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

Department accused of engaging in ‘effort to harass, retaliate’

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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. Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’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. Hrebenak’s attorney, Scott Lempert, with the D.C.-based legal group Center for Employment Justice, said Hrebenak’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 General’s Office also does not comment on ongoing litigation. “So, no comment from us at this time,” she told the Blade. 

Hrebenak’s lawsuit, filed in U.S. District Court for the District of Columbia, states that “straight” 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 “outstanding reviews and promotions” 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 Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.

The lawsuit points out that Hrebenak disclosed he had Crohn’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.  

“When 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,” Hrebenak told the Washington Blade in a statement.

“My hope is by filing this lawsuit I can hold MPD and the D.C. Government accountable,” he wrote. “I 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,” he states, adding, “I want to take this action also so that fellow officers can enjoy their families without the fear of being unfairly treated.”

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, “he 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.”

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

“Plaintiff’s removal as Director of MPD’s School Safety Division was a targeted, premeditated punishment for taking statutorily protected leave as a gay man,” the lawsuit concludes. “There was no operational need by MPD to remove Plaintiff as Director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years.”

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 couldn’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 Wright’s actions toward Hrebenak.

The lawsuit adds that Hrebenak’s transfer out of his earlier job to the night shift position “was humiliating and viewed as punishment and a demotion by Plaintiff and his co-workers.”

The lawsuit, which requests a trial by jury, says, “Defendant’s actions were willful and in bad faith, causing Plaintiff to suffer lost wages and benefits, and severe physical, mental, and emotional anguish.”

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, attorney’s fees, and court related costs.    

Lempert, Hrebenak’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 “in the wrong” on this case and should agree to a settlement if the judge calls for settlement negotiations.

“If anyone should be demoted, it is whoever decided to punish Captain Hrebenak for exercising his parental rights,” Rosendall told the Blade. “Equal protection means nothing if it is subject to arbitrary suspension at a supervisor’s whim,” he said.

“Additionally, the rule of law is undermined when those sworn to enforce it act as if they are a law unto themselves,” Rosendall said.

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District of Columbia

D.C. Pride flag raising ceremony set for June 1

Mayor, council members to participate

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D.C. Mayor Muriel Bowser at the flag-raising of the Progress Pride flag at the Wilson Building in D.C. on June 1, 2023. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs is inviting the LGBTQ community and friends to attend the city’s annual Pride flag raising ceremony scheduled for 4 p.m. Monday, June 1, outside the John Wilson Building that serves as the D.C. City Hall.

Like in prior years, members of the D.C. Council and officials with the Office of LGBTQ Affairs were expected to join Bowser in delivering remarks on the front entrance steps at the Wilson Building before raising the Pride flag atop one of the tall flagpoles next to the building’s entrance.

Gaby Vincent, a spokesperson for the LGBTQ Affairs Office, said attendees of the flag raising ceremony will be invited to attend a reception immediately following the ceremony in the main lobby of the Wilson Building, which is located on Pennsylvania Avenue at 14th Street, N.W.

She said the reception will feature a DJ, dancing, and refreshments provided by the D.C. LGBTQ bar and café Spark Social House.  

Vincent said the flag raising event will also mark the 20th anniversary of the opening of the D.C. Mayor’s Office of LGBTQ Affairs.

In its official announcement of the flag raising event the LGBTQ Affairs Office also announced it is hosting the 7th annual District of Pride Showcase event to be held Friday, June 17, at 7 p.m. at the Lincoln Theater.

The announcement says LGBTQ community members, families, and allies are also invited to walk with Bowser in the Capital Pride Parade scheduled for Saturday, June 20. It says the mayor’s parade contingent will assemble at 2 p.m. at the parade’s starting location at 14th and U Streets, N.W.

“As we also celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs, we invite residents, community members, families and allies to join us throughout June for moments of pride, connection, visibility, and joy,” the announcement says.  

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District of Columbia

‘Queer Love’ campaign launched to address domestic violence

D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28

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‘Domestic and family violence in LGBTQ+ communities is real and too often invisible,’ said Cesar Toledo, the Alston Foundation’s executive director. (Photo courtesy of Toledo)

The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.

 In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28. 

“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”

He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”

The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28,  from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.

“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event. 

The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.        

It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.

 The resources and information provided by the project can be accessed at www.queerlove.org.

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District of Columbia

Man accused of threatening to shoot D.C. bar employee after making anti-gay slurs

May 24 incident took place near Black Pride events on U Street

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(Bigstock photo)

D.C. police on Sunday, May 24, at around 4:20 p.m. arrested a Maryland man for allegedly threatening to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar at 1211 U St., N.W.

According to a statement released by police and a police incident report, the arrested man, identified as Delonte Fraley, 32, of Accokeek, Md., made the threats after the employee told a bartender not to serve the man alcohol.

“The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee,” the police statement says. “When the employee left the restaurant for the day, the suspect was standing near the employee’s vehicle,” it says.

“The employee returned to the restaurant and called the police,” the statement continues. “The suspect was apprehended by responding officers,” it says.

The police statement says the arresting officers charged Fraley with Felony Threats (Hate/Bias).

D.C. Superior Court records show prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. criminal cases, escalated the charge to Threatening to Injure or Kidnap a Person (Bias-Related Hate Crime).

The incident occurred during Memorial Day weekend when thousands of visitors and D.C. area LGBTQ advocates and supporters were attending D.C. Black Pride events held in locations across the city, including Black Pride parties hosted by LGBTQ bars in the U Street entertainment area near Ben’s Next Door.

Among the nearby LGBTQ bars hosting D.C. Black Pride events were Nellie’s Sports Bar and Thurst Lounge. Ben’s Next Door is located next to the popular longtime U Street eatery Ben’s Chili Bowl.

Court records show that Judge Robert R. Rigsby at a May 25 presentment hearing released Fraley on personal recognizance with a stay-away order — the details of which were not publicly disclosed pending a June 4 preliminary hearing.   

A more detailed arrest affidavit filed in court by D.C. police says Fraley allegedly confronted the employee at Ben’s Next Door with anti-gay slurs on the day prior to his arrest.

“The complainant told the defendant that because he used homophobic slurs towards himself previously on May 23, 2026, and his hostess, as well as making threats to the complainant and calling him a faggot, he was unable to stay in the establishment,” the affidavit states.

It adds, “The defendant became irate stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The affidavit says the complainant confirmed to police the Tesla referred to by Fraley was his vehicle. It says as the victim walked toward his car after getting off work, he saw Fraley standing directly in front of the car.

“The complainant stated he felt unsafe while the defendant was standing in front of his vehicle because he felt the defendant was capable of carrying out those threats,” says the affidavit. It says the victim then decided to return to the restaurant and call police without the defendant having seen him.  

“The defendant was placed under arrest for Felony Threats Hate/Bias and was transported to the Third District Station for processing,” the affidavit concludes.

It couldn’t immediately be determined whether the victim identifies as LGBTQ or whether any of the Ben’s Next Door patrons had been involved with D.C. Black Pride.

“Established in 2008, Ben’s Next Door is a family-owned and operated restaurant and bar on U Street, Northwest in Washington, D.C.,” a statement on its website says. “As a Black-owned establishment, it’s our goal to deliver a warm, welcoming, familiar, and communal vibe to all guests,” the statement says.    

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