Maryland
Judge rules trans teacher’s lawsuit against P.G. County can go to trial
Gay man files separate case charging discrimination
A federal judge in Maryland issued a ruling on Tuesday, Jan. 18, clearing the way for a lawsuit filed by transgender former English teacher Jennifer Eller in 2018 charging the Prince George’s County, Md., Public Schools with discrimination and harassment based on her gender identity to proceed to a trial.
In the ruling, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied key parts of several motions filed by attorneys representing the P.G. County Public Schools that in effect called for the dismissal of the lawsuit. The motions, among other things, claimed the lawsuit failed to provide sufficient evidence that Eller was subjected to discrimination and harassment, which forced her to resign due to a hostile work environment.
Chuang also ruled against a separate motion introduced by Eller’s attorneys calling for him to issue a summary judgement decision affirming all the lawsuit’s allegations that would have ended the litigation in Eller’s favor without the need to go to trial.
Eller’s lawsuit charges that school officials acted illegally by failing to intervene when she was subjected to a hostile work environment for five years that included abuse and harassment by students, parents, fellow teachers, and supervisors and retaliation by school administrators.
The lawsuit alleges that the school system and its administrators in its actions against Eller violated Title VII of the U.S. Civil Rights Act of 1964, Title IX of the federal Education Amendments Act of 1972, the Equal Protection Clause of the U.S. Constitution, the Maryland Fair Employment Practices Act, and the nondiscrimination provision of the Prince George’s County Code.
“We think the judge did as best he could,” said Omar Gonzales-Pagan, an attorney with the LGBTQ litigation group Lambda Legal, which, along with the D.C. law firm Arnold & Porter, are representing Eller in her lawsuit.
“The takeaway is that the case is now in a posture to proceed to trial,” Gonzales-Pagan told the Washington Blade. “The court found that the alleged facts and the information as discovered throughout the case in the discovery process is sufficient to allow a jury to find whether Jennifer Eller was subjected to a hostile work environment and constructive discharge and retaliation unlawfully by the defendants,” he said.
By the term constructive discharge, Gonzales-Pagan was referring to the lawsuit’s charge that Eller was forced to resign from her teaching job in 2017 after being diagnosed with post-traumatic stress disorder due to the alleged abuse she faced on the job.
P.G. County Public Schools officials have declined to comment on the lawsuit on grounds that the school system has a longstanding policy of not discussing pending litigation. However, in its response to the lawsuit in court filings, school system officials have denied Eller’s allegations of discrimination, harassment, and retaliation.
“For years, I was aggressively misgendered, attacked and harassed in the hallways and even in my own classroom by students, peers and supervisors,” Eller said in a statement released by her attorneys.
“My pleas for help and for sensitivity training on LGBTQ issues for students and staff, were ignored,” Eller said in her statement. “The relentless harassment stripped me of the joy of teaching and forced me to resign,” she said. “It is time for Prince George’s County Public Schools to be held accountable.”
The lawsuit says the harassment and discriminatory action against her began in 2011 when she began presenting as female during the school year. It says school officials initially responded to her complaints about the harassment by demanding that she stop dressing as a woman and return to wearing men’s clothes, which she refused to do.
In a separate action, gay former Spanish teacher Jared Hester filed on his own without an attorney a lawsuit in the Maryland federal court charging the P.G. County Public Schools with failing to take action to prevent him from being subjected to discrimination and harassment similar to some of the allegations made in Eller’s lawsuit.
Hester told the Blade that he was subjected to harassment by students who repeatedly called him “faggot,” but school officials, including the principal of the middle school where he taught, refused to take action to stop the harassment.
He provided the Blade with copies of earlier complaints he filed against school system officials with the U.S. Equal Employment Opportunity Commission (EEOC), the Maryland Commission on Civil Rights, and the P.G County Public Schools’ internal Office of Equity Assurance. Each of the three agencies issued rulings against Hester’s complaints, with two of them saying sufficient evidence could not be found to support his allegations.
The EEOC, in a Nov. 3, 2021 “dismissal” notice, told Hester the EEOC “will not proceed further with its investigation, and makes no determination about whether further investigation would establish violations of the statute.” The notice added, “This does not mean the claims have no merit” or that the respondent, meaning the P.G. County Public Schools, “is in compliance with the statutes.”
The notice did not give a reason for why it chose to end its investigation into Hester’s complaint, but it said his filing with the EEOC cleared the way for him to file a lawsuit to further his case against the school system.
Hester told the Blade he reached out to Lambda Legal to represent him in his lawsuit, but the LGBTQ litigation group declined to take on his case without giving a reason. Gonzalez-Pagan, the Lambda attorney working on the Eller case, said he was unfamiliar with Hester’s request for representation. Another Lambda official couldn’t immediately be reached to determine the reason for its decision not to represent Hester.
Maryland
FreeState Justice to lose more than $300K in federal funding
DOJ program funded full-time employees, services for 600 Marylanders this year
FreeState Justice on Monday said it will lose more than $300,000 in federal funding on July 1.
The organization in a press release said the funds from the Justice Department’s Office of Justice Program supported LGBTQ survivors of crime in Maryland. FreeState Justice notes this funding “makes up almost 25 percent of the legal aid organization’s overall budget, and 60 percent of its direct service budget.”
FreeState Justice began to receive funds from the program in 2018.
“FreeState Justice is the only organization providing trauma-informed, culturally relevant legal services to LGBTQ+ Marylanders,” said FreeState Justice Executive Director Phillip Westry. “This funding cut is devastating to our community and the clients we serve, and it undermines the promise of equal justice for all.”
Westry noted the funding supported “2.5 full-time employees on our team of seven.” FreeState Justice Legal Director Lauren Pruitt added upwards of 600 people have benefitted from programs this funding supported so far this fiscal year.
“With our help, our clients report escaping violence, gaining housing, accessing documents, and reclaiming their voice,” said Pruitt. “For years, these funds have helped us to support Marylanders who have survived crimes, including about 600 people so far this fiscal year. Our services empower survivors to define and achieve safety, stability, and justice in the ways that matter most to them.”
“We are calling on the community to step up for Maryland’s LGBTQ+ survivors so that we can continue these essential services,” added Westry. “More than ever, we’ll need their support to continue getting our life-saving resources to those who need them most.”
FreeState Justice notes the Trump-Vance administration has cut $50 million “in grants and funding that support organizations that serve victims of crimes.” Westry on Monday in an email to supporters asked for their support to help fill the funding gap.
Rockville hosted its 9th annual Pride celebration on Sunday.
Organizations and sponsors partnered with the city and its Human Rights Commission to bring the event to life in the Rockville Town Center Park at the Square.
“We want our community to know how safe and how protected they are and that we would support our community,” City Clerk Sara Taylor-Ferrell, who is director of council operations, said. “It’s a gathering for families and friendship; it’s just a good event for our community engagement.”
Taylor-Ferrell said the Rockville community feels safe and comfortable at the event, and she hopes the event will continue to grow bigger each year.
“I think this is going to be a great thing that we can say our legacy is with Pride,” she said.
The Rainbow Youth Alliance, the Episcopal Church of the Ascension, the Barker Adoption Foundation, Maryland Trans Unity, and other organizations gathered along the Square to spread awareness and celebrate the LGBTQ community.
Shane Henise, program director for the Rainbow Youth Alliance, an LGBTQ support group for teens from 13- to 18-years-old, said he wanted to come out and let people know that the organization is there for the younger LGBTQ community.
“I think this is a really hard time for queer and trans youth generally, and we want them to know they have a safe place to come,” he said.
Henise said Pride is more important this year than ever, especially with the “attacks” on gender-affirming care for youth.
“We want to counteract that immense amount of negativity and messages they’re receiving with positivity,” Henise said. “You are who you are. We love you, we support you.”
Speaking in front of a crowd of around 50 people, with hundreds walking around to stop and listen, Mayor Monique Ashton and other City Council members addressed the crowd and highlighted the importance of Pride.
Montgomery County Councilmember Evan Glass said Montgomery County always leads with its heart.
“We, the LGBTQ + community, are under threat and under attack by this president, by the Supreme Court, and while we have our challenges, there is no place I’d rather live than here in Montgomery County,” Glass said to the crowd. “We welcome our neighbors, we love them fairly and justly. We choose to love and we choose to be inclusive. That’s what pride is all about.”
With rainbow flags waving in the town square, attendees stopped by information tables, a clothing pop-up shop, face painting stations and a voter registration table.
Performers took to the stage in between speakers, such as local band the Nighthawks, members of the Rockville Musical Theater and a drag queen from drag story hour who read picture books to children in the crowd.
There was a sense of pride and family at the event, according to Cynethia Williams, the Montgomery County chair of Free Mom Hugs.
“There’s a sense of happiness and excitement about our future, even though it’s super scary right now in America,” Williams said. “It’s great to see that so many people are like, ‘They’re not going to take this stuff from us.’”
As a queer and Black woman, Williams said being at Rockville Pride was a revolution itself.
“I’m a revolter from birth, (from) being in this skin, so just being here is a revolt. It’s time for us to get together and fight,” she said. “Specifically for Free Mom Hugs, we want to make sure that our presence is known, that people know that we’re here and that … there’s a group of people that are ready to cheer them on, hug them, give them love.”
Maryland
Annapolis Pride postponed due to weather
Parade and festival will not happen as scheduled, other events to take place
The annual celebration of the Annapolis LGBTQ community has been put on hold due to forecasted severe weather.
The Annapolis Pride parade and festival, both of which were supposed to take place on May 31, have been postponed until a later date.
Annapolis Pride Board Chair Joe Toolan announced the decision this afternoon, citing information given to the Pride board from emergency management agencies and weather forecasting models.
“The safety of our community comes first,” Toolan said. “Based on guidance from the Annapolis Office of Emergency Management and the National Weather Service, we’ve made the difficult decision to postpone the 2025 Annapolis Pride Parade and Festival due to the very real threat of severe thunderstorms, lightning, and flooding.
“We are hoping to reschedule for some time this fall,” he added.
The National Weather Service has issued tornado and flood watches for large portions of the Mid-Atlantic area, more specifically in areas of Virginia, D.C., and Maryland — including Anne Arundel County where Annapolis is located.
The tornado watch only lasts until midnight, but the impacts of heavy downpours in the area can already be seen where the parade and festival were set to take place. The festival grounds at Bates Middle School are already experiencing flooding and over-saturation, and a flood watch remains in effect with more rain forecast for tonight and tomorrow.
“We are all sad and terribly disappointed that we cannot proceed with the parade and festival on Saturday,” Toolan said. “Hundreds of hours have been spent on planning and coordination, and we were expecting tens of thousands of attendees. But at the end of the day, safety concerns outweigh all other concerns.”
Toolan said the Pride board will announce a rescheduled date as soon as it is confirmed.
Even though the Annapolis Pride parade and festival have been postponed, there are a slew of other planned Pride events that will go on as scheduled:
May 30 – Ladies Night – SOLD OUT
6–10 p.m., Eastport Democratic Club, Annapolis
June 1 – Drag Brunch at Leo – SOLD OUT
10 a.m., Leo Annapolis Restaurant, 212 West St.
June 1 – Ecumenical Pride Worship Service
3 p.m., Eastport United Methodist Church, Annapolis
June 3 – Annapolis Pride Beer Launch
4–7 p.m., Forward Brewing, Annapolis
June 5 – Pride on the Pier
6–9 p.m., Bread and Butter Kitchen, Annapolis
June 6 – Big Gay Dance Party
10 p.m.–close, Tsunami Restaurant, 51 West St., Annapolis
June 7 – Pop-Up Market: Benefiting Annapolis Pride
10 a.m.–3 p.m., Annapolis Town Center
Special discounts @Kendra Scott 6/7–6/8
June 14 – Silent Disco
7–11 p.m., Eastport Democratic Club, Annapolis
June 21 – Teen Dance Party
6–9 p.m., Art Farm, Annapolis
For high school freshmen – juniors
*ticketed event
For more information on the postponement of Annapolis Pride, visit https://annapolispride.org/
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