups advocating for the Grosso bill would not support an effort to change the bill to retain criminalization for the customers of sex workers.
Clay said HIPS and other members of the Sex worker Advocates Coalition who helped Grosso draft his bill specifically did not “suggest that we decriminalize the selling side of prostitution and still criminalize the buying side.” Doing that would harm rather than help sex workers, she said.
“It doesn’t increase safety for them. It doesn’t reduce stigma. It creates very problematic relationships between them and their clients who are not violent or abusive.”
Added Clay, “We still firmly believe there are laws that are on the books that can help stop exploitation, that can help stop coercion, and we should use those laws as opposed to going after a consensual sexual exchange among adults.”
In addition to Bonds, two other candidates competing for her at-large Council seat expressed support on the GLAA questionnaire for the Grosso bill. They are Democrat Jeremiah Lowery and Statehood-Green Party candidate David Schwartzman.
Also expressing support for the bill is Democratic mayoral contender Earnest Johnson and Ward 6 Democratic candidate Lisa Hunter, who is challenging Allen for the Ward 6 Council seat in the primary.
“Unlike my opponent, I fully support the Reducing Criminalization to Improve Community Health and Safety Amendment Act of 2017,” Hunter said in her questionnaire response. “It is long past time that we remove criminal penalties for engaging in commercial sex, and let sex workers control their own financial regulations and choices,” she said.
Allen chairs the Council committee that must approve the Grosso bill before it can come before the full Council.
“I support the decriminalization of commercial sex work and I believe that the District should begin community conversations about the impact of the criminalization of commercial sex work on District residents, and particularly LGBTQ residents and residents of color,” Allen said in his questionnaire response.
Allen said he has concerns about some of the provisions in the Grosso bill, including concerns he said have been raised “within the sex work and anti-trafficking communities about some of its provisions having unintended and negative consequences.” He did not elaborate on what those consequences would be.
But he added, “I think there should be further conversations around the bill’s proposals to decriminalize the solicitation of sex, pandering, and brothel operations, and the effect decriminalization might have on survivors of sex trafficking and on sex workers.”
Bagal, the GLAA president, said he had mixed reactions to the candidates’ responses to the group’s questionnaire pertaining to the Grosso bill.
“I was pleased to see that many were open to sex work law reforms, but still disappointed at the conflation of sex work and trafficking displayed in many responses, and the lack of urgency in addressing the criminalization of individuals doing what they can to survive,” Bagal told the Blade.
D.C. police statistics related to prostitution related arrests in the city show that sex trafficking associated with minors or adults is rare. The police data show that out of a total of 2,685 prostitution related arrests made in a five-year period in D.C. between 2013 and 2017, only eight were linked to sex trafficking of any kind.
The full responses of all the candidates that returned the GLAA questionnaire on the issue of decriminalization of sex work can be viewed on the group’s election project page at glaa.org.
Mixed reviews from transgender Republicans on Caitlyn Jenner’s run
Remarks on kids in sport a sore point among LGBTQ advocacy groups
Caitlyn Jenner was quickly repudiated by LGBTQ advocates after she entered California’s recall election as a gubernatorial candidate — and her fellow transgender Republicans are mixed over whether or not to back her up.
Transgender Republicans are few in number, but some are in high-profile positions and have been working with their party to change its approach and drop its attacks on transgender people, whether it be in the military, public bathrooms, or school sports.
Jordan Evans, a Charlton, Mass.-based transgender Republican who unsuccessfully last year ran to become a Massachusetts Republican State Committee Woman, told the Washington Blade she had high hopes for Jenner as a fellow transgender candidate, but they were quickly dashed after her campaign launched.
“My feelings changed quickly after Caitlyn made it clear that she was less interested in using this opportunity to present the Republican Party and conservative movements with an accessible and high-profile introduction to the trans community and simply wanted to be a trans woman who espoused the same destructive approaches that we just so happen to be seeing all over the country,” Evans said.
Evans said the high hopes she had were based on the transgender advocacy she said Jenner was doing behind the scenes and the potential for two prominent LGBTQ Republicans to run for governor in California. After all, Jenner may soon be joined in the race by Richard Grenell, who was U.S. ambassador to Germany and acting director of national intelligence before becoming the face of LGBTQ outreach for Trump’s failed re-election.
But Jenner’s approach to the gubernatorial recall in California, Evans said, is “putting trans youth at risk for a campaign that isn’t even transformative for Republicans during this volatile time.”
“Even her current messaging is superficial and does nothing to help dispel claims that she’s unqualified,” Evans said. “The only positive thing that I’ve seen come from this is conservative mainstream media using her correct pronouns, but that is not worth the damage that she’s inflicting.”
Much of the disappointment over Jenner’s campaign is the result of her essentially throwing transgender kids under the bus as part of her campaign at a time when state legislatures are advancing legislation against them, including the bills that would essentially bar transgender girls from participating in school sports.
Jenner, declining to push back on these measures and assert transgender kids have a place in sports, instead essentially endorsed the bills shortly after she announced her candidacy.
“If you’re born as a biological boy, you shouldn’t be allowed to compete in girls’ sports,” Jenner told TMZ, which asked her about the hot-button issue during a Sunday morning coffee run.
Jenner dug deeper into MAGA-world at the expense of solidarity with the transgender community. Last week, Jenner retweeted Jenna Ellis, who has a notoriously anti-LGBTQ background and was criticized just last year for refusing to use the personal pronouns of Rachel Levine, who’s now assistant secretary of health and the first openly transgender presidential appointee to win Senate confirmation.
Jennifer Williams, a New Jersey-based transgender Republican who unsuccessfully ran for a seat in the New Jersey General Assembly last year, said via email Jenner “did much good for several years by educating millions of people around the world about transgender folks,” but won’t countenance the candidate’s remarks on transgender kids in sports.
“In regard to her current run for California governor, her recent comments regarding transgender youth playing sports are confusing,” Williams said. “Just last year, she said that she supported transgender female athletes. Caitlyn should consult with tennis great Billie Jean King, soccer star Megan Rapinoe or WNBA legend Candace Parker on the subject of transgender athletes in women’s sports, as they are very well versed on the matter.”
At a time when state legislatures are pushing through legislation targeting transgender youth, restricting their access to sports and transition-related care, Jenner’s refusal to repudiate those measures has become a focal point for opposition to her candidacy from LGBTQ advocacy groups, who say she’s “out of touch” (although none were supporting her even before she made those comments).
The LGBTQ Victory Fund, which supports LGBTQ political candidates and public officials, has signaled it wants nothing to do with Jenner.
Sean Meloy, vice president of political programs for LGBTQ Victory Fund, said Jenner hasn’t applied for an endorsement from the Victory Fund “and she shouldn’t bother to.”
“Her opposition to full trans inclusion – particularly for trans kids in sports – makes her ineligible for the endorsement,” Meloy said. “There are many great trans candidates running this cycle who are champions for equality.”
To be sure, Jenner used her celebrity status as a former reality TV star and Olympic champion on behalf of transgender lobbyists, urging donations to groups like the National Center for Transgender Equality and going to Capitol Hill to lobby Republicans on transgender issues. Jenner has also given money for transgender kids to attend college, giving transgender advocate Blossom Brown a check for $20,000 on “The Ellen Show” in 2015.
Blaire White, a transgender conservative and YouTube personality, drew on these examples of Jenner helping transgender youth in a video earlier this month and said the two once had dinner together, but wasn’t yet ready to make a endorsement.
“I will say that until she lays out all of her policy positions and until she’s more on record in long form really talking about what she wants to do for the state of California, I can’t say for sure I would vote for her and would not vote for her,” White concluded in the video. “What I can say is: I’m interested. And also, being under Gavin Newson’s governorship, I would literally vote for a triple-amputee frog over Gavin Newsom, so she already has that going for her.”
Jenner’s campaign couldn’t be reached for comment for this article on the repudiation of her campaign from LGBTQ advocacy groups.
Gina Roberts, who’s the first transgender Republican elected to public office in California and a member of the San Diego GOP Central Committee, said she’s neutral for the time being as an elected Republican Party leader, but nonetheless had good things to say about Jenner’s candidacy.
“I think it’s awesome,” Roberts said. “It’s kind of indicative of how cool the Republican Party in California is because nobody really cares or it makes any difference. I mean, I was the first elected GOP transgender person in California and I think we’re ready for No. 2.”
Asked whether Jenner’s comments about allowing transgender kids in sports was troubling, Roberts said that wasn’t the case because she has her own reservations.
“I have pretty much the same opinion because … there’s so many nuances in that,” Roberts said. “If somebody transitions after they’ve gone through puberty, there is a big difference, especially in high school. If they transition beforehand, it’s not a big deal.”
A gun enthusiast and supporter of gun owner’s rights, Roberts said she competes in women’s events in shooting sports, but there’s a difference because she doesn’t “really have any advantages all those young, small ladies can pull a lot faster than I do and shoot faster than I do.”
Roberts concluded she’ll personally make a decision about whom she’ll support in the California recall election after Grenell announces whether or not he’ll enter the race, but can’t say anything until the San Diego GOP Central Committee issues an endorsement.
“He’s a good friend of mine, too,” Roberts said. “I know both of them. I think they’d both be certainly better than Gavin Newsom, I have to stay neutral until the county party decides who they’re going to endorse. I will support somebody or another in the endorsement process, but I can’t publicly announce it.”
Although LGBTQ groups want nothing to do with her campaign, Jenner’s approach has garnered the attention of prominent conservatives, who are taking her seriously as a candidate. One of Jenner’s first interviews was on Fox News’ Sean Hannity, a Trump ally with considerable sway among his viewers. Hannity was able to find common ground with Jenner, including agreement on seeing California wildfires as a problem with forest management as opposed to climate change.
Kayleigh McEnany, who served as White House press secretary in Trump’s final year in the White House and defended in the media his efforts to challenge his 2020 election loss in court, signaled her openness to Jenner’s candidacy after the Hannity interview.
“I really enjoyed watching @Caitlyn_Jenner’s interview with @seanhannity,” McEnany tweeted. “I found Caitlyn to be well-informed, sincere, and laser-focused on undoing the socialist, radical, a-scientific policies of Biden & the left. Very good.”
In theory, that support combined with Jenner’s visibility might be enough to propel Jenner to victory. In the recall election, California will answer two questions, whether California Gov. Gavin Newsom should be recalled, and if so, which candidate should replace him. The contender with the plurality of votes would win the election, even if that’s less than a majority vote, and become the next governor. There isn’t a run-off if no candidate fails to obtain a majority.
With Jenner’s name recognition as a celebrity, that achievement could be in her reach. After all, Arnold Schwarzenegger won the 2004 recall election in California as a Republican based on his celebrity status, and ended up becoming a popular governor.
But the modest inroads Jenner has made with the acceptance of conservatives and potential to win isn’t enough for other transgender Republicans.
Evans, for example, said Jenner’s candidacy is not only a disappointment, but threatening the potential candidacies of transgender hopefuls in the future.
“It’s difficult to be in electoral politics, and that’s even more true when you’re a member of a marginalized community,” Evans said. “Caitlyn’s behavior is making it even more challenging for the trans community to be visible in a field where we desperately need to be seen. She’s casting a tall shadow on our ability to have a voice and is giving credibility to lawmakers and local leaders simply unwilling to view us with decency and respect.”
Williams said Jenner should avoid talking about transgender issues over the course of her gubernatorial run “and instead focus on the hard, critical policy issues facing California.”
“It is a state in crisis and she has to run a very serious campaign and not rely on her celebrity or LGBTQ status to win over voters’ hearts and minds — just like all other LGBTQ candidates around the country need to do when they run for public office,” Williams said.
100th anniversary celebration of Dupont Circle fountain set for May 17
GWU student creates tribute video
LGBTQ residents and longtime visitors to D.C.’s Dupont Circle neighborhood are expected to be among the participants in the 100th anniversary celebration of the installation of the Dupont Circle fountain scheduled to be held at the circle on Monday, May 17.
Aaron DeNu, president of Dupont Festival, a nonprofit arts and cultural programming group that’s organizing the celebration, says it will take place from noon to at least sunset inside Dupont Circle.
The celebration will take place one week after the May 10 release of a YouTube video, “How Dupont Circle Evolved as a Hub for LGBTQ+ Life in the District,” produced by George Washington University student Dante Schulz. Schulz is the video editor for the G.W. student newspaper The Hatchet.
Among those appearing in the documentary video are veteran LGBTQ rights activists Deacon Maccubbin and his husband Jim Bennett, who owned and operated the Dupont Circle LGBTQ bookstore Lambda Rising beginning in the 1970s, which is credited with contributing to Dupont Circle’s reputation as the epicenter of D.C.’s LGBTQ community for many years.
Also appearing in the video is longtime D.C. gay activist and Dupont Circle area resident Craig Howell, a former president of the Gay and Lesbian Activists Alliance.
“At this point in time due to COVID restrictions we’re not going to be doing any particular formal gathering of folks,” DeNu told the Washington Blade in describing the May 17 celebration. “But we’ll have a soundtrack that’s playing throughout the day from that original ceremony – the same songs they used in the original dedication a hundred years ago,” he said.
DeNu said the event will also feature “historic imagery” related to Dupont Circle and the people who have gathered there over the years.
“So, we’re really just inviting people to come and have lunch, stop by the park after work, and just stop and reflect on 100 years of Dupont Circle fountain, take a look at the imagery and see some old friends and hopefully stop by and see the Dupont businesses that are around the area,” DeNu said.
The LGBTQ video produced by Dante Schultz can be accessed here.
Trans woman sues D.C. Jail for placing her in men’s unit
Lawsuit charges city with exposing inmates to ‘risk of sexual violence’
The American Civil Liberties Union of D.C. and the D.C. Public Defender Service filed a class action lawsuit on May 11 on behalf of a transgender woman being held in the D.C. Jail on grounds that the city violated its own Human Rights Act and the woman’s constitutional rights by placing her in the men’s housing facility at the jail.
The lawsuit charges that D.C. Department of Corrections officials violated local and federal law by placing D.C. resident Sunday Hinton in the men’s unit at the D.C. Jail against her wishes without following a longstanding DOC policy of bringing the decision of where she should be placed before the DOC’s Transgender Housing Committee.
The committee, which includes members of the public, including transgender members, makes recommendations on whether a transgender inmate should be placed in either the men’s or the women’s housing unit based on their gender identity along with other considerations, including whether a trans inmate’s safety could be at risk. Under the policy, DOC officials must give strong consideration to the recommendations of the committee.
The lawsuit, which was filed in U.S. District Court for the District of Columbia, says the committee has not met or acted on any trans-related jail housing matter since January 2020.
It says Hinton was taken to the D.C. Jail on April 26 after a judge ordered her held following an arrest for an alleged unarmed burglary in which she attempted to take $20.
It notes that the Department of Corrections has a “default” policy of placing transgender inmates in either the male or female housing unit at the D.C. Jail and other city detention holding facilities based on the inmate’s “anatomy.” If a female transgender inmate is anatomically male, the inmate – barring other mitigating circumstances – is placed in the male housing facility under the default policy. Similarly, a male transgender inmate who is anatomically female is placed by default in the women’s housing unit under the DOC policy.
“DOC’s policy of focusing on anatomy rather than gender identity is both discriminatory and dangerous,” the ACLU says in a statement released on the day it filed the lawsuit on Hinton’s behalf. “It forces trans individuals, particularly trans women, to choose between a heightened risk of sexual violence and a near-certain mental health crisis,” ACLU attorney Megan Yan said in the statement.
Yan was referring to yet another DOC policy that sometimes gives a transgender inmate placed in a housing unit contrary to their gender identity the option of being placed in “protective custody,” which the lawsuit calls another name for solitary confinement. The ACLU and the Public Defender Service have said solitary confinement in prisons is known to result in serious psychological harm to inmates placed in such confinement.
“Because DOC’s unconstitutional policy exposes every transgender individual in its custody to discrimination, degradation, and risk of sexual violence, Ms. Hinton seeks, on behalf of a class of similarly situated individuals, a court order that strikes down DOC’s unlawful focus on anatomy as the touchstone for its housing decisions regarding transgender individuals,” the lawsuit states.
It further calls on the DOC to use “gender identity, not anatomy, as the default basis for housing assignments” for transgender inmates and to provide all trans individuals a prompt hearing by the DOC Transgender Housing Committee.
It calls for the DOC to be required to implement the recommendations of the Housing Committee “so that each person is housed as safely as possible and without discrimination.”
In addition to the lawsuit, Hinton’s attorneys filed an application for a temporary restraining order to immediately require the DOC to transfer Hinton to the D.C. Jail’s women’s housing facility. The attorneys also filed a motion for a preliminary injunction to stop the DOC from using a transgender person’s anatomy as the default or sole criteria in making housing assignments at the jail.
In response to a request from the Washington Blade, DOC spokesperson Dr. Keena Blackmon sent the Blade a DOC statement responding to the lawsuit.
“The Department of Corrections is dedicated to the safety and security of all residents in its care and custody,” the statement says. “DOC is committed to following its policies and procedures relating to housing transgender residents,” it says. “Ms. Hinton recently arrived in DOC custody and, per the agency’s COVID-19 protocols, was placed into single-occupancy quarantine for 14 days.”
The statement adds, “Once that quarantine ends, Ms. Hinton will go before the Transgender Housing Committee to determine her housing based on safety needs, housing availability, and gender identity. D.C. DOC is sensitive to Ms. Hinton’s concerns and will continue to ensure that its residents’ needs are met.”
DOC spokesperson Blackmon didn’t immediately respond to a follow-up question from the Blade asking why the Transgender Housing Committee has not met for over a year, which the ACLU has said resulted in all transgender female inmates being placed in the male housing facility.
Blackmon also couldn’t immediately be reached for a second follow-up question asking for DOC’s response to the lawsuit’s claim that DOC officials told Hinton’s lawyers that she was being placed in the men’s housing facility because she was anatomically male.
The lawsuit says the DOC default policy of placing Hinton in the jail’s male housing unit violates the D.C. Human Rights Act, which bans discrimination based on gender identity. The act has been interpreted to mean private businesses or the city government cannot prevent a transgender person from using facilities such as bathrooms or locker rooms that are in accordance with their gender identity.
D.C. Superior Court records show that Hinton has been arrested a total of 24 times in D.C. between 2006 and 2018. All except three of those arrests are listed as misdemeanor offenses, with just three listed as alleged felony offenses. One of the arrests is listed as a traffic offense.
In nearly all of the prior arrests, the court records identify Hinton by her birth first name, with her last name of Hinton used in all of the arrest records.
The burglary offense for which Hinton was charged on April 26 of this year and for which she is currently being held the D.C. Jail would normally not result in a defendant being held in jail while awaiting trial. The fact that Hinton is being held rather than released pending trial suggests her prior arrest record may have prompted a judge to order her incarceration.
ACLU attorney Yan, who is among the attorneys representing Hinton in the lawsuit, said Hinton’s prior arrest record should not be a factor in the lawsuit.
“We don’t think any of the underlying things are relevant to her claim in this lawsuit, which is based on her identity and the fact that her constitutional and statutory rights to be free from discrimination are being violated,” Yan said. “At the end of the day, Sunday is a transgender woman and she’s a woman and she deserves to be held according to her gender identity as she desires.”
Mixed reviews from transgender Republicans on Caitlyn Jenner’s run
100th anniversary celebration of Dupont Circle fountain set for May 17
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