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District of Columbia

Activists defend D.C. Jail’s treatment of trans inmates

Budd, Hughes say most choose to stay in men’s facility

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The jail does not and has not been mistreating transgender inmates coming in the jail,’ said trans advocate Earline Budd. (Blade file photo by Michael Key)

Longtime local transgender advocates Earline Budd and Jeri Hughes, who have served for more than a decade on the D.C. Department of Corrections’ Transgender Housing and Transgender Advisory committees, say they have witnessed first-hand what they believe to be the D.C. Jail’s role in leading the nation in its policies in support of transgender inmates.

The two said that around 2009 the D.C. Jail became one of the nation’s first correctional facilities to adopt a policy allowing transgender inmates to choose whether to be placed in the men’s or the women’s housing units.

In a claim that will likely come as a surprise to LGBTQ activists, Budd and Hughes said more than 95 percent of female transgender inmates at the D.C. Jail chose to be placed in the men’s section of the jail.

Budd and Hughes said they were motivated to speak out about DOC’s trans policies following a class action lawsuit filed last year against the city by the ACLU of D.C. and the D.C. Public Defender Service on behalf of a female transgender inmate at the D.C. Jail.

The lawsuit charged that officials at the Department of Corrections and the jail violated the gender identity provision of the city’s Human Rights Act and the constitutional rights of equal protection for trans inmate Sunday Hinton by placing her in the men’s housing unit at the jail against her wishes in May 2021.

Hinton and five other former female trans inmates at the jail submitted sworn affidavits as part of the lawsuit claiming that their requests to be housed in the women’s section of the jail were either denied or jail officials coerced them into agreeing to be placed in the men’s section. The affidavits say the alleged improper action by jail officials against the six trans women took place between 2019 and 2021.

Hinton has since been released from the jail after a burglary related charge brought against her was dropped.

The Office of the D.C. Attorney General, which represents the city in lawsuits, and Hinton reached a settlement agreement last month to end the lawsuit. The DOC agreed in the settlement, among other things, to put in place policies that ensure that trans inmates can choose the section of the jail in which they are to be housed.

The agreement keeps in place existing DOC policies calling for the Transgender Housing Committee to review all trans housing requests and to make a recommendation on the request, with jail security officials making the final decision on where to place the trans inmate.

Hughes told the Washington Blade that for the past decade or longer DOC and jail officials have followed the recommendations of the Transgender Housing Committee, whose members include representatives of the trans community.

She points out that the objective of the committee is to confirm that a trans female inmate requesting housing in the women’s section of the jail is truly a transgender person and not a male inmate claiming to be trans with the possible motive of sexually assaulting or otherwise endangering cisgender female inmates.

According to Budd and Hughes, at the request of LGBTQ rights advocates, the DOC adopted a policy in 2009 that allowed transgender inmates to choose whether to be placed in the men’s or women’s section of the jail. They said the policy, which created the DOC’s Transgender Housing Committee as well as a Transgender Advisory Committee, called for the housing committee to review the inmates’ housing requests to assess the safety of the trans inmates and all other inmates.

“You cannot just say I’m transgender and go in the women’s jail,” Hughes said. “You’ve got to have an evaluation. You have to be determined – OK, you’re legit. You live as a woman. You’re transgender,” Hughes told the Blade.

Hughes and Budd said the allegations raised in the Sunday Hinton lawsuit, if true, appear to be a breach in the DOC and the D.C. Jail’s longstanding policy of allowing trans inmates to choose whether to be placed in the men’s or women’s section of the jail. Budd said restrictions put in place at the jail in response to the COVID pandemic resulted in the suspension of all meetings of the Transgender Housing Committee.

But she said it was her understanding that an official at the jail who is a member of the Transgender Housing Committee has been meeting individually with trans inmates to determine their preference for a housing assignment. Budd said the official, who she identified as Tracy Outlaw, was also helping transgender inmates obtain things they needed, such as women’s undergarments like bras and hormone treatments.

“What I can say is the jail does not and has not been mistreating transgender inmates coming in the jail, and that they get the utmost respect in terms of the population,” Budd said.

When asked to explain their claim that nearly all female trans inmates choose to be placed in the men’s section of the jail, Budd and Hughes said that the female trans inmates are treated with greater respect by fellow male inmates than by female inmates.

“In the male section of the jail, they have a certain status,” Hughes said. “They are desirable. In the female section, they are not desirable. So, there is no advantage for them to be there,” according to Hughes. “And nearly every [trans] girl that has ever asked to go to the female section is in there for about a week and asks to get back right away” to the male section, Hughes said.

Department of Corrections spokesperson Keena Blackmon provided the Blade with an update on the DOC’s transgender policies following the settlement of the lawsuit, but she did not respond to the Blade’s request for confirmation of Budd and Hughes’ assertion that nearly all transgender female inmates request to be housed in the men’s section of the D.C. Jail.

“While the DC Department of Corrections (DOC) does not comment on the specifics of litigation-related matters, DOC is committed to ensuring a safe, secure and inclusive environment for all our residents, including our transgender, intersex and gender non-conforming residents,” Blackmon said in an email. “DOC formed the Transgender Advisory Committee (TAC), which serves as a liaison for the DOC and the transgender community and also internally established the Transgender Housing Committee (THC),” she said.

“The COVID-19 pandemic necessitated a host of operational changes to ensure the health and wellbeing of all DOC residents and staff and affected the ability of the THC to operate in its normal capacity,” Blackmon said. “As we have navigated the challenges of the pandemic, we have continued to adopt both our policies and practices to ensure we meet our above stated commitment while addressing the public health needs of all in our DOC facilities and will continue to do so,” she said.

Scott Michelman, legal director of the ACLU of D.C. who served as the lead attorney representing Sunday Hinton in her lawsuit against the DOC, said the actions by officials at the D.C. Jail toward Hinton and the five trans female inmates who joined her in the class action lawsuit raised serious doubts about any claims that the DOC had in place trans supportive policies – at least during the years of 2019 through early 2021.

Michelman points out that Tracy Outlaw, one of the DOC officials serving on the Transgender Housing Committee that Budd said has been supportive of trans inmates, is accused in one of the sworn affidavits submitted by a trans inmate who was part of the Hinton lawsuit of refusing to help the inmate be placed in the women’s section of the jail. Michelman said another DOC official “coerced” Hinton into signing a form waiving her rights to be placed in the women’s section of the jail.

“These actions, among others, undermine the claim that DOC was doing right by trans folks as of 2021,” Michelman said. “If DOC wants to protect trans women, it can start by complying with the settlement terms reached in Sunday Hinton’s case,” he said.

Budd said that while any DOC staff member should be held accountable for violating the DOC’s transgender policies, she strongly disputes claims that Tracy Outlaw coerced a trans inmate into being housed in the men’s section of the jail.

“What I am not going to do is go back and forth about this case,” Budd told the Blade. “The fact is that the ACLU and the attorneys are only seeking one side of this story,” which she said was that of the trans inmates who were part of the Hinton lawsuit.

“It is not fair that these allegations are coming up and we are not able to share our side of the story, which is totally different,” she said. “I have been and continue to be a transgender advocate and will support even those who have sought to demean me.”  

Critics of the DOC have pointed out that many of the problems faced by the D.C. Jail surfaced under the tenure of former DOC Director, Quincy Booth, who held the director’s position from 2016 to January of this year, when Mayor Muriel Bowser replaced him with former DOC Director Tom Faust. Faust served as director from 2011 to 2016 during the years that Budd and Hughes have said DOC put in place or strengthened its trans supportive policies.  

Bowser’s decision to replace Booth came shortly after the Federal Bureau of Prisons transferred 400 inmates at the D.C. Jail to a federal prison in Pennsylvania after announcing an inspection of the jail by U.S. Marshals found “evidence of systematic failures” and unacceptable living conditions at the jail.

Budd said that shortly after Faust began as acting DOC Director, he invited her to meet with him to discuss trans issues at the jail.

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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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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlantic—I couldn’t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I would’ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. “Have you ever used a stunt kite?” Bonnie, the event organizer asked me. “I bought one. It looked really cool. But I can’t make it work.” She sighed. “I can’t get the thing six feet off the ground.” The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of Pokémon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If there’s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: “I don’t think it’s possible.” “Dude, I wish I had an ace-dar.” “If it exists, I don’t have it.” “I think this is just like a broken clock is right twice a day type thing.” What seems to be a more common experience is meeting someone you just click with—only to find out later that they’re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger community—with its definite non-asexuality—has also adopted the signal. “It’s still a thing,” said Emily Karp. “So some people wear their ace rings just to the ace meet-ups.” Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. “We played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way that’s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.” 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the group’s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohen’s book, “The Other Significant Others,” published in February. Cohen’s book discusses friendship as an alternative model for “significant others,” apart from the romantic model that is presupposed to be both the center and goal of people’s lives. The AAMA group received the book with enthusiasm. “It literally re-wired my brain,” as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. “I can break up with a friend over text, and we don’t owe each other a conversation,” one said. But there was some disagreement when it came to the book’s discussion of romantic relationships. “It relegates ace relationships to the ‘friend’ or ‘platonic’ category, to the normie-reader,” one person wrote in the chat. “Our whole ace point is that we can have equivalent life relationships to allo people, simply without sex.” (“Allo” is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some don’t. And some aromantics don’t identify as asexual, either. The “Aromantic” in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didn’t really have a space to call their own. “We were thinking it would be good to probably change the name of the Meetup group,” Emily said. “But we were not 100% sure. Because [there were] like 1,000 people in the group, and they’re all aces, and it’s like, ‘Do you really want to add a non-ace person?’” The group leadership decided to err on the side of inclusion. “You know, being less gatekeep-y was better. It gave them a place to go — because there was nowhere else to go.”

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the center’s bisexual support group, since they didn’t have any resources for ace folks. “The organizer said, you know what, why don’t we just start an ace/aro group? Like, why don’t we just do it?” He laughed. “I was impressed with the turnout, the first call. It’s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.” The group has a great deal of overlap with the AAMA, but it is often a person’s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. “And I’m so grateful that I did,” one member said. “I kind of showed up and just trauma dumped, and everyone was really supportive.”

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the “I” is added to the acronym, the “A” is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but “aromantic” is not one of them — presumably because aromantic people don’t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ‘missing something.’ One member of the LGBT center support group had an interesting response. “The space is filled by… whatever else!” they said.  “We’re not doing a relationship ‘without that thing.’ We’re doing a full scale relationship — as it makes sense to us.”

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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