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Black transgender youth protest treatment at Baltimore jail

BMORE BLXCK hosted Saturday rally

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Josiah Damore participates in a rally against mistreatment of transgender inmates at the Baltimore Central Booking and Intake Center that took place outside Baltimore City Hall on Nov. 13, 2021. (Washington Blade photo by Philip Van Slooten)

Maryland LGBTQ rights groups, most of them led by Black transgender youth, rallied in front of Baltimore City Hall on Saturday to protest trans inmates’ complaints of harassment and violence at a state-run correctional facility in Baltimore.

BMORE BLXCK, a Black LGBTQ organization, hosted the event, which was co-organized by FreeState Justice and supported by members of Baltimore Safe Haven. The groups rallied in response to trans detainees’ complaints about harassment and unsafe housing assignments in the Baltimore Central Booking and Intake Center.

“We are here today because we need Baltimore officials to listen to us and hear the fact that we’re dying,” said BMORE BLXCK Co-founder and Executive Director Legacy Forte, who identifies as Black trans woman.

BMORE BLXCK Co-founder and Executive Director Legacy Forte participates in a rally against mistreatment of transgender inmates at the Baltimore Central Booking and Intake Center that took place outside Baltimore City Hall on Nov. 13, 2021. (Washington Blade photo by Philip Van Slooten)

Activists at Saturday’s rally also chanted the name of Kim Wirtz, a 43-year-old trans woman who died after being found unconscious in the Baltimore facility in February.

The Human Rights Campaign says 2021 has been the deadliest year for the trans community since it began tracking in 2013. The National Center for Transgender Equality also found prisons are particularly dangerous for trans women, who often aren’t housed according to their gender identity.

“When a trans individual is detained, they need to be put into the facility that they identify as,” Forte said. “If a trans woman is incarcerated, she needs to be placed into the woman’s facility for her safety.”

Maryland Department of Public Safety and Correctional Services spokesperson Mark Vernarelli told the Baltimore Sun in October after Kazzy Davis, an 18-year-old trans person, complained about the Baltimore intake facility, that the agency “takes very seriously the preservation of each detainee and inmate’s dignity” and safety. Former inmates with recent experiences at the facility, however, told the Washington Blade that serious problems persist.

Nicole Wells, a trans woman who identifies as both white and Latina, is a case manager with Baltimore Safe Haven.

She described the harassment and misgendering she faced while held at the facility. Despite having an identification with her current name and gender marker, Wells was housed in a male unit, an experience that she still finds traumatic.

“It was terrible,” Wells said. “The staff misgendered me and placed me with the males. They did not put me in protective custody and I was assaulted by one of the inmates.”

Others spoke of similar experiences, including Devine Bey, a Black trans woman who was housed in the male unit, and Josiah Damore, a Black trans man who was housed in the women’s unit. Both reported that staff misgendered them, as well as difficulties receiving their hormone treatments and other forms of abuse.

Devine Bey participates in a rally against mistreatment of transgender inmates at the Baltimore Central Booking and Intake Center that took place outside Baltimore City Hall on Nov. 13, 2021. (Washington Blade photo by Philip Van Slooten)

The Blade reached out to the Maryland Department of Public Safety and Correctional Services for comment, but did not receive a response prior to publication.

It’s Medical Evaluations Manual states correctional facilities will provide medical services, including hormones, for trans detainees. The manual details the medical intake process itself, which includes a review of documents as well as a physical examination of the inmate.

The manual also notes trans women being at “greater risk of sexual violence by other male inmates if they are not placed in protective custody,” but surgical transitioning is used as a basis for gender-affirming housing assignments.

“Incomplete surgical gender reassignment require that the patient be classified according to his or her birth sex for purposes of prison housing, regardless of how long they have lived their life as a member of the opposite gender,” the medical intake policy states.

“These patients are usually offered protective custody,” it adds, but former inmates who spoke with the Blade said this is not always the case despite their safety concerns.

Unfortunately, these incidents in Baltimore are not isolated.

The 2015 U.S. Transgender Survey found trans people were 10 times as likely to be sexually assaulted by their fellow inmates and five times as likely to be sexually assaulted by staff compared to other inmates. Trans prisoners also reported other challenges including denial of medical care and lengthy stays in solitary confinement.

National Center for Transgender Equality Executive Director Rodrigo Heng-Lehtinen told the Blade that U.S. correctional facilities are dangerous for anyone but being trans makes individuals “particularly vulnerable to attack.”

“Just like with policing, the jail and prison system needs sweeping reforms before trans people can be safe,” Heng-Lehtinen said. “At a minimum they need to be housed how they identify. Often they are placed in a facility based on a strip search in a disrespectful attempt to determine gender and place the person in a facility based on anatomical judgements.”

FreeState Justice Executive Director Jeremy LaMaster told the Blade his organization became involved with complaints surrounding the Baltimore booking center after Baltimore Safe Haven came to them with concerns about the facility.

He said FreeState Justice is looking into the complaints, but is also working with legislators to address a much needed policy update.

“We’re looking into adding a reporting requirement and a timeline for reporting incidents, so families are aware of what is going on,” he said. “We’re also looking at the creation of some type of liaison position or community advisory board to ensure there is conversation about the unique needs of people who are trans or in the LGBTQ community while incarcerated.”

State Sen. Clarence Lam (D-Baltimore County), who chairs the Maryland Senate’s Joint Committee on Fair Practices and State Personnel Oversight, told the Blade he was not aware of issues at the state-run facility, but felt there should be “proper oversight and safeguards in place to make sure the safety and rights of all individuals at the facility are protected and appropriate procedures are followed.”

He added the Maryland Division of Corrections first needs an opportunity to address the issue and ensure they are properly following the policies they have in place for trans detainees before the state gets involved.

Sgt. Kevin Bailey, the LGBTQ Liaison for the Baltimore Police Department, said although he couldn’t speak about how a state-run facility, which is managed separate from the city, operates, he did say there are benefits to having help from the community navigate these stressful interactions.

Speaking from his experience in the Baltimore Police Department, he said community and bias training can help each side understand the history and biases underlying and straining interactions.

“So, as a police department we deal with legal documents,” he explained. “So sometimes having an interaction with a person who is transgender, their legal documents may not line up with who they are as a person. Understanding that helps officers understand the person they are dealing with is not being deceitful. When they give you their name, use that name, and understand their struggle.”

He said while police officers still have to use a person’s legal name in the report, they can use the name the person gives them verbally when interacting with them. This can help the officer understand the community better and deescalate a situation.

While he felt the same training could be useful in correctional facilities, or in any organization that interacts with the LGBTQ community, Heng-Lehtinen pointed out this has to be the first step, not the last.

“The best policy would be for when someone is being booked,” he said. “And that policy should not be an assignment based on genitalia, it should be based on where the person would be the most safe.”

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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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