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D.C. Jail agrees to end anti-trans housing policies

Officials settle lawsuit filed by former inmate placed in men’s unit

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D.C. Department of Corrections Central Detention Facility (Photo public domain)

The D.C. Department of Corrections on March 23 agreed to change its housing policies for transgender people at the D.C. Jail as part of a settlement of a lawsuit filed by the ACLU of D.C. and the D.C. Public Defender Service on behalf of a transgender woman who last year was forced against her will to live in the men’s section of the jail.

The class action lawsuit charged that D.C. Jail and Department of Corrections officials violated transgender woman Sunday Hinton’s constitutional rights of equal protection and violated the D.C. Human Rights Act’s ban on gender identity discrimination by placing her in the men’s housing facility for more than two weeks in May 2021.

“Under the settlement, DOC will implement new safeguards to ensure that transgender people will be housed in accordance with their gender identity upon intake and will limit the time they may be held in isolating ‘protective custody’ status absent the person’s request or specific safety concerns,” according to a statement released by the ACLU.

“Additionally, DOC will end its practice of shackling all ‘protective custody’ residents, including transgender people, while they are being transferred or moved within the jail,” the ACLU statement says. It says the DOC also agreed to report to the Public Defender Service for four months about the status of the implementation of its new policies.

“No one should face what I had to face in the D.C. Jail,” Hinton said in the ACLU statement. “DOC put my safety and mental health at risk, and I’m glad that other trans people at the Jail will be treated with more dignity,” she said.

Court records show that Hinton spent about four weeks at the D.C. Jail in the spring of 2021 after a judge ordered her to be detained while awaiting trial based on a charge of unarmed burglary with intent to steal $20. The charge has since been dismissed.

The settlement of Hinton’s lawsuit comes nine months after the DOC in June 2021 transferred Hinton from the men’s to the women’s housing unit and dropped its policy of automatically placing transgender inmates in the housing section of the jail in accordance with their biological sex or “anatomy.” Those changes came one month after the lawsuit was filed.

But the ACLU announced at the time that it would keep the lawsuit going on Hinton’s behalf because DOC and Jail officials continued to require transgender people entering the jail as new inmates to be placed in an isolation unit in “protective custody” during their intake period, which could take two weeks or longer.

The ACLU noted that DOC officials also continued to subject all inmates in the isolation unit, including trans inmates, to be placed in shackles while they moved them from one place to another within the Jail.

“Both the D.C. Jail’s practice of assigning transgender people to housing based on anatomy rather than gender identity and its decision to place trans residents in unnecessary full-body shackles in protective custody were discriminatory and profoundly harmful,” said Scott Michelman, Legal Director of the ACLU of D.C. “It shouldn’t take a lawsuit to gain recognition of transgender peoples’ basic humanity and dignity, but we’re pleased the Department of Corrections has agreed to change its unlawful polices,” he said.

“Sunday Hinton’s courageous fight against discrimination has led to important changes not only for transgender individuals but for all protective custody jail residents, who until now were subjected to the degrading and unjustified practice of full-body shackling,” said Rachel Cicurel, a staff attorney with the Public Defender Service. “Ms. Hinton’s case has exposed several kinds of inhumane treatment by DOC,” she said.

Spokespersons for the Department of Corrections and and the office of D.C. Mayor Muriel Bowser couldn’t immediately be reached for comment. A spokesperson for the Office of the D.C. The Attorney General, which represented the DOC in its defense against the lawsuit, said the AG’s office would have no comment on the matter of the lawsuit settlement. 

The seven-page settlement agreement, which was filed in D.C. Superior Court on March 23, states, among other things, that, “Defendant denies all allegations of wrongdoing and any liability to plaintiff.”

It adds, “This Settlement does not and shall not be deemed to constitute an admission by Defendant as to the validity or accuracy of any of the allegations, assertions, or claims made by Plaintiff.”

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District of Columbia

D.C. Council member proposes change for Mayor’s Office of LGBTQ Affairs

Parker also seeks increased funding for LGBTQ programs in FY 2025 budget

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D.C. Council member Zachary Parker (D-Ward 5) (Washington Blade file photo by Michael Key)

D.C. Council member Zachary Parker (D-Ward 5), the Council’s only LGBTQ member, has asked his fellow Council members to support a proposal to change the Mayor’s Office of LGBTQ Affairs to become a “stand-alone entity outside the Executive Office of the Mayor to allow for greater transparency and accountability that reflects its evolution over the years.”

In an April 30 letter to each of his 12 fellow Council members, Parker said he plans to introduce an amendment to the city’s Fiscal Year 2025 Budget Support Act to make this change for the LGBTQ Affairs Office.

His letter also calls for adding to the city’s FY 2025 budget two specific funding proposals that local LGBTQ activists submitted to D.C. Mayor Muriel Bowser that the mayor did not include in her budget proposal submitted to the Council. One calls for $1.5 million to fund the completion of the build out and renovation for the D.C. Center for the LGBTQ Community’s new building in the city’s Shaw neighborhood and $300,000 in subsequent years to support the LGBTQ Center’s operations.

Parker’s second budget proposal calls for what he said was about $450,000 to fund 20 additional dedicated LGBTQ housing vouchers as part of the city’s existing program to provide emergency housing support for LGBTQ residents and other residents facing homelessness.

“The Office of LGBTQ+ Affairs currently manages about 90 vouchers across various programs and needs,” Parker said in his letter to fellow Council members. “Adding an additional 20 vouchers will cost roughly $450,000,” he wrote, adding that dedicated vouchers “play a crucial role in ensuring LGBTQ+ residents of the District can navigate the complex process of securing housing placements.”

In her proposed FY ’25 budget, Bowser calls for a 7.6 percent increase in funding for the Office of LGBTQ Affairs, which amounts to an increase of $132,000, bringing the office’s total funding to $1.7 million.

“To be clear, I support the strong work and current leadership of the Office of LGBTQ+ Affairs,” Parker says in his letter to fellow Council members. “This push for change is in recognition of the office’s notable achievements and the significant demands being placed on it, which require a greater level of accountability.”

Parker told the Blade in an April 30 telephone interview that he believes Japer Bowles, the current director of the Office of L|GBTQ Affairs is doing an excellent job in operating the office, but he believes the office would be able to do more for the LGBTQ community under the change he is proposing.

“Making it a stand-alone office versus it being clustered within the Community Affairs division of the mayor’s office, it will get more attention,” Parker told the Blade. “The leadership will have greater flexibility to advocate for the interest of LGBTQ residents, And we will be able to conduct greater oversight of the office,” he said, referring to the Council’s oversight process.

Parker noted that other community constituent offices in the mayor’s office, including the Office of Latino Affairs and the Office of Veterans Affairs are stand-alone offices that he hopes to bring about for the LGBTQ Affairs Office. He said Council member Brianne Nadeau, who chairs the Council committee that has oversight for the LGBTQ Affairs Office, has expressed support for his proposal.

Also expressing support for Parker’s proposal to make the LGBTQ Affairs Office a stand-alone office is the D.C. Advisory Neighborhood Commission Rainbow Caucus. Vincent Slatt, the caucus’s chairperson, submitted testimony last week before the D.C. Council Committee on Public Works and Operations, which is chaired by Nadeau, calling for making the LGBTQ Affairs Office a stand-alone office outside the Executive Office of the Mayor.

Slatt also stated in his testimony that the office has a “chronic staffing shortage” and recommended that at least three additional staff members be assigned to the office.

Daniel Gleick, the mayor’s press secretary, told the Blade the mayor’s office is reviewing Parker’s budget proposals, including the proposed change for the Office of LGBTQ Affairs.

But in testimony at a May 1, D.C. Council budget hearing before the Council’s Committee on Executive Administration and Labor, Lindsey Parker, Mayor Bowser’s Chief of Staff, appeared to express skepticism over making the LGBTQ Affairs office a stand-alone office. Lindsey Parker expressed her thoughts on the proposed change when asked about it by Councilmember Anita Bonds (D-At-Large), who chairs the committee that held the hearing.

“I would proffer that it doesn’t matter whether the agency is within the EOM [Executive Office of the Mayor] or not,” Lindsey Parker told Bonds. “They will still be reporting up into one would argue the most important agency in the D.C. government, which is the one that supports the mayor,” Lindsey Parker said. “So, it’s the closest to the mayor that you can get,” she said “So, you could pull it out and have a different budget chapter. I actually think that’s confusing and convoluted.”

Lindsey Parker added, “The Mayor’s Office of LGBTQ Affairs, with their six FTEs right now, if they were a stand-alone function they wouldn’t have all the non-personnel services in order to operate. They need to be under sort of the shop of the EOM in order to get those resources.” 

By FETs Lindsey Parker was referring to the term Full Time Equivalent employees.  

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District of Columbia

As You Are bar closes temporarily, citing problems with building

Shutdown comes two months after fundraising appeal brought in $170,000

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As You Are is temporarily closed. (Washington Blade file photo by Michael Key)

As You Are, the LGBTQ café and bar located in the Barracks Row section of Capitol Hill near the Eastern Market Metro station, has announced on its Instagram page that problems associated with its building at 500 8th St., S.E., forced it to “temporarily” close on April 8.

“As you may be aware, As You Are’s location in Eastern Market has been closed since April 8, when we began to have concerns about the physical condition of the building,” the Instagram message states. “We worked quickly to alert our landlord, and they have assessed the building with their engineers,” the message says.

“We understand that certain repairs need to be made to ensure the safety of our staff, patrons, and community,” the message concludes.

In one of two more recent videos posted on Instagram on April 17 and 26, As You Are co-owners Jo McDaniel and Rachel Pike said they did not have any update on when they can reopen. “The engineers and contractors have all come into the space, and we’re just waiting on a plan and a timeline from our landlord,” McDaniel said in the video.

Pike mentioned in one of the videos that As You Are has a Venmo app set up, and said they appreciate the support they have been receiving from the community. McDaniel added, “We’re really interested in supporting our team through this, as this is an unexpected loss of income for all of us.”

McDaniel didn’t immediately respond to a request from the Washington Blade for a further update on where things stand with the building repair project and the specific nature of the problems with the building. An earlier message posted on the As You Are website said, “Heavy rain damaged the back wall of our building, and we are closed to assess and repair.”

The message added, “Regular updates and ways to support can be found on our Instagram page @asyouaredc.”

The April 8 shutdown came a little over two months after As You Are issued a GoFundMe appeal on Feb. 5 seeking emergency financial support to prevent it from closing in February due to a $150,000 debt. In a display of strong community support, its $150,000 fundraising goal was reached in less than a week. By the following week, the GoFundMe appeal had pulled in more than $170,000 from more than 3,000 individual donations.

Many of the donors left messages on the GoFundMe page for As You Are expressing their strong support for the bar and café, saying it served as a uniquely supportive space for all members of the LGBTQ community.

In the GoFundMe message, McDaniel and Pike said their goal in opening their business in March 2022 was to offer community center type programming beyond just a bar and café.

“AYA is a café, bar and dance floor that hosts diverse programming nearly every night of the week, including social sport leagues, Queer youth socials, weekly karaoke, book clubs, open mics, Queer author events, dance parties, and much more,” the two said in their message. 

The building’s owner and the As You Are landlord, Rueben Bajaj, who is the principal operator of the Bethesda, Md., based real estate firm White Star Investments, couldn’t immediately be reached for comment. The Washington Post reported that he contributed $500 to the As You Are GoFundMe appeal, saying, “I personally want to see As You Are succeed.”

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District of Columbia

Weekend brings two shootings in U Street, Dupont Circle areas

Man dies after incident at Desperados

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Two shooting incidents marred the weekend.

A man was shot to death shortly after 1 a.m. on Saturday, April 27, inside the Desperados Burgers & Bar at 1342 U St., N.W., which is located on the same block a short distance away from the LGBTQ nightclub Bunker D.C. and around the corner less than a block away from the recently opened LGBTQ bar Crush on 14th Street, N.W.

The incident prompted Bunker to post on its Facebook page a message saying its security team quickly ushered patrons standing outside to enter the club and as a precautionary measure prevented patrons from leaving until it was deemed safe to do so.

A D.C. police statement identifies the shooting victim as Kenneth Goins, 43, of Salisbury, Md. The statement says officers on patrol in the 1300 block of U Street, N.W. heard gunshots at about 1:12 a.m. and immediately arrived at Desperados to investigate the incident.

“Officers located a man inside with multiple gunshot wounds,” the statement says. “Despite all life saving efforts, the victim was pronounced dead on the scene,” it says. Neither the statement nor a police incident report pertaining to the shooting provides a description of the person who committed the shooting nor discloses whether any of the customers inside the restaurant and bar witnessed the shooting.

The statement says the police Homicide Branch is investigating the shooting and urges anyone with knowledge of the incident to call police at 202-272-9099. Like all homicide cases, it says the D.C. Metropolitan Police Department offers a reward of up to $25,000 to anyone who provides information that leads to the arrest and conviction of the person or persons responsible for a homicide committed in the District.  

 “There was a shooting incident on U ST. N.W., just 4 doors down from BUNKER,” the Bunker Facebook post says. “Our security team promptly responded, ensuring the safety of everyone by ushering them inside for cover,” it says. “Currently, the courageous police officers are outside, handling the situation and working diligently to maintain a secure environment for our guests,” the message continues.

“As a responsible establishment, we strongly prioritize your safety, and as a precautionary measure, we will not permit anyone to exit the building until we deem it safe to do so,” the posting says. “Rest assured, we, as the owners, take this matter very seriously, and your safety remains our highest priority.” 

The U Street shooting at Desperados Burgers & Bar took place a little over two hours after six people were shot and wounded outside the Decades nightclub at 1219 Connecticut Ave., N.W. near Dupont Circle and near several gay bars on P Street and 17th Street in the Dupont Circle area. Police said none of those who were shot suffered life-threatening injuries

A separate police statement says with the help of several witnesses, police identified and arrested Rennwel Mantock, 29, of Hyattsville, Md., in connection with the shooting on charges of Assault with Intent to Kill, Possession of Unregistered Ammunition, and Possession of an Unregistered Firearm. The statement says a gun belonging to Mantock was recovered on the scene. Court records show a judge has ordered him to be held without bond until a May 7 preliminary hearing.

“The detectives’ investigation determined Mantock opened fire after employees removed him from a nightclub following a dispute,” according to the statement.

A police arrest affidavit filed in D.C. Superior Court says Mantock told police at the time he was apprehended on the scene that he was dancing with a woman at the club when a security guard ordered him to leave and then “grabbed him by the neck and punched him in the face right before dragging him down the steps.” The Decades club states on its website that it has several floors with multiple bars.

According to the arrest affidavit, Mantock told police that one of the security officials punched him in the face again and threw him to the ground after dragging him out the door. It says Mantock “stated that he then pulled out his gun and started shooting” because “he was very upset about the security punching him in the face,” adding that he “began firing at the Decades’ security.”

The affidavit says five of the six people shot were Decades employees.

Gay former Dupont Circle Advisory Neighborhood Commissioner Mike Silverstein, who lives near where the shooting took place, said Decades is not known as a place that LGBTQ people patronize but said the surrounding neighborhood is home to many LGBTQ residents and draws many LGBTQ visitors. 

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