A criminal complaint was unsealed today in federal court in Brooklyn charging John Lhota with the April 3, 2022 arson of Rash, a bar and nightclub in Bushwick frequented by members of the LGBTQ+ community.
Lhota was arrested yesterday and will make his initial appearance this afternoon before United States Magistrate Judge Roanne L. Mann.
Breon Peace, United States Attorney for the Eastern District of New York; John B. DeVito, Special Agent-in-Charge, U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and Laura Kavanagh, Acting Commissioner, New York City Fire Department (FDNY), announced the arrest and charge.
“As alleged, Lhota deliberately set fire to a bar and nightclub patronized by members of the LGBTQ+ community, seriously injuring two of its employees, and endangering all present including the tenants of the building as well as the first responders who battled the blaze for approximately one hour,” stated United States Attorney Peace.
“This Office strongly condemns such acts of violence, and will vigorously prosecute this case. The victims, and all LGBTQ+ New Yorkers, should be able to enjoy their nights out in peace and without fear of such a dangerous attack.”
As set forth in the complaint, on the evening of April 3, 2022, Lhota was captured on security video purchasing a red gas canister at a service station and filling it with gasoline.
Lhota then proceeded to Rash, located on the ground floor of a multi-story building at 941 Willoughby Avenue, where he allegedly poured gasoline over the floor of the bar. The video showed Lhota tossing a lit cigarette on the floor, but the gasoline did not ignite.
Lhota then used a cigarette lighter to ignite the gasoline, causing an explosion and a fire. The floors above Rash contain residential apartments. Firefighters responded to the location and extinguished the blaze.
Two employees of Rash were injured and required hospitalization. The building sustained heavy damage due to the fire. Security video captured Lhota fleeing the burning nightclub.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Lhota faces a mandatory minimum sentence of 7 years’ imprisonment, and a maximum of 40 years’ imprisonment.
Robbie Pierce wrote about what happened to him, his husband, and their six- and five-year-old children while riding on an Amtrak train. Pierce said they were approached by a man they didn’t know who shouted at the six-year-old: “Remember what I told you. They stole you. They’re pedophiles.”
Pierce told the man to “get away from my family,” and the man allegedly responded: “Family? That’s not a family! You’re both rapists. You steal Black and Asian kids.”
“You guys aren’t natural,” the man continued as the children cried. “Homosexuals are an abomination. They steal and rape kids.”
Pierce said that he took the kids to another car while his husband dealt with the man. A conductor came and further distracted the man.
He said that his children “cried for almost an hour.” During that time, he asked his son if he had seen the man before and the son said that the man had already confronted him when he went to the bathroom.
“Yet we’re the groomers,” Pierce wrote sardonically.
According to Pierce, no one in the car helped. Several people gave what he called “sympathetic looks” or came up to him later to apologize.
The man was arrested for refusing to leave the train, according to Pierce.
Pierce said that this isn’t the first time he and his family have been shouted at by homophobic strangers, but this is the first time that they have been called pedophiles, something he believes is a product of the current political climate.
“We’ve dealt with this brand of terrifying homophobic stranger before with our son,” he wrote. “But ‘pedophiles’ and ‘rapists’ were new in the mix, at least out loud.”
“We all know where that comes from. So thanks to Fox [News and CEO Rupert] Murdoch, JK Rowling [and Rep.] Marjorie Taylor Green, to the senators and priests and everyone else who harms kids and thinks it’s politically expedient to project onto gentle families like mine to stir up their lucrative culture war.”
If convicted, medical professionals face up to 10 years in prison and a hefty fine for providing what researchers argue is ‘life-saving’ care to trans minors.
Ivey’s signature makes Alabama the latest state in the US to pass legislation restricting gender-affirming care after Arkansas, Tennessee and Arizonapassed various anti-trans healthcare bans. But Alabama is the first state to impose criminal penalties for such care, according to the Human Rights Campaign (HRC).
Two doctors and two families of trans kids have filed a lawsuit against the state, challenging the new law which is set to go into effect on 8 May.
The families said in the complaint, which was filed on Monday (11 April), that being denied the medically necessary treatment will be devastating to the mental health of their children. The lawsuit alleges that the new Alabama law violates the Affordable Care Act and the equal protection clause of the US Constitution.
One plaintiff, referred to as Robert Roe, is the father of a 13-year-old trans girl who is called Mary in the lawsuit. The complaint detailed how it is “essential for Mary’s mental health” that she can receive “puberty-blocking medications every three months” and can receive future medical treatments that her healthcare providers determine are “medically necessary to treat her gender dysphoria”.
“For Mary to be forced to go through male puberty would be devastating; it would predictably result in her experiencing isolation, depression, anxiety and distress,” the lawsuit continued. “Mary’s parents are also concerned that without access to the puberty-blocking medication she needs, Mary would resort to self-harm as a means of coping with her psychological distress or even attempt suicide.”
Roe said in a press release by the HRC, which is supporting the lawsuit, described how his family has seen “our daughter change from being reclusive and anxious to being an engaged, happy child” after being able to access the “care she needs” to flourish.
But he said this law threatens “all of this” and “takes away our ability to follow the advice of highly qualified medical professionals”.
“I was born and raised in Alabama and came back here with my wife to raise our family,” Roe said. “We love this community which has shown us incredible support. But if this law goes into effect we may be forced to leave the state we call home in order to protect our daughter’s life.”
The parents of another trans teen, referred to as John Doe, described in the lawsuit how starting hormone therapy had been “amazing” for the 17-year-old as he was finally able to feel “more like himself, building greater confidence” and is now “happier overall”.
However, the lawsuit said that John will suffer “devastating physical and psychological consequences” if the trans healthcare ban goes into effect. According to the lawsuit, the teen’s healthcare will be “disrupted” as he won’t be able to access “medications his physicians have prescribed to treat his gender dysphoria” if the law goes into effect and won’t be able to undergo gender-affirming surgery until he “reaches the age of majority, which in Alabama is age 19”.
Dr Morissa Ladinsky, a third plaintiff, works at the Children’s Hospital of Alabama alongside another plaintiff, Dr Hussein D Abdul-Latif. Both physicians provide medical care to trans youth in Alabama.
The lawsuit described how Dr Ladinsky has treated and is currently treating “dozens of trans youth people for gender dysphoria” – including the two trans teens listed in the complaint – in her role as a paediatrician as well as co-lead of the multi-disciplinary gender clinic at the UAB Hospital.
Dr Ladinsky said in a statement that governor Ivey has told “kind, loving and loyal Alabama families that they cannot stay here without denying their children the basic medical care they need” by signing the trans healthcare ban.
“She has undermined the health and well-being of Alabama children and put doctors like me in the horrifying position of choosing between ignoring the medical needs of our patients or risking being sent to prison,” she said.
The plaintiffs are represented by a host of LGBT+ and civil rights organisations including the Southern Poverty Law Center, GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and the HRC with King & Spalding LLP and Lightfoot, Franklin & White LLC.
Amid several bills introduced in Tennessee that have attracted national attention this year, none has sparked as much alarm among both Republicans and Democrats as a proposal that would create a new marriage contract specifically designed to exclude same-sex couples.
Supporters argue the measure is needed to give religious officials, couples and others opposed to gay marriage an option that wouldn’t conflict with their beliefs.
Critics say it’s a deliberate effort to circumvent the Supreme Court’s 2015 ruling legalizing gay marriage and could lead to costly legal battles. Many have noted that the bill initially failed to include a minimum age — an omission that has opened the door to widespread mockery. Some worry the move helped reinforce stereotypes regarding Tennessee as backward.
The bill’s Republican sponsors have downplayed concerns that the age omission would result in a wave of child marriages, but they’ve since introduced an amendment that would incorporate an age requirement of 18 years old or older.
Who would be eligible for common law marriage contract?
If enacted, the legislation would allow opposite-sex couples to fill out marriage “contracts” based on common law marriage principles. Typically, common law marriage refers to the legal protections of marriage given to couples who live together as a married couple, but who haven’t gotten a state marriage license.
Just eight states allow common law marriages, according to the National Conference of State Legislatures, and Tennessee isn’t one of them. It’s a practice that in America has dated back to Colonial times when it was sometimes difficult to find a preacher to solemnize a marriage.
The Tennessee bill, however, specifically states the contract would only apply to “one man and one woman,” thereby banning same-sex couples from pursuing the option. Opposite-sex couples wouldn’t have to file the contract with the state, meaning county clerks wouldn’t have to recognize the contracts like they do with marriage licenses.
“This legislation has kept me up at night,” Republican Rep. Johnny Garrett told lawmakers earlier this week.
Garrett, who is an attorney, said the lack of state recognition would mean couples would likely be unable to claim benefits and be denied rights typically given to married couples. He also pointed out that there’s nothing prohibiting individuals from entering into multiple contracts.
“We’re going to legalize polygamy in this state,” he warned.
Republican Rep. Tom Leatherwood countered that people could commit fraud using marriage licenses and added that he believed courts would recognize the contracts so that individuals could receive spousal benefits.
“All this bill does is give an alternative form of marriage for those pastors and other individuals who have a conscientious objection to the current pathway to marriage in our law,” Leatherwood said during a legislative hearing in March.
Would the bill allow child marriage?
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When the bill was first introduced in the House, Democratic Rep. Mike Stewart quickly pointed out that the proposed common law marriage contract did not include an age minimum.
Currently, there is no federal minimum age requirement to be married. Instead, that decision is left to the states. For Tennessee, the minimum age to obtain a marriage license is 18, but 17-year-olds can still be married as long as they have parental consent. It is illegal for minors ages 11-17 to be married under a 2018 state law.
The proposed common law marriage bill wouldn’t automatically legalize child marriages. But the omission of an age requirement sparked widespread criticism that it would create a loophole allowing children to marry.
After downplaying child marriage accusations, the sponsors have since tweaked the bill to say it would apply to opposite-sex couples who “both have attained the age of majority,” which is 18 years old in Tennessee.
But that hasn’t stopped the skepticism from Democrats and Republicans who worry the bill is setting up the state for a costly lawsuit.
“This argument that it is going to set up two separate paths to marriage is blatantly unconstitutional in violation of the Obergefell decision, which is the law of the land,” said attorney Abby Rubenfeld, who in 2013 helped lead the challenge to Tennessee’s ban on same-sex marriage.
The suit, which was filed by Rubenfeld, was included in the SCOTUS case that eventually legalized gay marriage in 2015.
“We won that case before the Supreme Court and we also obtained, as you probably know, a substantial award in attorney fees and costs — which Tennessee taxpayers had to pay,” Rubenfeld warned lawmakers. “It can be expensive for our state to adopt unconstitutional laws.”
Who is supporting the proposal?
The fate of the bill remains unknown. Despite having nearly 20 Republican cosponsors, GOP Senate Speaker Randy McNally told reporters this week that he wouldn’t support it due to the lingering constitutional problems. The bill has been scheduled for several weeks to be debated before the full Senate, but has been delayed several times at the request of the sponsor.
Over in the House, the bill was discussed in a committee this week, but lawmakers ran out of time before taking a vote. It’s slated to come up again next Wednesday.
“I don’t know if it has the votes or not,” Republican House Speaker Cameron Sexton told reporters recently. “I guess we’ll find out next week.”
Alabama governor Kay Ivey signs sweeping legislation banning gender-affirming healthcare for trans youth and prohibiting discussions of LGBT+ topics in schools.
The Republican governor signed into law two controversial bills, House Bill 322(HB 322) and Senate Bill 184 (SB 184), just a day after the state legislature approved both measures.
SB 184 makes it a felony for anyone to provide gender-affirming care – including puberty blockers, hormone therapy or gender-affirming surgeries – to trans youth. Anyone convicted under the proposed legislation face a 10-year prison sentence and a steep $15,000 fine, ABC Newsreported.
The bill also means that Alabama is now the first state in the US to impose felony criminal penalties on medical professionals who offer gender-affirming treatment to trans youth, according to the Human Rights Campaign (HRC). The HRC also warned the bill would also require school personnel to out trans youth to their parents.
HB 322 – which has been dubbed by LGBT+ advocates as a ‘Don’t Say Gay or Trans’ bill – originally started as legislation that would ban trans K-12 students from using multi-person bathrooms, changing rooms and locker rooms that correspond with their gender identity.
But then Republican lawmakers amended the bill to also ban classroom discussions on gender identity or sexual orientation from kindergarten through fifth grade or in a “manner that is not age-appropriate”.
The Alabama bill goes further than Florida’s ‘Don’t Say Gay’ law, which prevents discussions on LGBT+ issues between kindergarten and third grade. Any discussion on LGBT+ topics in older grades in Florida classrooms must be “age appropriate”.
“I believe very strongly that if the good Lord made you a boy, you are a boy and if he made you a girl, you are a girl,” she said. “We should especially protect our children from these radical, life-altering drugs and surgeries when they are at such a vulnerable stage in life.”
She also went on to declare that “men use the men’s room” and “ladies use the ladies’ room” in Alabama. Ivey added that HB 322 would “ensure our elementary school classrooms remain free from any kind of sex talk”.
She then claimed that it is “misleading” to call it a ‘Don’t Say Gay or Trans’ bill because she said it is ensuring that young children are not being taught about sex.
“We are talking about five-year-olds for crying out loud,” she said. “We need to focus on what matters – core instruction like reading and math.”
Carmarion D Anderson-Harvey, Alabama state director for the HRC, condemned Ivey for choosing to “score political points with radical, far-right voters over the welfare” of trans youth and their families in Alabama.
“The governor and her fellow anti-equality legislators in the state capitol have recklessly passed a bill that goes directly against the best advice of the medical community and intrudes on the rights of parents and families to make their own medical decisions,” Anderson-Harvey said.
She added that Republican lawmakers have also “successfully criminalised” life-saving care that trans youth “need desperately” as well as the “incredible” medical professions who help these young people “each and every day”.
“In doing so they have jeopardised the future of these doctors, families and transgender youth who are all considering what their livelihoods will be in Alabama,” Anderson-Harvey said.
She continued: “The legislative package passed yesterday and signed today is the most anti-transgender legislative package ever passed, combining elements of infamous laws like HB 2 in North Carolina, Florida’s ‘Don’t Say Gay or Trans’ law and even Texas’s cruel executive action from earlier this year.
“Shame on Governor Ivey for being such a political coward that she puts children in harm’s way just to serve her own career.”
A bar serving LGBTQ New Yorkers has closed after an arson attack over the weekend, the New York City Police Department confirmed Wednesday.
At approximately 9 p.m. on Sunday, a man walked into the Rash Bar in Brooklyn’s Bushwick neighborhood with a bottle of flammable liquid, poured it on the bar’s floor, lit a match and set the venue ablaze, according to the NYPD. Police said the suspect fled as the bar became engulfed in flames.
Jake Sillen, one of the bar’s owners, told NBC News on Wednesday that they are still in shock.
“It’s so hard to believe and process,” said Sillen, 26, who is nonbinary and uses they/them pronouns. “It’s more confusing than anything.”
The Rash Bar in Brooklyn’s Bushwick neighborhood.Rash Bar / via NBC New York
Three people — a bartender, DJ and security guard — were inside when the venue was set on fire. A 25-year-old female was transported to nearby Wyckoff Heights Medical Center with minor burns, while another victim was evaluated on the scene for minor burns to the shoulders, the NYPD said.
Claire Bendiner, a co-owner of Rash, had just stepped outside when the fire broke out.
“Everyone rushed out,” Bendiner told NBC New York. “The side door has a glass front, and I looked over and saw flames to the top of ceiling. It was crazy, it happened so fast.”
The bar was left unrecognizable and torched, NBC New York reported.
Bendiner, who uses they/them pronouns, said the suspect boldly left behind evidence.
“He left the gas canister inside. Kind of calmly placed it on the bar counter. Wasn’t knocked over or anything,” they told NBC New York.
Police are reviewing surveillance footage that shows someone filling up a gas can minutes before the fire.
‘Easy target’
Police are still investigating a motive for the incident, and no arrests have been made. The bar’s owner declined to comment on the suspect’s intentions but noted that serving a large LGBTQ clientele makes the space vulnerable.
“I don’t want to jump to any conclusions, because we don’t know anything about the person that did this,” Sillen said. “It could easily turn out to be a motive that we aren’t expecting.”
“It’s easy to see why our space would be an easy target for someone looking to do harm to the queer community,” they said, adding that in Rash Bar, “people feel safe to be themselves, and it’s a shame that anybody would do anything to threaten this.”
Since the bar opened nearly five months ago, it has become a staple in LGBTQ nightlife and a refuge for queer young adults and performers. It is also known for being packed late into the night, according to NBC New York.
This is not the only reported incidenttargeting bars in or near the Bushwick neighborhood that are popular with the city’s LGBTQ community: In February, someone threw a pepper-bomb spray on the dance floor at a party for the Black queer community at Nowadays, and last summer there was a wave of attacks at Happyfun Hideaway.
“We, definitely in the last year, have seen a rise in anti-LGBT violence,” Sillen said, noting that more people are taking cars to and from parties. “The streets haven’t been as safe as they were three or four years ago.”
As of Wednesday afternoon, the bar owners had raised $52,000 of their $200,000 goal on GoFundMe to help reconstruct the damaged building and care for the injured employees. Sillen said they are thankful for the outpouring of support.
“What we’re doing is important, and no matter what, we will be reopening,” Sillen said. “We’ve never once thought about that not being a possibility.”
Sillen, who is still on edge after the fire, said they have a message for the arsonist.
“Turn yourself in,” Sillen said. “You’ve harmed so many people. Not just physically, but the waves that this is going to create — between the loss of income, wages and just the space for as long as it’s going to be gone. … It’s a lot of loss.”
Student organizer and activist Will Larkins decided that since LGBTQ American history is not taught in Florida’s public schools, he took it upon himself to explain the events of the Stonewall Uprising to his 4th period U.S. history class at Winter Park High School.
Although Larkins’ lesson was only, in his words, a 5 minute PowerPoint presentation for the history class of which he posted an excerpt on Twitter, there was a resulting torrent of hateful comments some of which took aim at the fact that Larkins gave his PowerPoint presentation in a rather fetching red dress.
The actions that the 17-year-old junior and president of the WPHS Queer Student Union took to educate his fellow students was lauded by several notable LGBTQ+ activists and allies including Marjory Stoneman Douglas High School shooting survivor and co-founder of the “March For Our Lives” movement David Hogg; Brandon J. Wolf, Press Secretary for Equality Florida; Janessa Goldbeck, the CEO of the Vet Voice Foundation; and countless hundreds of others.
Former US vice president Mike Pence has launched a list of policy suggestions ahead of the midterms and of course, plenty of them are anti-LGBT+.
Pence recently published his “Freedom Agenda” – his blueprint for Republicans to win future elections, which reads like a prelude to a 2024 run.
It’s essentially a Republican bingo card, with everything from pulling taxpayer funding for abortions to banning “anti-American, racist ideologies like Critical Race Theory” in schools.
Tightening border controls was also top of the list. And guns. A lot on guns, as well as stopping the government from “interfering with our First Amendment right to free exercise of religion”.
On women’s sports, Pence said that athletes should compete for their “God-given gender” to “preserve and protect female athletic competition”.
He also believes that doctors should be free to refuse to provide gender-affirming healthcare.
Pence wants Republican candidates to fight for faith-based adoption and foster agencies to have the right to discriminate LGBT+ couples.
“End the assault on faith-based adoption and foster care agencies that will only place children into families with one male father and one female mother,” the plan states.
A number of anti-LGBT+ former White House staffers from the Trump administration helped draft the plan, which included adviser Kellyanne Conway and former education secretary, Betsy DeVos.
Appearing on Fox News Digital, Pence said: “Elections are about the future, and frankly the opposition would love nothing more for conservatives to talk about the past or to talk of the mess they’ve made in the present.”
“I think it’s of equal importance we focus on conservatives at every level.”
Pence’s plan comes as conservative state legislators in dozens of states are proposing or passing laws targeting the trans community, many prohibiting trans youth from participating in girls’ sports.
Mike Pence speaks during the Advancing Freedom Lecture Series at Stanford University with a speech on ‘How to Save America From the Woke Left’. (Justin Sullivan/Getty Images)
Just four months into 2022, more than half of US states have already sought to introduce anti-trans sports bills, according to legislative trackers.
Speaking of problems that don’t exist, Pence also urged Republican candidates to campaign to “make in-person voting the primary method of voting”, following Trump’s baseless and debunked claims of mail-in voter fraud in 2020.
Forcing voters to bring identification with them to vote is another one of Pence’s bright policy ideas. Voter identification laws, voting rights advocates say, deprive countless Americans of the chance to vote.
Researchers have found that more disadvantaged groups are less likely to have ID, while one in 10 US citizens have no ID at all.
A 2018 report revealed that Pence played a pivotal role in dismantling civil rights protections for LGBT+ people during the Trump years, alleging that Pence was behind an executive order that aimed to legalise forms of religious discrimination against queer people.
The order bore a startling similarity to a bill Pence signed as Indiana governor in 2015 that allowed faith-based businesses to discriminate against LGBT+ customers.
Last month, a group of parents in Orlando, Florida, demanded “consequences” against sixth grade science teacher Robert Thollander. His crime? Thollander acknowledged his marriage at school.
“He married a man. This alone is not an issue. Sharing the details … with all his 6th grade students is the issue,” the parents wrote in a letter sent to their children’s school board, which was shared with NBC News. “It was not appropriate. Many of these students felt very uncomfortable with the conversations and shared this with their families.”
Had Thollander just “said he will be out for a few days because he was getting married, no problem,” the letter continued, “but to discuss the details and create an uncomfortable situation for the students with no benefit to teaching his subject matter is inappropriate.”
Sixth grade science teacher Robert Thollander.Courtesy Robert Thollander
Thollander denied having discussed his marriage since he and his husband tied the knot in March of last year, aside from acknowledging it when he was asked. No action was taken against him by school leaders, who defended him several days later with a letter of their own, he said.
Nevertheless, the incident prompted Thollander to make this school year his last after 11 years of working in Florida as a teacher.
“A lot of trust is given to teachers, and it made it seem like I wasn’t trusted because there’s something wrong with me for being gay,” he said. “It makes it seem like being gay is something vile or disturbing or disgusting when it’s described as making children uncomfortable knowing that I’m married to a man. It hurt.”
While the Orlando parents did not succeed in having Thollander disciplined or ousted, he and other LGBTQ teachers in the state worry that newly signed state law — titled Parental Rights in Education but dubbed by critics as the “Don’t Say Gay” law — will galvanize parents to take similar action against them. In fact, Thollander said he believes the parents who complained about him were emboldened by the bill even before it was signed into law.
With the new law in place, teachers fear that in talking about their families or LGBTQ issues more broadly, pointed letters will be the least of their worries.
The law, HB 1557, bans “instruction” about sexual orientation or gender identity “in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.” Florida Gov. Ron DeSantis signed it into law Monday. Parents will be able to sue school districts for alleged violations, damages or attorney’s fees when the law goes into effect July 1.
Lawmakers who support the law have repeatedly stressed that it would not prohibit teachers and students from talking about their LGBTQ families or bar classroom discussions about LGBTQ history, including events like the 2016 attack at the Pulse nightclub, a gay club in Orlando. Instead, they argue, it is about giving parents more jurisdiction over their children’s education.
But legal experts have said the broad language of the law could open districts and teachers to lawsuits from parents who believe any conversation about LGBTQ people or issues is “inappropriate.”
Nicolette Solomon said Florida’s new education bill was “the straw that broke the camel’s back.Courtesy Nicolette Solomon
Nicolette Solomon, 28, taught fourth grade in Miami-Dade County for more than four years. As HB 1557 passed through the Legislature, she quit. Solomon, a lesbian, said that after months of having taught virtually through the coronavirus pandemic, the law was “the straw that broke the camel’s back.”
“The law would erase me as an LGBTQ teacher,” she said. “Nobody would be able to know, which then puts me in the closet, and I’m there seven hours a day, if not more, five days a week. I wouldn’t be able to be who I am.”
“And I don’t think I can bear to see the students struggle and want to ask me about these things and then have to deny them that knowledge,” she added. “That’s not who I am as a teacher.”
Some Florida teachers also worry that the law will worsen the disproportionate rates of bullying, harassment and mental health issues plaguing their LGBTQ students.
A survey last year by The Trevor Project, an LGBTQ youth suicide prevention and crisis intervention organization, found that 42 percent of the nearly 35,000 LGBTQ youths who were surveyed seriously considered suicide within the previous year. More than half of transgender and nonbinary youths who were surveyed seriously considered suicide, it also found.
“Will other students interpret that as ‘Hey, now I have a pass to bully or mistreat certain students?’” asked Brian Kerekes, who teaches math at a high school in Osceola County, referring to the law. “It’s not out of the realm of imagination that that could now be an issue.”
A separate survey conducted by The Trevor Project last year found that LGBTQ youths who reported having at least one LGBTQ-affirming space reported lower rates of attempting suicide.
With that in mind, he said, Kerekes asks his students for their preferred pronouns at the beginning of every school year. He also places other LGBTQ-affirming symbols in his classroom, including a rainbow Pride flag and a sign that says “safe space.”
“Our students need to see that the educators in their community are as diverse as the rest of that community. They need educators that look and resemble them,” said Kerekes, who is gay. “We want them to know that we see them and respect them so that they can focus on what it is that they’re learning in class and not have to worry about how they’re going to be treated because of who they are.”
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Building successful teacher-to-student relationships has become increasingly important in recent years, Kerekes said, in light of remote learning during coronavirus lockdowns and the rise in school shootings nationally.
With the passage of the new Florida law, Kerekes worries that most teachers will now “hesitate to be the advocates and the mentors” for LGBTQ kids who may confide in them.
Supporters of the measure say exposing kids to LGBTQ symbols and identities is part of the problem.
DeSantis, who is widely seen as considering a run for the 2024 GOP presidential nomination, said Monday that the law will ensure “that parents can send their kids to school to get an education, not an indoctrination.”
Tiffany Justice.Leah Voss / TCPALM / USA Today Network file
Tiffany Justice, who served on a Florida school board for four years and co-founded a national network of about 80,000 parents, Moms for Liberty, agreed, saying the law is needed to fight a “transgender contagion” sweeping the country.
“This is parents pushing back,” Justice, a mom of four school-aged children, said. “They’ve had enough. We’ve seen enough nonsense. The kids are not learning to read in schools, and what I have said before is ‘Before you activate our children into social justice warriors, could you just teach them how to read?’”
She added, “Teachers really need to get back and focus on what they’re supposed to be teaching in schools.”
Michael Woods, a special education teacher in Palm Beach County, said legislators and parents are looking for a “solution to a problem that doesn’t exist.”
“Teachers do not go out of their way to create these moments where we’re ‘indoctrinating’ students,” said Woods, who is gay. “If I could indoctrinate a student, it would be to bring a pencil and a piece of paper, and if I was really good at ‘indoctrinating,’ I would be able to get them to do their homework.”
Some educators are also concerned about a section in the law that will require them to notify parents of a child’s “mental, emotional, or physical health or well-being … unless a reasonably prudent person would believe that such disclosure would result in abuse, abandonment, or neglect.”
Michael Woods is a special education teacher in Palm Beach County, Florida.Courtesy Michael Woods
Critics have said the provision will force teachers to “out” their LGBTQ students to their parents, potentially leaving them vulnerable to rejection at home.
From her first week on the job, Solomon said, “so many kids” throughout her elementary school — even those she did not teach directly — came out to her.
“They want to go to someone like a teacher who they might not know for the rest of their lives or someone who they know won’t judge them or won’t tell anybody,” she said. “They’re kids. They can’t just call a therapist and make an appointment.
“I don’t want to be in that situation where, instead of helping the students, I’m going to be hurting them,” she added.
On Monday, the American Federation of Teachers, the country’s second largest teachers labor union, slammed the measure, calling it an “assault” on students and teachers.
“Make no mistake, this bill will have devastating real-world consequences—especially for LGBTQIA+ youth who already experience higher rates of bullying and suicide,” Randi Weingarten, the group’s president, said in a statement. “And for teachers and school staff who work tirelessly to support and care for their students, this bill is just another gross political attack on their professionalism.”
U.S. Education Secretary Miguel Cardona met in private with LGBTQ students and their family members Thursday to discuss the impacts of the law.
Earlier in the week, Cardona issued a statement saying the Education Department would “monitor” the law upon its implementation and “evaluate whether it violates federal civil rights law.”
In the meantime, Thollander will be putting his new real estate license to work, and Solomon will be working on her newly launched LGBTQ family-focused podcast, “Flying the Coop.”
“I would teach in another state, but I cannot teach in Florida,” Solomon said. “It’s just so horrible.”
Beyond Florida, legislators in several other states — including Georgia, Tennessee, Kansas and Indiana — are weighing measures similar to the Florida law, which Justice said was “just the beginning.”
“We’re not stopping here,” Justice said. “If they think they have a problem with HB 1557 in Florida, wait until it’s in all 50 states. And we won’t stop until it is.”
Billboards popping up in some of Florida’s largest cities are encouraging passersby to “say gay.”
The massive roadside messages are a response to the state’s controversial Parental Rights in Education bill, dubbed by critics the “Don’t Say Gay” bill, which Republican Gov. Ron DeSantis signed into law Monday. The measure prohibits “classroom instruction … on sexual orientation or gender identity” in “kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate.”
The billboards — now on display in Orlando, Tallahassee and Jacksonville — were spearheaded by the Southern Progress Political Action Committee, which, according to its website, seeks to “expose the extremist agenda of Republican politicians.”
‘Say Gay’ billboard in Orlando, Fla. WESH
“It’s OK to say gay. It’s more than OK. It’s encouraged,” Ally Sammarco, a volunteer for the PAC, told NBC affiliate WESH of Winter Park. “We want to make it very clear that it’s OK to talk about who you are and where you come from, and no one can stop you from doing that.”
