Local
Black transgender youth protest treatment at Baltimore jail
BMORE BLXCK hosted Saturday rally
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.
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.
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.”
District of Columbia
‘Sandwich guy’ not guilty in assault case
Sean Charles Dunn faced misdemeanor charge
A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10.
Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets.
Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers standing in front of the shop.
Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.
“I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.
“And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”
The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.
Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured.
Prosecutors with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.
“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”
The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1.
Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom.
Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.
Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.
The dispute over the intricacies of the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.
Court observers have said in cases like this, a jury could have issued a so-called “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.
DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.
“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.
Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.
Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident.
“I would like to thank family and friends and strangers for all of their support, whether it was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.”
“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.
“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.
Maryland
Democrats hold leads in almost every race of Annapolis municipal election
Jared Littmann ahead in mayor’s race.
By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.
Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.
Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”
The rest of this article can be read on the Baltimore Banner’s website.
Democrats on Tuesday increased their majority in the Virginia House of Delegates.
The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.
All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.
Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)
Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.
Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.
Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.
Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.
Shreya Jyotishi contributed to this article.
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District of Columbia3 days ago‘Sandwich guy’ not guilty in assault case
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