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District of Columbia

Lawsuit charges D.C. Courts illegally fired trans man

Complaint says building technician subjected to abuse by supervisors

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Among the names appearing on the AG office’s court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, a longtime supporter of LGBTQ rights. (Washington Blade photo by Michael Key)

The D.C. Court of Appeals is currently deliberating over whether a 51-year-old transgender man who was fired in June 2019 from his job as a building maintenance technician at three buildings where the D.C. Superior Court and D.C. Court of Appeals are located has legal grounds to contest the firing, which he says was based on his gender identity.

In a little-noticed development, D.C. resident Dion Carter in June 2020 filed a lawsuit in D.C. Superior Court naming the D.C. government as the defendant in the case on procedural grounds, even though D.C. has no legal authority over the courts and was not responsible for more than eight years of discrimination and abusive treatment to which Carter was subjected on the job, according to Carter’s attorney, Stephen Pershing.

At the request of the Office of the D.C. Attorney General, which is representing the DC Court system in the lawsuit, a D.C. Superior Court judge on Jan. 29, 2021, dismissed the lawsuit, also on procedural grounds, without addressing any of Carter’s allegations of discrimination.

Superior Court Judge William M. Jackson stated in a three-page ruling that the D.C. Attorney General’s Office correctly stated in a motion seeking the dismissal of the case that Carter’s lawsuit failed to plead a viable cause of action on two grounds.

One of the grounds, the AG’s office stated, is that the D.C. Courts’ Comprehensive Personnel Policy does not provide employees with a private right of action to seek monetary damages in a lawsuit related to discrimination.

The second ground that the D.C. AG’s office cited, and the judge upheld, is that Carter’s lawsuit was invalid because under court rules pertaining to the D.C. Courts’ personnel system, an internal administrative complaint alleging employment discrimination must be filed and carried out to completion before a lawsuit could be filed in court.

In a brief in support of Carter’s lawsuit, Carter’s attorney, Stephen Pershing, strongly disputes the AG office’s assertions, saying at least one Court of Appeals ruling indicated the D.C. Courts’ personnel policies legally ā€œmirrorā€ the provisions of the D.C. Human Rights Act, which, among other things, prohibits discrimination based on gender identity and sexual orientation.  

Pershing also argued in his court briefs that Carter did file an internal administrative complaint to contest his firing. But he stated that a high-level D.C. Courts’ official advised Carter that under the court system’s personnel rules, a ruling in Carter’s favor could not result in monetary compensation for lost wages or other legal remedies that Carter called for in his complaint. The official advised Carter and Pershing to file the discrimination case in a lawsuit in court, the lawsuit says. This prompted Carter to withdraw his administrative complaint, a development that Pershing now says was based on misleading information provided by the D.C. Court’s official.

In February 2021, Pershing appealed the dismissal of the case before the D.C. Court of Appeals, requesting that the dismissal be reversed and the case be sent back to D.C. Superior Court, where the specific merits of the case could be argued and presented before a jury.

Since the filing of the appeal, Pershing and attorneys with the Office of the D.C. Attorney General have filed briefs under consideration by the Court of Appeals supporting and opposing the contention that the D.C. Courts’ personnel rules allow a remedy for Carter’s discrimination claims.

Like the original lawsuit filed in Superior Court, Carter’s appeal briefs filed by Pershing state that the alleged discrimination against Carter started shortly after Carter first began working in the court system’s building maintenance department in January 2010 as an out lesbian prior to his transition as a male.

At that time Carter already had 15 years of experience in the field of building maintenance technology and became the first woman to hold such as position at the D.C. Courts, the lawsuit says.

According to the lawsuit, the abusive and discriminatory treatment toward Carter increased dramatically in 2015 when Carter informed his then-supervisor Emanuel Allen that he would be taking a short period of leave to undergo gender reassignment surgery. Upon his return to work after the first of five gender reassignment surgical procedures that he has now completed, Carter presented for the first time at work as a male, the lawsuit says.

ā€œFor the six months between Carter’s Family Medical Leave Act notice and his surgery, Mr. Allen cut Mr. Carter out of all overtime duty, overtime that was mandatory for all building maintenance workers and that they considered desirable,ā€ the lawsuit says. It says that when Carter asked why Allen did this Allen refused to provide an answer and threatened to issue a poor work performance evaluation against Carter if he continued to question the overtime denial decision.

When Carter returned from his surgery and presented as male, the lawsuit charges, Allen repeatedly referred to Carter as ā€œhe-sheā€ in the presence of fellow employees as well as high-level officials involved in the operation of the court system buildings. Carter viewed his treatment by Allen as a form of bullying and disrespect, the lawsuit states.

Over the next three years, according to the lawsuit, Carter was subjected to a hostile work environment by supervisors who, among other things, made false claims that Carter was not doing his job properly, was absent from work without permission, and was acting ā€œaggressivelyā€ toward his supervisors or fellow employees. One supervisor blamed Carter’s alleged hostile behavior on the testosterone treatment that Carter was undergoing as a routine part of his gender transition process, the lawsuit says.

The lawsuit alleges that Carter was ultimately fired ā€œon a false pretextā€ allegedly fabricated by James Vaughn, the Chief Building Engineer and Acting Building Operations Manager of the D.C. Courts. The lawsuit and appeals court briefs say Vaughn accused Carter of consuming an alcoholic beverage at one of the court buildings where Carter was assigned to work on April 6, 2019.

Vaughn recommended to the court system’s acting director of capital projects and facilities management that Carter be terminated from his job on grounds of violating Personnel Policy No. 800, which prohibits consuming illegal drugs or alcohol on court property while on duty.

ā€œThat allegation is factually untrue,ā€ the lawsuit states. ā€œMr. Carter neither consumed nor was under the influence of alcohol while on site,ā€ it says.

ā€œMr. Carter’s termination was unjustified on any legitimate ground and was an act of unlawful discrimination on account of Mr. Carter’s race, sex, sexual orientation and/or gender identity and expression, and in retaliation for his complaining to his superiors about his illicit mistreatment on these grounds,ā€ the lawsuit and the current appeals court briefs charge.

ā€œThese acts and omissions caused Mr. Carter loss of employment, loss of pay and other benefits of employment, as well as anguish, intense hurt, humiliation, anger, sense of loss, disappointment, and emotional conflict between his desire for professional excellence and the torment inflicted on him merely for showing up every day, working, and working well, as an African American, as a lesbian, and as a transgender male,ā€ the lawsuit says. 

ā€œThe acts of one or more of Mr. Carter’s superiors alleged in this complaint were motivated by actual malice and/or evil intent and were done with the intention to cause Mr. Carter pain, humiliation, anguish and torment, and as such warrant the imposition of punitive damages,ā€ the lawsuit concludes.

A spokesperson for the Office of the D.C. Attorney General said the office is preparing a statement in response to an inquiry from the Blade on Carter’s discrimination allegations. (We will update this story when we receive the statement.) Among the names appearing on the AG office’s court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, who has expressed strong support for LGBTQ rights in the past.

Douglas Buchanan, a spokesperson for the D.C. Courts, said he would try to determine whether the court system’s building maintenance department would respond to a Blade request for comment on the Carter lawsuit and its allegations that high-level court officials in the maintenance department engaged in anti-transgender discrimination.

Pershing said he plans to file a separate lawsuit on Carter’s behalf in the U.S. District Court for the District of Columbia claiming the discrimination Carter faced violated his constitutional rights. He said he is hopeful that the D.C. Court of Appeals will rule in Carter’s favor, but a backlog in cases will likely mean a ruling would not take place before June of this year.

Under federal court rules, Carter must file his federal discrimination lawsuit in the U.S. District Court within three years from the time he was fired from his job in June of 2019.

Congress created the D.C. court system as a federal entity shortly before it created D.C.’s home rule government in the early 1970s. The U.S. president nominates, and the U.S. Senate confirms all judges. The D.C. Council and mayor have no control over the court system, with Congress funding the system. The system is run by a Joint Committee on Judicial Administration consisting of five judges and a secretary who serves as the executive officer.

Previous D.C. Court of Appeals rulings have held that the D.C. government rather than the D.C. Courts’ system itself must be named as the defendant in lawsuits seeking redress from the D.C. Courts.

Dion Carter (Photo courtesy of India Rogers)

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District of Columbia

Capital Pride wins $900,000 D.C. grant to support WorldPride

Funds not impacted by $1 billion budget cut looming over city

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ā€˜Visitors from around the world come toĀ D.C. toĀ experience ourĀ world-classĀ festivals and events,’ said MayorĀ Muriel Bowser. (Washington Blade file photo by Michael Key)

Capital Pride Alliance, the nonprofit D.C. group organizing WorldPride 2025, this week received a $900,000 grant from the city to help support the multiple events set to take place in D.C. May 17-June 8.

According to an announcement by D.C. Mayor Muriel Bowser and Events D.C., the city’s official convention, sports, and events authority, Capital Pride Alliance was one of 11 nonprofit groups organizing 2025 D.C. events to receive grants totaling $3.5 million.

The announcement says the grants are from the city’s Large Event Grant Program, which is managed by Events D.C. It says the grant program is funded by the Office of the D.C. Deputy Mayor for Planning and Economic Development through a grant from the U.S. Department of Commerce Economic Development Administration.

Nina Albert, the Deputy Mayor for Planning and Economic Development, told the Washington Blade that because the grants consist of federal funds already disbursed to the city, they are not impacted by the billion dollar budget cut imposed on the city by Congress earlier this year.

ā€œWorldPride is one of the 11 grantees, and we’re really just excited that there’s going to be generated a large crowd and introducing the city to a national and international audience,ā€ Albert said. ā€œAnd we think it is going to be a real positive opportunity.ā€

The statement from the mayor’s office announcing the grants says funds from the grants can be used to support expenses associated with hosting large events such as venue rental fees, security, labor costs, equipment and other infrastructure costs.

ā€œAll of those things are things that we do for our major events, including WorldPride,ā€ said Ryan Bos, executive director of Capital Pride Alliance. ā€œSo, the resources from this grant will be extremely helpful as we approach the final weeks of preparation of WorldPride Washington, D.C.,ā€ he said.

Bos said Events D.C. has been an important partner in helping to promote WorldPride 2025 since the planning began more than two years ago. ā€œAnd we’re excited to have them now support us financially to get us over the finish line and have an amazing event.ā€

Both Bos and Deputy Mayor Albert said WorldPride organizers and D.C. government officials were doing all they can to inform potential visitors from abroad and other parts of the U.S. that the local D.C. government that is hosting WorldPride is highly supportive of the LGBTQ community.

The two said WorldPride organizers and the city are pointing out to potential visitors that the local D.C. government is separate from the Trump administration and members of Congress that have put in place or advocated for policies harmful to the LGBTQ community.

ā€œD.C. is more than the federal city,ā€ Bos told the Blade. ā€œIt’s more than the White House, more than the Capitol,ā€ he said. ā€œWe have a vibrant, progressive, inclusive community with many neighborhoods and a great culture.ā€

Marcus Allen, an official with Broccoli City, Inc., the group that organizes D.C.’s annual Broccoli City Music Festival, reached out to the Blade to point out that Broccoli City was among the 11 events, along with WorldPride, to receive a D.C. Large Event Grant of $250,000.

Allen said the Broccoli City Festival, which includes performances by musicians and performing artists of interest to African Americans and people of color, is attended by large numbers of LGBTQ people. This year’s festival will be held Aug. 8-10, with its main event taking place at Washington Nationals Stadium.

“Visitors from around the world come to D.C. to experience our world-class festivals and events,” Mayor Bowser said in the grants announcement statement. “These grants help bring that experience to life, with the music, the food, and the spirit of our neighborhoods,” she said. “Together with Events D.C., we’re creating jobs, supporting local talent, and showcasing the vibrancy of our city.” 

The full list of organizations receiving this year’s Large Event grants are:

• Restaurant Association of Metropolitan Washington

• National Cherry Blossom Festival, Inc.

• Asia Heritage Foundation

• Capital Pride Alliance

• U.S. Soccer Federation

• Broccoli City, Inc.

• U.S.A. Rugby Football Union

• Washington Tennis and Education Foundation

• D.C. Jazz Festival

• Woolly Mammoth Theatre Company

• Fiesta D.C., Inc.  

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District of Columbia

Two charged with assaulting, robbing gay man at D.C. CVS store

Incident occurred after suspects, victim ā€˜exchanged words’ at bar

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D.C. police just after 1 a.m. on April 10 arrested two men for allegedly assaulting and robbing a gay man inside a CVS store at 1418 P St., N.W., according to a police report and charging documents filed in D.C. Superior Court.

The charging documents state that the alleged assault and robbery occurred a short time after the three men ā€œexchanged wordsā€ at the gay bar Number 9, which is located across the street from the CVS.

The arrested men are identified in the charging documents as Marquel Jose Diaz, 27, of Northwest D.C., and Lorenzo Jesse Scafidi, 21, of Elizabeth City, N.C. An affidavit in support of the arrest for Diaz says Diaz and the victim ā€œwere previously in a relationship for a year.ā€

Court records show Diaz was charged with Simple Assault, Theft Second Degree, and Possession of a Controlled Substance. The court records show the controlled substance charge was filed by police after Diaz was found to be in possession of a powdered substance that tested positive for cocaine.

Scafidi was charged with Simple Assault and Theft Second Degree, the court records show.

The D.C. police report for the incident does not list it as a suspected hate crime. 

The court records show both men pleaded not guilty to the charges against them at a Superior Court arraignment on the day of their arrest on April 10. The records show they were released by a judge while awaiting trial with an order that they ā€œstay awayā€ from the victim. They are scheduled to return to court for a status hearing on May 21.

The separate police-filed affidavits in support of the arrests of both Diaz and Scafidi each state that the two men and the victim ā€œexchanged wordsā€ inside the Number 9 bar. The two documents state that both men then entered the CVS store after the victim went to the store a short time earlier.

Scafidi ā€œcame into the CVS shortly after and entered the candy aisle and slammed Complainant 1 [the victim] to the ground causing Complainant 1’s phone to fall out of CP-1’s pocket,ā€ one of the two affidavits says. It says Scafidi ā€œagain picked up CP-1 and slammed him to the ground.ā€

The affidavit in support of Diaz’s arrest says Diaz also followed the victim to the CVS store after words were exchanged at the bar. It says that after Scafidi allegedly knocked the victim down in the candy aisle Diaz picked up the victim’s phone, ā€œswung onā€ the victim ā€œwhile he was still on the ground,ā€ and picked up the victim’s watch before he and Scafidi fled the scene.

Without saying why, the two arrest affidavits say Diaz and Scafidi returned to the scene and were arrested by police after the victim and at least one witness identified them as having assaulted and robbed the victim.

Attorneys representing the two arrested men did not respond to phone messages from the Washington Blade seeking comment and asking whether their clients dispute the allegations against them.

The victim also did not respond to attempts by the Blade to obtain a comment from him. The police report says the victim is a resident of Fairfax, Va.

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District of Columbia

Bowser calls for ā€˜extraordinary’ response to reduction in D.C. budget

Impact on city funding for LGBTQ programs and grants unclear

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Mayor Muriel Bowser warned of ā€˜significant cuts in District Government services.’ (Screen capture via Forbes Breaking News YouTube)

D.C. Mayor Muriel Bowser on April 15 issued an executive order calling for ā€œextraordinary actions,ā€ including ā€œsignificant cuts in District Government services,ā€ to address a decision by Congress to cut the city’s current budget by $1.1 billion.

The nine-page executive order points out that these actions became necessary after the U.S. House of Representatives has so far declined to vote on a free-standing bill approved by the U.S. Senate last month that would restore the $1.1 billion D.C. budget cut initially approved by the House.

In addition to large-scale cuts in city services, the mayoral order says the congressionally imposed city budget cut will bring about city ā€œhiring freezes, financial impacts to employees, reductions and terminations in contracts and grants, and closures of District Government facilities.ā€

The order adds, ā€œThese are unprecedented actions given that the District itself adopted and is able to implement a fully balanced budget, but they are necessary due to the Congressional cut to the District’s budget and its inaction in timely fixing its legislative error.ā€

The House adjourned this week on a recess until the end of April, and congressional observers say it is unclear whether the majority Republican House will take up the Senate bill to undo the D.C. budget cut when the House returns from its recess. President Donald Trump has called on the House to approve the bill to restore the full D.C. budget.

Among the D.C. LGBTQ organizations and those providing services to the LGBTQ community that receive D.C. government funding and that could be impacted by the budget cuts are Capital Pride Alliance, which is organizing WorldPride 2025 set to take place in D.C. next month; and Whitman-Walker Health, one of the city’s largest private healthcare organizations that provides medical services for LGBTQ clients.

Also receiving city funding are the Wanda Alston Foundation, which provides housing services for LGBTQ people; and the LGBTQ youth advocacy and services organization SMYAL.

Spokespersons for the four organizations couldn’t immediately be reached to determine if they knew whether the soon-to-be implemented budget cuts would have an impact on the city funding they currently receive.

In response to questions from news reporters during an April 15 press conference call to discuss the Bowser executive order, Jenny Reed, director of the D.C. Office of Budget and Performance Management, said details on specific programs or funding allocations set to be cut would not be known until the mayor submits to the D.C. Council her Supplemental FY 2025 budget along with her proposed FY 2026 budget.

Reed was joined at the press briefing by Lindsey Parker, Mayor Bowser’s chief of staff; and Tomas Talamante, director of the Office of Intergovernmental Affairs.

They and other city officials have said the impact of the congressionally imposed city budget cut was expected to be lessened but remain highly problematic by Bowser’s decision to invoke a 2009 law that allows the city to increase its own spending without approval by Congress under certain circumstances.

The mayor has said under that law, the city would need to cut its FY 2025 budget by $410 million rather than by $1.1 billion. It couldn’t immediately be determined whether House Republicans, who initiated the requirement that the D.C. budget be cut by $1.1 billion, would challenge the mayor’s plan to invoke the 2009 law to reduce the size of the budget cut.

ā€œWithout the ability to fully execute the Fiscal Year 2025 budget as adopted and approved by the District, this gap will force reductions in critical services provided by our largest agencies, including the Metropolitan Police Department and the Fire and Emergency Medical Services Department,ā€ the mayor’s executive order states.

ā€œThe District will continue to work with members of the House of Representatives to urge them to vote to fully restore the District’s Fiscal year 2025 budget and will continue to work with President Trump to strongly encourage the House of Representatives to take that action,ā€ the order says.

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