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Judge dismisses gay D.C. cop’s bias lawsuit

Former officer claimed anti-gay harassment and retaliation

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Former D.C. Police Chief Peter Newsham told the Blade at the time the lawsuit was filed that the MPD does not tolerate discrimination. (Blade file photo by Michael Key)

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.

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District of Columbia

‘People don’t see me. They see a trend’

New popularity of all things Asian warps view of multiple cultures

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Lily Brugman (Photo courtesy of Lily Brugman)

As I was growing up, my parents often shared stories about how they were bullied when they were my age, just for being Asian. My mom is Cambodian and my dad is “Wasian,” Chinese and white. Students teased them for their looks, their homemade lunches, and treated their traditional holidays as jokes.

I once asked my mom when I was little if she could pack me dumpling leftovers for lunch. “Yes,” she said with a surprised look, adding, “I would have never wanted to bring dumplings to school when I was your age because I would always get bullied for them. I’m glad times have changed.” 

At the time, I was confused. Whenever I brought a homemade Asian dish to school for lunch, I was happy to hear intriguing and curious questions from the other kids. It felt good to have my meal be popular and different from the Lunchables everyone else had.

Though times have changed, racism still continues. It just has a new face. Today, social media pretends to flatter our cultures in an insincere way trying to gain popularity just for clicks. Think anything from K-pop to Japan’s surge in international tourism. Even Starbucks has added drinks with the flavor of ube yam, native to the Philippines, onto its menu.

I feel that now when people see me, they don’t see me, they see a trend. 

For years, Asian people have been portrayed as foreign or exotic. The new embrace of foods and fashion at first felt good. Asians have never been represented as much as they’ve deserved. 

But this new popularity warps what non-Asians see. Instead of the blunt and direct racism my parents faced, everything now is a gray area, more discreetly hidden behind some TikTok video. It actually normalizes racism and stereotypes.

Whitewashing my culture 

As a 15-year-old Asian American who lives in D.C., I’ve always been one of the few Asian kids in school; my high school today counts less than 2 percent of students as being of Asian descent. I remember always being called “that one Asian girl” or some slur a kid learned from their parents. Every time I search for something related to Asian culture, such as a recipe or maybe a holiday, it’s always the same thing: some white person whitewashing my culture.

Social media is the main culprit, of course. I realized this when I entered high school and got a phone and was introduced to the internet. That is when I realized how messed up the new stereotypes around Asians are. 

One pattern I started to notice was people wanting to be Asian just because it was popular. It was hurtful, patronizing, and annoying. They made assumptions about our race and then only found us “cool” because we were trending. How can people go from hating us or finding us weird, to then only liking us because we’re popular?

There was a trend going around on TikTok called “race change to another” or RCTA.  It is this trend of people manifesting certain physical traits to change their appearance in order to change races. According to journalist Emi Tran, writing then as an intern for NBC Digital, the trend started when a white woman wanted to be Japanese. The woman began posting TikTok videos of herself wishing for different features such as monolids. Tran wrote in that 2023 article that “the overwhelming majority of the RCTA community wants to be East Asian.”

People also look up to K-pop culture, idolizing the pop groups pulled together by big entertainment companies. Most people expect all Koreans to be K-pop fans. Korean friends are asked about K-pop all the time even though they are not into the South Korean music genre.

Although I am not South Korean — I am half Cambodian and Chinese — I still get asked, almost like I’m expected, “You’re really into this group, right?” or “Can you tell me how to pronounce this member’s name?”

I was asked even worse questions during COVID-19. Suddenly, discrimination and violence were increasing specifically toward Asians everywhere. Suddenly, almost everyone was blaming Chinese people for spreading and causing COVID-19.

I remember going to school for one of the last times before quarantine had started and hearing kids whisper, “Oh, she’s going to give us the Coronavirus.” President Donald Trump had publicly posted his opinions about the situation on social media, blaming China for the pandemic, even calling it the “Chinese Virus” or the “Wuhan Virus.” According to NPR, anti-Asian hate crimes in U.S. cities surged 149 percent that year.

Lily Brugman’s parents (Photo courtesy of Lily Brugman)

The topic of Asians in the media has always been complicated. One moment people can hate us for being weird and different and the next we’re suddenly popular and cool for the same reasons. 

I feel conflicted on whether I should feel happy that we’re being represented or angry that it’s all for the wrong reason and has the wrong effects.

Lily Brugman is a sophomore at Benjamin Banneker Academic High School, one of Youthcast Media Group’s journalism class partners. She worked with YMG volunteer and Professor Emerita in journalism at American University Amy Eisman on this piece.

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District of Columbia

Gay men linked to 2006 Wone murder failing to make lawsuit settlement payment

Stabbing death of D.C. attorney in house near Dupont Circle startled community

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Robert Wone was stabbed to death 20 years ago.

The wife of D.C. attorney Robert Wone, who was found stabbed to death on Aug. 2, 2006, in the Dupont Circle area home of three gay men, has filed a complaint in court accusing two of the men of failing to make the payments they promised to make to settle a $20 million wrongful death lawsuit the wife filed against them  in 2008.

The court filings in D.C. Superior Court in May of this year by Katherine Wone provide new details of the lawsuit settlement related to a 20-year-old murder case that observers have compared to a murder mystery novel involving three gay men and the fatal stabbing of their friend whose wife insists was straight.

Court records and D.C. police reports show that Robert Wone was said to  have arrived at the townhouse of his long-time college friend Joe Price after spending all day and part of the night working late at his downtown office at Radio Free Asia.

Price, a gay rights attorney at that time associated with the LGBTQ group Equality Virginia, and his partner Victor Zaborsky and their housemate Dylan Ward – who were also friends of Wone – said later that they invited Wone to spend the night in their guest bedroom so he wouldn’t have to drive home to Oakton, Va., where he and his wife lived, before having to return to work in D.C. the next morning.

Court records show that later that night D.C. police responded to a 911 emergency call made by Zaborsky to the gay men’s house at 1509 Swann Street, N.W. and found Wone stabbed to death on what appeared to be a neatly arranged bed.

The three men told police they were certain an intruder entered the house and stabbed Wone while they were asleep in their bedrooms. But homicide detectives reported that the crime scene appeared to have been cleaned up and possible evidence tampered with.

After the investigation dragged on for more than two years, prosecutors obtained an indictment against the three men on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with the Wone murder. No murder-related charges were brought, prompting legal observers to conclude that authorities didn’t have sufficient evidence to charge the men with murder.

But a detailed arrest affidavit filed and released at the time the charges were brought against the three gay men startled those who knew them and created a sensation in the surrounding community, especially the LGBTQ community.

Among other things, it said autopsy findings and physical evidence indicated that Wone had been restrained or immobilized by a paralytic drug before being stabbed. It said three stab wounds on Wone’s chest and abdomen were surgical in nature, with no indication that Wone moved or tried to defend himself while being stabbed.

In addition, the affidavit said the autopsy found needle marks on Wone’s body that were not made by emergency medical technicians that arrived on the scene and examined Wone. 

At the advice of their attorneys, the three men chose to wave their right to a jury trial and requested that Superior Court Judge Lynn Leibovitz preside over the trial and render the verdict. Following testimony by expert witnesses on both sides, after the men chose not to testify, and dramatic closing arguments by prosecutors and the defense attorneys, the judge found the men not guilty on all three charges. 

In a lengthy written verdict, she read from the bench, Leibovitz said while she believed there was significant evidence implicating the defendants, there continued to be reasonable doubt on all charges against them. However, she said she did find that prosecutors established beyond probable cause that Wone was not murdered by an intruder who entered the house while the three men were asleep.

“Nevertheless, after lengthy analysis of the evidence, I conclude that the government has failed to prove beyond a reasonable doubt the essential elements of obstruction of justice or evidence tampering,” Leibovitz said in delivering her verdict.  

While greatly relieved by the not guilty verdict, Price, Zaborsky, and Ward were still facing a $20 million wrongful death lawsuit that Katherine Wone filed against them prior to their criminal trial. As the two sides prepared for a civil trial the defense team announced the three gay men would invoke their Fifth Amendment constitutional right to refuse to testify at the civil trial on grounds that their testimony could lead to self-incrimination.

Possibly because of that or other reasons, Katherine Wone announced that she and the three men had reached an out of court monetary settlement of the lawsuit, the terms of which would not be publicly disclosed. 

In her recent court filings in May on behalf of the Estate of Robert Wone, which were filed against Price and Zaborsky but not against Ward, Katherine Wone charges the two men with failing to pay thousands of dollars as part of the settlement agreement. Separate complaints she filed against them disclose for the first time that Price had agreed to an $80,000 settlement amount in 2011 to be paid through monthly installments over the next 20 years.  

The non-payment complaint filed against Zaborsky by Wone states that he had agreed to a settlement in 2011 of $66,000 also to be paid over 20 years in 240 monthly payments. 

Although the initially filed $20 million lawsuit also named Dylan Ward as a defendant, court records do not show any complaint filing against Ward for nonpayment, leading some observers to speculate that Ward may have already paid the full sum of whatever amount Wone’s lawsuit sought from him. 

The Washington Post has reported that court filings show that as of May 29 of this year, Price owed $56,893.75 and Zaborsky owed $31,753.75 in missed payments and bounced checks plus fees and interest.

The two complaints filed by Wone against the two men also state that the settlement agreement they signed allows the Wone estate to call for the “immediate” payment of the entire amount they agreed to pay if they default on their monthly payments.  

Court records show that a “remote scheduling conference” before a debt collection judge was scheduled to take place in D.C. Superior Court on Sept. 22.           

Price, Zaborsky, and Ward have declined to respond to press inquiries including inquiries from the Washington Blade regarding the criminal trial and lawsuit. The non-payment complaints filed by  Katherine Wone show that Price’s current residence is in Ft. Lauderdale, Fla. and Zaborsky now resides in Tamarac, Fla.

News of the latest complaints filed against Price and Zaborsky for nonpayment of the lawsuit settlement payments was first reported on Aug. 2 by the website called Who Murdered Robert Wone, which was created by four gay men shortly after Wone’s 2006 murder.

“We’re left to wonder if the threesome, or whoever remains of it now, will ever come clean on what they know and may have done,” Craig Brownstein, one of the men who created the website stated in the Aug. 2 posting. “The optimists will hope for a confession of some sort, an explanation, the pessimists are convinced they’ll take their secrets to the grave,” Brownstein wrote. “Time will tell.”

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District of Columbia

Whitman-Walker’s 40th Walk & 5k Run to End HIV set for Sept. 19

Event raises funds for support services for people with HIV

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A scene from last year's Walk to End HIV. (Washington Blade photo by Michael Key)

Whitman-Walker Health, D.C.’s LGBTQ supportive healthcare center and medical clinic, is calling on D.C. residents and supporters to take part in its 40th annual Walk & 5K Run to End HIV scheduled to take place Saturday, Sept. 19.

The event, in which participants choose to walk or run, begins at 8:45 a.m. at the Roller Skating Pavilion at Anacostia Park located at 1500 Anacostia Drive, S.E. 

The route, similar to recent years, will take participants from the Skating Pavilion site going west along Anacostia Drive to the Poplar Point parking lot, where there will be a turn around to return along Anacostia Drive to the finish line at the Roller Skating Pavilion, according to Whitman-Walker spokesperson Lisa Amore.  

“Held for the past 40 years, the Walk & 5K to End HIV is Whitman-Walker Health’s signature fundraiser that calls on thousands of Washington, D.C. area residents to lace up their shoes and walk or run to support WWH’s mission of providing dependable, high-quality, comprehensive and accessible health care to those living with or affected by HIV/AIDS,” a statement released by Whitman-Walker says.

The statement says that at the completion of the walk and run, a stage program with live entertainment and family activities, including free snacks and drinks, will take place at the Anacostia Park Skating Pavilion from 9:30-11 a.m.

It says a free shuttle bus will be available to take participants from and to the Anacostia Metro station before and after the event takes place.

Among the event’s goals are “mobilizing attendees to walk and donate to sustain independent policy research, as well as raise their voices by contacting elected officials to protect the national commitment to end HIV by 2030,” the statement says. It adds that all donations are fully tax deductible and supporter checks should be made payable to Whitman-Walker Foundation.

Further information and registration for the walk and run can be accessed at www.walktoendHIV.org.

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