National
Parole denied for man who murdered gay sailor in 1992
Commission receives more than 100 messages opposing release of killer
A five-member U.S. Parole Commission voted 4-1 on March 7 to deny parole to a former U.S. Navy sailor sentenced to life in prison for the 1992 anti-gay murder of fellow U.S. Navy sailor Allen Schindler while the two were stationed in Japan.
The decision by the Parole Commission, which is an arm of the U.S. Department of Justice, came 18 days after a Feb. 17 hearing in which one of its members issued a recommendation that former Navy Airman Apprentice Terry M. Helvey be approved for parole and released from prison Oct. 26, 2022.
Schindler’s surviving mother, sister, and niece, who strongly opposed parole for Helvey, noted that the one commission member’s recommendation for parole marked the first time such a recommendation had been made in the 29 years since Helvey pleaded guilty to the murder in exchange for an offer by military prosecutors not to seek the death penalty.
After becoming alarmed that the commission might approve parole, for which Helvey has applied and for which he has been denied nearly every two years for the past 20 years, the Schindler family members immediately reached out to the LGBTQ community and others asking people to send email messages and letters to the Parole Commission opposing parole for Helvey.
Kathy Eickhoff, Schindler’s sister, told the Washington Blade that a Parole Commission staff member informed her that the commission received at least 110 email messages and over 30 phone calls from members of the community expressing strong opposition to parole for Terry Helvey.
In response to a request by the Blade for the reason why the Parole Commission denied parole for Helvey at this time, Nicole Navas Oxman, a commission spokesperson, said the “USPC found that one of the criteria to deny parole at 18 U.S.C. Section 4206 (d) applied to his case.”
Navas Oxman was referring to a section of the federal law that sets criteria for eligibility for parole for people serving in federal prisons. The section to which she referred says prisoners serving a term of more than 45 years, including a life term, become eligible for parole after serving 30 years.
But the section also states, “Provided, however, that the Commission shall not release such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime.”
Navas Oxman did not say which of the two disqualifying criteria the Parole Commission invoked to deny parole for Helvey. But Eickhoff, Schindler’s sister, has said that Helvey has cited his good behavior and involvement in prisoner education and mentoring programs as reasons why he should be approved for parole. That would suggest that the Parole Commission denied parole for Helvey because it believes there’s a “reasonable probability” that Helvey could commit a crime if he’s released.
When asked if the large number of email messages and phone calls from members of the community opposing parole for Helvey played a role in the commission’s decision, Navas Oxman said only, “The commission made its decision after reviewing all of the information in his case file.”
At the time of the murder, Naval investigators disclosed that Helvey and another one of Schindler’s shipmates, Airman Charles Vins, attacked Schindler on Oct. 27, 1992, in a men’s bathroom at a public park in Sasebo, Japan near where their ship, the U.S. Bellow Wood, was docked.
According to a Naval investigative report, a witness saw Helvey repeatedly stomp on Schindler’s head and body inside the bathroom. An autopsy later found Schindler’s head and face were crushed beyond recognition, requiring that his body be identified by a known tattoo on his arm.
The attack and murder took place after Schindler, 22, had been subjected to harassment and threats of violence on board the ship when rumors surfaced on the ship that Schindler was gay, and the ship’s captain ignored Schindler’s request for protection, according to information that surfaced after the murder.
One of the Naval investigators presented evidence that Helvey admitted to disliking Schindler when Helvey was interrogated shortly after his arrest. “He said he hated homosexuals,” the investigator said in a report, quoting Helvey as saying, “I don’t regret it. I would do it again…He deserved it.”
Helvey was sentenced to life in prison after he accepted the offer to plead guilty with prosecutors saying they would not seek the death penalty, which could have been pursued under military law.
Vins, the other sailor implicated in Schindler’s murder, argued through his lawyer that he was an accomplice to the murder but did not physically assault Schindler. He pleaded guilty to three lesser charges, including failure to report a serious crime, as part of a separate plea bargain offered by prosecutors. He was sentenced to one year in prison and was released after serving 78 days.
Eickhoff, Schindler’s sister, said she, her daughter, Cheryl Lagunas, who was 7 years old when her beloved uncle was murdered, and their mother, Dorothy Clausen, have been going through a parole hearing ritual every two years for nearly the past 20 years by submitting testimony and often attending the parole hearings for Helvey to express their opposition to the parole.
The most recent hearing on Feb. 17, in which one of the Parole Commission members recommended parole, was held at the Federal Correctional Institution in Greenville, Ill., where Helvey is currently being held as an inmate.
“I just want to thank everyone who wrote a letter for my Uncle Allen,” Cheryl Lagunas stated in a March 7 Facebook posting. “I am so happy to share that today Terry Helvey was DENIED PAROLE…I am overjoyed and so appreciative of all of you,” she continued.
“Terry Helvey will have another parole hearing in 2 years, 2024. So, I’m hoping to count on you guys again, for this unfortunately [is] never over,” she wrote. “All my love to you guys xoxo – Cheryl.” Next to her name, Cheryl Lagunas added a drawing of a hamburger wrapped inside a bun with cheese on it.
“The cheeseburger after her name is because Allen called her his little cheeseburger,” her mother told the Blade.
Longtime gay activist Michael Petrelis of San Francisco has been credited with leading efforts to pressure the Navy into releasing information about the Schindler murder, the anti-gay threats that Schindler faced on his ship and calls for the Navy to officially confirm that the motive of the killing was anti-gay hatred that activists say the Navy withheld at the time of the murder.
Much of the information that observers believe the Navy withheld from the public was confirmed in a 900-page Naval investigative report that Petrelis released in 2015 after he obtained it through a Freedom of Information Act request.
“The brutal death of Allen Schindler for daring to live authentically as a gay member of the U.S. Navy before the ban on LGBT people was lifted, at the hands of Terry Helvey, who pleaded guilty to the murder, demands that for justice to be served he remain incarcerated,” Petrelis said in a statement.
“It would have been an outrage if the U.S. Parole Commission granted him release around the date 30-years ago when Schindler was killed out of hatred,” Petrelis said. “My thoughts are with Allen’s mother Dorothy, sister Kathy and their family.”
Eickhoff said that during his Feb. 17 parole hearing, Helvey, who is now 50 years old, expressed remorse as he has in previous parole hearings for what he did 29 years ago and claimed he is a different person.
She said the parole commission member who conducted the hearing stated that 30 years of incarceration in a federal prison, which Helvey will have completed on Oct. 26 of this year, when the commission member recommended he be approved for parole, sometimes becomes a threshold for when a prisoner becomes eligible for parole under federal law.
Noting that she and her family will once again go through the process of opposing parole for Helvey in 2024, Eickhoff added, “Twenty-nine years ago, we thought that was it” when Helvey was sentenced to life in prison. “But no, that’s not what happened.”
North Carolina
In the middle of the Bible Belt, a summer camp lets trans kids exhale
Adulthood feels possible at Transcending Adolescence
Uncloseted Media published this article on July 18.
By SAM DONNDELINGER | On a June night in rural North Carolina, dozens of campers sat around the fire as a counselor asked them to close their eyes.
“Picture a place where you feel completely safe,” they were told. “Think about what it looks like and how it feels, what you can hear, smell, and taste.”
When they were invited to share what they had imagined, one camper described sitting in a circle with other trans people. It was dark. Trees surrounded them. Mosquitoes buzzed.
“‘That place is here, and this is the place where I feel safe,’” Jacob Hofheimer, one of the camp’s founders, recalled the camper saying. “It got all of us.”
For many of the 8- to 17-year-olds who attend Transcending Adolescence, the weeklong summer camp offers a reprieve from the calculations they have to make in their day-to-day lives: Who knows they are trans? Who can be trusted? Which bathroom can they legally use?
At a time when 40 percent of transgender and nonbinary youth seriously considered attempting suicide in the past year, and 90 percent of LGBTQ youth reported that recent anti-LGBTQ laws, policies, and debates cause them stress or anxiety, those questions never disappear. But at this camp, young people are given space to ask them openly and to a community that understands why they need to.
“It really made me smile knowing that there’s a lot of people out there like me,” Ruby, a 12-year-old camper, told Uncloseted Media. “I’m putting myself out there, I’m being myself and no one judges me.”
Origins
Transcending Adolescence was founded in 2019 by Jacob and his wife Chrissy Hofheimer. The trans married couple wanted to create a camp for queer kids in America’s South, where affirming resources can be difficult to find.
Surrounded by thick woods and the backdrop of the Appalachian Mountains, campers swim, tie-dye shirts, complete ropes courses, roast marshmallows and perform in shows. They also gather for conversations about healthy relationships, medical care, legal rights, bathroom anxiety, coming out, misgendering, depression, substance use, and self-esteem.
“A huge part of it is that every single person there is trans or gender diverse, including the staff,” says Rory Sowers, a 19-year-old junior counselor from Florida. “That’s just something that you don’t get to experience a lot, especially as a young trans person.”
Sowers first attended Transcending Adolescence as a camper during its inaugural year in 2021. He returned three times before becoming a junior counselor.
“There’s so much that trans folks have to worry about just going about their day-to-day lives, especially living in the South,” Sowers says. “I was able to come into myself a lot more when I didn’t have all of those anxieties on my back.”
A place to be ‘just Ruby’
For 12-year-old Ruby, pre-camp anxiety was intense.
When she attended camp in June of last year, it was the first time traveling to another state without her parents.
“I was nervous about having someone there not really understanding me … and not really accepting me,” says Ruby, whose name has been changed to protect her privacy.
Outside camp, Ruby worries about how other people perceive her, according to her mom, Kate, whose name has also been changed. She says her daughter has to consider a litany of questions cis kids don’t have to worry about: “‘What if someone finds out? Are they looking at me? Do I look the part?’ … All these thoughts go through her head every single day.”
Before camp, Ruby had been struggling so intensely that her family had questioned whether it might feel easier for her “not to be who she was,” Kate says. Ruby had faced bullying in school, prompting her family to withdraw her and homeschool her for the remainder of fifth grade.
“I couldn’t really go anywhere without picking [at] myself because I was anxious,” Ruby says.
But when she arrived at camp, a lot of Ruby’s anxiety subsided. She didn’t have to introduce herself through the lens of being trans. She could just be herself: a funny, theatrical, outgoing 12-year-old who likes Beyoncé, improvises rap battles, and wants to be in the center of dance shows.
“She can just go there and just be [Ruby],” Kate says. “[Being trans] is only a little piece of her. There’s so much more to her, and she’s able to do that for the whole week. … It was completely life-changing for her.”
Research suggests that spaces like Transcending Adolescence can have powerful mental health effects.
Young people tend to fare better when they feel they belong and have access to peers and adults who understand them. In one small study from 2021, participants of a six-day LGBTQ summer camp reported increased resilience, self-esteem and quality of life. Focus groups indicated that transgender and nonbinary campers found an affirming environment that offered social opportunities they had been unable to find elsewhere.
Though this environment can be transformative, it’s intimidating at first for some. Jacob remembers asking one camper from Texas his pronouns during medical check-in, and the boy responding that he used “guy pronouns” because he “was a guy.”
Jacob recalled him being closed off and leery of the “hippie-dippy nonsense.”
But on the second-to-last night, Jacob overheard him speaking with a fellow camper.
“‘When I first came here, I thought that I was a disgusting, mutilated pig and an alien, and nobody would ever love me because I’m trans,’” Jacob recalls the camper saying. “‘And now I know that being trans doesn’t make me disgusting. It’s actually a beautiful thing.’”
He later texted Jacob to say the camp had given him confidence during the school year.
“‘Half the time, I forget that I’m trans,’” Jacob remembers him writing. “‘I’m just a guy. I’m just me.’”
“Finding places where you literally see yourself and can be seen by others for who you are is important during adolescence. It’s a human need,” Stephen Russell, professor of social and family dynamics at Arizona State University, told Uncloseted Media. “For trans youth, especially those who may not feel fully accepted at school, at home or in their faith communities, a camp where their identity isn’t something they have to navigate or defend, but is simply centered as part of who they are, can be transformative.”
Filling the gaps
The Hofheimers know that these spaces can transform the mental health of trans youth because they experienced it firsthand when they met while working as lifeguards at a summer camp for young queer people in New Hampshire.
The camp was doing important work, Jacob says, but many of its attendees came from privileged families in New England and other parts of the country where affirming programs were more accessible. Far fewer came from places such as Florida, Georgia, and Texas.
That’s why, for the location of the camp, they intentionally chose North Carolina, a state that has laws on the books that exclude trans girls from participating in sports, restrict the instruction of LGBTQ topics in schools and ban gender-affirming care for trans youth.
“Access is really, really important,” Chrissy says, adding that while the camp costs $1,975 for the week, they offer robust financial aid, including a $1,500 “no questions asked” subsidized rate for families who can’t afford it.
At the camp, the staff educates campers about anti-trans laws, coming out, and how to have conversations with their doctors about gender-affirming care.
“The kids want to talk about this stuff,” Jacob says. “That was the gap that we identified.”
For Chrissy, baking education into the camp’s programming is personal: When she was transitioning as a young adult, accessing informed medical care was difficult. During consultations, doctors either quoted prices she could not afford or refused to treat her. One told her that they did not “put boobs on men.”
Desperate to change her chest, Chrissy turned to a friend who had undergone illegal silicone injections without an apparent complication. She received what she believed were similar injections in Florida.
But the substance wasn’t silicone, she says, and it hardened and became intertwined with her breast tissue. Seventeen years later, Chrissy underwent a double mastectomy to fix the damage.
This experience became one of the driving forces behind the camp’s educational work.
“Accurate information might have changed the course of my life,” Chrissy says.
To provide information that breaks out of the TikTok and Reddit misinformation bubble many campers exist in at home, Chrissy and Jacob bring in experts and host nightly fireside chats.
Each night, campers gather around for structured conversations about the nuances of being trans. They talk about coping with misgendering, managing bathroom anxiety, identifying red and green flags in relationships, asking for help, and caring for their mental health.
Jacob, who is a certified nurse practitioner, helps answer questions about gender-affirming care. A trans attorney explains policies affecting campers in different states and separates the practical effects of those laws from incomplete information and political fearmongering.
“It made me think about the people who I tell I am trans to and what I have to do to make sure I feel comfortable telling them,” Ruby says. “It let me think about all these questions I had but didn’t really know how to ask.”
Building what comes next
Chrissy hopes the results from the camp’s program will eventually be replicated across the country.
For now, roughly 30 campers come together for one week each summer. Some arrive unhappy about being sent to camp. But by the final day, Sowers says, those same campers are often crying because they do not want to leave.
They return home to the same schools, states, and political climates where they have to decide when it is safe to disclose their identities and how to respond when someone does not understand them.
But at camp, Ruby, among the other campers, found a weeklong respite and saw trans adults who were not merely surviving but building careers, relationships, and communities.
“After the camp, I really haven’t been talking about how I feel insecure that I’m trans,” Ruby says. “I can’t wait to go back and see the people I met and [meet] new friends.”
National
Remembering Victoria Cruz, Stonewall veteran and beloved trans activist
A witness to history who would spend decades helping to shape it
Victoria Cruz, a veteran of the 1969 Stonewall uprising and unwavering advocate for survivors of violence, died on June 25 from liver cancer. Fierce, generous, and unyielding, Cruz emerged from Stonewall as a witness to history who would spend more than five decades helping to shape it. She became a fixture of New York LGBTQ+ activism and in time, one of the community’s most beloved elders and mentors.
One of 11 children, Cruz arrived with her family in Red Hook, Brooklyn from Guánica, Puerto Rico as a young child. She occasionally quipped that she was “never in the closet” but “in the armoire,” and knew from an early age that she was a girl at a time when there was little language to describe her experience. She studied cosmetology and hairdressing at Metropolitan Vocational High School, before attending Brooklyn College where she earned a theater degree in 1982. She supported herself through beauty work, as a stripper, sex worker, and entertainer in the New York City nightlife scene, giving her first drag performance at the Grapevine in 1973 to a Billie Holiday song.
A regular at the Stonewall Inn, Cruz often arrived in what she described as “full drag and semi-drag.” In a 2025 interview she recounted details of the gay bar on Christopher Street – the lack of plumbing, except for the bathroom, and how she would only drink beer because the ice for mixed drinks was drawn from unsanitary garbage cans where glasses were rinsed.
“[The cops] used to come in and raid the place, and put the lights on. If you were two men together, you’d look for a lesbian to sit with or talk to.” If you had make-up on, she said, they’d make you wash it off with dirty water from the mop bucket. Officers also did what she called “the Robin Hood.”
“They used to take the bra straps in the back and pull them, you know, they were very heavy elastic, and let it go so it’ll hurt their back.”
Harassment was routine. But the night of Friday, June 27, 1969, was different. Maybe the cops weren’t given “the little brown bag pay off” or “enough money,” she speculated.
Cruz hadn’t planned to go that night. She had work the next day at a beauty parlor but her boyfriend, Frankie, was a bouncer at Stonewall — and “a cheat.”
“I went and stalked him.” When he asked her to go home, she said, “‘No, I’m going to wait up here, because tonight you’re going home with me.'”
It was close to midnight, and the air was hot and humid, she recalled. A full moon in the sky. Judy Garland had just been buried, and the atmosphere in the Village was solemn – “like the calm before the storm.” Standing near the steps next to the Stonewall, Cruz spotted Sylvia Rivera—who would also become a prominent trans rights figure—with her friends across the street by Sheridan Square Park.
The paddy wagons came. The bar got raided, yet again. But this time, a rebellion began to simmer.
“And then the crowd started getting a little bit rowdier outside, they started throwing pennies,” Cruz recalled. “They were calling them names, you know, ‘dirty copper.’ ” As cops started loading people into the paddy wagons, she “saw one queen got punched.” She thought it was Miss Major, who later publicly recounted taking a blow to the head and getting knocked unconscious.
Police brought a paddy wagon around and went back inside the bar. “And here comes a brick out of Sheridan Square Park, and it cracked the window, and they closed all the doors as a barricade. We were hearing noise from inside.”
Frankie came out to see whether she was still there. A Canadian in the country illegally, he wanted to leave. Cruz wanted to stay. “That’s serious when they started burning stuff – and then Frankie says, let’s get out of here.” She recalled the violence escalating. “First it was garbage pails. Then they started setting up fire on cars. And I said, no, no, no. That’s too crazy.”
After the raid, Frankie’s boss called him in “to clean out the basement and try to straighten up whatever the cops smashed up over there.” Frankie found one of three drink-price signs, and downstairs, the dog, Rusty, who guarded the liquor (“even though the liquor was watered down”). One of the owners let Frankie take him home. “I was so afraid of dogs, but I gave him food, and then he became my best friend and my protector.”
As for the sign, she kept it in her possession and shared that she hoped to return it to Stonewall along with photos of Frankie and Rusty. “They are part of our original history and they belong there.”
Those nights of chaos and violence are now widely regarded as the birth of the modern gay rights movement. One year later, Cruz joined thousands in what she called “the big first gay pride liberation march.”
“She was definitely one of our mothers in the movement,” says Shelby Chestnut, now executive director of Transgender Law Center, who worked with “Miss Vicky” at the New York City Anti-Violence Project (AVP) from 2010 to 2017. Cruz first came to AVP seeking support after being sexually assaulted by members of the nursing staff while working at Cobble Hill Health Center. She later volunteered at AVP and remained with the organization for 18 years, eventually coordinating the domestic violence project and serving as a senior counselor advocate.
Shay Huffman, a school social worker and former AVP Board Member, credits Cruz with being her lifeline while going through intimate partner violence. “By the time I got to AVP, I was 95 pounds,” says Huffman. “I seriously doubted I would survive. I had lost my appetite, wasn’t eating, and felt like my spirit was being sucked out of me.” Huffman says it was important to her that Cruz was a woman of color. “She heard me. She met me where I was. She validated me. She gave me hope and encouragement. She made me believe, ‘Maybe I can survive this.’ It was the first step from becoming a fighter and survivor to really thriving.”
Cruz’s impact extended beyond those she counseled. For many young trans people, the presence of an elder figure like “Miss Vicky” was not something to be taken lightly, Shelby Chestnut says.
“Especially at the time when she got into advocacy, in an ‘official’ way, there was a real expansion of trans justice organizations in New York City, and she would come to all of the events and be this big voice of reason. Even in the face of so much terribleness in the world right now—even at almost 80 years old—she was so clear and articulate: ‘We can’t back down. We’ve been here before. We can’t give people new ground in this moment to take our power and livelihood away.’ She imparted this to a new generation of organizers and leaders in a way that not many people could.”
“She came up in a post-Stonewall reality but also was clear that so much of our conditions didn’t change just because Stonewall birthed our movement.”
Her commitment to justice came to wider public attention with the release of the 2017 documentary “The Death and Life of Marsha P. Johnson.” The film documents her meticulous investigation into the 1992 death of her contemporary, Marsha P. Johnson, a Black trans woman whose death was ruled a suicide despite suspicious circumstances. Cruz’s probing not only helped expose the very real possibility that Johnson was murdered, but also underscored a broader reality: Many trans women of the era were treated as throwaways, their deaths denied the attention and justice they deserved.
Following Cruz’s death, the documentary’s director, David France, paid tribute to Cruz on Facebook:
“Throughout her life she embodied pure joy, something she learned from Marsha P. Johnson (whom she called “The Rosa Parks of the gay movement”), and fierce resistance, which she dedicated herself to in her last conversation with Sylvia Rivera on her death bed. She promised Sylvia she would ‘keep the community together.’ And she did that and more. She died on Pride Week, her highest of holy days. There never will be another like her.”
“Victoria loved the beach,” recalls Cruz’s sister, Heyde Cruz, 73. “She called it her sanctuary and as my children and my other siblings’ children were growing, she would take them to the beach and show them how beautiful it was, picking up seashells and other beach objects on the sand and they loved it.”
Indeed, Cruz was a popular presence at the People’s Beach at Jacob Riis Park in Queens, where she was often spotted beneath a sun tent in colorful attire and her signature headband with feathers and cowrie shells. She was considered royalty at this haven for queers near the former Neponsit Hospital — a building that fell into ruin over decades before ultimately being demolished, despite protests by a community that had laid claim to a landmark no one else seemed to want.
In a 2023 conversation, the “Queen of Riis” recounted tales of noble mischief dating back to the earliest days when she had first set foot on the sands in 1963. The facility had been running as a “Home for the Aged” and the gay folks delighted in helping elderly residents sneak out to frolic on the beach.
“We would tell them when the guys were coming so they could run back to the premises,” she said. She loved hearing the concerts from the facility’s gazebo, where patients would be taken out for lunch. “I loved to go on Sunday mornings because of the church services,” Cruz said. “They played the most wonderful American gospel I ever heard.”
Cruz had hoped that the building might be preserved and turned into a hospice, where “the sounds of the sea, the sun, the gulls [might] make them enjoy life more, especially in their last days.”
Last December, The Stonewall Inn Gives Back Initiative (SIGBI) honored Cruz with a Brick Award for Community Activism. Latina actor, model and trans activist Angelica Christina introduced Cruz, highlighting the elder’s fight for the LGBTQ+ community as “front and center,” noting she had “done so with courage, conviction and compassion.”
“From being a longtime leader at the Anti-Violence Project, to being a part of the documented history at Stonewall, Victoria has supported survivors of anti-LGBTQIA+ violence when few others would,” said Christina, herself a survivor of sexual assault and homelessness. “She fought for safety and accountability and dignity at a time when our stories – especially that of BIPOC trans women – were too often ignored… “
To a standing ovation, Cruz spoke to those who have long admired her spirit, as well as a new generation reaching for the torch amid a renewed political tempest intent on extinguishing the most marginalized:
“We resisted at Stonewall and we can resist now because they’re not going to erase us,” Cruz assured. “Today, it is better to be yourself. Life is much easier when you are you.”
“And I thank you for this prize, because like Sylvia [Rivera] said – and I promised her – that wherever I would go, I will try to keep the community together because we do have the numbers, and with our allies, we can defeat them anytime…
“We’re here from the beginning and we’re going to be here ’til the end.”
National
DOJ seeks to dismiss some claims in gay FBI employee’s bias lawsuit
David Maltinsky was fired after displaying Pride flag at desk
Attorneys for gay former FBI employee David Maltinsky, who was fired from his job as a non-agent employee at the FBI’s Los Angeles Field Office in October 2025 after more than 16 years of service for displaying an LGBTQ Pride flag at his workstation, filed court papers on July 15 opposing a motion by government attorneys to dismiss some but not all of the provisions in his unlawful discrimination lawsuit seeking to overturn the firing.
Maltinsky’s lawsuit, filed in federal court in D.C. on Nov. 19, 2025, states that FBI Director Kash Patel acted illegally by violating Maltinsky’s First Amendment constitutional rights and the U.S. Civil Rights Act of 1964 by ordering his firing on grounds that he “exercised poor judgement with an inappropriate display of political signage” by displaying the Pride flag.
The firing came at a time when Maltinsky successfully completed 16 weeks of the FBI’s 19-week training program at the FBI training academy in Quantico, Va. to become an FBI Special Agent, according to the lawsuit.
In addition to Patel, who took office as FBI director in February 2025 under the Trump administration, the lawsuit names as defendants the FBI itself, Acting U.S. Attorney General Todd Blanche, and the U.S. Department of Justice, which oversees the FBI.
“Defendants discriminated against Maltinsky for engaging in protected speech, for his sexual orientation, and for opposing discrimination – a clear and brazen violation of federal law and the Constitution,” the lawsuit states in an amended complaint filed May 5, 2026.
The Department of Justice, which is representing the FBI in its response to the lawsuit, did not immediately respond to a request from the Washington Blade for comment on the lawsuit and why it is seeking dismissal of some but not all of the lawsuit’s multiple allegations, including its claim that the firing violated Maltinsky’s First Amendment rights.
In its “Partial” motion filed on June 15, 2026, to dismiss some provisions in the lawsuit, the Justice Department through Assistant Attorney General Brett A. Shumate and Associate Branch Director Christopher Hall, stated that the lawsuit fails to provide sufficient evidence that Maltinsky was fired because he is gay.
“The Amended Complaint contains no factual allegations that Director Patel or any other decisionmaker expressed hostility toward gay employees, relied on Plaintiff’s sexual orientation in making employment decisions, even knew Plaintiff’s sexual orientation or otherwise indicated that Plaintiff’s status as a gay man played any role in the challenged actions,” the motion states.
Based on that, among other things, the motion says the lawsuit’s claim that the firing violated the U.S. Civil Rights Act of 1964 should be dismissed. A 2020 U.S. Supreme Court decision ruled that the 1964 law bans employment discrimination based on sexual orientation and gender identity along with its other categories including race, religion, and gender.
In its arguments that the decision to fire Maltinsky was illegal, unconstitutional, and unjust, the lawsuit’s amended complaint points out that FBI officials at the Los Angeles Field Office where Maltinsky worked presented the Pride flag to him and gave him full permission to display it at his workstation.
“The FBI encouraged and honored Maltinsky’s work by awarding him the 2020 Director’s Award For Excellence-Outstanding Service in Diversity and Inclusion,” the lawsuit says. “In 2022, the Attorney General for the Department of Justice awarded Maltinsky the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Program,” it says.
“In special recognition of Maltinsky’s efforts to improve the FBI, in June 2021 LAFO [Los Angeles Field Office] leadership entrusted to Maltinsky two Pride flags that had been flown from the flagpole located in front of the LAFO,” the lawsuit complaint continues. “Maltinsky displayed one of those flags at his workstation.”
Although the lawsuit doesn’t say so directly, all of that happened during the administration of President Joe Biden and previous FBI Director Christopher Wray, who held the director’s position from August 2017 to January 2025, when Donald Trump took office as president.
Nathaniel Zelinsky, one of the attorneys representing Maltinsky regarding the lawsuit, told the Blade that because the Justice Department did not contest the lawsuit’s First Amendment provisions, the case will move forward to the discovery stage, in which he and fellow attorneys can seek and obtain government documents, and most likely go to trial. He said that regardless of whether the judge approves the dismissal of the lawsuit provisions the government has asked for, the other provisions and the case as a whole will continue.
“And those First Amendment claims are extremely serious,” he said. “The government, by its admission, fired David Maltinsky because they did not like the speech he displayed when he put up the Pride flag that was gifted to him by the FBI,” Zelinsky said. “The federal government cannot discriminate against its workers based on their speech.”
