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District of Columbia

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

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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District of Columbia

D.C. Council urged to improve ‘weakened’ PrEP insurance bill

AIDS group calls for changes before full vote on Feb. 3

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HIV + HEP Policy Institute Executive Director Carl Schmid. (Photo courtesy of Schmid)

The D.C.-based HIV + Hepatitis Policy Institute is calling on the D.C. Council to reverse what it says was the “unfortunate” action by a Council committee to weaken a bill aimed at requiring health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

HIV + HEP Policy Institute Executive Director Carl Schmid points out in a Jan. 30 email message to all 13 D.C. Council members that the Council’s Committee on Health on Dec. 8, 2025, voted to change the PrEP DC Act of 2025, Bill 26-0159, to require insurers to fully cover only one PrEP drug regimen.

Schmid noted the bill as originally written and introduced Feb. 28, 2025, by Council member Zachary Parker (D-Ward 5), the Council’s only gay member, required insurers to cover all PrEP drugs, including the newest PrEP medication taken by injection once every six months. 

Schmid’s message to the Council members was sent on Friday, Jan. 30, just days before the Council was scheduled to vote on the bill on Feb. 3. He contacted the Washington Blade about his concerns about the bill as changed by committee that same day.

 Spokespersons for Parker and the Committee on Health and its chairperson, Council member Christina Henderson (I-At-Large) didn’t immediately respond to the Blade’s request for comment on the issue, saying they were looking into the matter and would try to provide a response on Monday, Jan. 2.

 In his message to Council members, Schmid also noted that he and other AIDS advocacy groups strongly supported the committee’s decision to incorporate into the bill a separate measure introduced by Council member Brooke Pinto (D-Ward 2) that would prohibit insurers, including life insurance companies, from denying coverage to people who are on PrEP.

“We appreciate the Committee’s revisions to the bill that incorporates Bill 26-0101, which prohibits discrimination by insurance carriers based on PrEP use,” Schmid said in his statement to all Council members.

 “However, the revised PrEP coverage provision would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes,” Schmid added.

He told the Washington Blade that although these protections are currently provided through coverage standards recommended in the U.S. Affordable Care Act, AIDS advocacy organizations have called for D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The District of Columbia has always been a leader in the fight against HIV,” Schmid said in a statement to Council members. But in a separate statement he sent to the Blade, Schmid said the positive version of the bill as introduced by Parker and the committee’s incorporation of the Pinto bill were in stark contrast to the “bad side  — the bill would only require insurers to cover one PrEP drug.” 

He added, “That is far worse than current federal requirements. Obviously, the insurers got to them.”

  The Committee on Health’s official report on the bill summarizes testimony in support of the bill by health-related organizations, including Whitman-Walker Health, and two D.C. government officials before the committee at an Oct. 30, 2025, public hearing.

 Among them were Clover Barnes, Senior Deputy Director of the D.C. HIV/AIDS, Hepatitis, STD, and TB Administration, and Philip Barlow, Associate Commissioner for the D.C. Department of Insurance, Securities, and Banking.

Although both Barnes and Barlow expressed overall support for the bill, Barlow suggested several changes, one of which could be related to the committee’s change of the bill described by Schmid, according to the committee report.  

“First, he recommended changing the language that required PrEP and PEP coverage by insurers to instead require that insurers who already cover PrEP and PEP do not impose cost sharing or coverage more restrictive than other treatments,” the committee report states. “He pointed out that D.C. insurers already cover PrEP and PEP as preventive services, and this language would avoid unintended costs for the District,” the report adds.

PEP refers to Post-Exposure Prophylaxis medication, while PrEP stands for Pre-Exposure Prophylaxis medication.

 In response to a request from the Blade for comment, Daniel Gleick, Mayor Muriel Bowser’s press secretary, said he would inquire about the issue in the mayor’s office.

Naseema Shafi, Whitman-Walker Health’s CEO, meanwhile, in response to a request by the Blade for comment, released a statement sharing Schmid’s concerns about the current version of the PrEP DC Act of 2025, which the Committee on Health renamed as the PrEP DC Amendment Act of 2025.

 “Whitman-Walker Health believes that all residents of the District of Columbia should have access to whatever PrEP method is best for them based on their conversations with their providers,” Shafi said. “We would not want to see limitations on what insurers would cover,” she added. “Those kinds of limitations lead to significantly reduced access and will be a major step backwards, not to mention undermining the critical progress that the Affordable Care Act enabled for HIV prevention,” she said.     

 The Blade will update this story as soon as additional information is obtained from the D.C. Council members involved with the bill, especially Parker. The Blade will report on whether the full Council makes the changes to the bill requested by Schmid and others before it votes on whether to approve it at its Feb. 3 legislative session. 

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