District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The 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 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.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. 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.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “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,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflict involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
District of Columbia
Over 2,000 turn out for Hands Around the Kennedy Center protest
Drag performer Tara Hoot serves as MC, Gay Men’s Chorus of DC performs, attendees shout for Trump to keep ‘hands off’ Kennedy Center
More than 2,000 supporters of the John F. Kennedy Center for the Performing Arts turned out on Sept. 18, for a rally in support of the performing arts center and a vocal protest against President Donald Trump’s threats to permanently close the center and possibly demolish it.
The event was organized by a group called Hands Off the Arts, which initially called for participants to form a “human chain” around the Kennedy Center’s main building following a rally on the plaza in front of the building.
However, due to a decision by the Trump-controlled Kennedy Center’s board of trustees to close the center earlier in the week and install fencing around part of the building, participants could only form the chain around part of the building, according to organizers.
Drag performer Tara Hoot, who co-organized the event and served as master of ceremonies for the rally preceding the “human chain,” said the large turnout could have fully surrounded the building at least twice had the fencing not prevented a full encirclement.
Among the musicians and singing groups that performed at the rally was the Gay Men’s Chorus of Washington, which, like other rally performers, had performed at the Kennedy Center in past years. They drew loud applause after singing one of their favorite songs from the Broadway musical show Ragtime, which includes the lyrics, “Will justice be demanded by 10 million men? Make them hear you. When they hear you, I’ll be near you again.”
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Prior to their performance, Gay Men’s Chorus of Washington’s artistic director, Thea Kano, spoke at the rally, reminding participants that shortly after the Trump takeover of the center last year, Kennedy Center officials cancelled a concert the chorus was scheduled to perform there for World Pride 2025.
A Kennedy Center spokesperson said the cancellation was due to a scheduling conflict, but chorus members and LGBTQ activists believe it resulted from policies put in place by Trump and his leadership team at the Kennedy Center following Trump’s statements that he would end controversial “woke” performances that he claimed the majority of Americans disapprove of.
“Now this building sits empty in silence,” Kano told the crowd at the rally. “Let us raise our voices together and bring back the Kennedy Center as it was intended, a place where American culture could be celebrated and elevated, embracing the vibrancy with the spectrum of identify without censure and without politics,” she said.
Among the others who spoke at the rally were U.S. Rep. Don Beyer (D-Va.), U.S. Rep. Jonathan Jackson (D-Ill.), and D.C. Councilmember Robert White (D-At-Large).
Most speakers, along with LGBTQ participants in the hands-around-the-building event expressed strong opposition to Trump’s demand that the Kennedy Center name be changed from the John F. Kennedy Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.
At Trump’s request, his appointed board initially made that name change and placed Trump’s name on the front wall of the building along with the Kennedy name. But following legal action taken by opponents who pointed out that Congress must approve such a name change, a judge ordered the removal of Trump’s name from the building. Trump has said he will take steps to reverse that order and has said he will stop plans to renovate the Kennedy Center building and possibly demolish it if his name is not restored in the Kennedy’s Center’s official name.
Throughout the Sept. 18 rally, LGBTQ participants repeatedly responded to the Trump threats by shouting, “Hands Off!”
Chris Raleigh, one of the founders of Hands Off the Arts and a lead organizer of the Sept. 18 event at the Kennedy Center who spoke at the event told the Washington Blade that more similar events are being planned and he welcomes the support the event has received from the LGBTQ community.
“The LGBTQ community was here first, and we’re following them,” he said. “They’ve been the spearhead; they’ve been the vanguard. And I’m so thankful for heroes like Tara Hoot,” he said, adding, “It’s because they know what it means and how this is a safe place – the theater – for many LGBTQ people.”
The DMV’s own furry group was on full display on the Metro on Sept. 12.
Shutterpaws is a volunteer-led 501(c)(3) non-profit organization located in Maryland.
The furry group has been doing the FurRide event since 2024 and has blown up in popularity for furries around DMV. They showcased themselves on the Silver and Blue Lines near the Smithsonian on Sept. 12.
“A lot of careful planning goes into running these events, with the goal being a seamless and enjoyable experience for everyone who attends,” says Zayre, a Shutterpaws staff member. “There’s a lot that you learn just by trial and error, and as Shutterpaws hosts more and more events, our team of event organizers continues to learn and refine our approach to keep things running smoothly and finding new ways to engage with our community.”
With a larger growth of participation in the community comes many challenges with the group, especially when it comes to the Metro rides and organizing.
“The biggest challenge that we face as organizers is keeping things fresh and finding new and engaging venues to host events,” says Zayre. “Recently we saw a lot of success hosting a meet at On Target Battlezone, an indoor NERF gun battle arena where our crew was welcome to show up and play both with and without a fur suit.”
Nevertheless, Shutterpaws receive overwhelming support from the community and partners.
“Across the DMV there are so many amazing places to host a Shutterpaws event so we can pursue our mission of helping connect fur suiters and photographers, and we’re blown away with the amount of support we’ve received from our community partners,” says Zayre.
Shutterpaws plans to do more events for anyone in the DMV who is interested.
Their next event in collaboration with DC Fur Meet will take place at Pitchers (2317 18th St., N.W.) on Saturday. Visit Shutterpaws’ website for more information.
District of Columbia
Hands Off the Arts to form ‘human chain’ around Kennedy Center
Drag performer Tara Hoot among event organizers
An organization called Hands Off the Arts has announced it is holding a protest on Friday, Sept. 18, in which between 400 and 800 participants are expected to create a “human chain” around the Kennedy Center to voice their strong objection to President Donald Trump’s call for possibly demolishing the Kennedy Center.
“Hands Off the Arts is organizing a rally Sept. 18 against the president’s defacing of JFK’s memorial, his removal and censorship of art, and the threat to demolish the center if he can’t remake the site in his image,” a statement released by the group says.
The statement says the event will start with a rally at 6:30 p.m. on the Kennedy Center steps and culminate with a “human chain” around the building. “There will be musical performances, testimonials from current and former employees, along with other special guest speakers,” it says
A separate announcement by the group says longtime D.C. drag performer Tara Hoot, who has performed at the Kennedy Center in past years, was among the organizers of the Sept. 18 protest.
The planned protest follows Trump’s decision last year to use his authority to replace the existing members of the Kennedy Center’s board of directors with new members loyal to him. Over the objection of longtime Kennedy Center supporters, the Trump-appointed board changed the name of the center, at Trump’s request, from the John F. Kennedy Memorial Center for the Performing Arts to the Donald J. Trump and the John F. Kennedy Center for the Performing Arts.
But following the threat of legal action by opponents who pointed out that the name change could not be legally made unless approved by Congress, the name change was cancelled, with Trump saying he would take steps to restore it later.
The Washington Post, meanwhile, reports in a Sept. 13 news story that because of negative publicity related to Trump’s actions, the Kennedy Center was facing “fiscal collapse” and possible bankruptcy and could be forced to shut down as early as this week.
According to the Post report, a 57-page document presented to the Kennedy Center’s board of trustees says the center was facing a financial and structural building crisis, with the recent collapse of part of the building’s inside ceiling, indicating the building was unsafe for employees and the public. Among other things, the document says the Kennedy Center may not be able to make payroll or pay for routine maintenance “within a matter of weeks,” the Post reports.
Some LGBTQ advocates were among those who joined others in boycotting the Kennedy Center to express their objections to Trump’s actions, including a statement by Trump that he objected to the Kennedy Center’s practice of hosting drag performances.
The Gay Men’s Chorus of Washington has been among the LGBTQ performing arts groups and artists that have performed at the Kennedy Center.
“With the future still very much uncertain, now more than ever, the Center needs you to stand up for freedom of expression and against authoritarian overreach into arts and culture institutions,” the Hands Off the Arts group says in its announcement of the Hands Around the Kennedy Center protest.
“You have the opportunity to make a difference — show up with Hands Off the Arts and show your power as part of Hands Around the Kennedy Center,” it says.
A spokesperson for the Kennedy Center couldn’t immediately be reached for comment.
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