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Trump’s love affair with Ric Grenell

Gay intelligence chief backs Trump’s claim of Obama malfeasance

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President Donald Trump has a good relationship with acting DNI Richard Grenell. (Photo via Instagram)

Aides to President Trump fall in and out of favor depending on various factors — including whether they bring positive headlines for the administration. One official now riding high is Richard Grenell.

Despite the anti-LGBTQ reputation Trump has built over the course of his presidency, he praised the openly gay Grenell — who now wears two hats as U.S. ambassador to Germany and acting director of national intelligence — during an interview last week on “Fox & Friends.”

“Ric Grenell is doing a fantastic job, an absolutely fantastic job as our No. 1 person on intelligence,” Trump said. “He has been incredible.”

Trump had a frostier relationship with Grenell’s predecessors — including Dan Coats, who publicly criticized Trump after he downplayed Russian interference in the 2016 election during a joint news conference with Vladimir Putin — a contrast Trump referenced in his praise for Grenell.

“It’s too bad the people that were sitting before him — I won’t use names — didn’t do anything,” Trump said. “They didn’t do a thing. It was like they just sat there in the office. ‘Hello, goodbye.’ That would be a meeting. But Ric Grenell is doing a fantastic job, and this country owes a lot to him.”

Much of Trump’s praise was based on Grenell’s recent decision as head of intelligence to make public the transcripts of the closed-door hearing before House Select Committee on Intelligence on Russian interference in the 2016 election.

In conservative circles, it was a big deal. In the aftermath of the Mueller report finding no evidence of collusion between the Trump campaign and Russia, the transcripts depict Rep. Adam Schiff (D-Calif.) in an unfavorable light, aggressively going after Trump administration officials, who all denied collusion with Russia before the committee.

That’s a different story than the other side tells of a fearless Schiff defying the wrath of Trump and his supporters by getting to the truth about the 2016 election and holding the administration accountable.

Conservatives also seized on a quote from former Deputy Attorney General Sally Yates indicating President Obama was aware of the FBI’s interview with Michael Flynn, which they say is evidence of wrongdoing. Trump accused Obama of committing the “biggest political crime in American history,” although Trump himself has been unable to articulate any particular crime Obama allegedly committed.

Grenell is backing up Trump. On Tuesday, ABC News reported Grenell has declassified and delivered to the Justice Department a list of former Obama administration officials who were allegedly involved “in the so-called ‘unmasking’ of former national security adviser Michael Flynn in his conversations with the former Russian ambassador during the presidential transition.”

In a significant way, Grenell is having an influence on the Trump administration’s communications strategy as the administration is assailed for its response to COVID-19 and Trump vies for re-election. That’s coming from a person who’s a member of the LGBTQ community.

Grenell came into the position of acting director of national intelligence in February, while retaining his job as U.S. ambassador to Germany.

Trump never sought Senate confirmation for Grenell as director of national intelligence and kept him in an “acting” role. Even top Republicans, such as Sen. Susan Collins (R-Maine), have cautioned he lacks the requisite experience for the job. Grenell has said his role is temporary and he expects to step down after the Senate confirms John Ratcliffe as director of national intelligence.

But the relationship between Trump and Grenell goes back further than his appointment as acting director of national intelligence. A Trump loyalist in practice and policy, Grenell as ambassador to Germany publicly browbeat U.S. allies to spend more on defense and meet their NATO obligations to spend at least two percent of GDP on the military.

The spending has markedly increased. Starting in 2021, Germany will increase its contribution to the NATO budget by $36 million to match the U.S. contribution, according to foreign press reports.

Previously, Grenell’s name was floated for potential appointments by Trump to high-level roles, including national security adviser and secretary of state. A look at Grenell’s Instagram account reveals images of Trump as well as a picture of him with Trump during a recent trip to Berlin.

One gay D.C.-based national security expert, who has known Grenell for years and spoke on condition of anonymity for greater candor, said the consensus is the relationship between Trump and Grenell is good and the two have “talked tons” since Grenell took on the new role.

“The combination of Ric just lowering the decibel level on Biden/Ukraine and other matters and just keeping a low profile for most part gave Trump some cover on his back side while dealing with the COVID crisis,” the expert said.

Grenell’s influence can be seen early on after his appointment as acting director of national intelligence. Shortly after media reports emerged Russia is once again seeking to meddle in the 2016 election to support Trump, Trump indicated Joseph Maguire would step down from his role as director of intelligence and Grenell would assume the role. Reports subsequently emerged that the depiction of Russia’s meddling in the 2020 election was overblown.

In his new job, Grenell has tangled with Schiff, who has voiced objections to Grenell’s restructuring of intelligence agencies. In a recent letter, Schiff said he was making changes without congressional consent “in a manner that undermines critical intelligence functions.” Grenell took Schiff to task on Twitter for alerting the media to the letter before transmitting it (such practice is common for House members).

One recent change Grenell has made is the creation of an intelligence community “cyber executive,” which will oversee four consolidated, previously separate ODNI organizations focused on cybersecurity. Other changes are closing out the directorate of national security partnerships and establishing a DNI adviser for military affairs. Grenell on Twitter said “more changes to come” and “reforms should have been done before I arrived.”

Much like Trump, Grenell also has a combative relationship with the media — and the LGBTQ media is no exception. Grenell didn’t respond to a request for comment for this article, and his influence seems so extensive that neither did gay conservatives in his circles. Even Log Cabin Republicans, where Grenell formerly served as a board member, declined to comment for this article.

White House Deputy Press Secretary Judd Deere, however, confirmed to the Washington Blade via email Trump’s relationship with Grenell is strong.

“As the president has said before, he and Ambassador Grenell have a good relationship built on mutual trust – a trust that has only grown as the ambassador has delivered results,” Deere said. “The president has enormous confidence in Ambassador Grenell to tackle any challenge put in front of him, including keeping the American people safe as the acting DNI, and is grateful for his service to the administration and the American people.”

Faced with accusations the Trump administration is anti-LGBTQ, Republicans have pointed to the appointment of Grenell as evidence to the contrary. After all, as a Cabinet member, even though he’s serving in an acting capacity, Grenell is arguably the highest-ranking openly gay presidential appointee in U.S. history.

Democrats have responded that one openly gay appointment does not a pro-LGBTQ administration make, especially compared to the transgender military ban, judicial confirmations with histories of anti-LGBTQ views, religious freedom carve-outs to LGBTQ regulations and arguing before the U.S. Supreme Court that LGBTQ people don’t have non-discrimination protections under federal law.

Ned Price, a gay appointee to the National Security Council in the Obama White House and now director of policy and communications for National Security Action, had a decidedly different take on Grenell than Trump.

“The most generous thing I can say is that Grenell is doing the job Trump set out for him, but that’s not the job of acting DNI,” Price said. “What Trump wanted was a loyalist atop the intelligence community who could do his bidding rather than the nation’s bidding. In this case, that includes weaponizing national security information — as with the declassification of the Flynn-related records — for Trump to use for his own political ends as well as keeping a lid on intelligence assessments that portray the president and his foreign policy in an unfavorable light.”

But Grenell’s mark on LGBTQ rights isn’t limited to being an openly gay presidential appointee. As ambassador to Germany, Grenell has spearheaded a global initiative to decriminalize homosexuality in the more than 70 countries where it remains illegal. Trump himself brought up the initiative, even explicitly mentioning the LGBTQ community, during an address last year before the United Nations.

Critics have said the initiative has achieved little or nothing since Grenell launched it last year, but Grenell appears to have brought the project with him to his role as acting director of national intelligence. Last week, Grenell tweeted he spoke with an influential Lebanese Shiite leader who’s close to coming out publicly in support of Lebanon decriminalizing homosexuality.

As reported by the New York Times, Grenell has also launched an intelligence community working group to identify ideas to advance the project, which could include sharing less intelligence with countries that still have anti-gay laws. At the same time, Grenell has distributed a memo declaring his time as director is short, but he expects intelligence agencies to adopt policies prohibiting LGBTQ discrimination and harassment.

Mark Bromley, chair of the international LGBTQ group Council for Global Equality, was skeptical about the change reportedly under consideration with Grenell, crediting the Obama administration for being first to champion LGBTQ human rights across the globe.

“It’s very hard to believe that the U.S. would curb its intelligence sharing efforts with repressive countries like Saudi Arabia or Egypt over their virulently anti-LGBTI policies,” Bromley said. “I just don’t believe this story makes a lot of sense. But we appreciate that our foreign affairs agencies continue to promote decriminalization as a strategic U.S. foreign policy objective as first outlined in President Obama’s groundbreaking 2011 Presidential Directive.”

One question remains: When Ratcliffe is confirmed as director of national intelligence, what role will Grenell assume? He has indicated he would step down from the administration in any capacity once as new director is in the job.

The White House is keeping quiet about any new role. Deere said he “won’t get ahead of any announcements on that.”

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Mixed reviews from transgender Republicans on Caitlyn Jenner’s run

Remarks on kids in sport a sore point among LGBTQ advocacy groups

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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.

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100th anniversary celebration of Dupont Circle fountain set for May 17

GWU student creates tribute video

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Dupont Circle Fountain, Russian news agency, gay news, Washington Blade
The iconic Dupont Circle fountain turns 100 this month. (Washington Blade file photo by Michael Key)

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.

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Trans woman sues D.C. Jail for placing her in men’s unit

Lawsuit charges city with exposing inmates to ‘risk of sexual violence’

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Sunday Hinton (Photo courtesy of the American Civil Liberties Union of D.C.)

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.”

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