As part of Operation Save America's siege of Birmingham, as I reported yesterday, the group moved their camp to a Tuscaloosa clinic, West Alabama Women's Center. The group was crowing about the arrest of the Center's director Gloria Gray on their Web site and since the newsaccounts about Tuesday's protest in Tuscaloosa didn't really explain why it was the director who got arrested I called the Center myself in order to figure out what happened.
I spoke to the Center's registered nurse Lorrie Foss-McGaha. She said that Tuscaloosa police had told the clinic staff earlier that the anti-abortion group had applied for a permit to demonstrate, but that the permit was for Wednesday, July 18.
"We were excited about that because we're closed on Wednesdays," Lorrie explained. But, she said, the Center started getting a bunch of calls from women needing appointments that, according to the callers, could only be on Wednesday. "That's how the protestors found out we were closed on Wednesdays," she said.
The clinic opens at 8 a.m. and by 8:30 a.m. on Tuesday, July 17, Lorrie said, the protestors showed up and "swarmed" all over the property, including the parking lot, which is on private property. Clinic staff, Lorrie asserted, have dozens of pictures of the antichoice protestors on the private property, as close as 12 feet from the front door, despite news coverage saying they were only standing on the "right of way." (A "right of way" is generally treated as public property by a court of law.)
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Protestors, said Lorrie, actually came inside the clinic, as well.
"Two young females [protestors] came inside looking like patients," Lorrie asserted. "And one of receptionists notified us that they walked in. They just asked for a price list and sat down, but they also handed out pamphlets to a patient and they gave one to me. Myself and a policeman escorted them out."
Lorrie described the protestors as having taken over most of the parking lot so that the patients of other health care facilities same complex-a dentist's and an ophthalmologist's office-couldn't park, and couldn't avoid looking at the group's gruesome photos, which they typically carry on oversized signs.
By the time the police arrived, "my director [Gloria Gray] had given them the warning that they were trespassing," Lorrie said. She continued: "We called the police when they first arrived and at first a policewoman arrived. She was very nice, but [the protestors] completely ignored her."
Shortly thereafter, according to Lorrie, more police came but, she said, they were mostly focused on keeping the peace. She said the police didn't seem concerned with the fact the protestors were on private property and lacked a permit.
David Lackey, an Operation Save America official and an organizer of the Tuscaloosa protest, was talking to the officers, Lorrie related, when Gloria Gray, executive director of the clinic, walked over to the where the police and Lackey were talking to explain the situation. That's when Gloria Gray, according to Lorrie, called Lackey a "liar."
"And then the one cop said to her 'Ma'am, I'm telling you to back off or I'm going to arrest you,'" Lorrie said. Gray then replied, according to Lorrie, "That's bullshit." At that point, Lorrie explained, the police officer arrested Gray, charging her with disorderly conduct.
Despite the fact that Gray was physically compromised by a medical test she was undergoing (she had a tube inserted into her nose) the officer handcuffed her. Clinic staffers stood nearby, Lorrie said, holding cups of water for Gray to drink because she was getting dry-mouth from the tube.
After being taken to the police department and booked, Gray was released on a signature bond. Lorrie said when she and Gray returned from the station, which was roughly 10:30 a.m., the protestors had moved off the private property. But she relates they also had printed up pamphlets featuring a picture of the doctor at the Center saying: "BEWARE of this [person]; he murders children in your neighborhood" and they had put them on every car in the lot.
The protestors left around noon, Lorrie said, even though the clinic was open until 5 p.m.
The Center normally enjoys good relations with the police department, Lorrie said. She confirmed what Tuscaloosa News reported that the West Alabama Women's Center is looking into possible legal action against the protesters.
Freddie Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Last year, Baltimore City State's Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers' trials have been completed without convictions.
The bench trial of Lt. Brian Rice, the highest-ranking Baltimore Police Department officer involved in the 2015 death of Freddie Gray, began on Thursday, July 7. Rice faces involuntary manslaughter, second-degree assault, and reckless endangerment; the state dropped a misconduct charge after acknowledging Rice was not directly involved in Gray’s arrest. The closing arguments in his trial are scheduled for this Thursday; the judge is expected to share his verdict Monday.
The Rice trial started just as the public began grappling with the deaths of Philando Castile and Alton Sterling—and the subsequent murder of five police officers at a Dallas protest.
Castile and Sterling, both Black men, died during encounters with police in Falcon Heights, Minnesota, and Baton Rouge, Louisiana, triggering nationwide protests against police brutality and implicit racial bias that have continued into this week.
And just like the days following Gray’s death, social media sites like Twitter and Facebook were flooded with images, videos, and hashtags demanding justice.
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Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Activists and some Maryland legislators accused police of giving Gray an intentional “rough ride,” when inmates or persons in custody are transported in police vans without a seat belt and subjected to frantic driving, ultimately causing them injury. Last year, Baltimore City State’s Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers’ trials have been completed without convictions—and as activists on the ground in Baltimore wait for more verdicts, they are pushing for reforms and justice beyond the courtroom.
The first police trial, which involved charges against Officer William Porter of involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office, ended in a mistrial in December 2015 after jurors failed to reach a verdict.
Baltimore City Circuit Court Judge Barry Glenn Williams acquitted Officer Edward M. Nero of all charges in May. Mosby had charged Nero with misconduct, second-degree assault, and reckless endangerment for putting Gray into the police van without a seat belt.
But many viewed the trial of Caesar R. Goodson Jr., who drove the van, as the most critical of the six. Last month, Judge Williams announced that Goodson, too, had been acquitted of all charges—including second-degree depraved-heart murder, the most serious of those brought against the officers.
Kwame Rose, a Baltimore activist, told Rewire he was not surprised.
“The judicial system of America shows that police are never held accountable when it comes to the death of Black people,” said Rose, who was arrested in September and December during peaceful protests related to Gray’s death.
During Goodson’s trial, Williams said there were several “equally plausible scenarios,” that could have transpired during Gray’s arrest. He also rejected the state’s argument that police intentionally gave Gray a “rough ride,”according to a New York Times account.
Ray Kelly, community relations director for the No Boundaries Coalition of West Baltimore grassroots group and a community interviewer for the West Baltimore Community Commission on Police Misconduct, said he was disappointed by the Goodson verdict. However, he noted that he was heartened by Mosby’s decision to bring criminal charges against the officers in the first place. “It’s a small change, but it is a change nonetheless,” Kelly said in a recent interview with Rewire.
In addition to the charges, Gray’s death eventually sparked a major “pattern or practice” investigation by the U.S. Department of Justice (DOJ). Local activists, including the No Boundaries Coalition, which issued in March a 32-page report that detailed police misconduct in Baltimore and helped to trigger the DOJ, expected the findings of the DOJ investigation in late June.
However, the document has yet to be released, said Kelly, who is a native of the same West Baltimore neighborhood where Gray was detained.
Kelly is expecting a consent decree—similar to the ones in Ferguson, Missouri, and Cleveland, Ohio—and a continued partnership with federal officials in the near future.
For Kelly, the trials—and the lack of convictions—have proved what leaders in groups like the No Boundaries Coalition have been saying in their advocacy. One of those messages, Kelly said, is that the community should continue to focus less on the judicial process for theoretically punishing officers who have committed wrongdoing and more on initiating policy changes that combat over-policing.
Baltimore Bloc, a grassroots group, seemed to echo Kelly’s sentiment in a statement last month. Two days after the Goodson verdict, Baltimore Bloc activists said it was a reminder that the judicial system was not broken and was simply doing exactly what it is designed to do.
“To understand our lack of faith in the justice system, you must first recognize certain truths: the justice system works for police who both live in and out of the city; it works against Black people who come from disinvested, redlined Black communities; and it systematically ruins the lives of people like Keith Davis Jr., Tyrone West and Freddie Gray,” Baltimore Bloc leadership said, referencing two other Baltimore residents shot by police.
The American Civil Liberties Union, citing the U.S. Supreme Court decision in Illinois v. Wardlow, said in a May blog post that police had legal case for stopping and arresting Gray, but also said the action constituted racially biased policing and diminished rights for Black and Latino citizens.
“The result is standards of police conduct that are different in some places than other places. It is a powerful example of institutionalized and structural racism in which ostensibly race-neutral policies and practices create different outcomes for different racial groups,” ACLU leaders said.
Right before issuing its statement in May, ACLU released a briefing paper that said at least 21 individuals had been killed in police encounters across Maryland in 2015. Of those fatal encounters, which included Gray, 81 percent were Black and about half were unarmed.
The ACLU said it was impossible for the agency to determine whether any officers were disciplined for misconduct in most cases because the police refused to release crucial information to the public.
The ACLU began compiling information about police custody deaths after learning that Maryland officials were not tracking those cases. In 2015, state politicians passed a law mandating law enforcement agencies to report such data. The first set of statistics on police custody deaths is expected in October, according to the ACLU. It is unclear whether those will include reports of officer discipline.
In line with those efforts, activists across Maryland are working to bring forth more systemic changes that will eliminate over-policing and the lack of accountability that exist among police agencies.
Elizabeth Alex, the regional director for CASA Baltimore, a grassroots group that advocates on behalf of local, low-income immigrant communities, told Rewire many activists are spending less energy on reforming the judicial process to achieve police accountability.
“I think people are looking at alternative ways to hold officers and others accountable other than the court system,” Alex said.
Like the No Boundaries Coalition, CASA Baltimore is part of the Campaign for Justice, Safety & Jobs (CJSJ), a collective of more than 30 local community, policy, labor, faith, and civil rights groups that convened after Gray’s death. CJSJ members include groups like the local ACLU affiliate, Baltimore United for Change, and Leaders of a Beautiful Struggle.
CJSJ leaders said the Goodson verdict underlined the critical need for “deep behavioral change” in the Baltimore Police Department’s culture. For the past year, the group has pushed heavily for citizen representation on police trial boards that review police brutality cases. Those boards make decisions about disciplining officers. For example, the city’s police commissioner might decide to discipline or fire an officer; that officer could go to the trial board to appeal the decision.
This spring, recent Baltimore City mayoral candidate and Maryland Sen. Catherine Pugh (D-Baltimore), helped pass an omnibus police accountability law, HB 1016. Part of that bill includes a change to Maryland’s Law Enforcement Officer’s Bill of Rights (LEOBR) giving local jurisdictions permission to allow voting citizens on police trial boards. Republican Gov. Larry Hogan signed the changes into law in May.
That change can only happen in Baltimore, however, if the Baltimore Fraternal Order of the Police union agrees to revise its contract with the city, according to WBAL TV. The agreement, which expired on June 30, currently does not allow citizen inclusion.
In light of the current stalled negotiations, Baltimore Bloc on July 5 demanded Baltimore City Council President Bernard C. “Jack” Young instead introduce an amendment to the city charter to allow civilian participation on trial boards. If Young introduced the amendment before an August deadline, the question would make it onto the November ballot.
Kelly, in an interview with Rewire, cited some CJSJ members’ recent meeting with Baltimore Police Commissioner Kevin Davis as a win for Baltimore citizens. During that meeting, held on June 29, Davis outlined some of his plans for implementing change on the police force and said he supported local citizens participating on police trial boards, Kelly said.
This year, the Baltimore Police Department has also implemented a new use-of-force policy. The policy emphasizes de-escalation and accountability and is the first rewrite of the policy since 2003, according to the Sun.
The ACLU has welcomed the policy as a step in the right direction, but said the new rules need significant improvements, according to the Sun.
For example, the policy requires reporting to the department when an officer flashes or points a weapon at a suspect without shooting; the data will be reviewed by the police commissioner and other city officials. However, it doesn’t require the same from officers who use deadly force.
Notably, the policy requires officers to call a medic if a person in custody requests medical assistance or shows signs that they need professional help. Gray had requested a medic, but officers were skeptical and didn’t call for help until he became unresponsive, according to various news reports.
Rose, who recently received legal assistance from the ACLU to fight criminal charges related to his arrests last year, said citizens should continue to demand accountability and “true transparency” from law enforcement.
In the meantime, with four trials—including Rice’s case—remaining and no convictions, many are looking to see if Mosby will change her prosecution strategy in the upcoming weeks. Roya Hanna, a former Baltimore prosecutor, has suggested Mosby showed poor judgment for charging the six officers without “adequate evidence,” according to the Sun.
Meanwhile, Baltimore City’s police union has urged Mosby to drop the remaining charges against officers.
The trial of Officer Garrett E. Miller is slated to begin July 27; Officer WilliamPorter, Sept. 6, and Sgt. Alicia D. White, Oct. 13. All officers charged pleaded not guilty.
Baltimore Bloc, citing its dissatisfaction with her performance thus far, demanded Mosby’s removal from office last month.
Kelly, who counts Baltimore Bloc among his allies, has a different outlook. Calling’s Mosby’s swift decision to charge the six officers last year “groundbreaking,” the Baltimore activist said the ongoing police trials are justified and help give attention to police misconduct.
“She should follow through on the charges ….We need that exposure,” Kelly said. “It keeps the debate open and sparks the conversation.”
“We need to have a national conversation about racism, homophobia, and transphobia,” said Alan Pelaez Lopez, a member of the organization Familia: Trans Queer Liberation Movement. “If these things do not happen, the nation, by definition, will have done nothing to support our communities.”
The same day of the Orlando Pulse nightclub shooting that would take the lives of 49 mostly Latino and LGBTQ-identified people, thousands of miles away in Santa Monica, California, a man was found with weapons, ammunition, and explosive-making materials in his car with plans to attend the annual Pride festival taking place in West Hollywood later that day.
But queer and trans people of color (QTPOC) say these responses are missing the mark, because what their communities really need are deeper conversations and more resources that address their specific experiences, including fewer police at Pride events.
House Democrats held a sit-in on gun control this week as a direct response to the Orlando shooting. Though Alan Pelaez Lopez—an Afro-Latinx, gender-nonconforming immigrant, poet, and member of the organization Familia: Trans Queer Liberation Movement—agrees that gun control is important and should be considered by Congress, they said it can also feel like the community affected by the shooting almost always gets erased from those discussions.
“We need to have a national conversation about racism, homophobia, and transphobia,” the poet said. “If these things do not happen, the nation, by definition, will have done nothing to support our communities.”
Rethinking ‘Pride’ for People of Color
In mid-May, Rewire reported on the National Queer Asian Pacific Islander Alliance (NQAPIA)’s week of action to #RedefineSecurity, which encouraged participants to reimagine what safety looked like in Asian and Pacific Islander communities, and called for them to push back against police presences at Pride events.
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Pride events and festivals take place each June to commemorate the Stonewall riots in New York City, a clash between police officers and members of the LGBTQ community—led by trans women of color—that would kickstart the modern LGBTQ movement.
Even after the Orlando shooting at a gay nightclub, NQAPIA organizing director Sasha W. told Rewire their stance on police at Pride events hasn’t changed, but only grown more resolute.
As an organizer working with queer and trans Muslim, South Asian, and Middle Eastern communities, Sasha W. said the populations they work with say that framing the Orlando shooting as a “terrorist attack” makes them feel “increasingly unsafe.”
“I think part of what we need to remember is to examine what ‘terror’ looked like in queer and trans communities over the course of our history in this country,” Sasha W. said. They cited the Stonewall riots and the inaction by the government during the HIV and AIDS epidemic as examples of some of the many ways the state has inflicted violence on queer and trans communities.
Sasha W. added that pointing blame at Daeshis too easy, and that the oppression queer and trans people face in the United States has always been state-sanctioned. “We have not historically faced ‘terror’ at the hands of Muslim people or brown people. That is not where our fear has come from,” they said.
What’s missing, they said, is a conversation about why police officers make certain people feel safe, and “interrogating where that privilege comes from.” In other words, there are communities who do not have to fear the police, who are not criminalized by them, and who are confident that cops will help them in need. These are not privileges experienced by many in queer and trans communities of color.
Asking the mainstream LGBTQ community to rethink their stance on police and institutions that have historically targeted and criminalized communities of color has been challenging for queer and trans people of color.
What’s become clear, according to Familia: Trans Queer Liberation Movement founder Jorge Gutierrez, is that after a tragedy like Orlando, white LGBTQ members want to feel united, but many don’t want to discuss how things like race and citizenship status affect feelings of safety. Instead, some will push for a greater police presence at events.
There have already been instances of white members of the LGBTQ community publicly shutting down conversations around racial justice. Advocates say the public needs to understand the broader context of this moment.
“The white LGBTQ community doesn’t face the criminalization and policing that our community faces every day. Not just at Pride, but every day, everywhere we go. That’s our life,” Gutierrez said. “If you don’t listen to us when it comes to these issues of safety, you’re not just erasing us from a tragedy that impacted us, but you’re really hurting us.”
As Gutierrez explained, in the hours after the shooting, some media coverage failed to mention Pulse was a gay club, failed to mention it was people of color who were killed on Latino night, and failed to mention that trans women were performing just before the shooting broke out. Gutierrez told Rewire he felt like his community and their pain was being erased, so his organization put together a video featuring queer and trans immigrants of color, including Lopez, to discuss their immediate feelings after the Pulse shooting—and many shared sentiments similar to Sasha W.’s and Lopez’s. One trans Latina said the shooting was “years in the making.”
“The video was important for us to release because the shooting was being framed as an isolated event that randomly happened, but we know that’s not true. We know that the United States has a history of hurting queer and trans people of color and we needed to produce our own media, with our own messaging, from our own people to tell people what really happened, the history that lead to it happening, and who it really impacted. We didn’t want our voices and our realities as immigrants, as undocumented people, as queer and trans people of color, erased,” Gutierrez said.
Without even factoring in an increase in law enforcement, Lopez told Rewire Pride already felt unsafe for people like them.
“I have experienced a lot of racism [at Pride events], the pulling of my hair from people walking behind me, and I have also been sexually harassed by white people who claim to want to experiment with being with a Black person,” Lopez said.
Though Lopez didn’t attendany Pride events in Los Angeles this year, they told Rewire that in previous years, there was already a large police presence at Pride events and as a “traumatized person” who has had many negative interactions with police officers, including being racially profiled and stopped and frisked, encountering law enforcement was scary.
“Seeing [cops] at Pride makes me remember that I am always a target because at no time has the police made me feel protected,” the poet said. “Signs of heavy police presence are really triggering to people who have developed post-traumatic stress disorder from violent interactions with the police, for undocumented communities, for transgender communities, for young people of color, and for formerly incarcerated individuals. When I think of security, I do not think of police.”
Another reason Lopez chose not to attend Pride this year: It was being sponsored by Wells Fargo. The banking corporation sponsors over 50 yearly Pride events and has been called a “longtime advocate of LGBT equality” by organizations like the Human Rights Campaign, which also lists Wells Fargo as a top-rated company on its Corporate Equality Index. But Wells Fargo has a history of investing in private prisons, including detention centers. Calls to drop Wells Fargo from Pride events have been unsuccessful. For queer immigrants like Lopez, attending Pride would mean “financially contributing” to the same corporation and system that they said killed their friends, the same corporation that they said has incarcerated their family, and that they said has tried—but failed—to incarcerate them.
Sasha W. told Rewire that for QTPOC, it’s easy to forget that the event is supposed to be about celebration.
“For many of us, we can’t really bring our whole selves into these places that are meant to make us feel free or we have to turn off parts of who we are in order to enjoy ourselves” the organizer said. “And as far as the policing of these events go, I think it’s worth noting that policing has always been about protecting property. It’s always been about property over people since the days of the slave trade. When we see police at Pride events the assumption [by our communities] is that those police will protect money and business over our queer brown and Black bodies.”
“Really Troubling Policies”
As organizations and corporations work to meet the short-term needs of victims of the Orlando shooting, advocates are thinking ahead to the policies that will adversely affect their communities, and strategizing to redefine safety and security for QTPOC.
Gutierrez told Rewire that what has made him feel safe in the days since the Orlando shooting is being around his QTPOCcommunity, listening to them, mourning with them, sharing space with them, and honoring the lives of the brothers and sisters that were lost. His community, the organizer said, is now more committed than ever to exist boldly and to make the world a safer place for people like them—and that means pushing back against what he believes to be a troubling narrative about what safety should look like.
However, Gutierrez said that politicians are using his community’s pain in the wake of the Orlando shooting to push an anti-Muslim agenda and pit the LGBTQ community against Muslims, conveniently forgetting that there are people who live at the intersection of being queer and Muslim. Perhaps more troubling are the policies that may arise as a result of the shooting, policies that will add to the surveilling and profiling Muslims already experience and that will further stigmatize and criminalize vulnerable communities.
“The government, the police, politicians, they’re trying to equate safety with having more police on the street, at gay clubs—that are like home to many of us, and at Pride. We know that doesn’t make us safe; we know police are part of the problem,” he said.
“Of course we need to make it more difficult for people to get guns, but we also need more resources for our communities so our communities can truly be safe on the streets, in the workplace, at school, at the clubs, and at Pride,” he said. “That means having healthy communities that have resources so people can thrive and live authentically. The answer to our problems is not more police.”
Sasha W. echoed Gutierrez, saying that their community is already fearful of what’s to come because moments of national crisis often create the space for “really troubling policies.”
“That’s how we got the Patriot Act,” the organizer said. “There is a fear that we are in another one of those moments where there are calls for protection and it’s being tied to the false idea of a foreign threat that requires an increase of surveillance of Muslims. Think of how calls for protection have also hurt queer communities, communities of color, trans communities, like the idea that bathrooms aren’t safe because of trans people. Who is really unsafe in this country, and why do policies hurt us instead of protect us?”
Lopez added: “The Orlando shooting was powered by the fact that the United States has a history of violence against LGBTQIA communities, a history of violence against immigrants, a history of violence against women, and a history of colonization of the island of Puerto Rico …The U.S. needs to address institutional problems of race, ethnicity, class, gender, sex, and sexuality if it wants to put an end to future massacres.”
Sasha W. urges QTPOC to “expand their political imagination” and re-envision what security looks like. In the long term, the organizer said, they hope more people recognize who their communities’ “actual enemies” are, instead of turning on each other.
“Let’s recognize that the state has always been something we’ve had to fight to survive and that institutions that hurt us are growing increasingly strong in this moment of crisis, as they often do, so we have to work to disarm and dismantle the institutions that terrorize our communities” they said.
“On another note, we have always been our own best defense, especially in communities of color,” they said. “Supporting each other to protect ourselves better doesn’t happen overnight, I know, but so much of this starts with building community with each other so that we know each other, love each other, and throw down for one another.”