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Trans woman sues officials over abusive treatment in Baltimore jails

Lawsuit says sexual assault occurred after she was placed in all-male dorm

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Attorney Eve Hill (standing at podium), representing Chelsea Gilliam (seated on left), speaks at a news conference last week announcing a lawsuit.

A lawsuit filed in federal court in Baltimore on April 18 charges the Maryland Department of Public Safety and Correctional Services and seven of its high-level officials with subjecting a transgender woman to “cruel and unusual punishment” during the six months she was held in two Baltimore jails.

The lawsuit, filed on behalf of Chelsea Gilliam, 33, says Gilliam was arrested in December 2021 on an assault charge and was being held while awaiting trial at the Baltimore City Correctional Center and the Maryland Reception, Diagnostic and Classification Center.

“Both facilities refused to accept Ms. Gilliam’s legally changed name and her gender identity,” according to a statement by the Baltimore law firm Brown, Goldstein & Levy, which is representing Gilliam. “While at the Baltimore jail, Ms. Gilliam was placed in a dormitory of all men for three months, from December 2021 to early February 2022,” the statement says.

“Despite her femininity and gender identity as a woman, Ms. Gilliam was forced to live and shower with male inmates,” the statement continues. “During this time, she was harassed by both officers and inmates and ultimately sexually assaulted by another inmate,” it says.

“The jail took no action when Ms. Gilliam reported the assault. She was also denied her hormone treatment,” the statement says.

The statement, which provides a summary of the 35-page lawsuit filed in the U.S. District Court for the District of Maryland, says that in February 2022, Gilliam was moved to the Maryland Reception, Diagnostic and Classification Center in Baltimore, which serves as an intake prison for male inmates, according to its website.

It says that during her entire time there Gilliam was placed in segregation, which is a form of solitary confinement, solely because she is transgender.

“Officers shackled Ms. Gilliam by the hands, waist and ankles each time she left her cell, even though she never violated the facility’s rules,” the statement says. “Ms. Gilliam suffered a great deal of anxiety and distress from these experiences,” it says.

The lawsuit alleges that Gilliam was subjected to “cruel and unusual” treatment in violation of the 14th Amendment of the U.S. Constitution and in violation of the Americans With Disabilities Act based on her status as a transgender person with the condition of gender dysphoria.

“Ms. Gilliam received hormone treatments for her gender dysphoria for 18 years prior to her incarceration and has continued to receive hormone treatments since her release,” the lawsuit says. Among other things, it cites reports from experts in the field of medicine and mental health stating that hormone treatment is needed for most people with gender dysphoria and the denial of such treatment is harmful to individuals receiving it.

The lawsuit also states that in their action or lack of action that placed Gilliam in danger while she was incarcerated, corrections officials failed to comply with existing regulations that specifically call for taking steps to protect transgender inmates from potential harm.

Court records show that Gilliam pleaded guilty to a charge of second-degree assault on May 12, 2022, and was sentenced to supervised probation and released.

Eve Hill, the attorney representing Gilliam, told the Washington Blade that Carolyn Scruggs, the current Secretary of the Maryland Department of Public Safety and Correctional Services (MDPSCS), who is named as a defendant in the lawsuit, was appointed to her position in January by the state’s newly elected governor, Wes Moore. Moore has been a longtime supporter of the LGBTQ community.

“We would hope that such a strong supporter of LGBTQ+ rights would want to resolve this matter and make the state’s correctional facilities safe for transgender people, but we have received no response from our overture,” Hill told the Blade.

Hill said that under the federal court system, it is up to the judge to determine the extent of mediation or negotiation that may be required to potentially resolve a lawsuit through a settlement before it goes to trial.

Shortly after the lawsuit was filed, the MDPSCS released a statement saying it could not comment specifically on a pending lawsuit but said it “takes very seriously – and treats with urgency – the protection of every single incarcerated person’s dignity and safety.”

The statement adds, “The Department has met with advocacy groups and has tirelessly worked on the complex issues related to the transgender incarcerated population and is committed to updating its policies as necessary based on correctional and medical professionals’ recommendations to ensure safety of everyone in our facilities.”

The statement concludes by saying MDPSCS is audited by Department of Justice certified auditors that audit one-third of the state’s correctional facilities each year. It says the department “is not aware of any facility that has ever received a corrective action for a transgender related issue.”

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Maryland

Harford school board appeals state’s book ban decision to circuit court

5-2 ruling in response to ‘Flamer’ directive

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The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay. (Photo by Kristen Griffith for the Baltimore Banner)

By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.

The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.

The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

Salisbury, Md. rainbow crosswalk removed on Veterans Day

Mayor’s order denounced by LGBTQ activists as act of bigotry

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Salisbury Mayor Randy Taylor ordered the removal of the rainbow crosswalk. (Screen capture via PAC 14/YouTube)

Under the directive of its mayor and over strong objections from LGBTQ rights advocates and their supporters, the city of Salisbury, Md. on Nov. 11 removed a rainbow crosswalk from a prominent intersection across from the mayor’s office and the city’s public library. 

Salisbury LGBTQ rights advocate Mark DeLancey, who witnessed the crosswalk removal, said instead of painting over it as other cities have done in removing rainbow crosswalks, a powerful grinding machine was used to rip apart the asphalt pavement under the crosswalk in what he believes was an effort by the mayor to “make a point.”

Like officials in other locations that have removed rainbow crosswalks, Salisbury Mayor Randy Taylor said the crosswalk removal was required under U.S. Department of Transportation regulations put in place by the Trump administration that do not allow “political” messages on streets and roadways.

“Since taking office, I’ve been transparent about my concerns regarding the Pride crosswalks installed in Downtown Salisbury,” Taylor said in a statement. “While I have made every effort to respect the decisions of previous administrations and the folks that supported them, it has become clear that a course of correction – as planned – is necessary to align with current Department of Transportation standards for roadway markings,” he said in his Nov. 7 statement that was posted on the city’s Facebook page.

DeLancey is among the activists and local public officials in many cities and states that dispute that the federal Department of Transportation has legal authority to ban the Pride crosswalks. D.C. and the Northern Virginia jurisdictions of Arlington and Alexandria are among the localities that have refused to remove rainbow crosswalks from their streets.

“He decided to take this on himself,” DeLancey said of Taylor’s action. “It’s not a law. It’s not a ruling of any kind. He just said that was something that should happen.”

DeLancey points out that Salisbury became the first jurisdiction in Maryland to install a  rainbow crosswalk on a public street in September 2018.

“This is another blatant attempt by our Republican mayor to remove any references to groups that don’t fit with his agenda,” Salisbury LGBTQ advocate Megan Pomeroy told the local publication Watershed Observer. “The rainbow crosswalk represents acceptance for everyone. It tells them, ‘You matter. You are valued. You are welcome here,’” she was quoted as saying.

The publication Delmarva Now reports that a longtime Salisbury straight ally to the LGBTQ community named K.T. Tuminello staged a one-person protest on Nov. 10 by sitting on the sidewalk next to the rainbow crosswalk holding a sign opposing its removal.

“Tuminello said Nov. 10 he had been at the embattled crosswalk since 12 a.m. that morning, and only three things could make him leave: ‘I get arrested, I have to get into an ambulance because of my medical difficulties, or Randy Taylor says you can keep that one rainbow crosswalk,’” the Delaware Now article states.

DeLancey said he has known Tuminello for many years as an LGBTQ ally and saw him on the night he staged his sit-in at the site of the crosswalk. 

“I actually went to him last night trying to give him some water,” DeLancey told the Washington Blade. “He was on a hunger strike as well. He was there for a total of 40 hours on strike, not eating, no sleeping in the freezing cold” 

Added DeLancey, “He has been supporting our community for decades. And he is a very strong ally, and we love his contribution very much.”

Political observers have pointed out that Salisbury for many years has been a progressive small city surrounded by some of Maryland’s more conservative areas with mostly progressive elected officials.

They point out that Taylor, a Trump supporter, won election as mayor in November 2023 with 36.6 percent of the vote. Two progressive candidates split the vote among themselves, receiving a combined total of 70.8 percent of the vote.  

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Maryland

Democrats hold leads in almost every race of Annapolis municipal election

Jared Littmann ahead in mayor’s race.

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Preliminary election results from Tuesday show Democrats likely will remain in control of Annapolis City Hall. Jared Littmann thanks his wife, Marlene Niefeld, as he addresses supporters after polls closed Tuesday night. (Photo by Rick Hutzell for the Baltimore Banner)

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.

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