The criminalization of sex work has caused more harm than good. D.C. needs a new approach.

For Immediate Release:
October 17, 2019
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

The criminalization of sex work has caused more harm than good.

D.C. needs a new approach.

Statement of Councilmember David Grosso

Washington, D.C. – The following is Councilmember David Grosso’s opening statement delivered at the Committee on Judiciary and Public Safety hearing on the Community Safety and Health Amendment Act of 2019, which would abandon the District of Columbia’s criminalization approach to sex work in favor of one that focuses on human rights, health, and safety:

“Thank you, Councilmember Allen, for convening this hearing today.

“This is a historic occasion as we consider how we as the government and the community should treat commercial sex and, most importantly, how we can better protect the human rights of the people involved.

“Earlier this year, along with Councilmembers Robert White, Brianne Nadeau, and Anita Bonds, I introduced the bill before us today, the Community Safety and Health Amendment Act of 2019.

“Over the past 3 years I developed this legislation in close partnership with the Sex Worker Advocates Coalition, and the bill is in line with recommendations from Amnesty International, the World Health Organization, U.N. AIDS, Human Rights Watch, and numerous other human rights, public health, and anti-trafficking organizations.

“Since coming into office, I have met with and listened to sex workers and other people who trade sexual services for money as well as survivors of human trafficking.

“I met with them because all of my work at the Council is grounded in a human rights and racial equity framework.

“That means looking out for the human rights of the most marginalized communities, including people in the sex trade, and reconsidering policies that perpetuate racism.

“In listening to those most directly affected, I heard how criminalization and stigma cause tremendous harm to people in the sex trade.

“The challenges facing these members of our community are many: I have heard far too many stories of violence, including stabbings, beatings, shootings, rapes, and murder, all because the perpetrators think they can act with impunity against those in the sex trade.

“Worse, we hear of police refusing to help, blaming people in the sex trade for the violence they have suffered. Doctors and other professionals sworn to help instead of mistreating and shaming people. Evictions by landlords and discrimination by shelters and other social service providers.

“Police seize condoms and other safer sex materials, or prosecutors use them as evidence of crime.

“Threats of arrest, of no one believing you because you are just a whore, of being reported to ICE, and more, being used by traffickers and other bad actors to exploit people in the sex trade.

“What I heard and what research has shown is that criminalization of sex for money between consenting adults does not stop these harms from happening.

“Rather, criminalization directly encourages these harms by further marginalizing people, saddling them with criminal records, making them fear the government, and labeling them as criminal and deviant and therefore acceptable targets for violence.

“People in the sex trade and those who work with them are not the only ones who know that the criminalization approach has failed.

“Ask any neighbor in an area where commercial sex happens, and they will tell you that the activity persists, despite police patrols, raids, stings, or marching sex workers across the bridge to Virginia as was done in the ‘80s.

“I often refer to an article from April 28, 2017, in the Washington Post describing the arrests of eight people on prostitution charges at Massachusetts and Twelfth NW.

“The article notes that a similar incident happened in 2014 at the same corner—police arrested 19 people that time. And in 1995, a sergeant was quoted in yet another article in the Post arguing that the latest arrests at the corner had tackled the problem.

“Arresting adults for engaging in consenting sexual acts for money does not stop it from happening and it does not address the other problems that we are concerned about, whether serious ones like violence and exploitation or more trivial but still important ones like condoms on sidewalks.

“It is overdue for D.C. to change how we address commercial sex in our city and seek a new approach that focuses on human rights, health, and safety.

“What is the best approach to achieve those goals? People who trade sex for money tell me that we need to decriminalize consensual sex for money between consenting adults.

“By removing criminal penalties for those in the sex trade, we can bring people out of the shadows, help them live safer and healthier lives, and more easily tackle the complaints we hear from communities about trash or noise.

“Perhaps most importantly, this is about giving people more options, not fewer.

“In New Zealand where this approach has been in place for over a decade, sex workers report feeling safer and better able to assert their rights.

“A report last winter from the London School of Hygiene and Tropical Medicine found that sex workers in criminalized contexts were three times more likely to face physical and sexual violence than those in jurisdictions with less policing.

“The internationally respected medical journal the Lancet estimates that 33 to 45 percent of HIV cases could be prevented by the removal of criminal penalties from commercial sex.

“Contrary to what you may have heard, this bill does not change any of our laws regarding coercion or exploitation, which will continue to be prohibited.

“Nor does it change how criminal penalties are used to combat the trafficking of minors.

“This has been the topic of much debate about the bill. Let me be clear, the bill maintains legal prohibitions on operating a house of prostitution, i.e. a brothel.

“And allow me to clarify another point of content—this bill does not legalize ‘pimping’.

“The use of coercion, force, or fraud by another person to compel someone to engage in commercial sex remains strictly illegal under this proposed legislation.

“To the contrary, by bringing people in the sex trade out of the shadows, we can fully engage them as partners in the fight against human trafficking, as recognized by international anti-trafficking organizations such as La Strada and Global Alliance Against Trafficking in Women.

“Removing criminalization means we can work with people in the sex trade to prevent violence and tackle HIV, as groups from the United Nations to law enforcement to public health experts have all noted.

“Finally, because I believe this bill is a first step to improving community health and safety and because it is important to constantly assess the impact of our work on the Council, the bill creates a task force to study the effects of these changes.

“Particularly important to that effort will be recommendations for budget increases. We know that one of the best ways to fight human trafficking and to give people in the sex trade more options is by funding people’s basic needs.

“Lastly, I would be remiss if I did not note the incredible racial disparities in who is criminalized under our current system. Overwhelmingly, people who are African American are arrested and convicted of the offenses that this bill would decriminalize.

“Data from MPD shows that from 2014 to 2017, almost 74% of arrests for commercial sex were of African American people, with about 14% being Latina or Latino.

“Data from the D.C. Sentencing Commission shows that over the last two years, 89% of individuals convicted for prostitution-related offenses were African American. Since 2010, that percentage has been roughly the same, at 87%.

“We also know that the LGBT community, particularly transgender women, is disproportionately affected by the criminalization of commercial sex.

“This legislation is about reducing harm. I know that everyone here today shares that goal. We may have different opinions about the best approach, but let us assume the best intentions of each other.

“Keeping people safe, healthy, and with their human rights respected cuts across whether someone identifies as a sex worker, sex trafficking survivor, or is just doing what they need to do in order to pay the bills.

“We need to dramatically improve life for people in all these circumstances. The bill before us today may not be perfect, but its core tenets represent our best chance for significantly changing things for the better for the communities we all care about.

“Thank you, again, Councilmember Allen for holding this hearing.

“I know that it wasn’t easy, but you took up the challenge of furthering the discussion on this topic, and I’m grateful to you for that. Our city is better for it.

“Finally, thank you to everyone here today to testify. I look forward to the discussion.”

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Councilmember Grosso introduces bills to strengthen safe passage to school and support students on extended medical leave

For Immediate Release:
July 10, 2019
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Councilmember Grosso introduces bills to strengthen safe passage to school and support students on extended medical leave

Washington, D.C. – Councilmember David Grosso, chairperson of the Committee on Education, yesterday introduced two bills to support students’ academic success by improving safe passage to school and reducing barriers to academic instruction when medical conditions require them to be away from school for extended periods of time.

“We have a responsibility to ensure that our students feel safe from the moment they step out of their home until they return from school at the end of the day,” Grosso said. “Unfortunately, our city has experienced far too many shootings near our schools in just this past year which threatens our students’ sense of safety and negatively impacts their ability to learn.”

According to research conducted by Guns & America, 177 of the 286 shootings in the District of Columbia occurred within a 1,000-foot-radius of a school campus. Most of these incidents were concentrated near schools on the east end of the city.

The Safe Passage to School Expansion Act of 2019 establishes an Office of Safe Passage charged with improving the safety of students on their way to and from school through the creation of a five-year plan, enhanced agency coordination, grant making, and data collection. It also requires the Mayor to provide a shuttle bus from Metro stations to DCPS and public charter schools with the fewest transportation options.

“With continuous and sustained safe passage programming, I believe our students, schools, and communities will be safer and our students will be in a better position to succeed academically,” Grosso said.

Grosso also introduced legislation to protect the right to an education for students who are absent from school for an extended period of time due to physical or psychological reasons.

“Students in the District of Columbia have a right to an education even when they are unable to attend school for long periods of time due to medical reasons. However, it has become clear that D.C. is not always fulfilling that responsibility to our students,” Grosso said.

Research conducted by Councilmember Grosso’s office found major shortcomings across sectors in the provision of home and hospital instruction services to students.

At DCPS, many parents are unfamiliar with their home hospital instruction program. There is no transparent process for determining a child’s eligibility, no clear mechanism for appealing a decision, and no basic public data about the program.

Further, students who are admitted into the Psychiatric Institute of Washington or St. Elizabeth’s Hospital do not receive any instruction at all. It is also unclear if all public charter schools have a program in place, what the requirements are, or if they are in line with best practices.

The Students’ Right to Home or Hospital Instruction Act of 2019 requires every local education agency to adopt and implement a home or hospital instruction program that provides academic instruction and support to students who have been or will be absent from their school of enrollment for 10 or more consecutive or cumulative school days due to a physical or psychological condition. It also creates an appeal process to be administered by the Office of the State Superintendent of Education.

“This long overdue legislation sets basic expectations for local education agencies to ensure they are meeting their responsibility to educate our students,” Grosso said.

Councilmembers Robert White, Brianne Nadeau, Mary Cheh, Brandon Todd, and Trayon White joined Grosso as co-introducers of both bills.

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Safe Passage to School Expansion Act of 2019

Safe Passage to School Expansion Act of 2019

Introduced: July 9, 2019

Co-introducers: Councilmembers Robert White, Brianne Nadeau, Mary Cheh, Brandon Todd, Trayon White

BILL TEXT | PRESS RELEASE | FACT SHEET

Summary: To establish an Office of Safe Passage to ensure safe passage for students traveling to and from LEAs between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday during the school year and summer; and to require the Mayor to provide a shuttle bus from the metro station to a DCPS and public charter school within a priority area with the fewest public transportation options.

Councilmember Grosso's Introduction Statement:

Thank you, Chairman Mendelson.

Today, along with my colleagues, Councilmembers Brianne Nadeau, Brandon Todd, Mary Cheh, Robert White, and Trayon White, I am introducing the Safe Passage to School Expansion Act of 2019.

According to research conducted by Guns & America, there were 286 identified shootings in the District of Columbia between 7:00 a.m. and 6:00 p.m. during the 2016-2017 school year. 177 of these shootings were within a 1,000-foot-radius of a school campus. 82% of these incidents happened near schools on the east end of our city.

And, as many of you know, we've had several scary incidences this past school year.

DC PREP and Ketcham Elementary School have repeatedly gone on lockdown because of the proximity and intensity of the shootings in their neighborhood.

A family was attacked on their way back from KIPP DC Douglass Campus to Anacostia metro station.

Shootings have occurred near Savoy and Tubman Elementary school.

More recently, shots were fired during a movie night at Hendley Elementary School and they’ve been occurring in close proximity to their building over the course of many days.

And we’ve had multiple children die due to gun violence this year on their way to and from school.

This is not normal and it’s not okay. And for far too long, adults have turned a blind eye to this. How do we expect our students to learn when they can’t rely on us to keep them safe to and from school?

This legislation establishes an Office of Safe Passage to ensure students are able to travel safely to and from schools every day during school hours and after school activities. It also requires the Mayor to provide a shuttle bus from the metro station to a DCPS and public charter school with the fewest transportation options.

With continuous and sustained safe passage programming, I believe our students, schools and communities will be safer.

I welcome any co-sponsors.

• Thank You.

Sense of the Council Urging the Federal Government to End its Embargo Against Cuba Resolution of 2019

Sense of the Council Urging the Federal Government to End its Embargo Against Cuba Resolution of 2019

Introduced: June 4, 2019

Co-introducers: Councilmembers Robert White, Brianne Nadeau, and Mary Cheh

BILL TEXT

Summary: This resolution reaffirms the District's status as a guardian of human rights for all people and calls on the President and Congress to act quickly to end all aspects of the U.S. economic, commercial, and financial embargo against Cuba, as well as, end all restrictions on travel to Cuba by U.S.

Councilmember Grosso's Introduction Statement:

Today along with my colleagues, Councilmembers Brianne Nadeau, Mary Cheh, and Robert White, I am introducing the Sense of the Council Urging the Federal Government to End its Embargo Against Cuba Resolution of 2019.

Since 1959, when Fidel Castro seized power in Havana, overthrowing the U.S.-backed government of Fulgencio Batista, the relationship between the United States and Cuba has been plagued by distrust and hostility.

In the decades to follow, economic and diplomatic isolation have come to characterize the U.S. government's policy toward Cuba, with the United States at times engaging in hostile, aggressive and sometimes violent actions against the island nation.

Under the Obama administration, enormous strides were made to reestablish diplomatic relations between the two countries. President Obama eased restrictions on travel and trade, repealed the "wet foot, dry foot" policy, and eventually announced that he and Raul Castro would work to restore full diplomatic ties.

Unfortunately, the Trump administration has altered several Obama-era regulations including eliminating the "people-to-people educational travel" category for U.S. citizens to qualify for a license from the Treasury Department to travel to Cuba.

Additionally, the Trump administration has pulled 2/3rds of its embassy staff from Havana and imposed prohibitions on commerce.

The more the Trump administration seeks to asphyxiate Cuba, the harder the Cuban government will impose political discipline on its people. In the end, the Trump administration's approach will only serve to create scarcity, desperation, and chaos for the Cuban people.

This resolution reaffirms the District's status as a guardian of human rights for all people and calls on the President and Congress to act quickly to end all aspects of the U.S. economic, commercial, and financial embargo against Cuba, as well as, end all restrictions on travel to Cuba by U.S. Citizens.

Community Safety and Health Amendment Act of 2019

Community Safety and Health Amendment Act of 2019

Introduced: June 4, 2019

Co-introducers: Councilmembers Robert White, Anita Bonds, Brianne Nadeau

FACT SHEETS | BILL TEXT | PRESS RELEASE | MYTH vs. FACT

Summary: To amend an Act for the suppression of prostitution in the District of Columbia; to amend an Act in relation to pandering, to define and prohibit the same and to provide for the punishment thereof to remove certain criminal penalties for engaging in sex work in order to promote public health and safety; to repeal Section 1 of an Act to enjoin and abate houses of lewdness, assignation, and prostitution, to declare the same to be nuisances, to enjoin the person or persons who conduct or maintain the same and the owner or agent of any building used for such purpose, and to assess a tax against the person maintaining said nuisance and against the building and owner thereof; to repeal An Act to confer concurrent jurisdiction on the police court of the District of Columbia in certain cases; and to create a task force to assess the impact of this legislation and recommend further reforms to improve community safety and health.

Medical Marijuana Program Patient Employment Protection Amendment Act of 2019

Medical Marijuana Program Patient Employment Protection Amendment Act of 2019

Introduced: May 28, 2019

Co-introducers: Councilmembers Anita Bonds, Robert White, Brianne Nadeau, Mary Cheh, and Vincent Gray

BILL TEXT | PRESS RELEASE

Summary: To amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 and the Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1996 to prohibit the District of Columbia government from discriminating, in employment, against an individual for participation in the medical marijuana program.

Councilmember Grosso's Introduction Statement:

Today I am introducing the Medical Marijuana Program Patient Employee Protection Amendment Act of 2019, and I thank Councilmembers Vincent Gray, Robert White, Anita Bonds, Brianne Nadeau and Mary Cheh for joining me as co-introducers.

The voters of the District of Columbia approved establishment of a medical marijuana program in 1999, but due to Congressional interference, the program was not set up and running until a little less than ten years ago.

Since that time, the Council and the executive have worked to improve the program to make medical marijuana available to D.C. residents who need it.

Unfortunately, unlike a number of other jurisdictions, we never updated our laws regarding drug testing to account for the fact that D.C. government employees could be patients registered with the program.

On the positive side, the Department of Human Resources on its own implemented a policy for employees who are registered with the medical marijuana program and who test positive for marijuana in the course of the routine testing that happens for some positions.

I found this out after I began to hear complaints from constituents last year about the fact that some agencies were NOT following the DCHR policy.

While those agencies, including the Department of Corrections, have the right to set their own policies on the topic, the decision to penalize employees for seeking medicine is definitely not the right one to make.

I have tried to work with the Department of Corrections to get this fixed, including sending a letter along with several of my colleagues asking them to follow the DCHR policy.

DOC did not respond for over a month, and then claimed that they were following the policy, which is not true. While they are allowed to do routine testing for safety sensitive positions, they must also allow patients to present their medical marijuana card as explanation for positive results.

Simply put, unless there is a federal law or rule that requires it, D.C. government should not be refusing to hire, firing, or penalizing individuals for using medical marijuana, as long as they are not consuming on the job or showing up intoxicated.

Frankly it is embarrassing that it has taken us this long to take up this measure.

I hope that between this bill and the proposal from Councilmember Trayon White a few weeks ago regarding pre-employment drug testing, the Committee on Labor and Workforce Development can lead a comprehensive discussion in the city about drug testing in both the public and private sectors and come up with a common sense set of reforms to pass.

Statement of Councilmember Grosso on CDC study regarding students who trade sex for survival needs

For Immediate Release: 
May 16, 2019
 
Contact:
Matthew Nocella, (202) 724-8105

Statement of Councilmember Grosso on CDC study regarding students who trade sex for survival needs

Washington, D.C. – The following is a statement from Councilmember David Grosso, chairperson of the Committee on Education, on a new analysis of Youth Risk Behavior Survey results that found 7.4 percent of D.C. high schoolers have exchanged sex for money, a place to stay, food or something else of value, as first reported by WAMU:

“Students turning to trading sex for survival needs is a stunning failure of the District of Columbia to aid the youth who need our support most. What is most frustrating is that we know these kids. We have the opportunity to help them every day when they step foot into our school buildings. Yet we do not meet them where they are with the services they need.

“How can we demand academic excellence from them and put them on the path to a successful future when they do not know where they will rest their head that night or where their next meal is coming from? The study also notes that these students are at a greater risk of contracting HIV and other sexually transmitted infections. If these students do not have access to food and shelter, it's unlikely they have regular access to medical treatment.

“Compounding these disadvantages, D.C. continues to take a failed law enforcement approach to the sex trade. While I helped end the prosecution of minors involved in commercial sex in 2014, they are still subject to arrest. Adults are still fully criminalized, even though these conditions of poverty do not change when someone turns 18. Criminalizing those who engage in sex work directly undercuts their efforts to leave behind homelessness or hunger, while exposing them to greater physical and health risks. Arrest records become a barrier to other income sources or opportunities, leaving them with fewer options than before. It’s a trap.

“Despite this upsetting state of affairs, I believe we continue to make progress. We have included more money in this year’s budget to support homeless youth and provide greater access to food. I have been meeting with education leaders to address our rising HIV and STI rates among youth through comprehensive sexual education and reproductive health resources in schools.

“However, to say ‘We need to do more’ is a gross understatement. We need to provide additional social, behavioral, and physical health supports in our schools, policies I have pursued during my time as chairperson of the Committee on Education. It’s also time for a new approach to how D.C. handles sex trade, from one of criminalization to one that is focused on health and safety.”

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Grosso and five other Councilmembers request DOC comply with exceptions for employees in medical marijuana programs

On April 25, Councilmember David Grosso, joined by Councilmembers Robert White, Brianne Nadeau, Charles Allen, Vincent Gray, and Trayon White, sent a letter to Deputy Mayor for Public Safety and Justice Kevin Donahue and Department of Corrections Director Quincy Booth requesting that the DOC immediately comply with instructions that allow for employment-related drug testing exceptions for enrollees in medical marijuana programs.

“We are writing out of deep concern for the Department of Corrections’ current practices in regard to employees, or candidates for employment, who are participants in the District of Columbia, or another state’s medical marijuana program. We ask that you immediately bring the DOC into compliance with Department of Human Resources District Personnel Manual Instruction No. 4-34,” they wrote.

The D.C. Department of Human Resources specifically sets out an exception for government employees enrolled in medical marijuana programs in DPM Instruction No. 4-34, similar to exceptions for other prescription drugs.

“…[O]ur concern is not about recreational use of marijuana but rather medical use, a topic that the District of Columbia government experts in human resources have considered,” the councilmembers wrote. “The result of that consideration is DPM instruction No. 4-34, and the DOC should follow that expert advice, or have a very compelling reason for deviating from it.”

The councilmembers also requested that DOC reverse any adverse personnel actions toward employees or candidates for employment which were based solely on their status as a patient enrolled in a medical marijuana program and a positive THC test.

The letter sent yesterday represents the latest inquiry on the topic after Director Booth failed to explain the DOC’s policies in his January response to a letter Councilmember Grosso sent in November 2018 asking whether or not DOC was taking into account employees’ enrollment in medical marijuana programs as part of such testing.

“If an employee, for example, is undergoing treatment for cancer and is prescribed medical marijuana by a doctor to help with the side effects of treatment, it seems unreasonable and inappropriate that the employee would be penalized, or even subject to termination, because of seeking such medical care,” Grosso wrote in November.

Director Booth laid out DOC’s practices and procedures and its adherence to District law. However, the response sidestepped a question specifically aimed at how DOC treats employees enrolled in the medical marijuana program, instead focusing on how DOC complies, as other D.C. agencies do, with the impact of Initiative 71.

Initiative 71 dealt with recreational, not medical, marijuana.

Read Councilmember Grosso’s letter and DOC’s responses below.

Letter to DMPSJ and DOC Fro... by on Scribd

Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019

Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019

Introduced: January 22, 2019

Co-introducers: Councilmembers Vincent Gray and Brianne K. Nadeau

BILL TEXT | PRESS RELEASE

Summary: To amend the Legalization of Marijuana for Medical Treatment Initiative of 1998 to authorize the dispensation of medical marijuana to and use by qualifying patients over the age of 21 at safe-use facilities, to allow qualifying patients, upon application to the Mayor for a medical marijuana registration identification card, to immediately purchase medical marijuana on a provisional basis, subject to the approval or rejection of a registration application, to eliminate the limit on the number of marijuana plants that cultivation centers are permitted to grow, and to allow for the delivery of medical marijuana to qualified patients.

Councilmember Grosso's Introduction Statement:

Today I am introducing the Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019.

We are all concerned with the ongoing tragedy of D.C. residents dying from opioid overdoses—this bill is another part of the effort to stop that crisis.

Research shows that states with robust medical marijuana programs have lower rates of opioid overdose deaths.

While we have made significant improvements to our medical marijuana program over the past few years, there is more we can do to expand access for patients, and bring more people into the regulated market.

This bill would allow for same day access to medical marijuana just like any other medicine by allowing for a provisional registration when a patient submits their paperwork to the Department of Health.

The bill would allow dispensaries to establish safe use facilities so that patients can consume medical marijuana outside of their home, which would address the challenge that many patients face of having nowhere to consume.

There are a number of other improvements to the program as well, such as removing the plant count limit, and allowing more residents affected by the war on drugs to be employed in these businesses.

Improving access makes sense when we are in the midst of an opioid overdose crisis, but it also is an appropriate response to the challenges we face as a result of congressional interference with our local efforts to regulate marijuana.

Due to Representative Harris’ rider on our budget, residents are being diverted from the medical marijuana program to the unregulated, easy to access, underground market.

That is posing real problems for the small business owners in the medical marijuana community, and our whole medical marijuana system could be in jeopardy if we don’t take action.

Dept. of Corrections response leaves unanswered questions on employees in medical marijuana programs

In November, Councilmember Grosso sent a letter to the Department of Corrections to inquire about the Department’s policy and practices for drug and alcohol testing of employees. Specifically, the councilmember was interested in whether or not DOC was taking into account employees’ enrollment in medical marijuana programs as part of such testing.

“If an employee, for example, is undergoing treatment for cancer and is prescribed medical marijuana by a doctor to help with the side effects of treatment, it seems unreasonable and inappropriate that the employee would be penalized, or even subject to termination, because of seeking such medical care,” Grosso wrote.

After a delayed response, Director Quincy Booth laid out DOC’s practices and procedures and its adherence to District law. However, the response sidestepped a question specifically aimed at how DOC takes into account an employees enrollment in the medical marijuana program, instead focusing on how DOC complies, as other D.C. agencies do, with the impact of Initiative 71.

Initiative 71 dealt with recreational, not medical, marijuana.

The D.C. Department of Human Resources specifically sets out an exception for medical marijuana in District Personnel Manual Instruction No. 4-34, similar to exceptions for other prescription drugs

Councilmember Grosso will follow up with the Department of Corrections and the Committee on Judiciary and Public Safety to ensure District government employees in the medical marijuana program are treated equally to those who require other prescription drugs for medical purposes.

Read Councilmember Grosso’s letter and DOC’s responses below.

11292018 CM Grosso Letter t... by on Scribd

01092019 DOC DT Response to... by on Scribd

Grosso re-introduces bill to modernize sealing of criminal records

For Immediate Release:
January 8, 2019
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Grosso re-introduces bill to modernize sealing of criminal records

Washington, D.C. – Today, Councilmember David Grosso re-introduced legislation that would overhaul the way that the District of Columbia handles records of arrests, charges, and convictions in D.C. to support reintegrating people with such records into the community.

“We have begun to move away from using criminal penalties as the solution to social issues, we are seeking to undo the discriminatory policies of the War on Drugs, and we are seeking to support people who go to jail or prison to be successful upon their return to the community,” Grosso said. “One significant barrier to successful reentry is a criminal record.”

The Record Sealing and Modernization Amendment Act of 2019 establishes a process for expungement of records, qualifies certain records for expungement, and allows for automatic expungement or sealing of records in certain cases. Additionally, it expands the number offenses eligible for sealing to include all misdemeanors and most felonies and allows for sealing of multiple convictions (FACT SHEET).

A report from the Center for Court Excellence released in 2016 noted that the burden of criminal records falls almost exclusively on black residents—96% of people sentenced to prison in D.C. are black.

That same report called on the Council to reform the criminal records sealing process.

“It is time for us to recognize that making criminal records available does little to improve public safety and directly harms the individuals concerned, in fact hampering their ability to leave behind involvement in criminal activity,” said Grosso. “The negative impacts of criminal records harm tens of thousands of residents of our city, as do the decades of discriminatory criminal justice policies and practices, disproportionately affecting African Americans. We have an obligation to confront it and seek bold remedies.”

Research published by the Urban Institute last year found criminal record was a direct barrier to gaining employment, even as having a job is the most important factor in helping returning citizens to avoid recidivism.

Nationally, there is a bipartisan policy trend that acknowledges the unfair premise of visible criminal records and the relationship between criminal records and recidivism. In the past several years, 21 states have passed laws that expand opportunities for sealing or expunging records.

“This bill would put us at the forefront of restoring people after an arrest and trial or the conclusion of a criminal sentence,” Grosso said.

Originally introduced in 2017, Grosso’s bill received a hearing along with similar proposals introduced by the mayor and other councilmembers.

"I was extremely encouraged by the broad agreement heard at the 2017 hearing that improvements can be made to the way D.C. handles the sealing of criminal records,” Grosso said. “It demonstrated the strong will within both branches to move forward with reforms that will remove barriers to successful reentry for our residents with criminal records.”

Ward 6 Councilmember Charles Allen, chairperson of the Committee on the Judiciary and Public Safety, Ward 5 Councilmember Kenyan McDuffie, At-Large Councilmember Anita Bonds, and Ward 8 Councilmember Trayon White joined Grosso as co-introducers.

“It is my hope that the Record Sealing Modernization Amendment Act of 2019 can help fulfill the promise to returning citizens—or even people who are arrested and nothing ever comes of it—that we support them and will not judge them forever for past mistakes,” Grosso said.

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Record Sealing Modernization Amendment Act of 2019

Record Sealing Modernization Amendment Act of 2019

Introduced: January 8, 2019

Co-introducers: Councilmembers Anita Bonds, Robert White, Kenyan McDuffie, Charles Allen, and Trayon White

FACT SHEET | BILL TEXT | PRESS RELEASE

Summary: To amend Chapter 8 of Title 16 to establish a process for expungement of records and qualify certain records for expungement, allow for automatic expungement or sealing of records in certain cases, expand the number offenses eligible for sealing to include all misdemeanors and most felonies and establish procedures for such, and allow for sealing of multiple convictions.

Councilmember Grosso's Introduction Statement:

Additionally today, along with Councilmembers Charles Allen, Kenyan McDuffie, Anita Bonds, and Trayon White, I am introducing the Record Sealing Modernization Amendment Act of 2019.

This legislation would overhaul the way that we handle records of arrests, charges and convictions in the District of Columbia to support reintegration of people with such records into the community.

At this point there is broad consensus that our criminal justice system has been dysfunctional for too long, resulting in too many arrests and convictions, with racist consequences.

We have begun to move away from using criminal penalties as the solution to social issues, we are seeking to undo the discriminatory policies of the war on drugs, and we are seeking to support people who go to jail or prison to be successful upon their return to the community.

One significant barrier to successful reentry is public access to criminal records.

It is time for us to recognize that making criminal records available does little to improve public safety and directly harms the individuals concerned, in fact hampering their ability to leave behind involvement in criminal activity.

A report from the Center for Court Excellence in 2016 year noted that the burden of criminal records falls almost exclusively on our black neighbors—96% of people sentenced to prison in D.C. are black.

That same report called on the Council to reform the criminal records sealing process.

Research published by the Urban Institute more recently showed how a criminal record is a direct barrier to gaining employment, even as having a job is the most important factor in helping returning citizens to avoid recidivism.

Nationally, there is a bipartisan policy trend that acknowledges the unfair premise of visible criminal records and the relationship between criminal records and recidivism.

In the past several years, 21 states have passed laws that expand opportunities for sealing or expunging records.

In preparing this legislation, I heard from constituents who didn’t understand why it can be so easy to seal records for some minor incidents next door in Maryland but so hard here in the District of Columbia.

This bill would put us at the forefront of restoring people after an arrest and trial or the conclusion of a criminal sentence.

I was pleased to write and pass legislation a few years ago to allow individuals to seal their arrest or conviction records for marijuana violations, but as I learned how hard it is for people to actually seal their records under our current system, I felt that the promise of that bill was not fulfilled.

It is my hope that the Record Sealing Modernization Amendment Act of 2019 can help fulfill the promise to returning citizens—or even people who are arrested and nothing ever comes of it—that we support them and will not judge them forever for past mistakes.

I welcome my colleagues to join as cosponsors of this legislation.

Committee on Education unanimously approves Grosso’s legislation to address school sexual assault

For Immediate Release:
November 27, 2018
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Committee on Education unanimously approves Grosso’s legislation to address school sexual assault

Washington, D.C. – The Committee on Education today unanimously approved Councilmember David Grosso’s legislation to address and prevent sexual assault and abuse in D.C. schools.

“As the Trump administration is rolling back protections for student victims of sexual assault, and amid a national conversation about sexual misconduct, the time for the Council to create safer school environments for our students is now,” Grosso said. “While the nation has understandably been focused on the tragic and all too frequent occurrence of school shootings, the prevalence of sexual assault and abuse in our schools has not received the attention that it deserves.”

Between 2011 and 2015, the Associated Press found approximately 17,000 cases of sexual assault were filed in K-12 schools across the country.

“In just the past year, several incidences of sexual assault—whether perpetrated by students or by adults against students—have occurred here in the District of Columbia, in both traditional public and public charter schools. It was upsetting enough to learn of these incidents, but in too many cases we also learned that the school’s response was inadequate. Cases were mishandled. Victims, rather than the perpetrators, were punished. Claims were mocked,” Grosso said. “Through performance oversight hearings held this year, I grew more concerned that school leaders had not addressed this violence with appropriate urgency.”

The School Safety Omnibus Amendment Act of 2018 requires all schools to have policies in place to prevent and properly respond to sexual abuse by adults against children and sexual harassment and assault among students, including dating violence. The bill also increases the requirements of what efforts D.C. Public Schools and charter schools must make to uncover past sexual misconduct of any potential employees who will have direct contact with students.

Further, schools will need to provide age-appropriate instruction to students on consent, child abuse, personal boundaries, and healthy relationships.

Last year in D.C., 7% of heterosexual high-school aged youth and 15.4% of lesbian, gay or bisexual high-school aged youth had been physically forced to have sex when they did not want to, according to the Youth Risk Behavior Survey. The same survey found that 11.6% of heterosexual youth and 24.2% of lesbian, gay, and bisexual youth had been victims of dating violence.

The School Safety Omnibus Amendment Act of 2018 will be considered by the full Council at the December 4th legislative meeting.

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Judiciary Committee advances legislation to help sexual abuse survivors heal

For Immediate Release:
October 4, 2018
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Judiciary Committee advances legislation to help sexual abuse survivors heal

Washington, D.C. – The following is a statement from Councilmember David Grosso (I-At Large), member of the Committee on Judiciary & Public Safety, on the committee’s approval of the Sexual Abuse Statute of Limitations Amendment Act of 2018 which incorporates pieces of the Childhood Protection Against Sexual Abuse Amendment Act, a measure Grosso introduced in 2015 and 2017:

“For over a decade, the Council has considered some form of legislation meant to help childhood survivors of sexual abuse heal from the trauma of their experience. Today, we finally advanced legislation that will allow those survivors to seek justice and recompense and further hold the individuals who perpetrate these atrocities accountable.

“I originally introduced the Childhood Protection Against Sexual Abuse Amendment Act because I believe there are few actions more depraved than sexual violence against children. The experience of sexual violence as a child is one that endures for ages.  Most survivors do not come forward until well into adulthood, suffering for years with depression, feelings of guilt and sometimes difficulty forming intimate relationships. 

“I applaud the expansion in the legislation we have approved today which allows an individual to file a civil suit to recover damages for any sexual abuse – not just acts of sexual abuse that occurred while the victim was a minor.

“The recent spate of high-profile cases involving allegations of and convictions for sexual abuse underscore the pervasiveness of sexual assault in America. The prevalence of these incidences, across every sector, from the Catholic Church to as far reaching as the Office of the President of the United States, defies the word "problem." This is an epidemic, and what we've come to realize is that American culture has and continues to reinforce the normalization of sexual violence. Far too often, survivors of sexual violence are let down by the justice system.

“While this bill is not a panacea, it will go a long way to encourage and empower victims to come forward and know that a fair and just system is in place to help them right wrongs and begin to heal.

“As policymakers, we have to ensure that every available option is afforded to those who have been harmed and this legislation will allow the many courageous survivors across the city to seek justice under the law. I want to thank Chairperson Charles Allen and his staff for the time and effort that has been dedicated to advancing this measure to mark-up. I urge my colleagues to support this legislation when it comes before the full Council.”

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Grosso schedules hearing on bills to prevent and respond to sexual abuse, assault in schools

For Immediate Release:
September 28, 2018
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Grosso schedules hearing on bills to prevent and respond to sexual abuse, assault in schools

Washington, D.C. – The following is a statement from Councilmember David Grosso (I-At Large), chairperson of the Committee on Education, announcing a hearing on his legislation to address sexual assault and abuse in schools:

“How schools address the very real problems of sexual abuse and assault have been at the forefront of my mind over the past year. I was disturbed by reports last year that high schools were mishandling sexual assaults, in some cases punishing the victims of sexual assault.

“Through performance oversight hearings held this year, I grew more concerned that D.C. Public School senior leadership, the Office of Integrity, and some charter local education agencies were not taking these matters seriously. Then this week, the recordings from Roosevelt High School came to light. It has left parents, students, and the community uncertain about their own safety and how they will be treated if they are or were the victim of sexual assault.

“Our schools need to have more appropriate policies that support these victims and address the behaviors of the perpetrators. Last week, after working throughout the summer with education stakeholders, I introduced three pieces of legislation aimed at improving school safety at both traditional public and public charter schools in the District of Columbia.

“Two of the bills, the School Safety Act of 2018 and the Student Safety and Consent Education Act of 2018, would require all schools to have policies in place to prevent and properly respond to both child sexual abuse between adults and minors and sexual harassment and assault among students, including dating violence. Further, schools will need to provide age-appropriate instruction to students on consent, personal boundaries, and healthy relationships.

“I will hold a hearing on these bills on November 1, 2018 in Room 412 of the John A. Wilson Building at 1350 Pennsylvania Avenue, NW. I encourage all witnesses to sign up to testify to share their stories, or if they feel more comfortable, to submit written testimony to the Committee on Education by emailing testimony to astrange@dccouncil.us.”

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Grosso introduces three bills to improve school safety

For Immediate Release:
September 18, 2018
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Grosso introduces three bills to improve school safety

Washington, D.C. – Councilmember David Grosso (I-At Large) introduced three bills to create safer school environments for all students in the District of Columbia.

“Our students learn best when they are in a safe and welcoming environment,” said Grosso. “Addressing the very real concerns of sexual abuse and threats of physical violence are vital to protecting our students’ well-being.”

Grosso introduced the School Safety Act of 2018 today at the Council’s first legislative meeting following its summer recess. The bill requires both traditional public and charter schools to develop policies to prevent and properly respond to child sexual abuse when it occurs. It also mandates training for staff, students, and parents on child sexual abuse, in-line with legislation passed in many other jurisdictions.

“Over the past year we have seen incidences of sexual abuse and assault in our schools,” said Grosso, chairperson of the Council’s Committee on Education. “It was upsetting enough to learn of these incidents, but in too many cases we also learned that the school’s response was inadequate. My legislation seeks to fix that.”

Additionally, schools will need to take additional steps to ensure educators have not previously been fired or lost their teaching license in another jurisdiction for sexual misconduct, including cross-checking potential hires against the national database of teachers’ licenses.

Under another bill Grosso filed on Tuesday, the Student Safety and Consent Education Act of 2018, schools will be required to have policies in place to prevent and properly respond to sexual harassment and assault among students, including dating violence.

“I was disturbed by reports last year that high schools were mishandling sexual assaults, in some cases punishing the victims of sexual assault,” Grosso said. “They need to have more appropriate policies on the books that support these victims and address the behaviors of the perpetrators.”

Further under the bill, schools will need to provide age-appropriate instruction to students on consent, personal boundaries, and healthy relationships.

Finally, Grosso filed legislation, the Safe2Tell Act, creating an anonymous tip line for reporting student plans to do harm to themselves or others based on successful programs in other states including Colorado and Pennsylvania.

“At a time when the federal Department of Education is promoting more guns in schools as a response to violence, I am excited to continue the conversation in D.C. about how to truly make our schools safer.”

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Grosso requests DCPL's 3D printer policy to ensure public safety

Earlier this month, Councilmember David Grosso, chairperson of the Committee on Education, sent a letter to D.C. Public Library Exectuive Director Richard Reyes-Gavilan to request the policies and procedures in place to ensure that 3D printers associated with their Fabrication Lab, or Fab Lab, are not used to produce weapons or other harmful items.

"Our public libraries play a central role in the District of Columbia’s vibrancy. They educate, entertain, and foster community discourse," wrote Grosso. "We have a responsibility to safeguard these community centers from being used for a purpose that runs counter to our library’s mission or that adds to the persistent problem of violence across the city."

DCPL responded on August 13 with their full 3D printer policy, which explicitly prohibits patrons from producing items that can cause harm. In addition, library staff is involved in the production of materials and reserves the right to deny the production of any item in violation of the policy. Finally, the 3D printers available at the Fab Lab make it difficult to produce an operable firearm, which require a more advanced printer that uses a more durable form of plastic.

Councilmember Grosso appreciates DCPL for responding in a timely manner and for their forethought and thoroughness in addressing this issue.

CM Grosso Letter to DCPL Re 3D Printing by Team_Grosso on Scribd

DCPL 3D Printer Response Letter by Team_Grosso on Scribd

Grosso calls on MPD and USAO to suspend sex work-related arrests and prosecutions in the wake of website closures

For Immediate Release:
April 9, 2018
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Grosso calls on MPD and USAO to suspend sex work-related arrests and prosecutions in the wake of website closures

Washington, D.C. – The following is a statement by Councilmember David Grosso (I-At Large) on the government shutdown of websites that allowed sex workers to operate with a greater degree of safety than on the streets:

“The latest government attacks on online platforms used by sex workers are directly undermining the safety, health, and human rights of these individuals. I am deeply concerned as I read the reactions of D.C. residents who will be pushed into less safe situations on the streets where they will be subjected to more violence, have decreased ability to negotiate condom use, and encounter greater risk of arrest, making them less likely to contact authorities if they are attacked. In working with communities in D.C. over the past few years to develop better policy approaches to the issue of commercial sex, I have heard far too many personal stories of violence and harm as a result of the criminalized nature of the sex trade.

“Rather than work on the streets, sex workers have utilized a number of websites that allow them to better screen clients and negotiate safer interactions. Several of those websites closed in the past week following Congressional approval of a pair of bills, SESTA and FOSTA. This legislation is alleged to combat human trafficking, but there is little evidence that it will accomplish that noble goal. In fact, the two bills were opposed by the largest network in the country of organizations serving human trafficking survivors. Rather than help people who are being coerced into commercial sex, the effect of these website closures will be to push trafficking further underground. This also has the effect of harming innumerable people involved in the sex trade who are not being coerced but, by a complex combination of choice and circumstance, are seeking to earn money. The sweeping nature of the legislation also undermines the work of harm reduction organizations that work with these communities, thereby preventing the provision of critical services.

“Due to the great risk of violence faced by street-based sex workers, our government needs to take bold and urgent action. I call on Metropolitan Police Chief Peter Newsham and U.S. Attorney Jessie Liu to temporarily suspend arrests and prosecutions of those involved in commercial sex unless the individual has caused violence or coercion. Instead, the Chief and U.S. Attorney, along with front-line officers and commanders, should meet with individuals trading sex with the goal of understanding the risks they face and what steps are necessary to build trust in order to prevent and respond to violence and coercion. I am happy to work with both MPD and USAO to facilitate such a meeting.

 “We must remember that there are human beings’ welfare and lives on the line. We have a responsibility as government officials to look out for those who our society and laws marginalize. We should be pursuing evidence-based solutions to stop coercion and help minors who are exploited, including by addressing the demand for housing, food, employment, rationale immigration laws, and respect for human rights.”

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Judiciary Committee holds hearing on Grosso bill to modernize criminal record sealing

For Immediate Release:
December 14, 2017
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Judiciary Committee holds hearing on Grosso bill to modernize criminal record sealing

Washington, D.C. – The following is a statement from Councilmember David Grosso (I-At Large) on today’s Judiciary & Public Safety Committee hearing on several measures to improve the process of sealing criminal records in the District of Columbia, including Councilmember Grosso’s Record Sealing Modernization Amendment Act of 2017:

"I am extremely encouraged by the broad agreement heard in today’s hearing that improvements can be made to the way the District of Columbia handles the sealing of criminal records.  Proposals from myself, Councilmembers Robert White and Trayon White, and Mayor Muriel Bowser, demonstrate the strong will within both branches to move forward with reforms that will remove barriers to successful reentry for our residents with criminal records.

"My legislation is the result of extensive research and consultation.  I recognize that it pushes the envelope. The negative impacts of criminal records harm tens of thousands of residents of our city, as do the decades of discriminatory criminal justice policies and practices, disproportionately affecting African Americans. We have an obligation to confront it and seek bold remedies. My hope is that we can take the proposals discussed today and bring them together into one reform package to be advanced in the new year.

"All of the community members, advocates, and especially returning citizens who contributed to the development of the Record Sealing Modernization Amendment Act of 2017 or testified today deserve thanks, and have my deep appreciation for their engagement. I also want to thank Chairperson Charles Allen for holding this important hearing so quickly, as well as Councilmember Robert White, Councilmember Trayon White, and Mayor Bowser for their passion on this issue.  I look forward to working with them and the rest of my colleagues to make these necessary changes a reality."

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Statement of Councilmember Grosso on findings that killing of Terrence Sterling was unjustified

For Immediate Release:
December 5, 2017
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Statement of Councilmember Grosso on findings that killing of Terrence Sterling was unjustified

Washington, D.C. – The following is a statement by Councilmember David Grosso (I-At Large) on the announcement of the findings of the Use of Force Review Board in the case of Terrence Sterling:

"I welcome the announcement from Chief Newsham today on the conclusions of the Metropolitan Police Department’s Use of Force Review Board regarding the September 2016 killing of Terrence Sterling.  As D.C. strives to improve faith and trust in law enforcement, it is every government official’s and police officer’s obligation to continue to hold MPD members to the highest standard in protecting the communities they serve.

"Though I believe the officer should have been charged by the U.S. Attorney, I supported the mayor and MPD’s request that the officer resign back in August, as well as the full disciplinary review.  That review is now complete. It has been determined that the shooting was unjustified and that the officer should be terminated. This is the right course of action. I hope that it can give those who loved Mr. Sterling some sense of justice.

"I remain committed to further utilization of non-violent methods, along with a public health and community-based approach to policing, in order to prevent incidents like this from happening in the future and rebuild the trust necessary for the safety of all our residents."

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