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Grosso letter to CFO on property tax assessments and agency response

Councilmember Grosso often sends letters to agencies with additional questions after their performance oversight hearings. On March 4, 2015, Grosso sent a letter with questions about residential and commercial property tax assessments to the Chief Financial Officer, and received a response on March 26, 2015. We thank the CFO for the quick response, and both letters are below--first the Councilmember's followed by the CFO's response.

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D.C. suggestions for Indiana non-discrimination law reform

As Indiana considers ways to fix its religious discrimination bill, the Human Rights Act of the District of Columbia provides excellent language that Indiana could use to ensure that LGBTQ individuals are not the targets of religious discrimination. It is important to note that Part E, relating to educational institutions, had a religious exemption passed by Congress. The Council recently removed that religious exemption, which is currently under Congressional review.

§2-1402.01 Subchapter II, Prohibited Acts of Discrimination. Part A. General:

(a)   Every individual shall have an equal opportunity  to participate fully in the economic, cultural and intellectual life of the District and to have an equal opportunity to participate in all aspects of life, including, but not limited to, in employment, in places of public accommodation, resort or amusement, in educational institutions, in public service and in housing and commercial space accommodations.

§2-1402.11 Part B. Employment:

(a)   It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearances, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation by any individual:…

§2-1402.21 Part C. Housing and Commercial Space:

(a)   It shall be unlawful discriminator practice to do any of the following acts, wholly or partially for a discriminatory reason based on the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability matriculation, political affiliation, source of income, status as a victim of an intrafamily offense, or place of residence or business of any individual:…

§2-1402.31 Part D. Public Accommodations:

(a)   It shall be an unlawful discriminatory practice to do any of the following acts, wholly or partially for a discriminatory reason based on the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, genetic information, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual:…

§2-1402.41 Part E. Education Institutions:

It is an unlawful discriminatory practice…for an educational institution:

(1)    To deny, restrict, or to abridge or condition the use of, or access to, any of its facilities, services, programs, or benefits of any program or activity to any person otherwise qualified, wholly or partially, for a discriminatory reason, based upon the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity, source of income, or disability of any individual;…

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Grosso Calls for Ban on D.C. Travel to Indiana

For Immediate Release
March 30, 2015

Contact: Dionne Johnson Calhoun
(202) 724-8105

 

Grosso Calls for Ban on D.C. Travel to Indiana

Washington, D.C. – Councilmember David Grosso (I-At Large) is calling for a ban on the use of public funds for travel to the State of Indiana after Governor Pence legalized and defended anti-LGBTQ discrimination. Governor Pence signed legislation on Thursday, March 26, 2015, which legalizes discrimination based on religious beliefs.

“Discrimination has no place in the District of Columbia, and our public employees should not be forced to travel to a place that prides itself on fueling anti-LGBTQ animosity. The blatant bigotry on display by Governor Pence and the legislature leads me to believe that Indiana is not a safe place for our public employees to travel. Our government should not support any jurisdiction that displays such bigotry, and the Mayor should ban all publicly financed travel to Indiana and stand firmly with our LGBTQ public servants and residents,” said Grosso.

“The District of Columbia has a strong record of support for our LGBTQ residents and employees by protecting all individuals from discrimination. My ‘Reproductive Health Nondiscrimination Act’ that is currently being challenged by Republicans in Congress, would ban this kind of religious discrimination by private employers for employees seeking abortion services. Religious discrimination rephrased as ‘religious freedom’ is still discrimination, whether it is discrimination based on race, gender, sexual orientation, or gender identity—it has no place in the District of Columbia.”

Grosso has a strong record of support for the LGBTQ community including support for repeal of the discriminatory Armstrong Amendment, which allowed for religious discrimination in higher education; banning so-called conversion therapy for LGBT youth; and support for LGBT homeless youth support services, among many others.

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D.C. Jail health services contract should not be awarded to for-profit company

For the past two years, I have introduced and supported legislation to advance and promote the human rights of every District of Columbia resident.  I understand that improvements to our various sectors cannot be achieved in a vacuum.  Real change demands government accountability, transparency and openness. 

To this end, I have been a fierce advocate for ethics reform, particularly as it relates to the Council’s role in voting on contracts over $1 million.  I believe that this authority can be viewed as a vehicle for corruption, enabling lawmakers to exert undue influence over the contract procurement process, and I have voted “present” on all contracts to promote and encourage a commitment to good government.  I have also engaged in oversight monitoring the performance of government contractors and the integrity of procurement processes through other avenues. However, there are times when circumstances arise that are too egregious to ignore, warranting immediate action.

After significant research, including a visit to the D.C. jail, meetings with advocates and a meeting with the CEO of Corizon, I determined that awarding the D.C. Jail contract for healthcare services to Corizon, would violate the human rights of D.C. residents who are incarcerated.  The World Health Organization’s Constitution enshrines the highest attainable standard of health as a fundamental right of every human being.  This right includes access to timely and quality healthcare.  Unfortunately, Corizon has repeatedly failed to meet this standard. 

The company, a Tennessee-based for profit, has a well-documented history of failing to provide necessary medical care, allowing extreme delays in medical services to persist, and operating substandard facilities.  Over the past five years there have been over 1,000 lawsuits filed against Corizon for neglect and abuse.  Additionally, Maine, Maryland, Pennsylvania, Tennessee and Minnesota have all ended their contracts with Corizon for poorly delivered healthcare services.  Just recently, the New York City Council publicly challenged Corizon and questioned whether it was time to end the healthcare services contract, which Corizon holds at Rikers Island.

The examples of Corizon’s deplorable services are innumerable and while it may be argued that prison healthcare is in general need of reform, the District of Columbia cannot disregard the ample evidence of gross systemic deficiencies.  Awarding this contract would be an absolute failure of government to protect the health and well-being of District of Columbia inmates.  Even if the Council did not vote on contracts, I would work diligently to stop this one from going forward. The gravity of the circumstances have required me to take a strong stand.

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Grosso: Senators’ Hypocrisy Shocking but Not Surprising

For Immediate Release
March 19, 2015

Contact: Dionne Johnson Calhoun
(202) 724-8105

Grosso: Senators’ Hypocrisy Shocking but Not Surprising

Washington, DC -- Today, Councilmember David Grosso (I-At Large) issued the following statement in response to the introduction in the Senate of disapproval resolutions targeting two D.C. human rights laws, the Reproductive Health Non-discrimination Amendment Act of 2014 and the Human Rights Amendment Act of 2014:

“It is truly disturbing that Senators Ted Cruz and James Lankford are so interested in defending the right to discriminate. My bill to prevent discrimination against people in the workplace by employers regarding their employees’ reproductive health choices protects residents, especially women. The Human Rights Amendment Act, which I strongly supported, fixes an exception to our city’s robust non-discrimination laws to ensure that all educational institutions treat students fairly, and is in line with a 1987 court decision. It is my strong belief that the First Amendment of the Constitution safeguards both the exercise of an individual’s right to practice religion as well as an individual’s right to be protected from religions.

Equally galling is that just last month Mr. Cruz introduced a bill to allegedly defend states’ rights to set their own laws regarding marriage. On his website, Mr. Cruz describes himself as “a passionate fighter for limited government.” Yet here we find him actively undermining the unanimous votes of D.C.’s elected officials.

I am sick and tired of the grandstanding and political pandering of members of Congress who see meddling in D.C. affairs as an easy way to win partisan points. These Senators wouldn’t dare propose a bill to overturn laws in Texas or Oklahoma. Tactics like these highlight the need for legislative and budget autonomy for the District of Columbia.

In D.C. we stand for the human rights of workers, students, women, LGBT folks, and all people. There is no human right to discriminate. Senators Cruz and Lankford should sort out their ideological confusion and respect the District of Columbia’s self-governance.”

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Grosso’s Bill Eliminates Civil Statute of Limitations in Child Sex Abuse Cases

For Immediate Release
March 17, 2015

Contact: Dionne Johnson Calhoun
(202) 724-8105

Grosso’s Bill Eliminates Civil Statute of Limitations in Child Sex Abuse Cases

Washington, D.C. – Today, Councilmember David Grosso (I-At Large) introduced the Childhood Protection Against Sexual Abuse Amendment Act of 2015. This legislation would eliminate the statute of limitations for the recovery of damages arising out of sexual abuse that occurred when a victim was a minor.  Additionally, the bill creates a two-year window for individuals whose claims were previously time-barred.

“There are few actions more depraved than sexual violence or abuse against children,” said Grosso. “Because most victims of childhood sexual abuse do not come forward until much later in their adult lives, we need to ensure that the statute of limitations is not a barrier to justice.  A person who victimizes a child should never be able to hide behind time.”

Currently there are seven states that no longer have a civil statute of limitations for claims of childhood sexual abuse.  Last week, the Utah state legislature passed similar legislation, removing the statute of limitations for civil actions against perpetrators of child sex abuse.

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Sex work, human rights and law enforcement

By Darby Hickey, Legislative Assistant*

After decades of the ‘war on drugs’ and an obsession with ‘broken windows’ or ‘quality of life’ policing, our country seems to finally be reaching consensus against our over-reliance on incarceration. The devastating effects of mass imprisonment and biased policing are evident around the U.S. and certainly in the District of Columbia. Recent efforts to decriminalize or legalize marijuana, reform the practice of asset forfeiture, and overhaul our approach to juvenile justice have all resulted from this shift in perspective. Our city has begun to look at criminal justice through a lens of human rights, and the country is doing so as well. We are reworking our policies to recognize and address the underlying factors of why people engage in certain activities. We are grappling with the reality that some criminal penalties are worse for our communities than the behaviors that the penalties target. In light of all of this, it is worth reconsidering our policies and practices regarding sex workers and others involved in commercial sex.

On February 15, the Washington Post reported on a new round of arrests of people involved in commercial sex, resulting from online stings conducted by the Metropolitan Police Department (MPD). The MPD official quoted in the article stated, “We could probably do this every weekend and get the same numbers.” This echoed statements made by Assistant Chief Newsham in 2012 that MPD “can’t arrest our way out of” prostitution. In a recent exchange of letters between Councilmember Grosso and MPD Chief Cathy Lanier, the Chief wrote that while “there are very complex individual and socio-economic factors related to sex work, [MPD’s] options related to this are limited [i.e. arrests].”

Missing from the Washington Post article, like most discussions about sex work, is any consideration of the economics of commercial sex. It was also disappointing that the Post failed to interview any sex workers or advocates for this community, who likely would have noted that it is an income-generating activity. People engage in sex trade not out of some deviant mind-set, but as a means of survival--a way to pay rent, put food on the table, buy clothes for kids, and meet other needs. Arresting a sex worker doesn’t address any of these problems and, in fact, it usually exacerbates them.

Many people in D.C. and around the world have argued that a better approach to the complexities of commercial sex would be to focus directly on the individuals involved, and treat them as fully deserving of basic human rights. A human rights response to commercial sex would reframe the discussion—issues of violence against sex workers, police misconduct, public health, and stigma become the focus and sex workers and their activities stop being ‘the problem’.

A key part of a human rights approach is listening to the individuals involved in commercial sex. As Councilmember Grosso emphasized during the public hearing last year on the Sex Trafficking of Minors Prevention Amendment Act, “We must listen and respond to these diverse experiences with compassion and respect, not with arrest or judgment. Youth trading sex for money are already asking for access to low threshold, voluntary services for housing, healthcare, education, legal assistance and more.” The same goes for adult sex workers.

Yet some police officials state that arresting individuals trading sex for money is the best way to link them to such services. For example, in the MPD response to oversight questions from the Committee on the Judiciary, the Chief writes, "arrest is often the tool by which MPD can take the juveniles into custody... so that the juvenile can be connected with a service organization."

This misses the reality that an arrest itself can be traumatizing. In fact, police crack downs, whether on the streets or online, usually make it harder for outreach groups to contact people engaged in commercial sex who may need help. And it ignores the deep-seated mistrust of police and other authorities that exists in these communities. For example, research in Chicago revealed that young people involved in sex trade named police and healthcare officials as the main sources of violence and abuse in their lives.

We should not be arresting a sex worker or a minor engaging in sex trade in order to force them into services or to cooperate in a criminal investigation—a phenomenon noted in a City Paper article just last month. This goes against all we have learned about victim-centered approaches to violence and abuse. That is why Councilmember Grosso argued that the “Sex Trafficking of Minors Prevention Amendment Act” should prohibit police from arresting young people involved in sex trade.

A human rights-based practice would ensure that MPD is adopting proactive community policing. Police should be seeking to build relationships and trust, responding positively and with sensitivity to service calls, not seeking to get an arrest or conviction at all costs but addressing the needs of the survivor.

One place to start would be for MPD to not treat sex workers (or those assumed to be such) as “criminals” when they are victims of violence and are seeking redress. This problem was found to be pervasive in D.C. in a 2008 community-based research project. Respondents reported being told they “got what they deserved” for being sex workers when they were raped, stabbed, or otherwise attacked. This finding is supported by research in other jurisdictions across the country from New York to Los Angeles to New Orleans. A recent report by WAMU highlighted that this remains an issue today.  

Another aspect of a human rights approach to people involved in sex trade has already been partially implemented in D.C.—the policy of MPD that condoms are not to be used as evidence of engaging in prostitution. The community-based research referenced earlier and a subsequent study by Human Rights Watch found that while officially MPD and prosecutors rarely included condoms as evidence, they were used as pretext for arrests or confiscated or destroyed. There was also a widespread perception among residents that possessing more than three condoms would result in a prostitution charge. In 2009, MPD clarified that this was not the case, issued a policy statement to officers, and distributed informational materials throughout the community.

Unfortunately, this important step by MPD had two exceptions—in cases involving human trafficking or minors. Yet individuals in situations of coercion, including young people under the age of 18, are especially in need of access to condoms. Ensuring access to condoms helps reduce the harms they are facing, and the philosophy of harm reduction is based in a human rights framework.

As Councilmember Grosso has consistently stated, MPD needs to think outside the box on this and other issues and change policies and practices accordingly. A great start would be for MPD to shift from a stance that “people experiencing police misconduct should come forward” to one where leadership proactively seeks to identify patterns of mistreatment and abuse. Another step would be engaging with the community, rather than dismissing concerns about how police are interacting with residents. It is also the responsibility of the Council, the Mayor, and residents of the city to do a better job of understanding the human rights issues involved in commercial sex. We have come to recognize and reduce the harms of criminalization in many policy areas from drugs to schools to immigration. The time is now to reconsider the framework in which we handle commercial sex.

*This post is part of an ongoing series of posts by Councilmember Grosso’s staff to support professional development. All posts are approved and endorsed by Councilmember Grosso.

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Oversight letter to the Child and Family Services Agency

It is performance oversight season again at the D.C. Council, with each committee hearing from the public and the agencies under its purview about the agencies' performance. After a hearing, Councilmembers often send letters to agencies with further questions. Here is Councilmember Grosso's letter to the D.C. Child and Family Services Agency

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Kicking off Women’s History Month, Grosso Introduces Bill to Ensure Gender Equity in D.C.

For Immediate Release
March 3, 2015

Contact: Dionne Johnson Calhoun
(202) 724-8105

Kicking off Women’s History Month, Grosso Introduces Bill to Ensure Gender Equity in D.C.

Washington, D.C. — Today, in honor of Women’s History Month and the International Women’s Day on March 8, Councilmember David Grosso (I-At Large) introduced the Local Implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Amendment Act of 2015. The United Nations General Assembly adopted CEDAW in 1979 and President Carter signed the treaty on behalf of the United States in 1980; however, the United States Senate has not yet ratified CEDAW. In 2014, municipalities across the nation began signing onto the Cities for CEDAW initiative, pledging to implement the principles of CEDAW at the local level in light of the Senate’s failure to act.  The U.S. is one of only eight countries that has not ratified the treaty. Countries that ratify CEDAW are mandated to condemn all forms of discrimination against women and girls and to ensure gender equality in the civil, political, economic, educational,  social and cultural arenas.

“In D.C., we already have some of the strongest human rights protections for women and girls in the country,” said Grosso. “In honor of Women’s History Month, I am introducing this legislation to ensure that all of our government agencies are working proactively for gender equality.”

Under the legislation, D.C. government agencies will be required to conduct gender analysis reporting, including data analysis, to assess gender equity in their operations. The bill also calls for an annual citywide action plan to address any deficiencies identified in the gender analysis reporting. Such analysis and evaluation will help identify and remedy structural gender inequalities in the D.C. government.

Additionally, March 3 is the International Sex Worker Rights Day and CEDAW notes how sex workers are particularly vulnerable to violence and other human rights abuses due to stigma and criminalization. Grosso has previously called for a greater emphasis on protecting the human rights of those involved in commercial sex.

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DHS responds to Grosso's questions about homeless services budget and homeless youth

In December, Councilmember Grosso sent a letter to the D.C. Department of Human Services requesting on update on funds allocated by the Council in its FY15 budget for homeless services. After an oversight hearing on the issue of homelessness at the end of January with the new administration, Grosso sent a new letter with the same questions as well as some additional questions regarding homeless students, homeless youth, and homeless LGBTQ youth.

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Grosso statement on MPD "jump outs"

Councilmember Grosso (I-At Large) released the following statement in advance of the "Justice for Ralphael Briscoe and Tamir Rice" Rally on Sunday, February 22, 2015:

As has been demonstrated through the evidence revealed during the Ralphael Briscoe case, “jump outs” are still happening and must stop immediately. The Metropolitan Police Department’s (MPD) denial about the continuing existence of jump-outs is disturbing. The fact is, if you live east of 16th Street NW, chances are you have witnessed a jump-out or the aftermath of such in a neighborhood. This practice is one that is taking place now, and we cannot continue to turn a blind eye to its use and its detrimental impact on our communities.

The jump-out tactic is the antithesis to the community policing model that MPD promotes. Not only does it immediately escalate the tension between an individual and the police, but it makes our residents fearful of doing everyday things like walking down the street or sitting on the stoop to talk with friends.

Between the field hearing the Committee on the Judiciary hosted last year, advocacy group reports and ongoing communication with residents, it is clear that there is a disconnect between how MPD views itself and the perception communities have of MPD's policing practices. As I consistently state, MPD should shift its approach from the use of violent tactics to community-based efforts and trust building. Ending the use of jump outs would be a great start towards creating a more non-violent approach to policing in D.C.. I will continue to work with my colleagues to find the best way to accomplish this change.

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