[Hpn] POLICE MISTREATMENT & ABUSE WIDESPREAD IN LESBIAN,GAY TRANSGENDERED COMMUNITIES

William Charles Tinker wtinker@metrocast.net
Thu, 22 Sep 2005 07:53:32 -0400


Embargo Date: 22 September 2005

USA: Police mistreatment and abuse widespread in lesbian, gay,
bisexual and transgender communities nationwide

New Amnesty International Study Finds LGBT People of Color and Youth
Most Likely to Suffer; Calls on Police to Improve Training and
Accountability


"The police are not here to serve; they are here to get served.every night
I'm taken into an alley and given the choice between having sex or going to
jail."
-- Amnesty International interview with a Native American transgender woman,
Los Angeles

(New York) - In the most comprehensive report of its kind to date, Amnesty
International (AI) reveals that police mistreatment and abuse of lesbian,
gay, bisexual and transgender (LGBT) people are widespread nationwide and go
largely unchecked due to underreporting and unclear, under-enforced or
non-existent policies and procedures.

"Across the country, lesbian, gay, bisexual and transgender people endure
the injustices of discrimination, entrapment and verbal abuse as well as
brutal beatings and sexual assault at the hands of those responsible for
protecting them - the police," said Dr. William F. Schulz, Executive
Director of Amnesty International USA (AIUSA). "Some, including transgender
individuals, people of color and the young suffer disproportionately,
especially when poverty leaves them vulnerable to homelessness and
exploitation and less likely to draw public outcry or official scrutiny. It
is a sorry state of affairs when the police misuse their power to inflict
suffering rather than prevent it."

In its 150-plus page report, Stonewalled: police abuse and misconduct
against lesbian, gay, bisexual and transgender people in the United States,
AI focuses on four cities - Chicago, Los Angeles, New York and San Antonio -
surveys the 50 largest police departments in the country, as well as
Washington, D.C., about LGBT policies and practices, and includes
information from several hundred interviews and testimonies. AI's findings
strongly indicate that there is a heightened pattern of misconduct and abuse
of transgender individuals and all LGBT people of color, young people,
immigrants, the homeless and sex workers by police. At times, the mere
perception that someone is gay or lesbian provokes physical or verbal
attacks.

The mistreatment and abuse documented in the report includes targeted and
discriminatory enforcement of statutes against LGBT people, including
so-called "quality of life" and morals regulations; profiling, particularly
of transgender women as sex workers; verbal abuse; inappropriate pat-down
and strip searches; failure to protect LGBT people in holding cells;
inappropriate response or failure to respond to hate crimes or domestic
abuse calls; sexual harassment and abuse, including rape; and physical abuse
that at times amounts to torture and ill-treatment. Several examples
include:

  a.. Young gay men and advocates in Chicago told AIUSA of a police officer
who, according to one man, will "remove his badge, gun and belt and then
beat you unless you give him a blowjob, after which he'll just leave you
there."
  a.. Police officers accused a Latina transgender woman in San Antonio of
stealing. One officer reportedly said, "People like you make the world a bad
place." Three police officers and two detectives allegedly surrounded her
while one officer searched her, exposing her pubic hair, buttocks and one of
her breasts. She said, "I didn't ask to be searched by a female officer.
I've tried that before - they don't care, to them we're all men." She was
not charged with any crime. Officers refused to give her their badge
numbers. She said, "I know to be respectful to police officers but I'm tired
of the way they are treating us."
  a.. Police officers allegedly beat, hog-tied and dragged Kelly McAllister,
a white transgender woman, across hot pavement upon her arrest in
Sacramento, CA. She was placed in a Sacramento County Main Jail cell with a
male inmate who struck, choked, bit and raped her. That inmate received a
mere three-month sentence. No officer has been disciplined for the incidents
surrounding Kelly's incarceration.
  a.. Two lesbians of color reported that two men in Brooklyn, NY, followed,
harassed and threatened them, saying, "I'm going to kill you, bitch. You're
not a man..I'm gonna put you in your place." The verbal abuse escalated to
physical abuse; the two women called 911. When police were told this was a
homophobic crime, the officers reportedly left without further investigating
the incident or taking a complaint, telling the ambulance attendants
responding to the women's call to leave. One woman reportedly was bleeding
from the head due to a blow from one of the men. Her companion stated, "It
was ridiculous. There she was running down the street bleeding and chasing
after the ambulance."
  a.. A Native American transgender woman reported that two Los Angeles
police officers handcuffed her and took her to an alleyway. One officer
reportedly hit her across the face, saying "you f---ing whore, you f---ing
faggot," then threw her down on the back of the patrol car, ripped off her
miniskirt and her underwear and raped her, holding her down and grabbing her
hair. The second officer is also alleged to have raped her. According to the
woman, they threw her on the ground and said, "That's what you deserve," and
left her there.

While it is impossible to obtain accurate statistics, the AI study showed
that transgender people, particularly women and the young, suffer
disproportionately. A large percentage of transgender people reportedly are
unemployed or underemployed, leaving the population more vulnerable to
homelessness or situations that leave them exposed to police scrutiny and
abuse. Meanwhile, 72 percent of police departments responding to AI's survey
said they had no specific policy regarding interaction with transgender
people.

AI welcomed the initiative taken by several police departments to improve
their practices. The West Hollywood Station of the Los Angeles Sheriff's
Department has a Gay and Lesbian Conference Committee that is open to the
public and allows police to stay in touch with community concerns. The City
of West Hollywood also established a Transgender Task Force that addresses
policing issues. In Washington, D.C., the Gay and Lesbian Liaison Unit
(GLLU) is staffed by four full-time officers and ten volunteers, and the
head of the unit, Sgt. Brett Parson, reports directly to the police chief.
GLLU is also involved with training efforts within the police department.

However, the AI report demonstrates that despite initiatives such as these,
police departments nationwide need to do more to protect LGBT people -
something that was reflected in responses to the AI survey of police
policies and practices with regard to LGBT people. Of the 29 departments
that responded to the survey, only 31 percent instruct their officers on how
to strip search a transgender individual; two thirds (66%) of police
departments reported providing training on hate crimes against LGBT
individuals; and while most departments provide training regarding sexual
assault (86%), about half (52%) do not include LGBT-specific issues.

"Police officers are hired to protect and serve all of their communities,
not only the ones they deem worthy," said Michael Heflin, Director of
Amnesty International USA's OUTfront program, which focuses on LGBT human
rights. "Every human being, without exception, has the right to live free
from discrimination and abuse, yet LGBT people nationwide are afraid to
report hate crimes or other abuses to the police, who at times prove
themselves to be the criminals. If we can't count on law enforcement to set
an example, hate crimes and discrimination will continue to flourish in a
land that otherwise has made relative headway in the fight for LGBT rights."

Under international law, everyone, regardless of sexual orientation or
gender identity or expression, is guaranteed the fullest enjoyment of his or
her civil, political, economic, social and cultural rights. The United
States is party to the International Covenant on Civil and Political Rights,
the principal international treaty that lays out fundamental rights such as
freedom from arbitrary arrest and detention and torture, cruel, inhuman or
degrading treatment, as well as the Convention Against Torture and the
Convention on the Elimination of All Forms of Racial Discrimination.

For further information, please contact: Wende Gozan at +1 212 633 4247
or Ben Somberg at +1 212 633 4268



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