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Florida prosecutor drops sex with minor charges against Brett Parson

Memo says youth declined to participate in case

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Florida prosecutor drops sex with minor charges against Brett Parson. (Blade file photo by Michael Key)

A prosecutor with the Broward County, Fla., State Attorney on Monday dropped two charges of unlawful sexual activity with a minor filed against former D.C. police lieutenant Brett Parson by Boca Raton, Fla. police in February 2022.

A spokesperson for the State Attorneyā€™s office told the Washington Blade the charges were dropped at an 8:30 a.m. hearing before a judge at the Broward County Circuit Court in Fort Lauderdale on Monday, March 13.

In a three-page Closeout Memorandum released by the Broward State Attorneyā€™s Office, Assistant State Attorneys Neva Rainford-Smith and Damette Lennox state that prosecutors decided to drop the charges after it became clear that the then 16-year-old boy, who told authorities that his sexual encounter with Parson was consensual, did not want to participate in the prosecution against Parson.

An arrest affidavit filed by Coconut Creek, Fla., police at the time of Parsonā€™s arrest on Feb. 18, 2022, says Parson allegedly had a consenting sexual encounter with a 16-year-old boy who told police he met Parson on the gay online dating app Growlr and agreed to meet for a sexual encounter after the two exchanged ā€œexplicitā€ photos of each other.

The age of sexual consent in Florida is 18, which made it illegal for Parson to engage in sex with the youth, even though the age of consent in several other states, including D.C., is 16.

Charging documents say the youth and Parson agreed to meet at a gas station in Coconut Creek near where the youth lived. The documents say both arrived in separate cars and, at the suggestion of the youth, drove separately to another location at a secluded parking lot at about 1 a.m., where they engaged in sex in the car Parson had been driving.

Police became involved, according to the charging documents, after the youth noticed people were walking near where they were parked and asked that they drive to yet another location. With Parson following the youth as the two drove in their separate cars, the youth drove into a restricted location. Police stopped both cars, the charging documents say.

One of the officers allowed Parson to drive away after Parson said he was lost and did not know the person in the other car. But for as yet unexplained reasons, the youth, when questioned by a police officer, provided full details of his involvement with Parson, which enabled police to locate Parson through text messages between the youth and Parson that police obtained from the youthā€™s cell phone. Ā 

ā€œThe defendant was a 53-year-old man who was in Broward County visiting family after one of his parents had surgery,ā€ the memorandum released by prosecutors says. ā€œThe defendant and the victim, a then 16-year-old boy, met on Growlr, which is a gay dating application,ā€ the memo continues. 

ā€œIt should be noted that in order to have an account with Growlr, the user must be 18 years of age or older,” the memo says. ā€œThis victimā€™s profile listed him as 19 years of age,ā€ the memo states.

The memo says the youth told police at the time they stopped him that Parson ā€œnever forced him or threatened himā€ and that while at times he was uncomfortable, ā€œhe never showed signs of wanting to stop or never told the defendant to stop.ā€ It says the youthā€™s parents, who charging documents say were called by police to the scene where the youth was stopped, told police their son did not want to talk about what happened ā€œbut was starting to realize  what happened was wrong.ā€

The charging documents state that at the request of the parents, police and prosecutors filed the two charges of unlawful sexual activity with a minor against Parson. But the memorandum released by the State Attorneyā€™s office on March 13 at the time the charges were dropped in court states that in the months following Parsonā€™s arrest, the youth and his parents were reluctant to speak with a victim advocate to arrange for interviews needed to go forward with the case.

ā€œShe left multiple voicemails in early April of 2022 and did not receive a call back,ā€ the memo says. It says between then and February of this year, the youthā€™s parents continued to decline to make the youth available for an in-person interview needed if the case against Parson was to continue.

ā€œMyself and [the youthā€™s mother] wanted to move forward, but do not want to put him through this against his will,ā€ the memo quotes the youthā€™s father as saying in an email to one of the assistant prosecutors, according to the memo. ā€œIf there is a way to proceed without his involvement, we would like to. But if this requires his involvement, then we prefer to drop the case,ā€ the memo quotes the father as saying.

ā€œObviously, even though lack of knowledge of age or misrepresentation of age is not a defense to the crime charged, the defendantā€™s position has always been that he believed the victim was a 19-year-old man, which is what the victim had listed as his age in the dating application,ā€ the memo continues.

ā€œDue to lack of victim cooperation, my conversations with the victimā€™s parents and the potential scheduling of a deposition of the victim, the State believed it was in the best interest of the victim to not require him to come in for deposition and subsequent trial testimony, to respect his wishes and announce a nollo prosequi in the case,ā€ Assistant State Attorney in Charge Neva Rainford-Smith concludes in the memo.

The term ā€œnollo prosequiā€ is a Latin phrase used in criminal law for a decision not to prosecute a case.

Parson has declined to speak with the media since the time of his arrest. 

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Florida

Settlement and clarification reached in Fla. ‘Donā€™t Say Gay’ law

Republican Gov. Ron DeSantis signed statute in 2022

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A protest against Florida's 'Don't Say Gay' law in 2022. (Photo courtesy of Jack Petocz)

A settlement reached with the Florida State Board of Education, Florida Department of Education and various school districts and the attorneys and plaintiffs clarifies what is allowed in Florida classrooms under the stateā€™s controversial ā€œParental Rights in Educationā€Ā law colloquially referred to as the ā€œDonā€™t Say Gayā€ law.

The plaintiffsā€™ lawyers at Kaplan Hecker & Fink LLP and the National Center for Lesbian Rights filed the agreement with the 11th U.S. Court of Appeals on Tuesday. The agreement effectively nullifies the most dangerous and discriminatory impacts of the law, and makes clear that the law must be applied neutrally and is no license to discriminate against or erase LGBTQ+ families.

Cameron Driggers and Jack Petocz, who led the statewide student protest against the ā€˜Donā€™t Say Gayā€™ law in March 2022, reacted in a text message to the Washington Blade saying:

ā€œLGBTQ+ students and allies are breathing a sigh of relief today in response to the news that litigation has successfully mediated some of the most extreme aspects of Gov. DeSantisā€™ ‘Donā€™t Say Gay’ legislation. Just about two years ago, we led a statewide school walkout all across the state of Florida in response to that bill. We knew then that it infringed on the basic civil liberties of students and teachers and we look forward to future challenges to other pieces of authoritarian legislation.ā€

ā€œThe settlement restores the ability of students, teachers and others in Florida schools to speak and write freely about sexual orientation and gender identity in class participation and schoolwork,ā€ the legal teams noted in a statement. ā€œIt also restores safeguards against bullying on the basis of sexual orientation and gender identity, and reinstates Gay-Straight Alliances (GSAs). Critically, the settlement also requires the State Board of Education to send todayā€™s agreement to every school district, and to make clear that the settlement reflects the considered position of the state of Florida on the scope and meaning of this law.ā€ the statement continued.

Specifically, the historic settlement agreement clarifies the following:

  • Classroom references. The law does not prohibit references to LGBTQ+ persons, couples, families, or issues, including in literature, in classroom discussion (such as student-to-student speech or teachers responding to studentsā€™ questions), in studentsā€™ academic work product or teachersā€™ review of the same, in teachers identifying same-sex or transgender spouses or partners, or in any other context in which a teacher is not ā€œinstructingā€ on the subject of sexual orientation or gender identity.
  • Nondiscrimination.Ā The law does not target LGBTQ+ persons, couples, families or issues.Ā Rather, it requires neutrality and prohibits ā€œclassroom instructionā€ on the subjects of sexual orientation or gender identity, whether the subject addresses heterosexuality, homosexuality, bisexuality, cisgender identities, transgender identities or otherwise. It would violate the law, then, to instruct that heterosexuality is superior to other sexualities, or that cisgender identities are superior to transgender identities.
  • Anti-bullying and acceptance. The law does not prohibit instruction or intervention against bullying on the basis of sexual orientation or gender identity, nor does it require the removal of safe space stickers or elimination of safe space areas for the benefit of LGBTQ+ persons.
  • Extracurricular activities.Ā The law does not prohibit Gay-Straight Alliances, including student attendance or participation by teachers or other faculty members.Ā The law also does not prohibit book fairs that include LGBTQ+ focused books, musicals or plays with LGBTQ+ references or characters, participation and expression by LGBTQ+ persons in other extracurricular events like school dances, or the wearing of clothing that is affiliated with LGBTQ+ persons or issues or that does not conform with oneā€™s perceived gender identity.
  • Library books. The law does not apply to library books, so long as those books are not being used in the classroom to instruct on the subjects of sexual orientation or gender identity. 
  • Third parties. The law does not apply to non-school-personnel, including parents, other family members, and guest lecturers, so long as the school is not delegating to such third party the role of providing classroom instruction on the subjects of sexual orientation or gender identity.

ā€œWe made a promise to LGBTQ+ families, students and educators across the state to ensure that they received equal dignity under the law, and to protect our schools from a censorship agenda that harms the education system as a whole,ā€ saidĀ Equality Florida Executive Director Nadine Smith.Ā ā€œFlorida has already endured nearly two years of book banning, educators leaving the profession and safe space stickers being ripped off of classroom windows in the wake of this law cynically targeting the LGBTQ+ community.Ā This settlement is a giant step toward repairing the immense damage these laws and the dangerous political rhetoric has inflicted on our families, our schools and our state.Ā The message to school districts, superintendents and teachers alike is clear: Protect every student and respect every family.ā€

In early 2022, Republican Gov. Ron DeSantis signed House Bill 1557, commonly known as the ā€œDonā€™t Say Gayā€ bill. The plaintiffs sued the next day, alleging that the law was impermissibly vague, was obviously motivated by hostility to LGBTQ people and families and created an enforcement system that enabled discrimination and discouraged efforts to fight it. The plaintiffs claimed that the law violated their rights to equal protection, due process, and free speech. The plaintiffs litigated aggressively, and engaged in months of negotiations with the stateā€™s lawyers to forge Monday’s historic settlement.

ā€œThis settlement is a huge victory for our community, both in Florida and nationally. It not only reverses the censorship and intimidation created by Floridaā€™s ‘Donā€™t Say Gay or Trans’ law, it codifies important new protections that were not previously clearly established, such as the right of teachers and staff to talk about LGBTQ people, to put safe space stickers in their classrooms, and to be open about their own LGBTQ identities or same-sex partners, just as straight teachers are able to be,ā€ said NCLR Legal Director Shannon Minter in a phone statement to the Blade. ā€œI am thrilled to be part of this historic moment, which is a strong sign that the tide of anti-LGBTQ hatred and persecution is turning, thanks to the hard work of so many.ā€ 

Human Rights Campaign National Press Secretary Brandon Wolf issued the following statement:

ā€œThis is more evidence: The tide is turning on the anti-LGBTQ+ agenda. In state legislatures and courtrooms in Florida and beyond, discriminatory policies are starting to collapse. The DeSantis administration was forced to acknowledge that their vague, broad law was having sweeping consequences. And this settlement makes clear that every student deserves a safe, welcoming school environment where their families are treated with the respect that they deserve ā€” and that what applies to LGBTQ+ people must apply to others equally. Thank you to the legal team and courageous plaintiffs for challenging this discriminatory law.ā€

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Florida

Fla. DMV: ‘Misrepresenting’ gender on drivers licenses is fraud

HRC, Equality Florida condemn decision to rescind previous policy

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(Washington Blade photo by Michael K. Lavers)

BY ERIN REED ā€” According to a letter submitted by an anonymous source on Monday, the Florida Department of Highway Safety and Motor Vehicles has rescinded the policy that allowed transgender individuals to update the gender marker on their driverā€™s licenses. 

The letter, written by Deputy Executive Director Dave Kerner, states that gender will be interpreted as ā€œbiological sex.ā€ Furthermore, the letter declares that any person ā€œmisrepresentingā€ their gender marker would be guilty of fraud, facing civil and criminal penalties and revocation of licensure.

The letter, apparently sent out on Jan. 26, asserts that ā€œgenderā€ is synonymous with ā€œbiological sex,ā€ and argues that gender identity is ā€œneither immutable nor objectively verifiable.ā€ It suggests that permitting trans individuals to update their gender markers on their driverā€™s licenses would ā€œprevent the state from enforcing its laws.ā€ These laws include bans on trans individuals using the bathroom of their gender identity and laws targeting adult medical care.

You can view the full copy of the letter here:

The move marks a significant escalation and seems to have been initiated unilaterally by the department. This action is in line with other unilateral measures taken by the executive branch in Florida and other states. These include the Florida Board of Medicineā€™s ban on trans care, Virginia Gov. Glenn Youngkinā€™s directive through the Board of Education to ban trans bathroom usage in schools, and Missouri Attorney General Andrew Baileyā€™s efforts to target adult trans care via the rule-making process. However, none of these examples previously involved driverā€™s licenses. If upheld, Florida would become the first state to prohibit driverā€™s license changes under criminal penalty for trans individuals.

The ramifications of this rule could be far-reaching. All trans individuals in the state with Florida driverā€™s licenses not aligning with their ā€œbiological sexā€ might immediately be in possession of a fraudulent license. The state could seek to suspend or revoke the licenses of trans individuals under this policy. Moreover, during traffic stops involving trans individuals, they could face legal challenges with police officers if the officers believe the driverā€™s license ā€œmisrepresentsā€ their ā€œbiological sex.ā€

State Rep. Anna EskamaniĀ appeared to confirmĀ that computer systems were no longer accepting gender changes at FLHSMV offices:

This development coincides with the consideration of two bills in Florida that aim to prohibit driverā€™s license changes through the legislative process: House Bills 1233 and 1639. These bills could require all Floridians to sign ā€œbiological sex affidavitsā€ when renewing or updating their driverā€™s licenses. The policy could be a strategy to deter trans Floridians, aware of the bills, from quickly updating the gender marker on their driverā€™s licenses before their passage. Notably, Florida driverā€™s licenses typically have long expiration periods, often lasting eight years post-issuance.

Under this policy, trans individuals in Florida could face considerable challenges in daily life. Many have already left the state, and of those remaining, 80 percent reportedly wish to leave. This policy could instantly criminalize trans individuals who drive in the state with updated gender markers. It would compel trans people to disclose their identity in any situation requiring a driverā€™s license. Additionally, it would provide Florida a means to enforce its bathroom laws, which criminalize trans individuals for using bathrooms that align with their gender identity in many public spaces.

Nadine Smith, executive director of Equality Florida, issued the following statement:

ā€œThe DeSantis administrationā€™s obsession with scapegoating transgender Floridians has escalated into an outrageous attack that further erodes freedom and liberty in our state. This cruel policy threatens transgender Floridians with civil and criminal penalties and blocks them from obtaining the critical government-issued identification necessary to continue their daily lives. Transgender people have always existed in every culture on every continent and always will. In Florida, tens of thousands of people have legally updated their gender marker on their driverā€™s license or ID. They carefully followed the rules to ensure their identification accurately reflects who they are, and they trusted this process. Now, an abrupt policy reversal has thrown their lives into chaos. The cruelty of this kind of government overreach and intrusion should alarm every Floridian. These reckless and hateful policies are intended to make the transgender community feel unsafe and unwelcome in Florida and to bully them out of public life entirely. 

We know this is a devastating development, and we are working with our coalition partners, our grassroots volunteers, and our legal groups to figure out what options are available to fight back.ā€ 

The Human Rights Campaign reacted to this latest attack on the rights of trans Floridians in an emailed statement by HRC President Kelley Robinson:

ā€œFor years, transgender people have warned of radical anti-LGBTQ+ forcesā€™ true aim: to abuse governmental power to take away our freedoms and drive trans people out of public society,ā€ said Robinson. ā€œFrom AG Paxton hunting for private medical information of transgender children, to Floridaā€™s assault on identification documents, to Midwest lawmakers saying the quiet part out loud, these right wing extremists are no longer hiding the ball. They want to humiliate, harass, and use policy to eliminate transgender people from public life. But you cannot legislate away the community. Transgender people are powerful. They are our friends, neighbors, and family members. And we will stand arm-in-arm with them to fight back against this sinister agenda.ā€

Florida currently occupies the most dangerous level on the Transgender Legislative Risk Assessment Map, ā€œDo Not Travel.ā€ The stateā€™s oppressive laws have drawn similar travel advisories from HRC and Equality Florida. Should this policy be enforced, the stateā€™s trans population will find it even harder to move freely and could come into conflict with law enforcement and criminal penalties just for having documents that match their gender identity. The policy appears to be the latest attempt at putting trans ā€œeradication,ā€ championed at CPAC, into action within the borders of Florida.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues and community. Reed also is a social media consultant and public speaker.

Follow her on Twitter (Link)

Website here: https://www.erininthemorning.com/

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The preceding article was first published at Erin In The Morning and is republished with permission.

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Florida

Fla. bans all DEI programs at state colleges and universities

‘This is a brazenly political attack on Floridaā€™s colleges’

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Florida Education Commissioner Manny Diaz, Jr. (WFLA YouTube screenshot)

On Wednesday the Florida State Board of Education implemented strict regulations to limit the use of public funds for diversity, equity and inclusion programs, activities and policies in the Florida College System.

The rule adopted by the board defined, for the first time, DEI and affirmatively prohibits FCS institutions from using state or federal funds to administer programs that categorize individuals based on race or sex for the purpose of differential or preferential treatment. 

In a statement the board noted that its decision ā€œwill ensure that taxpayer funds can no longer be used to promote DEI on Floridaā€™s 28 state college campuses.ā€

ā€œThe State Board of Education also replaced the course ‘Principles of Sociology’ with a comprehensive general education core course in American history. The aim is to provide students with an accurate and factual account of the nationā€™s past, rather than exposing them to radical woke ideologies, which had become commonplace in the now replaced course,ā€ the statement continued.

ā€œHigher education must return to its essential foundations of academic integrity and the pursuit of knowledge instead of being corrupted by destructive ideologies,ā€ said Florida Commissioner of Education Manny Diaz, Jr. ā€œThese actions today ensure that we will not spend taxpayersā€™ money supporting DEI and radical indoctrination that promotes division in our society.ā€

Joe Saunders, senior political director for Equality Florida, responded. 

ā€œThereā€™s no surprise today that the State Board of Education, a board that has been a rubber stamp for Gov. Ron DeSantisā€™s agenda of censorship and surveillance, moved forward with another sweepingly broad rule that abolishes diversity and inclusion programs in the Florida College System,ā€ Saunders said.

ā€œThe boardā€™s rules go well beyond whatā€™s required by Gov. DeSantisā€™s already extreme SB 266, handcuffing state colleges from using any state-funded resources on diversity programs that help recruit talented faculty, support students with unique needs, and help Floridaā€™s colleges compete for national research and funding. This is a brazenly political attack on Floridaā€™s colleges, and all minorities in Florida, and is one more way state agencies have been weaponized to support Gov. DeSantisā€™s failing political ambitions. Shame on the State Board of Education for passing rules that weaken and threaten Floridaā€™s colleges in service to one more manufactured culture war,ā€ Saunders added.

The Human Rights Campaign reacted to the news, noting:

ā€œThe State Board of Educationā€™s rule is the latest in right wing attacks on programs that make college campuses inclusive, welcoming, and ensure all students and faculty have the chance to thrive. In his quest for power, Gov. DeSantis has weaponized state agencies, wielding them against the people they are there to serve, and used education as his political punching bag. This is a shameful assault on Floridaā€™s college students and staff of all backgrounds,ā€ National Press Secretary Brandon Wolf said in an emailed statement.

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