District of Columbia
Judge dismisses gay D.C. cop’s bias lawsuit
Former officer claimed anti-gay harassment and retaliation
In a little-noticed development, a federal judge on Feb. 21 of this year dismissed a lawsuit filed in 2015 by gay former D.C. police officer Christopher Lilly accusing fellow officers and supervisors of subjecting him to discrimination, harassment, and retaliation based on his sexual orientation.
In a 65-page ruling, U.S. District Court Judge Emmet G. Sullivan explained why he approved a motion filed by the District of Columbia requesting a summary judgement decision dismissing the case based on the assertion that the lawsuit lacked sufficient evidence to substantiate that discrimination of any kind took place.
The motion was filed by attorneys with the Office of the D.C. Attorney General, who represented the District and the Metropolitan Police Department of Washington, D.C., who were named as defendants in the lawsuit filed by Lilly.
Neither Lilly nor his attorney, Sameera Ali of the D.C. law firm Ali, White & Coleman, responded to a request by the Washington Blade seeking comment on the judge’s ruling.
Lilly charged in his lawsuit filed in May 2015 that between 2011 and 2013 he was subjected, among other things, to repeated anti-gay name-calling and other forms of harassment, including the placement of more than a dozen AIDS awareness stickers on his locker at the Fourth Police District, where he was stationed.
At the time he saw the AIDS stickers on his locker he also saw that someone wrote the word “fag” on the locker and poured a white liquid on the floor next to the locker simulating semen, according to the lawsuit.
The lawsuit says the discriminatory actions began shortly after December 2010 when “without plaintiff Lilly’s knowledge or consent, his sexual orientation, homosexual, was publicized maliciously and intentionally” at the Fourth District.
“Following plaintiff Lilly’s ‘outing,’ any other officer to come into contact with plaintiff Lilly subjected him to scrutiny, retaliation and ridicule by means of vulgar language, slandering his name and abilities to function as a police officer and questioning his abilities to serve due to his sexual orientation,” the lawsuit alleged.
The lawsuit, among other things, charged D.C., through the actions of police officials, with violating the D.C. Human Rights Act, which bans discrimination based on sexual orientation, and violating Title VII of the U.S. Civil Rights Act of 1964, by discriminating against Lilly because of his gender and sexual orientation, creating a hostile work environment, and retaliating against him when he raised objections to the alleged discrimination.
In his ruling dismissing the case, Judge Sullivan points to arguments in the District’s answer to the lawsuit filed in 2020 and in the District’s motion calling for summary judgement, that Lilly failed to provide sufficient evidence to support his allegations.
The judge also cited what he described as multiple undisputed facts presented by the AG Office attorneys showing that Lilly had faced disciplinary actions for breaching police rules, including not showing up for work or showing up late for his shift of duty.
Other allegations by the MPD against Lilly, which Judge Sullivan says were unrelated to his sexual orientation, involved the temporary revocation of his police powers in 2012 due to alleged emotional stress he faced from a work-related exposure to bedbugs, according to the judge’s account of court filings.
“A few days later, Mr. Lilly was referred by MPD officials for a Psychological Fitness for Duty Evaluation,” the judge states in his ruling.
“Gloria Morote, a licensed clinical psychologist, evaluated Mr. Lilly on October 10, 2012, and October 24, 2012, alongside MPD referral documents informing her that ‘following a period of good service, Officer Lilly’s performance and appearance began to deteriorate in August/September 2012,’ including ‘two major investigations for neglect of duty,’ ‘deterioration’ in his mental condition, and ‘marked nervousness and erratic behavior while on-duty after exposure to bedbugs,’” the judge wrote in his ruling.
Over the next several months, the judge’s ruling states, Lilly continued to get into trouble for being late for work and other breaches of police rules leading up to May 22, 2013, when “Mr. Lilly was placed on administrative leave after ‘rambling’ with ‘glassy’ eyes to a commanding officer about being sent by his family to a ‘funny farm,’” Judge Sullivan continues in is ruling.
“Then, on May 31, 2013, Mr. Lilly self-admitted into Dominion Hospital, a mental health facility in Virginia, to receive psychiatric treatment,” Sullivan states.
He reports in his ruling that based on Lilly’s record of infractions of police rules and his mental health status, the Police and Firefighters’ Retirement and Relief Board (PFRRB) “ordered Mr. Lilly’s retirement, determining that he was incapacitated from further duty by reason of a disability incurred in the performance of duty, and his retirement took effect on August 16, 2013.”
Court records show that under this forced retirement order Lilly would receive 40 percent of his salary as part of his retirement benefit.
“Drawing every justifiable inference in Mr. Lilly’s favor, as the Court must do, it finds no basis under Title VII or the D.C. Human Rights Act upon which a reasonable fact finder could conclude that the District had discriminatory intent based on his gender and/or sexual orientation or was retaliating against him for taking part in a protected activity,” Sullivan concludes in his ruling. “Accordingly, the District’s Motion for Summary Judgement, EFC No. 45, is granted.”
The judge described his action as a “final appealable order,” which indicates that Lilly could appeal the ruling to the D.C. Court of Appeals.
Lilly and his lawyer, Sameera Ali, couldn’t immediately be reached to determine whether Lilly plans to appeal the decision.
Shortly after Lilly’s lawsuit was filed, officials with the MPD and the Office of the Attorney General declined to comment, saying they could not discuss issues surrounding a pending lawsuit. But then Assistant D.C. Police Chief Peter Newsham, who later became Chief of Police, told the Blade the department does not tolerate discrimination.
“I can’t talk about a specific lawsuit,” he said. “But I can tell you about how we don’t tolerate bias by any members of this police department,” said Newsham. “It’s something we take very seriously. And if we become aware of it, corrective action will be taken all the way up to removal if it was severe enough,” he said.
District of Columbia
200 turn out for ’Love Fest’ Drag Story Hour at Freddie’s
Performer reads stories to kids and parents as three protest outside
Between 200 and 250 people, including parents and their children, turned out on Saturday, May 4, for a “Love Fest” Drag Story Hour brunch hosted by the Arlington, Va., LGBTQ establishment Freddie’s Beach Bar and Restaurant.
Local drag performer Tara Hoot, who read children’s stories and handed out coloring books to the kids attending the event, was joined by members of the Gay Men’s Chorus of Washington, which sang several songs before Hoot began reading from children’s books in keeping with the tradition of drag queens conducting Drag Story Hour events across the country.
The May 4 event at Freddie’s in the Crystal City section of Arlington took place four weeks after the start of a similar event hosted by Freddie’s was delayed by a bomb threat, forcing those who had arrived to exit through a rear door and wait in a parking lot as Arlington police conducted a search of the premises with a bomb sniffing dog. No trace of a bomb was found.
All the customers, including parents and their kids, were invited back inside and the show took place as planned.
No similar threat occurred at the May 4 event. But three male protesters assembled on the sidewalk next to the parking lot behind the Freddie’s building, with one of them shouting from a bullhorn passages from his Bible that he said indicated the Drag Story Hour event was an “abomination.”
The three protesters were outnumbered by nearly a dozen counter protesters who were members of the Rainbow Defense Coalition, an LGBTQ organization. They carried bright, rainbow-colored umbrellas while chanting messages of support for the Drag Story Hour event.
Freddie Lutz, Freddie’s Beach Bar owner, called the event a “smashing success” that brought an “outpouring of love from the community.” Lutz released a flier on social media promoting the Love Fest event shortly after the earlier event interrupted by the bomb threat as a showing of love “to stop the hate.”
“Join us for the next story time brunch dressed in your favorite rainbow/hippie outfit” and “carry your favorite homemade signs of support,” Lutz said in his promotional flier. He came to the event dressed in what he called his hippie protest outfit.
Lutz said while the protesters did not interrupt the event, he was concerned that their shouting was scaring some of the kids as they and their parents walked by the protesters to enter Freddie’s.
“I went out back and tried to talk to one of them and it was kind of like talking to a brick wall,” Lutz told the Washington Blade. “He was screaming at the parents that were crossing their kids on the crosswalk,” Lutz said. “And I said, you’re screaming at those kids, you’re scaring them.”
Lutz said the man told him he was yelling at the parents, not the kids. “And I said, no you’re not. The kids are hearing you. You’re scaring them.”
Added Lutz, “And to have such a fun-loving, happy show and then walk out on the sidewalk to that is very disheartening. It’s really sad. I told him my God is a forgiving and loving God.”
One of the protesters, who declined to disclose his name, said he and his two fellow protesters came to talk about the gospel of Jesus Christ.
“We want them to know this is an abomination to the Lord,” he told the Blade. “We want them to know those children don’t have a voice and they’re being brainwashed in there. We’re here to call out their sin.”
Stephanie Krenrich, who brought her two-year-old daughter to the event, said she strongly disputes the claims of the protesters.
“I brought my daughter here because I think that it was a beautiful and wonderful show, and it was great for her,” she said. “And I think it’s pretty offensive when people come to Arlington and tell parents what to do, especially for something so beautiful and so fun and so wholesome,” she told the Blade.
“So that’s why I brought her,” Krenrich said. “I think that it’s really important that we stand up for our values and people just being themselves, being happy and being them.”
Among those who attended the event were four elected officials from Arlington – Virginia State Sen. Barbara Favola, Virginia State Del. Adele McClure, Arlington County Board member Maureen Coffee, and Arlington and Falls Church State’s Attorney Parisa Dehgani-Tafti.
Also attending was Nick Benton, editor and publisher of the LGBTQ supportive Falls Church, Va., News Press; and Kellen McBeth, president of the LGBTQ group Equality Arlington.
“It was fantastic to see so many people come out to support Freddie’s, to support the LGBTQ+ community,” McBeth said. “It was a great event and we’re happy to be a part of it.”
District of Columbia
Another successful Taste of Point fundraiser
Scholars praise financial, networking support
The Point Foundation hosted its annual Taste of Point DC fundraising event on Thursday with nine participating restaurants, a drag performance, and a silent auction.
The event was hosted on the rooftop of the Room & Board on 14th Street, with an afterparty at Shakers. Point donors, scholars, and alumni circled the rooftop eating chips and guacamole from Mi Vida and drinking Pinot Grigio from Barkada.
After about an hour of mingling the events began with event committee member, Kelly Horton and Kevin Kim Wright, chief of staff welcoming the crowd and speaking about the importance of their presence during this pivotal time in queer youth history. Then, Wright welcomed BIPOC Scholar Katherine Guerrero Rivera, saying she was a model of a Point scholar.
“We’re always impressed with all of our scholars and Katherine is another example of a student who is deeply engaged in their campus life and a myriad of projects, everything from creating her own podcast to being a part of a number of student organizations.” Wright said.
Rivera said that the Point Foundation scholarship helps her resist the pressure to drop out. She pointed out that just over 50 percent of Latina students who attend college graduate.
“The Point BIPOC Scholarship is not just financial support, Point has connected me with hundreds of people like me studying on campuses across the country.” she said.
Rivera is a criminology major and poetics minor at University of Maryland and said she hopes to use her degree to bring knowledge to her community through art and advocacy. She said it is important for her to take academic jargon and make it accessible to her community.
“Too often, the history of LGBTQ and people are ignored and silenced during our education,” she said. “I want to use my access to higher education and the chance to develop my creative skills to bring light to societal issues.”
She finished her speech with applause for the audience, then Horton came back with drag queen Tara Hoot to discuss ways donors could continue to support the Point Foundation.
After the lineup of events Wright said he felt great about the event, because it was a celebration of Point’s scholars.
“Some are interning for United States senators, some are volunteering for leading national non-profits, so to be able to celebrate all that’s being done here is truly amazing,”
Wright continued, thanking the D.C. restaurant community for consistently showing up in force to support Point.
“This really helps to paint the picture that this movement is growing,” he said. “People believe in this mission to provide LGBTQ young people with the opportunity to pursue their higher education goals, to improve their leadership abilities and then go on to make a significant impact on society.”
CLICK HERE to see more photos from Taste of Point.
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
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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Another successful Taste of Point fundraiser
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