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Activists defend D.C. Jail’s treatment of trans inmates

Budd, Hughes say most choose to stay in men’s facility

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The jail does not and has not been mistreating transgender inmates coming in the jail,’ said trans advocate Earline Budd. (Blade file photo by Michael Key)

Longtime local transgender advocates Earline Budd and Jeri Hughes, who have served for more than a decade on the D.C. Department of Corrections’ Transgender Housing and Transgender Advisory committees, say they have witnessed first-hand what they believe to be the D.C. Jail’s role in leading the nation in its policies in support of transgender inmates.

The two said that around 2009 the D.C. Jail became one of the nation’s first correctional facilities to adopt a policy allowing transgender inmates to choose whether to be placed in the men’s or the women’s housing units.

In a claim that will likely come as a surprise to LGBTQ activists, Budd and Hughes said more than 95 percent of female transgender inmates at the D.C. Jail chose to be placed in the men’s section of the jail.

Budd and Hughes said they were motivated to speak out about DOC’s trans policies following a class action lawsuit filed last year against the city by the ACLU of D.C. and the D.C. Public Defender Service on behalf of a female transgender inmate at the D.C. Jail.

The lawsuit charged that officials at the Department of Corrections and the jail violated the gender identity provision of the city’s Human Rights Act and the constitutional rights of equal protection for trans inmate Sunday Hinton by placing her in the men’s housing unit at the jail against her wishes in May 2021.

Hinton and five other former female trans inmates at the jail submitted sworn affidavits as part of the lawsuit claiming that their requests to be housed in the women’s section of the jail were either denied or jail officials coerced them into agreeing to be placed in the men’s section. The affidavits say the alleged improper action by jail officials against the six trans women took place between 2019 and 2021.

Hinton has since been released from the jail after a burglary related charge brought against her was dropped.

The Office of the D.C. Attorney General, which represents the city in lawsuits, and Hinton reached a settlement agreement last month to end the lawsuit. The DOC agreed in the settlement, among other things, to put in place policies that ensure that trans inmates can choose the section of the jail in which they are to be housed.

The agreement keeps in place existing DOC policies calling for the Transgender Housing Committee to review all trans housing requests and to make a recommendation on the request, with jail security officials making the final decision on where to place the trans inmate.

Hughes told the Washington Blade that for the past decade or longer DOC and jail officials have followed the recommendations of the Transgender Housing Committee, whose members include representatives of the trans community.

She points out that the objective of the committee is to confirm that a trans female inmate requesting housing in the women’s section of the jail is truly a transgender person and not a male inmate claiming to be trans with the possible motive of sexually assaulting or otherwise endangering cisgender female inmates.

According to Budd and Hughes, at the request of LGBTQ rights advocates, the DOC adopted a policy in 2009 that allowed transgender inmates to choose whether to be placed in the men’s or women’s section of the jail. They said the policy, which created the DOC’s Transgender Housing Committee as well as a Transgender Advisory Committee, called for the housing committee to review the inmates’ housing requests to assess the safety of the trans inmates and all other inmates.

“You cannot just say I’m transgender and go in the women’s jail,” Hughes said. “You’ve got to have an evaluation. You have to be determined – OK, you’re legit. You live as a woman. You’re transgender,” Hughes told the Blade.

Hughes and Budd said the allegations raised in the Sunday Hinton lawsuit, if true, appear to be a breach in the DOC and the D.C. Jail’s longstanding policy of allowing trans inmates to choose whether to be placed in the men’s or women’s section of the jail. Budd said restrictions put in place at the jail in response to the COVID pandemic resulted in the suspension of all meetings of the Transgender Housing Committee.

But she said it was her understanding that an official at the jail who is a member of the Transgender Housing Committee has been meeting individually with trans inmates to determine their preference for a housing assignment. Budd said the official, who she identified as Tracy Outlaw, was also helping transgender inmates obtain things they needed, such as women’s undergarments like bras and hormone treatments.

“What I can say is the jail does not and has not been mistreating transgender inmates coming in the jail, and that they get the utmost respect in terms of the population,” Budd said.

When asked to explain their claim that nearly all female trans inmates choose to be placed in the men’s section of the jail, Budd and Hughes said that the female trans inmates are treated with greater respect by fellow male inmates than by female inmates.

“In the male section of the jail, they have a certain status,” Hughes said. “They are desirable. In the female section, they are not desirable. So, there is no advantage for them to be there,” according to Hughes. “And nearly every [trans] girl that has ever asked to go to the female section is in there for about a week and asks to get back right away” to the male section, Hughes said.

Department of Corrections spokesperson Keena Blackmon provided the Blade with an update on the DOC’s transgender policies following the settlement of the lawsuit, but she did not respond to the Blade’s request for confirmation of Budd and Hughes’ assertion that nearly all transgender female inmates request to be housed in the men’s section of the D.C. Jail.

“While the DC Department of Corrections (DOC) does not comment on the specifics of litigation-related matters, DOC is committed to ensuring a safe, secure and inclusive environment for all our residents, including our transgender, intersex and gender non-conforming residents,” Blackmon said in an email. “DOC formed the Transgender Advisory Committee (TAC), which serves as a liaison for the DOC and the transgender community and also internally established the Transgender Housing Committee (THC),” she said.

“The COVID-19 pandemic necessitated a host of operational changes to ensure the health and wellbeing of all DOC residents and staff and affected the ability of the THC to operate in its normal capacity,” Blackmon said. “As we have navigated the challenges of the pandemic, we have continued to adopt both our policies and practices to ensure we meet our above stated commitment while addressing the public health needs of all in our DOC facilities and will continue to do so,” she said.

Scott Michelman, legal director of the ACLU of D.C. who served as the lead attorney representing Sunday Hinton in her lawsuit against the DOC, said the actions by officials at the D.C. Jail toward Hinton and the five trans female inmates who joined her in the class action lawsuit raised serious doubts about any claims that the DOC had in place trans supportive policies – at least during the years of 2019 through early 2021.

Michelman points out that Tracy Outlaw, one of the DOC officials serving on the Transgender Housing Committee that Budd said has been supportive of trans inmates, is accused in one of the sworn affidavits submitted by a trans inmate who was part of the Hinton lawsuit of refusing to help the inmate be placed in the women’s section of the jail. Michelman said another DOC official “coerced” Hinton into signing a form waiving her rights to be placed in the women’s section of the jail.

“These actions, among others, undermine the claim that DOC was doing right by trans folks as of 2021,” Michelman said. “If DOC wants to protect trans women, it can start by complying with the settlement terms reached in Sunday Hinton’s case,” he said.

Budd said that while any DOC staff member should be held accountable for violating the DOC’s transgender policies, she strongly disputes claims that Tracy Outlaw coerced a trans inmate into being housed in the men’s section of the jail.

“What I am not going to do is go back and forth about this case,” Budd told the Blade. “The fact is that the ACLU and the attorneys are only seeking one side of this story,” which she said was that of the trans inmates who were part of the Hinton lawsuit.

“It is not fair that these allegations are coming up and we are not able to share our side of the story, which is totally different,” she said. “I have been and continue to be a transgender advocate and will support even those who have sought to demean me.”  

Critics of the DOC have pointed out that many of the problems faced by the D.C. Jail surfaced under the tenure of former DOC Director, Quincy Booth, who held the director’s position from 2016 to January of this year, when Mayor Muriel Bowser replaced him with former DOC Director Tom Faust. Faust served as director from 2011 to 2016 during the years that Budd and Hughes have said DOC put in place or strengthened its trans supportive policies.  

Bowser’s decision to replace Booth came shortly after the Federal Bureau of Prisons transferred 400 inmates at the D.C. Jail to a federal prison in Pennsylvania after announcing an inspection of the jail by U.S. Marshals found “evidence of systematic failures” and unacceptable living conditions at the jail.

Budd said that shortly after Faust began as acting DOC Director, he invited her to meet with him to discuss trans issues at the jail.

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District of Columbia

New D.C. gay bar Crush set to open April 19

An ‘all-inclusive entertainment haven,’ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.’s newest gay bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the city’s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the city’s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayor’s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the bar’s employees become settled into their newly opened operations.

“Step into a venue where inclusivity isn’t just a promise but a vibrant reality,” a statement posted on the Crush website says. “Imagine an all-inclusive entertainment haven where diversity isn’t just celebrated, it’s embraced as the very heartbeat of our venue,” the statement says. “Welcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.”

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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District of Columbia

Reenactment of first gay rights picket at White House draws interest of tourists

LGBTQ activists carry signs from historic 1965 protest

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About 30 LGBTQ activists formed a picket line in front of the White House April 17. (Washington Blade photo by Michael Key)

About 30 LGBTQ activists formed a circular picket line in front of the White House Wednesday afternoon, April 17, carrying signs calling for an end to discrimination against “homosexuals” in a reenactment of the first gay rights protest at the White House that took place 59 years earlier on April 17, 1965.

Crowds of tourists looked on with interest as the activists walked back and forth in silence in front of the White House fence on Pennsylvania Avenue. Like the 1965 event, several of the men were dressed in suits and ties and the women in dresses in keeping with a 1960s era dress code policy for protests of the Mattachine Society of Washington, D.C., the city’s first gay rights group that organized the 1965 event.

Wednesday’s reenactment was organized by D.C.’s Rainbow History Project, which made it clear that the event was not intended as a protest against President Joe Biden and his administration, which the group praised as a strong supporter of LGBTQ rights.

“I think this was an amazing event,” said Vincent Slatt, the Rainbow History Project official who led efforts to put on the event. “We had twice as many that we had hoped for that came today,” he said.

“It was so great to see a reenactment and so great to see how far we’ve come,” Slatt said. “And also, the acknowledgement of what else we still need to do.”

Slatt said participants in the event who were not carrying picket signs handed out literature explaining the purpose of the event.

A flier handed out by participants noted that among the demands of the protesters at the 1965 event were to end the ban on homosexuals from working in the federal government, an end to the ban on gays serving in the military, an end to the denial of security clearances for gays, and an end of the government’s refusal to meet with the LGBTQ community. 

“The other thing that I think is really, really moving is some of the gay staff inside the White House found out this was happening and came out to greet us,” Slatt said. He noted that this highlighted how much has changed since 1965, when then President Lyndon Johnson’s White House refused to respond to a letter sent to Johnson from the Mattachine Society explaining its grievances. 

“So now to have gay people in the White House coming out to give us their respects and to say hello was especially meaningful to us,” Slatt said. “That was not expected today.”

Among those walking the picket line was longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler said he proudly carried a newly printed version of the sign at Wednesday’s reenactment event that he carried during the 1965 protest. It stated, “Fifteen Million Homosexuals Protest Federal Treatment.”  

Also participating in the event was Japer Bowles, director of D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs. Bowles presented Slatt with a proclamation issued by Bowser declaring April 17, 2024, Mattachine Society Day in Washington, D.C.

“Whereas, on April 17, 1965, the Mattachine Society of Washington courageously held the nation’s inaugural picket for gay rights, a seminal moment in the ongoing struggle for LGBTQIA+ equality in the United States, marking the genesis of public demonstrations advocating for those rights and paving the way for Pride Marches and Pride celebrations worldwide,” the proclamation states.

About 30 minutes after the reenactment event began, uniformed Secret Service agents informed Slatt that due to a security issue the picketers would have to move off the sidewalk in front of the White House and resume the picketing across the street on the sidewalk in front of Lafayette Park. When asked by the Washington Blade what the security issue was about, one of the Secret Service officers said he did not have any further details other than that his superiors informed him that the White House sidewalk would have to be temporarily cleared of all people.

Participants in the event quickly resumed their picket line on the sidewalk in front of Lafayette Park for another 30 minutes or so in keeping with the 1965 picketing event, which lasted for one hour, from 4:20 p.m. to 5:20 p.m., according to Rainbow  History Project’s research into the 1965 event.

Although the LGBTQ picketers continued their procession in silence, a separate protest in Lafayette Park a short distance from the LGBTQ picketers included speakers shouting through amplified speakers. The protest was against the government of Saudi Arabia and organized by a Muslim group called Al Baqee Organization.

A statement released by the Rainbow History Project says the reenactment event, among other things, was a tribute to D.C.-area lesbian rights advocate Lilli Vincenz, who participated in the 1965 White House picketing, and D.C. gay rights pioneer Frank Kameny, who founded the Mattachine Society of Washington in the early 1960s and was the lead organizer of the 1965 White House protest. Kameny died in 2011 and Vincenz died in 2023.

The picket signs carried by participants in the reenactment event, which were reproduced from the 1965 event, had these messages:

• “DISCRIMINATION Against Homosexuals is as immoral as Discrimination Against Negroes and Jews;”

• “Government Should Combat Prejudice NOT PROMOTE IT”

• “White House Refuses Replies to Our Letters, AFRAID OF US?

• “HOMOSEXUALS Died for their Country, Too”

• “First Class Citizenship for HOMOSEXUALS”

• “Sexual Preference is Irrelevant to Employment”

• “Fifteen Million U.S. Homosexuals Protest Federal Treatment”

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District of Columbia

Organizers announce details for D.C. Black Pride 2024

Most events to take place Memorial Day weekend at Westin Downtown

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Black Pride 2024 details were announced this week. (Washington Blade file photo by Michael Key)

The Center for Black Equity, the organizer of D.C. Black Pride, the nation’s first and one of the largest annual African-American LGBTQ Pride celebrations, announced this year’s event will take place Memorial Day Weekend from May 24-27.

The announcement, released April 16, says that most 2024 D.C. Black Pride events will take place at the Westin Washington, D.C. Downtown Hotel at 999 9th St, N.W.

“With the theme Black Pride Forever, the event promises a weekend filled with vibrant celebrations, empowering workshops, and a deep exploration of Black LGBTQIA+ history and culture,” the announcement says.

It says events will include as in past years a “Rainbow Row” vendor expo at the hotel featuring “organizations and vendors created for and by the LGBTQIA+ community” offering products and services “that celebrate Black excellence.”

According to the announcement, other events include a Health and Wellness Festival that will offer workshops, demonstrations, and activities focused on “holistic well-being;” a Mary Bowman Poetry Slam “showcasing the power and beauty of spoken word by Black LGBTQIA+ artists;” the Black Pride Through the Decades Party, that will celebrate the “rich history of the Black LGBTQIA+ movement;” and an Empowerment Through Knowledge series of workshops that “delve into various topics relevant to the Black LGBTQIA+ community.”

Also, as in past years, this year’s D.C. Black Pride will feature its “Opening Night Extravaganza” reception and party that will include entertainment and live performances.

The announcement notes that D.C.’s annual Black Pride celebration, started in 1991 as a one-day outdoor event at Howard University’s Banneker Field, has inspired annual Black LGBTQ Pride events across the United States and in Canada, United Kingdom, Brazil, Africa, and the Caribbean. More than 300,000 people attend Black LGBTQ Pride events each year worldwide, the announcement says.

Full details, including the official schedule of events, can be accessed at dcblackpride.org.

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