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D.C. jury convicts man for hate crime assault against gay couple

Attacker targeted male victims after seeing them holding hands

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A D.C. Superior Court jury on Dec. 12 found a 42-year-old District man guilty of two counts of bias related assault against a gay male couple on Aug. 3 after seeing the men holding hands outside the 9:30 Club in the Shaw neighborhood.

Court records show the jury also found the attacker, Franklin Siate, guilty of the offense of attempted threats against a female employee of the 9:30 Club after the woman and witnesses said he threatened to rape and murder her a short time before he targeted the two gay men.

Superior Court Judge Jennifer Di Toro, who presided over Siateā€™s trial, scheduled a sentencing hearing for Feb. 10.

Under D.C.ā€™s hate crimes law, the judge has the authority to hand down a sentence one and a half times greater than the maximum sentence for the underlying charge of assault to which he was convicted in connection with the attack against the two gay men.

Matthew Graves, the U.S. Attorney for the District of Columbia who serves as the cityā€™s chief prosecutor, referred to Siateā€™s conviction and his officeā€™s efforts to prosecute hate crimes at a Dec. 20 press briefing on D.C. crime trends for 2024 in response to a question from the Washington Blade about hate crimes.

ā€œOn the night of August 3, 2024, Siate verbally and then physically accosted multiple people outside the 9:30 Club,ā€ a statement released by the U.S. Attorneyā€™s office says. ā€œFirst, he approached a line of patrons waiting to enter the concert venue for a Taylor Swift Dance Party and started yelling at them,ā€ the statement says.

ā€œHe then turned his attention to a 9:30 Club employee and threatened to rape and murder her,ā€ the statement continues. ā€œHe then saw two men walking by, holding hands, and acting affectionately towards one another.ā€ The statement adds, ā€œSiate followed them down the block saying, ā€˜Gays cannot hold hands in my city.ā€™ Youā€™re in my living room, yelling a slur at them.ā€ 

According to the statement, Siate then ā€œpicked up a large sign outside of another establishment, lifted it over his head, and charged toward the two men.ā€ It says a D.C. police officer arrived just in time to stop Siate from physically hitting the men with the sign.

Under the D.C. criminal code, the actions by Siate against the two gay men and the woman employee of the 9:30 Club constitute a criminal offense of  assault and threat of violence even though there was no reported physical contact.

Court records show that Siate was released on the day following his arrest on his own recognizance while awaiting trial. But the records show he was arrested on a new, unrelated charge on Aug. 31 for allegedly threatening a man with a knife and assaulting a police officer. The records show he has been held in jail since that time and will remain in custody until at least the time of his Feb. 10 sentencing hearing.

The Blade reached out to the couple who were victims in the incident. They requested to be identified only by their first names, Collin, 28, and his partner, Clayton, 29.

Collin said he and Clayton went to the 9:30 Club with the hope of buying tickets for the Taylor Swift Dance Party performance, but they quickly learned  the tickets were sold out. He said the two men then began walking away from the 9:30 club when Siate saw then holding hands and began to harass them.

ā€œHe started off by saying gays canā€™t hold hands in D.C.,ā€ Collin recounted. ā€œAnd then he said gays canā€™t hold hands in my city,ā€ according to Collin, who added, ā€œAnd then he started following us. I told him to get away from us. He said, youā€™re in my living room and then he proceeded to call us ā€˜faggotsā€™ twice.ā€

A short time later, as the couple were approaching a nearby ice cream shop called Coneacopia, Siate picked up a sign outside the shop and ā€œstarted charging at usā€ with the two men fearing he was about to hit them with the sign, Collin told the Blade. At that time, a D.C. police officer arrived on the scene in his patrol car after Collin called 911 and waved at the officer as he approached the scene.

As the police officer arrived Siate ā€œruns up to the police officer and tells the officer that we were harassing him and that we were throwing rocks at him,ā€ Collin said. But after the officer took a full statement from Collin and Clayton, he put Siate in handcuffs, Collin said. He said after the first officer and other police officers who arrived on the scene and spoke with witnesses, they placed Siate under arrest.

According to Collin, ā€œIt came out to be a good evening after all the craziness.ā€ He said 9:30 Club employees, who witnessed much of the interaction between Siate, and the two gay men unfold, told Collin and Clayton, ā€œWeā€™re so sorry this happened to you guys. You can come in,ā€ allowing them to attend the Taylor Swift Dance Party show despite its sold-out status.

D.C. police records, meanwhile, show that as of Oct. 31 of this year, the most recent data available, the assault against Collin and Clayton outside the 9:30 Club was one of 40 anti-LGBTQ hate crimes reported for 2024.

The data shows that 22 of the reported incidents were based on the victimā€™s sexual orientation and 18 of the hate crime incidents were based on the victimā€™s gender identity.

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District of Columbia

Adm. Levine promotes vaccine awareness at Whitman-Walker forum

U.S. Assistant Secretary of Health is highest-ranking trans official

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Whitman-Walker officials present Adm. Rachel Levine, center, with a proclamation honoring her work as a public health official. Standing from left are Dr. Ann Bonham, Dr. Heather Aaron, Whitman-Walker CEO Naseema Shafi, and Dr. Kellan Baker. (Washington Blade photo by Lou Chibbaro, Jr.)

Dr. Rachel Levine, the U.S. Assistant Secretary of Health and the federal governmentā€™s highest-ranking transgender official, called on community leaders to join her in a campaign to promote vaccinations to curtail respiratory illness at a forum organized by the LGBTQ supportive medical center Whitman-Walker Health.

Levine, a pediatrician, was joined by four fellow physicians, three of whom are with Whitman-Walker, and an official with the LGBTQ seniors advocacy group SAGE, in a panel discussion called ā€œProtecting Our Health In the New Year: A Conversation on Flu, COVID-19, and RSV Vaccines.ā€

Among other things, Levine talked about a vaccination promotion program she is involved with at the U.S. Department of Health and Human Services called ā€œRisk Less and Do More.ā€

ā€œIā€™m extremely passionate about vaccines and the role they play in preventing respiratory illness and keeping communities healthier,ā€  Levine told the gathering, held at Whitman-Walkerā€™s Max Robinson Center.

ā€œAnd the success of ā€˜Risk Less, Do Moreā€™ is rooted in partnerships with community leaders across America who have provided reliable information to community members so that they can make the best informed decisions about their health and access one of the best tools that we have to protect our health ā€“ vaccinations,ā€ Levine said.

She noted that separate vaccines are now available for three  respiratory illnesses that can potentially be life-threatening ā€“ flu, COVID-19, and Respiratory Syncytial Virus known as RSV.

ā€œWhile aiming to limit respiratory virus spread among all Americans, the ā€˜Risk Less, Do Moreā€™ campaign has placed particular focus on high-risk populations who are at the greatest risk for becoming seriously ill,ā€ Levine said.

ā€œThis includes people who are not up to date on their vaccines, those who are 65 years and older, residents in long-term care facilities, pregnant people, those living in rural areas where healthcare access is limited, and racial and ethnic populations who are more at risk, including those in the Black and Hispanic community,ā€ she said.

A ā€œnotable uptickā€ in the three respiratory illnesses she mentioned is now occurring across the country and in Washington, D.C., Levine added. 

The others who joined Levine in the discussion were Aaron Tax, an official with SAGE; Tasliyam Adams, Senior Manager of Medical Support at Whitman-Walker; Danny Jaek, Pharmacist at Whitman-Walkerā€™s Max Robinson Center; and Dr. Kimberly Jeffries Leonard, Vice President of Administration, Black Womenā€™s Agenda.

Also participating in the discussion were Whitman-Walker physicians Heather Aaron, Ann Bonham, and Kellan Baker.

At the conclusion of the forum Whitman-Walker officials presented Levine with a poster size, framed proclamation honoring her ā€œFor Distinguished Service and Leadership In Advancing Public Health and Health Equity.ā€

Levine, who will leave her job on Jan. 20 when president-elect Donald Trump takes office, was asked by the Washington Blade if she has any advice for her successor under the new administration.

ā€œI really canā€™t comment on the new administration,ā€ she said. ā€œBut what I can comment on is the importance of vaccinations, which again has been one of the victories of public health in the 20th and 21st centuries. And so, we are very proudly talking about our Risk Less, Do More campaign for this respiratory season.ā€

Naseema Shafi, Whitman-Walkerā€™s CEO, said Whitman-Walker was honored that Levine participated in the vaccine forum.

ā€œShe has done so much to advance health in the community,ā€ said Shafi, who added, ā€œSheā€™s been a fearless leader living authentically and weā€™re really proud of the opportunity to be able to spend time with her today.ā€

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District of Columbia

Many LGBTQ residents escaping D.C. for inauguration weekend

Some fear queer spaces could be targeted by MAGA crowd

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Donald Trump at his first inauguration in 2017. (Blade file photo by Michael Key)

Donald Trump will be sworn in on the steps of the U.S. Capitol as the 47th president on Monday, becoming the second person in history to ever return to the Oval Office after losing an election. As fencing and roadblocks begin to pop up in preparation for a weekend of Trump supporters gallivanting on the National Mall and across the capital, many LGBTQ people in Washington have made plans to leave the District. 

Nick Gomez, a 27-year-old music director for iHeartRadio and host of PRIDE Radio told the Washington Blade he will leave the city for northern Maryland with a group of kickball team members. Gomez explained that this weekend being both a federal holiday (Martin Luther King Jr. Day) and a weekend when he didnā€™t want to remain in Washington, it made sense to join some friends on a trip.  

ā€œI thought that it was a small group, but it’s actually a very large group of us looking at the group chat now,ā€ Gomez said. ā€œWe’re getting a little cabin out in northern Maryland.ā€ He said 27 members of his LGBTQ Stonewall Kickball team are planning to ride out the inauguration away from Trump supporters and MAGA hats.  

ā€œNormally a little kickball team cabin weekend happens every year, but we did coordinate it to happen on inauguration weekend this year ā€” decidedly after Nov. 5 is when we booked the Airbnb,ā€ he said. 

Gomezā€™s choice to leave Washington was not a snap judgment though. For a while he contemplated what to do and if he should leave the city at all.

ā€œI’ve thought about this a lot, actually,ā€ he said. ā€œI was thinking, ā€˜What is it going to be like to live in this city while the administration is active outside of just inauguration weekend?ā€™ There was a part of me that’s like, ā€˜I don’t need to be caught up in all that. I know that that’s probably not going to be good for me. And it very well could turn into a fucking hellscape out here.ā€™ But there was another part of me that’s like, ā€˜Well, why am I going to leave? Because this is my city. I’m the one who lives here!ā€™ And that kind of went into thinking about the inauguration weekend.ā€

Gomez understood this would not be like any previous inauguration, given the inflammatory president-elect and his largely anti-LGBTQ followers.

ā€œThe difference about inauguration weekend is that this inauguration is happening on the 20th, but there’s also that rally happening on the 19th,ā€ he said. ā€œAnything that we can get caught up in on the 19th is just simply not going to be beneficial for queer people in the city, or the city itself.ā€

The twice-impeached president-elect is planning to hold a ā€œvictory rallyā€ for 20,000 supporters the day before he is sworn in. This will mark the first time Trump will speak to a crowd in Washington since Jan. 6, 2021, when groups of his supporters stormed the Capitol in hopes of overturning the fair election of Joe Biden. Trump’s fans, and their inclination to venture toward violent behavior, Gomez explains, is a large reason for why he chose to leave Washington for the weekend.

ā€œThere are going to be so many people from out of town here, people from around the country here whose only objective is to support this man. We know what that looks like when people support this man in a physical sense. If they’re going to do that for two days, I don’t need to be here for that. I also don’t need to validate their presence by welcoming them to my city.ā€

He understands that some LGBTQ community members may feel that is the exact reason to stay in Washington.

ā€œMaybe there are some differing opinions on that,ā€ Gomez added. ā€œMaybe people think, ā€˜You know what, I’m going to sit here and stand my groundā€™ and like, ā€˜This is my city no matter what.ā€™ I just think that there is a smarter way to stand my ground in my city than subjecting myself to whatever chaos is going to be here on those two days.ā€

ā€œIt’s more of a refusal to leave on my part,ā€ said Luke Stowell, 22, the queer assistant director of music at the Chevy Chase Presbyterian Church who is hunkering down in the District this weekend. ā€œI live here. I pay rent here. I’m not going anywhere, just because 650,000 Republicans are coming. This is my home.ā€

Stowell explained that he is on the side of staying in Washington for the inauguration, if nothing else to be a voice of resistance against the Trump regime.  

ā€œI almost wish that there wasn’t such a desire for exodus,ā€ they added. ā€œI wish that there were a little bit more of a ā€˜Hey, like, No, we’re actually going to stand our ground.ā€™ I appreciate the defiance, but I see it more as a defense of this territory. It’s obviously, as we know, a hugely liberal territory.ā€

Stowell has debated shifting his daily routine ahead of Sundayā€™s MAGA rally to avoid the Gallery-Place/Capital One Arena area. 

ā€œThey’re saying that there’s a big rally before the inauguration down at Capital One Arena, and that’s actually where my Planet Fitness is,ā€ they said. ā€œI’m very interested to see if I try to go to the gym on Sunday, will it even be open? Will it be overrun with MAGgots? Otherwise on Monday, I have choir. I have things to do on Monday. My life doesn’t really stop just because the inauguration is happening. Some people don’t even have time off for the MLK Day holiday. It seems so crazy that those are on the same day, but yeah, I’ll be around.ā€

Sam Parker, a 30-year-old managing strategist at a political consulting firm, chose to use this weekend to escape from the city and to get closer to his partner after experiencing the first Trump inauguration from a very close distance.

ā€œMy boyfriend and I are going to Philly for the weekend, all the way until Tuesday to avoid the inauguration, and to get out for the three-day weekend,ā€ Parker said. ā€œIt’s definitely largely predicated on the fact that I lived in Foggy Bottom the last time he was inaugurated.ā€

Parker has since moved away from any of the neighborhoods that will be fully locked down during the inauguration but would rather just avoid any repeated feeling of being locked down as he was eight years ago.

ā€œIt was entirely in the shutdown zone ā€” there were armored cars on the street. It was inescapable. My current neighborhood is probably a little lessā€¦ omnipresent. ā€¦ But I’ve kind of gotten over the idea that there’s some kind of ā€˜noble aimā€™ being witness to all this stuff, and that it’s kind of better for my mental health to just get out of town. Also, politics aside, it feels like the town gets kind of locked down for an inauguration. It is kind of nice to use some Amtrak points and go somewhere else. Have a less stressful weekend.ā€

Justin Westley, a 28-year-old fundraising professional for an environmental NGO, is also using this weekend as an opportunity to grow closer to their boyfriend, Matt. Matt, who works for the federal government, requested anonymity due to concerns about potential repercussions for speaking out against the incoming administration, but wholeheartedly agreed about wanting to leave the city ahead of Trumpā€™s arrival. 

ā€œWe’re going to Boston this weekend,ā€ Westley said. ā€œWe’re visiting Mattā€™s sister, who lives up there. Weā€™re going to stay and visit for a while, and this just seemed like a good opportunity. It’s very practical, because we were wanting to see Matt’s sister anyway. ā€¦ I know most of our friends are either doing cabin trips or small weekend getaways anyway. We probably would have left regardless. I do think going to Massachusetts, a very blue state, and Boston, a very blue city, will be nice to not have to worry at all about interacting with those people [Trump supporters] on the day-to-day.ā€

ā€œYeah,ā€ Matt agreed. ā€œVisiting a city that has voted primarily blue the past several elections offers a political comfort. But also, there’s a fun aspect of exploring a new city. Justin’s never been there. And then there’s comfort there ā€” visiting a family member. That’s also just kind of like a safety net.ā€

Matt added that he has already seen law enforcement begin taking precautions in the District ahead of Mondayā€™s events, solidifying the choice to leave ahead of whatever the weekend holds.

ā€œI actually live pretty close to the White House, in the general Logan Circle area, and they’ve been testing drones,ā€ Matt said. ā€œI remember seeing the news articles that they’re going to be testing them throughout the week, leading up to the inauguration. I haven’t been down near the actual mall, but the traffic patterns have already changed, just walking around the neighborhood. And the transportation agency has released what streets are going to be closed and navigating the area around my apartment is just going to be a nightmare.ā€

This caused Westley to reflect on where he, and the city, was four years ago. 

ā€œIā€™ve just been thinking back to Jan. 6 ā€” the disrespect, the terrorism, the white supremacy, but also just the disrespect toward the people who live here,ā€ Westley said. ā€œFour years later, after all of that, these people are going to be coming back under the presumption of ā€˜Welcome to the city!ā€™ For the first Trump administration, I lived in Nashville and in Pittsburgh. Those are both red and like purple states, respectively. The cities themselves truly did feel likeā€¦ not being in a bubble, but like, a true insulated community where I wasn’t on edge about seeing Trump supporters ā€” like MAGAs in the streets necessarilyā€¦There is just going to be a lot more Trump supporters [in Washington], and that just makes me feel a lot less secure.ā€ 

Despite feeling less secure this time around, Westley echoed Parkerā€™s earlier sentiment on the importance of prioritizing his mental health while navigating this weekend, and the next four years.  

ā€œWhile I can’t control being around staffers in the streets for the next four years, I can control when I’m around the sort of enthusiastic supporter that would be coming to the inauguration,ā€ Westley said. ā€œRemoving myself from the situation felt like the healthiest thing for me, especially thinking about the next four years and for the energy that I’ll have to devote to protecting the people I love, the people close to me, as well as the community more broadly. I want to make sure that I’m starting that from a place of safety and resilience and not fear.ā€

Stephen Hayes, 37, a non-profit fundraising professional, will use the long holiday weekend to celebrate his wedding anniversary and avoid unnecessary political conflict with people who may not support him and his husband.

ā€œI had already planned on going out of town this weekend,ā€ Hayes told the Blade. ā€œIt’s my husband and my 11th wedding anniversary. We got married in New York and we return every year for our anniversary. Our anniversary happens to fall in the middle of the week, so we’re going the weekend prior.ā€

Hayes initially was more hopeful the country would go in a different direction than a second Trump presidency and kept that in mind when originally planning his anniversary weekend.

ā€œI had originally planned to return in time for the inauguration, because I was hopefully optimistic that things would go the other way. But once we learned that they didn’t go the way that I’d like, I changed my plans to extend my stay in New York through the inauguration and return the following day, hopefully avoiding most of the people who will be here in town for the event.ā€

This trip, Hayes recalls, seems to be very similar to his holiday weekend during Trumpā€™s first inauguration two terms ago. 

ā€œIt’s kind of funny because eight years ago I was in New York during some of the first protests [against Trump] with the ā€˜pussy hat/pink hatā€™ protests that took place in New York,ā€ he said. ā€œI wasn’t planning to be there during the inauguration, and I wasn’t yet a D.C. resident, but now it will be interesting to be in New York City again for the inauguration.ā€ 

ā€œIt feels like there’s a lot of unknown right now,ā€ Hayes added. ā€œPersonally, I kind of have my guard up. The people coming to town might not be as friendly as your average visitor so I would just be hyper vigilant. Be aware of what’s going on around you. I want to say that queer spaces are safe spaces, but they might be a targeted place. I don’t think that’s going to happen, but the pessimist in me says be prepared.ā€

ā€œIt is super easy to feel really helpless and we’re all allowed to feel helpless, but eventually something has to come of that helplessness,ā€ Gomez added. ā€œI have no doubt that the queer community in this city will do that, and something will come out of it. But I think if there’s anything that I would want to share just from my personal experience over the last however many weeks, it’s that helplessness is OK, and it will not last forever. There’s an entire city of people around you that are there to lean on.ā€

Trumpā€™s inauguration happens Monday, Jan. 20 at noon on the Capitol steps. If youā€™re staying in town, Metro has released information regarding the change in transportation schedules ahead of the three-day weekend. 

ā€œMetro is prepared to move customers for Inauguration Day with additional train service and earlier hours,ā€ WAMATA announced. ā€œPer the request of the United States Secret Service and the United States Capitol Police, Metrorail will open at 4 a.m. on Monday, Jan. 20 to accommodate the crowds. Five stations will be closed, and trains will bypass these stations for security reasons from Sunday, Jan. 19 at 8 p.m. until 5 a.m. on Tuesday, Jan. 21: McPherson Square (Blue, Orange, Silver lines),  Federal Triangle (Blue, Orange, Silver lines), Smithsonian (Blue, Orange, Silver lines),  Mt. Vernon Sq.-Convention Center (Green, Yellow lines),  Archives-Navy Memorial (Green, Yellow lines).ā€

For more information on public transportation in Washington ahead of the holiday weekend, visit inauguration.dc.gov/ or wmata.com/service/inauguration-2025. 

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District of Columbia

D.C. police demoted gay captain for taking parental leave: Lawsuit

Department accused of engaging in ā€˜effort to harass, retaliateā€™

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D.C. Police Captain Paul Hrebenak (right) embraces his husband, James Frasere, and the couple's son. (Courtesy photo)

A gay police captain on Dec. 31 filed a lawsuit in federal court accusing the D.C. Metropolitan Police Department of illegally demoting him and subjecting him to harassment and retaliation for taking parental leave to care for his newborn son.

The 16-page lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the U.S. Constitutionā€™s Equal Protection Clause by refusing to allow him to return to his position as director of the departmentā€™s School Safety Division upon his return from parental leave.

The lawsuit states that he received full permission to take parental leave from his supervisor. Hrebenakā€™s attorney, Scott Lempert, with the D.C.-based legal group Center for Employment Justice, said Hrebenakā€™s transfer to another police division against his wishes, which was a far less desirable job, was the equivalent of a demotion, even though it has the same pay grade as his earlier job.

D.C. police spokesperson Thomas Lynch said police will have no comment at this time on the lawsuit. He pointed to a longstanding D.C. police policy of not commenting on pending litigation.

Casey Simmons, a spokesperson for the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, said the Attorney Generalā€™s Office also does not comment on ongoing litigation. ā€œSo, no comment from us at this time,ā€ she told the Blade. 

Hrebenakā€™s lawsuit, filed in U.S. District Court for the District of Columbia, states that ā€œstraightā€ police officers have routinely taken similar family and parental leave to care for newborn children and have not been subjected to the unfair and illegal treatment to which it claims Hrebenak was subjected.

The lawsuit states that Hrebenak has served with distinction as an officer and later as captain since he first joined the force in July 2007. It says after receiving ā€œoutstanding reviews and promotionsā€ he was promoted to captain in November 2020 and assigned to the School Safety Division in September 2022.

According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohnā€™s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohnā€™s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.  

ā€œWhen my husband and I decided to have a child, and I used my allotted D.C. Paid Family Leave and Federal Family Leave, I was punished and removed from a preferred and sought after position as Director of the School Safety Division,ā€ Hrebenak told the Washington Blade in a statement.

ā€œMy hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,ā€ he wrote. ā€œI am the first gay male D.C. Police manager (Captain or Lieutenant) to take advantage of this benefit to welcome a child into the world,ā€ he states, adding, ā€œI want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.ā€

The lawsuit states that in addition to not being allowed to return to his job as director of the School Safety Division upon his return from leave, ā€œhe was also required to work the undesirable midnight shift, as a Watch Commander, requiring him to work from 8:00 p.m. to 4:30 a.m.ā€

Watch Commander positions are typically given to lieutenants or newly promoted captains, the lawsuit says, and not to more senior captains like Hrebenak.

ā€œPlaintiffā€™s removal as Director of MPDā€™s School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,ā€ the lawsuit concludes. ā€œThere was no operational need by MPD to remove Plaintiff as Director of MPDā€™s School Safety Division, a position in which plaintiff very successfully served for years.ā€

The lawsuit identifies the police official who refused to allow Hrebenak to resume his job as director of the School Safety Division and reassigned him to the less desirable position on the midnight shift as Deputy Chief Andre Wright.

The Blade couldnā€™t immediately determine whether D.C. Police Chief Pamela Smith, who has expressed strong support for the LGBTQ community and for LGBTQ people working on the police force, would have supported Wrightā€™s actions toward Hrebenak.

The lawsuit adds that Hrebenakā€™s transfer out of his earlier job to the night shift position ā€œwas humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.ā€

The lawsuit, which requests a trial by jury, says, ā€œDefendantā€™s actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.ā€

It calls for his reinstatement as director of the Division of School Safety or assignment to a similar position and $4.3 million in compensatory and punitive damages, including interest, attorneyā€™s fees, and court related costs.    

Lempert, Hrebenakā€™s attorney, said it was too soon to determine whether U.S. District Court Judge Randolph D. Moss, who is presiding over the case, will require the two parties to enter negotiations to reach an out-of-court settlement.

In past cases in which LGBTQ people have filed lawsuits against D.C. government agencies on grounds of discrimination or improper treatment, local LGBTQ activists have called on the D.C. government to reach a fair and reasonable settlement to address the concerns raised by those filing the lawsuits.

Richard Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance, said he believes the city is ā€œin the wrongā€ on this case and should agree to a settlement if the judge calls for settlement negotiations.

ā€œIf anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,ā€ Rosendall told the Blade. ā€œEqual protection means nothing if it is subject to arbitrary suspension at a supervisorā€™s whim,ā€ he said.

ā€œAdditionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,ā€ Rosendall said.

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