Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay and Transgender People in the U.S.

"If there is a group of queer youth of color hanging out in front of the subway station on Christopher Street the police will tell them they are loitering, but if it's a group of white tourists blocking the subway entrance they don't say anything."

- Gabriel Martinez, FIERCE!, New York

Profiling and Selective Enforcement

AI's research has revealed that law enforcement officers profile LGBT individuals, in particular gender variant individuals and LGBT individuals of color, as criminal in a number of different contexts, and selectively enforce laws relating to "morals regulations," bars and social gatherings, demonstrations and "quality of life." AI's findings indicate that race continues to be a motivating factor in presumptions of criminality, and that racism compounds the homophobic and transphobic treatment of LGBT people of color by police. The targeting of LGBT people of color by law enforcement mirrors the systemic racism found in policing in the USA in general, and is consistent with previous AI documentation.

Policing Gender - Profiling of transgender individuals

Transgender individuals in particular report being profiled as suspicious or as criminals while going about everyday business such as shopping for groceries, waiting for the bus, or walking their dog.

Law Enforcement Training and Policies: 72% of police departments report having no policy regarding interactions with transgender people. AI is concerned by the lack of transgender-specific policies, procedures and training for law enforcement personnel, especially in light of the findings of the report.
Profiling as sex workers: AI has found a strong pattern of police unfairly profiling transgender women as sex workers . AI received reports of such practices in Chicago, Los Angeles, New York and San Antonio, as well as in Washington, DC, Philadelphia, Pennsylvania, San Francisco, California and Houston, Texas.
Identification: AI's findings indicate that where transgender or gender variant individuals produce identification to an officer that does not match their gender expression, individuals are regarded as fraudulent or deceitful, creating a heightened risk of abuse and harassment.
Policing Bathroom Use: AI has heard reports in Los Angeles, New York and San Antonio that police have demanded identification from transgender people when they have attempted to use public bathrooms.

Morals Enforcement - Policing Public Space: AI received reports of targeted enforcement of "morals regulations" disproportionately against gay men in all four cities studied by AI, as well as in several other cities across the US including Detroit, Michigan, Columbus, Ohio, and Denver, Colorado. AI and other organizations including ACLU, LAMBDA and the Detroit Triangle Foundation are concerned that vaguely worded regulations lend themselves to discriminatory application since laws and regulations leave almost entirely to an officer's judgment the definition of offending conduct. In a number of cities, law enforcement agencies utilize targeted undercover operations as a primary means of enforcing of morals regulations, in which undercover officers patrol areas known to be frequented by gay men and invite sexual or lewd conduct by their words or behavior. Reports in Chicago, Los Angeles, New York, Washington D.C. and Detroit indicate that police target locations where Latino, African American and/or South Asian, as well as immigrant individuals, are reported to congregate for lewd conduct enforcement.

Police Raids of LGBT Gatherings: Although raids of gay bars are no longer as widespread as previously, reports indicate continued police targeting of venues where LGBT people socialize. According to the NCAVP, between 1999 and 2003, police raids have been reported in New York, Massachusetts, Michigan, Minnesota, New York, San Francisco, Chicago, Detroit, Houston and St Louis. AI is concerned about reports of verbal and physical abuse as well as inhumane and degrading treatment of LGBT individuals during raids. Some raids have reportedly involved high numbers of officers and excessive force against individuals.

Demonstrations - Targeting of LGBT Demonstrators and Activists: AI has received reports that law enforcement personnel have selectively targeted LGBT contingents and activists at demonstrations; employed excessive force at LGBT demonstrations and rallies; used homophobic and transphobic slurs; and arbitrarily detained and searched individuals. Advocates reported to AI that transgender and gender variant demonstrators tend to be selectively targeted by police. AI is concerned at reports that LGBT demonstrators were detained and denied medication despite carrying necessary prescriptions and identification. AI also heard reports of transgender individuals and LGBT people of color being detained for longer than other protestors before being released following an arrest at a demonstration.

"Quality of Life" Enforcement and Gentrification: Reports to Amnesty International in all four cities studied indicate a pattern of discriminatory enforcement of "zero tolerance" and "quality of life" regulations against members of LGBT communities, in particular transgender individuals, LGBT people of color, LGBT youth, homeless and poor individuals, and those engaged or perceived to be engaged in sex work. Reports indicate that while a person may initially be targeted based on their race, for example, the risk of police abuse may increase when the person's sexual orientation or gender identity becomes apparent. Discriminatory policing of "quality of life" regulations appears to be strong in gentrifying areas, which have traditionally provided safe space for LGBT individuals.