It is Pride Month and I’m watching the white LGBTQ community respond to the pain and anguish of our black LGBTQ siblings in a time when we are finally being forced to confront the reality of anti-black police brutality. This weekend LGBTQ activists from NYC to LA are transforming their annual summer Pride festivals as a moment to protest in solidarity with Black Lives Matter.  

Closer to home, Indy Pride is devoting their entire Virtual Pride Celebration to performers who are black, indigenous or people of color. Additionally, they have announced that they will not be contracting with police to provide security at future in-person Pride events. This has provoked an important public debate about the role that cops have historically played in the fight for LGBTQ equality.  

This role has often been antagonistic. For many people – particularly trans people and queer people of color who are disproportionately affected by police violence and discrimination within our carceral system – it still all too often is.  

I’m struck by how much has changed for queer people. For instance, that we even have an LGBTQ community able to have a public debate about anything at all. Those of us who carry the unearned privilege of being white must be willing to do the work to make our spaces safe for our black and brown siblings.  

There was a time when we were a disorganized “rabble.” The riots at Stonewall are often credited with sparking the LGBTQ equality movement. They were led by rule-breaking black and Latinx trans sex workers with criminal records who were fed up with being raided and beaten by cops for violating “crossdressing” laws. They took to the streets to fight that violence right where it was happening. 

See? Even at Stonewall or at Compton’s Cafeteria it was as much about racist police brutality as it was about anything.  

If we like wearing whatever the hell we want to a fun, vibrant Pride celebration (I certainly do), then we have those women to thank. If we enjoy being able to employ queer lobbyists and policy experts to work politely and calmly in the halls of power to push the needle forward for all of us … we have a riot to thank for that.  

I write this as an out trans woman who is privileged enough to be able to work in this movement – a respectable organizer for the ACLU, a respectable organization. Who still has to choke back terror every time she interacts with police. Whether it’s at a peaceful protest, a simple traffic stop, or walking by a group of armed and uniformed security officers at a celebration -- that fear is always with me. I have certainly experienced harassment and discrimination from people in uniform. Will they look at my skirt and decide I must be a sex worker? It’s happened before. If I’m out on a date in the wrong neighborhood will they haul me in and put me in a men’s jail? It’s always on my mind. I sometimes choose to stay away from some places simply out of fear of a fraught police interaction. And that’s nothing compared to what my black and brown sisters experience. 

Every bit of liberation that we enjoy today comes down to an angry black trans woman throwing a brick because that was the only tool that would get anyone’s attention. And it is black queer people who are still left behind by our movement. It is up to all of us to do the work to end that.  

Black queer people still have to fear violence of all kinds, including anti-queer and anti-black police brutality. Black trans women are still at the very bottom of every measure of lived equity that we can name - abuse, rape, incarceration and negligence.  

Today, as peaceful protestors are gassed and overrun by militarized police forces and the national guard across the country, black voices are being painted as “violent” and therefore worthy of being ignored.  

Everywhere I look here in Indianapolis, my home city, I see black leaders like the women of Indy10 Black Lives Matter putting in the work. Protecting their people. Providing aid. Advocating for peaceful protest. Standing firm as helpers even when they have to square off against gangs of cops who behave more like thugs than peacekeepers.  

Black anguish deserves to be heard – not swept away with batons and tear gas because some folks seem to find shop-windows to be more valuable than the lives of #DreasjonReed, #BreonnaTaylor, #AaronBailey, #TonyMcDade, #GeorgeFloyd or any other of the long list of black lives taken by police violence. It is a list that should sicken all of us to the point of taking action.  

For those of us who are queer, it is a dishonor to the memory of our foremothers to ignore those names now. Or to make excuses for the violence these protestors are experiencing at the hands of the police. We must be helpers. “It is our duty to love one another.” I hear that shout at every single Black Lives Matter demonstration I’ve ever been to.   

It is time for the white LGBTQ community to demonstrate that we understand what those words mean. If we don’t like rioting – it's time for us to do the work to end the unjust conditions that make a riot inevitable.  

We do that by listening to our black and brown siblings. By showing up for them when they ask us and in the way that they ask us and believing them when they tell us about systemic racism. By insisting on accountability from our police and voting for candidates who will commit to reducing our collective addiction to racist, violent, and retributive systems of policing and incarceration.   

It is Pride month, and I’m going to make #BlackLivesMatter every single day of it.  

As Hoosiers continue to march the streets, demanding police reform and an end to police violence against Black and Brown people, we are confronted with images and videos of police using tear gas on peaceful protesters and making mass arrests of demonstrators who are practicing their First Amendment rights.  

Officers have lined city streets armed with rubber bullets and tear gas across the country, and President Trump has endorsed sending in military, encouraging governors and mayors to use “overwhelming force” and “domination.” But the deployment of military personnel and excessive force used against protesters only escalates the risks to all, while threatening Americans’ constitutional rights. 

In times such as these, we must point out patterns of racial bias and discrimination in law enforcement’s response to different protests.  When we do, we will recognize a pattern, from the past into the present, that suppresses protests by Black and Brown people. Violations of the First Amendment plagued the civil rights movement. In the early 1960s, for example, prominent Black citizens went to pray for justice on the steps of city hall in Albany Georgia, and they were arrested. Similarly, last weekend in Indianapolis, tear gas was used during a peaceful protest in which a Pastor lead his congregation from Liberty Tabernacle to the steps of Monument Circle for a prayer vigil. 

Just within the last month we have seen a stark contrast in how police and elected officials responded to two very different groups peacefully protesting two very different issues - the protests in Indianapolis catalyzed by the killing of George Floyd and Dreasjon Reed and, just weeks earlier, the protests in Indianapolis against the stay-at-home orders amid COVID-19.  

Hoosiers protesting Indiana’s stay-at-home order gathered in front of the Governor Holcomb’s mansion. Some protesters were armed and dressed in militaristic gear. Nonetheless, they were not met with tear gas or a heavy police presence. But as Black Lives Matter protesters marched up Meridian Street to the governor's mansion, they were met by a large line of police officers a block before arriving at their destination, with National Guard on standby. Hoosiers watched anxiously, in fear of escalation. While this protest near the Governor's mansion did not end with the use of tear gas, there have been reports of its use on peaceful Black Lives Matter protesters throughout Indiana, in cities such as Indianapolis, Fort Wayne and Lafayette. 

In addition to the frequent unlawful arrest or use of force against antiracist protesters, the FBI also has a long history of tracking leaders of the Black movement - from Marcus Garvey to W.E.B. Du Bois and Martin Luther King Jr. And since the uprising of the antiracist movement in the 21^st century, the ACLU has obtained FBI documents which revealed that between 2015 and 2018, the FBI dedicated considerable time and resources to opening a series of “assessments” into the activities of individuals and groups it mostly labeled “black separatist extremists.” Many of these reports were then shared with local police forces, painting Black activists as a threat to the community. 

When observing how police have reacted to recent peaceful protests throughout the country, it is clear that attempts to paint Black activists as a threat have been successful.

Now, as we observe this stark contrast in how the police and elected officials respond to different protests during these heated times, we must not forget our country’s history. A history of Black and antiracist protesters being met with tear gas, Black civil rights leaders being tracked by the FBI, and black organizations being labeled “black identity extremists” or terrorist groups. We must ensure that protesters’ voices can be heard and that their right to free speech is not muffled by the militaristic tactics being used against them. 

If you believe your rights were violated while protesting read this FAQ and if appropriate, submit a legal request with the ACLU of Indiana. 

  What are my rights at a protest?

• Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for. Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.
• Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.
• You don’t need a permit to march in the streets or on sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.

What happens if the police issue an order to disperse the protest?

• Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a lawful gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.
• If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.
• Individuals should receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.

I believe my rights were violated while protesting, but I was not arrested, or the charges were dropped. Should I file a legal request with the ACLU of Indiana?

• After reading the above know your rights information, if you believe the police interfered with your First Amendment right to protest, you may file a request for legal assistance with the ACLU of Indiana.
  • If you believe your constitutional rights have been violated, you can file a complaint with the ACLU online, email us at intake@aclu-in.org or
  • mail intake requests to:
    ACLU of Indiana
    1031 East Washington Street
    Indianapolis, IN 46202

I believe I was unlawfully arrested and charged for protesting. Should I file a legal request with the ACLU of Indiana?

• Once you are arrested, you will be required to seek relief from a criminal court and our office does not handle criminal cases. You should contact an attorney practicing criminal law. There are many such lawyers in the community. We have been informed that the law firm of Saeed and Little at 317-721-9214 may be providing free representation to persons arrested. You may also contact Lucy Frick or the Marion County Bar Association.

How can I be my own legal observer?

• Take pictures and record video at the protest (see more below).
• If you believe your rights have been violated, when you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
• Get contact information for witnesses.
• Take photographs of any injuries.
• Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

What if I see another protestor’s rights being violated?

You should encourage them to take the above steps and contact the ACLU of Indiana.

Can I take pictures or shoot video at a protest?

• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the owner may set rules about photography or video.)
• Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

What do I do if I am stopped or detained for taking photographs?

• Always remain calm and never physically resist a police officer.
• Police cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so.
• If you are stopped, ask the officer if you are free to leave. If the answer is yes, calmly walk away.
• If you are detained, ask the officer what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.