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Agreement
will put Park Police under command of SAPD
SAPD
appoints a new GLBT liaison
Analysis:
Merging Park Police with SAPD may be good for S.A. gays
SAPD
community outreach includes recruiting gays, minorities
Police
Chief under fire by anti-gay "Christian" zealots
SAPD
initiates gay sensitivity training and recruitment
GLBT
activists attend Town Hall meeting on police brutality
Gay
bar owners and police meet to iron out issues
Committee
works with SAPD on gay issues
Activists
and club owners address concerns at meeting with SAPD brass
Gay
man alleges police harassment after leaving the Saint
SAPD
responds to harassment complaint
SAPD
liaison speaks at Stonewall Democrats’ meeting
Amnesty
International criticizes SAPD for mistreatment of GLBT citizens


Agreement will put Park Police under
command of SAPD
QSanAntonio, July 26
An agreement reached on July 23 would transfer authority over the Park
Police and the Airport Police to San Antonio Police Chief William McManus.
City Manager Sheryl Sculley will present the proposal to the City Council
Public Safety Committee on August 13. The move will no doubt be viewed
in the GLBT community as positive development given the Park Police’s
reputation for the entrapment and physical abuse of gay men in recent
years.
Under the new agreement, officers with the Park Police and the Airport
Police will come under the command of Chief McManus but will retain their
specialized missions. They would also continue to receive the same benefits
and be represented by the same unions. All Park and Airport policemen
will retain their jobs.
For the GLBT community the change in leadership at the Park Police means
that the community can now bring any grievances directly to Chief McManus,
who since his arrival in San Antonio, has proved he is sensitive to gay
issues. Presently, the Park Police report to the Director of Parks and
Recreation.
In years past, the Park Police became known for their raids on local parks
where they arrested gay men, sometimes unjustly, for public sex. Some
of those arrested reported being beaten and kicked and otherwise roughed
up by arresting officers.
In 2005, Amnesty International released a report criticizing the treatment
of GLBT citizens by the SAPD, the Bexar County Jail and the Park Police.
Of the three law enforcement agencies cited in the report, the Park Police
seemed the most agressive in their treatment of gay men. (Click
here for related story.)
Since the release of the Amnesty International report, the number of arrests
for lewdness and indecent exposure dropped by more than half, indicating
the Park Police rethought their practice of entrapping gay men after it
was made public.
According to Park Police statistics published on July 24, 2008 in the
San Antonio Express-News, there were 125 arrests in 2005 for public lewdness
and indecent exposure. In 2006, that number dropped to 56 and in 2007
the number was 52. However, arrests made for "other offenses"
went from 44 in 2005 to 287 in 2007.
The San Antonio Police Department, under the command of Chief McManus,
has made many positive strides in its relations with the GLBT community.
The Chief and his representatives have met with activists and gay bar
owners, eschewed the entrapment of gay men, and instituted GLBT sensitivity
training at the Police Academy.
Many in the community see the new command structure as an
indication that the Park Police will now be guided by the SAPD’s
more tolerant policies.


SAPD appoints a new
GLBT liaison
QSanAntonio, May 21
San Antonio Police Department spokesman Sgt. Gabe Trevino confirmed to
QSanAntonio on May 20 that Chief William McManus has appointed a new liaison
for the GLBT community. Captain Jose Banales has been tapped to be the
point-person within the SAPD who will help GLBT citizens address problems
and concerns they may have with their interactions with local police.
Captain Banales is replacing Captain Larry Birney who is retiring and
who for the last two years served as the GLBT liaison. Captain Birney
was appointed in 2004 after a Amnesty International report criticized
the SAPD for its treatment of GLBT citizens. Since then the SAPD’s
relations with the GLBT community have steadily improved.
Banales graduated from the SAPD Academy in 1983, his first assignment
was in the West Service Area of the Patrol Division. Over the years Captain
Banales rose through the ranks and is currently the Commander of the Major
Crimes Section of the Criminal Investigation Section. He is a graduate
of the FBI National Academy’s 179th Session, and has a Bachelor
of Applied Arts and Sciences degree from Texas State University with an
emphasis in Criminal Justice Management.
In a telephone call to QSanAntonio, Captain Banales said he was looking
forward to working with the GLBT community. He said that he would try
to work on eradicating any negative perceptions the community might have
with the police. He also said he was anticipating meeting community activists
and speaking before GLBT groups.
Captain Banales told QSanAntonio that he could
be reached at the following telephone number: 210-207-7635.


Analysis: Merging Park Police with
SAPD may be good for S.A. gays
By Sam Sanchez, QSanAntonio, May 15, 2008
On May 13, San Antonio Police Chief William McManus announced that he
would like to merge the Park Police and the Airport Police into a single
department with the SAPD. The chief’s proposal may have an upside
for gays in San Antonio considering the Park Police’s checkered
reputation with this segment of the population.
In years past, the Park Police became known for their raids on local parks
where they arrested gay men, sometimes unjustly, for public sex. Some
of those arrested reported being beaten and kicked and otherwise roughed
up by the Park Police.
There were incidents when Park Police would bring local television reporters
with them to photograph the stings and give the media the names those
arrested. We all remember the "Perverts in the Park" reports
aired on KENS-TV. A man committed suicide after he was identified in one
such story published in the San Antonio Express-News.
In 2005, Amnesty International released a report criticizing the treatment
of GLBT citizens by the SAPD, the Bexar County Jail and the Park Police.
Of the three law enforcement agencies cited in the report, the Park Police
seemed the most out of control.
Amnesty International found a pattern of Park Police officers engaging
in entrapment techniques, soliciting and inviting prohibited conduct.
Local GLBT activists had expressed concern about such practices for years
before the report brought the abuse to light.
Since the Amnesty International report was made public, the Park Police
have eased off on the frequency and intensity of their stings. Nevertheless,
bringing the Park Police into the SAPD represents a sensible approach
to reining in a maverick agency.
The San Antonio Police, under the command of Chief William McManus, have
made many positive strides in their relations with the GLBT community.
They have met with activists and gay bar owners, eschewed the entrapment
of gay men, and instituted GLBT sensitivity training at the Police Academy.
In a show of his determination to improve the department’s image
with the community, Chief McManus marched in the last year’s Gay
Pride Parade.
By becoming a part of the SAPD, the Park Police would benefit from Chief
McManus’ efforts to police our city with a fair and even approach.
Having all of our law enforcement agencies under the same enlightened
leadership would be a good thing for all of San Antonio’s citizens.


The City of San Antonio Police Training Academy
SAPD community outreach
includes recruiting gays, minorities
QSanAntonio, April 11, 2008
Beginning this weekend, the San Antonio Police Department launches an
outreach program to recruit more minorities including blacks, Asians and
gays. The effort begins on Saturday, April 12 with a San Antonio Police
Career Fair to be held at the Police Academy.
Former City Councilwoman Elena Guajardo told QSanAntonio that her contacts
at the Police department have asked if she would help get word of their
recruiting efforts out to the GLBT community. The original impetus for
the program was a federal grant from the Justice Department’s Community
Oriented Policing Services that focuses on innovative hiring practices.
"We initiated a process that was to have focused on the target groups,"
Capt. Larry Birney, the SAPD’s GLBT liaison, told QSanAntonio last
year.
Birney said that beyond normal job fairs, SAPD recruiters will reach out
to appropriate student organizations at colleges and universities to forge
relationships that will encourage minority graduates to apply. "We
want them to know that the SAPD will provide a welcoming environment."
The Police department has made many positive strides in improving its
relationship with the GLBT community. Last year, it began allowing GLBT
sensitivity training at the Police Academy, with classes taught by local
activists. This training is now a regular part of the curriculum.
The San Antonio Police Career Fair, Saturday April 12 from 10 a.m.
to 2 p.m. at the Police Academy, 12200 S.E. Loop 410. Additionally, the
Police Department will be accepting applications from April 12 to May
9, 2008. For more information call 210-207-6270 or go to www.sanantonio.gov/sapd.

Police Chief under fire
by anti-gay "Christian" zealots
QSanAntonio, July 31, 2007
A group of anti-gay "Christian" zealots plans to speak before
the San Antonio City Council on Thursday, August 2 to express their displeasure
to the Mayor and City Council regarding Police Chief William McManus’
participation as grand marshal in the S.A. Gay Pride Parade on July 2.
The protest is being staged by the same KSLR AM "Christian"
radio talk show host who last year organized the three H-E-B pickets and
the failed boycott of that grocery chain.
KSLR listeners are being asked to come before the City Council and speak
during the "Citizens to be Heard" portion of the meeting to
demonstrate their "objection to Police Chief McManus, using his influence
to legitimize homosexual sex which is unnatural, unhealthy and unbiblical."
The protesters will be asked to stand as a group while they present their
complaints to the Council. Ironically, participants are being asked to
be "polite and Christ-like" when they make their anti-gay speeches.
This is the second time this radio station has attacked Chief McManus
for his participation in the gay parade. The last time was at the end
of June, just before the parade took place. At that time many of those
"Christians" posted remarks to a blog on WOAI.com where some
of the comments were patently un-Christ-like, bordering on hate speech.
The attacks on the Chief continued on KSLR for several days after the
parade had taken place.
Since his tenure in San Antonio began, Chief McManus has reached out to
the GLBT community to help improve what in the past had been a rocky relationship.
He has met with community groups, initiated GLBT sensitivity training
at the Police Academy, and has, in general, made it clear that he will
not tolerate anti-gay behavior by the police force. In fact, on August
9, about a dozen GLBT citizens will be conducting a daylong class at the
Police Academy as part of an "in-service training" for police
officers.
QSanAntonio is asking its readers to show their support of Police Chief
William McManus and for equality for all citizens in San Antonio by contacting
the Mayor and their City Councilperson. Click here to send them an email:
Mayor
& City Council.
If possible, please consider attending the City Council meeting on August
2, which starts at 6 p.m. at the Municipal Plaza Building. The entrance
is in the pedestrian walkway just north of San Fernando Cathedral. You
also can register at the Municipal Building to speak before the City Council
between 8 a.m. and 5:50 p.m. on Thursday, August 2. Several GLBT groups
are organizing support for the Chief and will have some of their members
in attendance.
See also, related opinion piece: An
open letter in support of Police Chief William McManus


Police Chief McManus
is Grand Marshall for Pride Parade
QSanAntonio, June 26, 2007
QSanAntonio learned on June 26 that San Antonio Police Department’s
Chief William McManus will be the Grand Marshall of the Gay Pride San
Antonio Parade. The appearance by Chief McManus marks a new era of cooperation
between the SAPD and the GLBT community. Recently the department announced
that it would begin offering GLBT sensitivity training and also reach
out to recruit more gay officers. (See story below.)

SAPD initiates gay sensitivity training
and recruitment
QSanAntonio, June 22, 2007
Captain Larry Birney, the San Antonio Police Department’s GLBT liaison
and director of the Police Academy, has confirmed to QSanAntonio that
the department will begin offering gay sensitivity training and also will
launch an outreach program to recruit more minorities including blacks,
Asians and gays. These new initiatives mark a positive milestone in the
SAPD’s sometimes-rocky relationship with the GLBT community in years
past. (Click here for related story.)
On August 9, members of the Peace Officers Liaison Committee, a group
of GLBT activists, will offer a sensitivity training class to seasoned
officers as part of the SAPD’s career development program. The class
will be 8 hours long and will feature a multi-racial roster of about a
dozen different speakers from the GLBT community including mental health
professionals, ministers and activists among others. Classes designed
for cadets will be offered later in the year.
"As far as we know, this type of training class, with members of
the GLBT community teaching the course, will be unique to the SAPD,"
said Travis Peterson, the Liaison Committee’s chairman. Peterson,
a psychotherapist, previously worked with a group who designed a GLBT
curriculum that is still used by the Houston Police Department. The other
members of the committee are Lynne Armstrong, Roberto Flores and Marsha
Warren.
The Liaison Committee was formed last October under the aegis of the Stonewall
Democrats of San Antonio. Since that time they have been meeting with
supervisors from the Police Academy with the goal of developing a curriculum
that teaches police to be more sensitive to GLBT issues.
In another positive development, Captain Birney told QSanAntonio that
the SAPD would begin to reach out to the black, Asian and gay communities
in hopes of recruiting new cadets. The original impetus for the program
was a federal grant from the Justice Department’s Community Oriented
Policing Services that focused on innovative hiring practices. "We
initiated a process that was to have focused on the target groups,"
said Birney "but later we learned that the grant was designed as
a research process and not an actual go out and do the job activity. However,
this will not stop us from moving forward."
Birney says that beyond normal job fairs, SAPD recruiters will reach out
to appropriate student organizations at colleges and universities to forge
relationships that will encourage minority graduates to apply. "We
want them to know that the SAPD will provide a welcoming environment,"
said Birney.
Captain Birney credits Police Chief William McManus with the efforts to
reach out and improve the SAPD’s relation with gays. Peterson echoes
that sentiment. "It’s fortunate for the GLBT community that
Chief McManus fosters a positive attitude toward all citizens of San Antonio
and is serious about the training of SAPD officers to meet the needs of
all the city’s communities."


GLBT activists attend
Town Hall meeting on police brutality
QSanAntonio, January 30, 2007
GLBT activists were present at a January 29 Town Hall meeting with Police
Chief William McManus organized by San Antonio Communities Organized Against
Police Abuse (COPA) at the Claude Black Community Center on the city’s
East Side. The meeting featured testimony by several victims of alleged
police brutality.
A coalition of several groups, including the American Civil Liberties
Union of Texas, Neighbors First Alliance and the League of United Latin
American Citizen were present at the meeting. GLBT organizations present
included representatives from the Esperanza Peace and Justice Center,
QSanAntonio, and the Peace Officer’s Liaison Committee, a group
that is working with the San Antonio Police Academy on issues regarding
GLBT sensitivity training.
The highlight of the meeting featured citizens describing situations where
police used excessive or deadly force. Joseph Fennell, a young black man,
described being grazed by a policeman’s bullet when he was mistakenly
identified as a thief. Josephine Martinez tearfully recounted how police
had entered her home and shot her son dead. Tamie Ximiness sobbed as she
told the audience about being roughed up by police in a grocery store
parking lot.
Sam Sanchez, publisher of QSanAntonio.com addressed the meeting briefly
to describe how the GLBT community has been dealing with the same issues.
He cited the 2005 Amnesty International report that described police brutality
against GLBT citizens, the appointment of Captain Larry Birney as the
SAPD’s GLBT liaison and the formation of the Peace Officer’s
Liaison Committee.
COPA made several demands to Chief McManus. These included hiring an outside
agency to conduct sensitivity training; making the internal affairs process
less intimidating; giving monthly reports on police abuse, racial profiling
and the use of stun guns; and giving mandatory drug testing to police
officers involved in injuring or killing residents.
McManus answered the demands in a highly scripted response that was in
keeping with meeting’s structure which allowed little or no spontaneous
dialog. His answers seemed to leave many in the room unsatisfied.
After the meeting McManus told reporters that he did not like how the
meeting was organized. He said he would have preferred to be able to respond
to each of the citizens who spoke on a case by case basis. Organizers
say the Town Hall was a first step and they plan many more meetings with
the police.


Gay bar owners and police meet to
iron out issues
QSanAntonio, November 1, 2006
Members of the San Antonio Police, the San Antonio Park Police and the
San Antonio College Police met with bar owners and members of the GLBT
community at the Saint on October 31 to discuss the crime that persists
in the area around the bars on North Main Avenue. The meeting was notable
in that of the 35 people in attendance, almost half were policemen who
patrol the neighborhood.
The heavy police presence at the meeting included: Chief of Police William
McManus; Captain Larry Birney, the SAPD’s GLBT liaison; Steven W.
Baum, Chief of the San Antonio Park Police; and Corporal Leonardo Nieves
of the San Antonio College police. City Councilwoman Elena Guajardo moderated
the meeting. Others in attendance were the owners of the Saint, Heat,
Pegasus and Luther’s restaurant; the members of the Peace Officers
Liaison Committee; QSanAntonio; and Rev. Kevin Downer of MCC San Antonio.
The meeting was the second held between police and North Main Avenue bar
owners. The first meeting held on September 12, dealt with issues that
affect San Antonio’s GLBT community at large such as profiling and
harassment. (See related story.)
The second meeting saw few such complaints and the discussion dwelt more
on the difficulty of policing and doing business in a neighborhood that
attracts prostitution, drug dealing, burglary and loitering.
One troubled area in the neighborhood includes the San Antonio College
parking lots, located across Main Avenue from the bars, where the SAC
police must contend with car burglaries and individuals having sex in
parked autos. Another hot spot is Crockett Park that adjoins the block
where the bars are located. The park is often active with transgender
prostitutes, rent boys and the johns who seek them out. The San Antonio
Park Police are responsible for policing that area. Loitering and illegal
activities also abound on Ogden Street that runs directly behind and east
of the bars.
Police officers and bar owners were able to openly air their individual
grievances and discuss ways to work together to reduce crime and make
it less intimidating for bar patrons who see the heavy police presence
as a negative. Some of the points made by police include the need for
better security by the bars and more communication with police commanders.
Bar owners for their part welcome the police but say that cops on foot
patrol or bicycles are better for business than patrol cars parked around
the neighborhood or in front of bars.
The meeting was most constructive because it was probably the first time
that bar owners, neighborhood police officers and their commanders were
able to sit down and talk. Thanks to the efforts of Captain Birney and
Councilwoman Guajardo the face to face discussion that ensued, while bumpy
at times, gave all parties a better idea about how to attack the problems
that plague the neighborhood.


The Police Officers Liaison Committee
members are (left to right) Lynne Armstrong, Marsha Warren, Travis Peterson
and Roberto Flores.
Committee works with
SAPD on gay issues
QSanAntonio, October 21, 2006
One year ago, Amnesty International released a report that offered a highly
critical assessment of the treatment of GLBT citizens by the San Antonio
Police Department, the San Antonio Park Police and the Bexar County Jail.
(See related story.) Now, with
hopes of averting such incidents, a newly formed group is working with
the law enforcement officials to address the needs and concerns of San
Antonio’s GLBT community.
The Peace Officers Liaison Committee (POLC) is a group of four local GLBT
activists who initially organized under the aegis of the Stonewall Democrats
of San Antonio. During the last two of months the committee has met with
supervisors from the San Antonio Police Academy with the goal of developing
a curriculum that teaches cadets to be more sensitive to GLBT issues.
The formation of the POLC occured this summer after Police Chief William
McManus and Captain Larry Birney, the SAPD’s GLBT liaison, spoke
at meetings of the Stonewall Democrats. During those sessions, Stonewall
member Travis L. Peterson asked McManus and Birney if the police department
would permit local activists to observe and review the Police Academy’s
GLBT sensitivity training. Both men agreed. Another Stonewall member,
City Councilwoman Elena Guajardo, followed up with the Police Department
and put them in direct contact with Peterson.
A few years ago, Peterson, a psychotherapist and recent transplant to
San Antonio, worked with a group who designed and delivered a GLBT curriculum
to the Houston Police Department. "The activists stepped forward
after a gay man was murdered coming out of a local bar," says Peterson,
"His death helped rally the community." The Houston Police still
use that curriculum.
Before meeting with San Antonio Police, Peterson recruited others to join
his then unnamed committee. The POLC now consists of Peterson, Stonewall
board members Roberto Flores and Lynne Armstrong, and Marsha Warren, treasurer
and board member of the Metropolitan Community Church of San Antonio.
The committee has had two meetings with the SAPD. The first meeting was
with officials from the Police Academy and the second was convened so
the committee could observe GLBT sensitivity training being given to department
supervisors. A third meeting is scheduled to observe cadets receiving
the training. After that the committee will review the curriculum and
make its recommendations.
Peterson says that there are three points that must be stressed. The first
is that sodomy is no longer illegal since the Supreme Court ruled in Lawrence
vs. Texas. The second is that cadets need to understand the meaning of
homophobia. And the third is the prevention of homophobic treatment of
GLBT citizens by law enforcement.
Aside from working on Police Academy training, the committee also aims
to work with the GLBT community on other police related matters. In September,
the committee was present at a meeting with Chief McManus, Captain Birney
and owners of the gay bars along the 1400 block of North Main Street.
Club owners complained that police were coming into the neighborhood with
tow trucks, ticketing parked cars, citing people for jay walking, blocking
intersections with patrol cars, and detaining drag performers accusing
them of prostitution. (See next
story below.) A follow-up meeting is scheduled for next week.
Peterson says that the POLC hopes to eventually address sensitivity issues
with the San Antonio Park Police and the Bexar County jail, both of which
operate independently of the SAPD and both of which have tarnished reputations
in their dealings with GLBT citizens.
For more information about the Police Officers
Liaison Committee contact Travis Perterson at 210-323-9779.


Activists and club owners address
concerns at meeting with SAPD brass
QSanAntonio, September 15, 2006
Over 20 community activists and gay club owners met with San Antonio Police
Chief William McManus and GLBT liaison Captain Larry Birney to address
concerns about police-related activity in the area around the 1400 block
of North Main Street.
The September 12 meeting was held at the Saint. John Downum, proprietor
of the Saint, District 7 Councilwoman Elena Guajardo, and Martin Herrera,
an aide to District 1 Councilman Roger Flores, organized the gathering.
Speaking before the group, Downum said he was prompted to call for the
meeting after hearing of the arrest of Edward Castillo, a gay man who
on July 20 was pulled over in his car by police after leaving the Saint.
Castillo was handcuffed and arrested for drunk driving, had his car searched
and towed by police, then was taken to police headquarters only to be
released when a Breathalyzer test proved he was not drunk. After his arrest
Castillo launched a widespread email campaign to inform the community
and city officials about his experience. (See
related story)
Castillo’s arrest, said club owners, was the latest example of what
seems like ongoing harassment of club patrons by police. In addition to
pulling over patrons driving on North Main Street, club owners described
witnessing police swooping into the neighborhood with tow trucks, ticketing
parked cars, citing people for jay walking, blocking intersections with
patrol cars, and detaining drag performers accusing them of prostitution.
More than anything the complaints seemed to focus on the police’s
sometimes brusque and insensitive treatment of GLBT citizens.
On the other hand, club owners explained they realize a police presence
is necessary in a neighborhood where loitering, prostitution, drug dealing,
public sex in nearby Crockett Park and other crimes are a problem. They
don’t want the police to stay away; they just want them to be more
mindful of how they treat club patrons.
According to police, the Tobin Hill neighborhood, which includes the strip
along North Main where the clubs are located, has been identified as a
"high crime" area that gets special attention from the department’s
Crime Response Unit initiative. This initiative places up to 30 officers
in a small geographical area at any one time. This explains why on some
nights there seems to be a more than average amount of police patrol cars
in the area.
In responding to club owners’ concerns, Captain Birney said he offered
no excuses for the patrolmen’s behavior toward GLBT citizens. He
emphasized that all citizens should expect proper treatment from the police
and that the complaints he heard at the meeting were not unique to the
gay community. "Sometimes," he said, " a few words from
me can make a difference. When it doesn’t I refer the case to Internal
Affairs."
The Captain suggested that the biggest problem he could see with the bars
on North Main Street was a lack of communication between the department
and the club owners. "We should make club owners aware when we have
special patrols in the area," he said. He also agreed with a suggestion
that club owners be allowed to meet with the patrolmen who work in the
neighborhood.
The overall tone of the hour-and-a-half meeting was considerate and constructive.
Councilwoman Guajardo served as moderator and made sure that all the parties
involved had a chance to speak. Toward the end of the meeting, Chief McManus,
who arrived late, spoke to the group saying that he was confident that
Captain Birney would follow up on all of their concerns. The meeting adjourned
with Guajardo saying that a follow up meeting would be scheduled to continue
the discussion with neighborhood patrol officers in attendance.
Even though the meeting was convened to discuss club-related concerns,
those attending included activists from throughout San Antonio’s
GLBT community. In addition to owners and managers from The Saint, The
Annex, Heat, and Pegasus, the meeting included individuals from the Stonewall
Democrats, MCC San Antonio, State Senator Leticia Van de Putte’s
office, QSanAntonio, PrideFest, and members of a GLBT task force that
has been working on sensitivity training at the Police Academy.


The corner of East Evergreen and North Main -- Edward
Castillo was turning right (south) onto North Main from East Evergreen.
Officer Joe Rios was turning left (west) onto East Evergreen from North
Main. Castillo says he traveled about half a block while Officer Rios
turned around, followed behind Castillo and pulled him over for "driving
too close to the curb" when he made the turn.
Gay man alleges police harassment
after leaving the Saint
QSanAntonio, July 25, 2006
It was 12:30 a.m. on Thursday, July 20. Edward Castillo was in his white
Chevy Cavalier convertible turning onto North Main Street on his way home
after a quick stop at the Saint where he says he had a Red Bull, a cocktail
and a diet Coke. Before he could travel less than half a block, Castillo
was pulled over by SAPD Officer Joe Rios for "driving too close to
the curb."
During the next two-and-a-half hours Castillo, a 40-year-old Navy veteran,
would be mistakenly accused of driving under the influence. His car would
be searched and towed away by the police. He would be handcuffed and taken
to the police station where, after two Breathalyzer tests, it would be
determined that his blood alcohol level was well below the legal limit.
In the end, Castillo was sent home with a ticket for driving without proof
of insurance (he says he has insurance but was not allowed to call his
insurer to provide verbal proof), and with a bill for over $100 to get
his car out of the impound lot.
Standing outside the police station at around 3:00 a.m. after his release,
Castillo, now on foot, went over the events of the evening in his mind
to try and determine the reason behind his unfortunate experience. "The
first thing Officer Rios asked me was where I had been," he recalls.
"I told him the Saint."
Castillo firmly believes he was stopped because Officer Rios assumed he
was gay. "There was no reason for Officer Rios to pull me over,"
he says. "It’s a travesty when one considers the time and money
expended on my alleged DUI."
After learning of the incident, John Downum, owner of the Saint, said
that he had heard talk recently of others drivers with similar experiences
but did not have any details. He said that the bars along North Main Street
had requested help from the SAPD in discouraging hustlers from loitering
on the sidewalks in front of the clubs. Castillo reports that there were
several police cars patrolling the area when he left the Saint that night.
It will be hard to prove that Castillo’s experience was police harassment
since it is his word against that of a police officer. However there are
several disturbing facts that leave questions about Officer Rios’
intent. There’s the false accusation of drunk driving. The extensive
search and towing of the car. The humiliating experience of being arrested
and taken in handcuffs to the police station. And, once he was at the
police station, Castillo says that Officer Rios twice told him that he
did not have to take the Breathalyzer. "I knew I would pass,"
says Castillo, "and I insisted on taking the test."
Castillo’s case has come to the attention of police officials including
Chief William McManus and Captain Larry Birney, the SAPD’s GLBT
liaison. In an email to QSanAntonio, Captain Birney said he had requested
copies all the reports in Castillo’s case. "Please give us
an opportunity to look into what happened and why and we will address
it," he wrote.


Officer Joe Rios was on patrol outside the Saint on
July 20 when he pulled Edward Castillo over and subsequently arrested
him for driving under the influence. Castillo’s Breathlyzer test
proved that his blood alcohol level was below the legal limit and he was
released. Rios joined SAPD in 2001, served 3 years in the Patrol division
at West Patrol and South Patrol Substations, and was assigned to the SAPD’s
Public Information office in 2004. When he’s not on patrol, Rios
handles press releases, interviews with the media, and serves as SAPD
spokesperson for major events.
SAPD responds to harassment complaint
QSanAntonio, July 25, 2006
Following is the text of an email sent by Captain Larry
Birney, the SAPD's GLBT liaison, to some City Council members, the owner
of the Saint and to Chief McManus. Captain Birney responds to allegations
that the SAPD harassed a gay man (Edward Castillo -- see previous story)
outside the Saint on Thursday, July 20.
I am fully aware of the incident involving Mr. Edward Castillo.
I have spoken with Mr. Castillo at length on the telephone and I believe
we have cleared the air on some of the issues he is concerned with. It
is important to note that Mr. Castillo clearly states that at the time
of the detainment no remarks of any type were made by any police officer
in relation to his sexual orientation or anything in relation to the gay
community. The only connection was the general proximity to some of the
gay clubs.
We have forwarded Mr. Castillo's original complaint to the Internal Affairs
Unit and Mr. Castillo has already been invited to visit with them over
the incident. The only question I can see in relation to the officers
conduct centers on his original probable cause to stop Mr. Castillo. Other
than that it appears from my conversation with Mr. Castillo and reading
the officer's report is that all applicable rules and regulations dealing
with DUI or DWI were complied with. Never-the-less a full investigation
will be conducted.
On a side note it appears there is some concern over recent enforcement
efforts in the area of the clubs on Main Avenue. It is important that
we understand that these efforts are occurring in identified high crime
areas across the city as part of the departments Crime Response Unit initiative.
This initiative places up to 30 officers in a small geographical area
at any one time.
As you are well aware we have seen increases in robbery of individuals
especially around night club locations and the San Pedro, Main Ave, McCullough
areas located north of IH35 and south of Hildebrand are target areas.
Hence we can expect to see increased activity off and on in this area
at least for the next couple of months.


Captain Larry Birney, the SAPD's GLBT liaison (third
from left in photo), with the co-chairs of the Stonewall Democrats at
their May 15 meeting.
SAPD liaison speaks at Stonewall
Democrats’ meeting
QSanAntonio, May 16, 2006
The Stonewall Democrats of San Antonio played host on May 15 to Captain
Larry Birney, the San Antonio Police Department’s liaison to the
GLBT community. Speaking to a packed house of Stonewall members and guests,
the Captain sought to create an aura of goodwill with an audience who
listened attentively, then asked more than a few hard questions.
Captain Birney is a 30-plus year veteran of the S.A.P.D. with a distinguished
record of service that includes time spent on the Swat Team. These days,
he reports directly to the Police Chief in a variety of capacities. The
Captain’s recent appointment by former Police Chief Albert Ortiz
as the point man for the GLBT community came about as the result of a
September 2005 report issued by Amnesty International that portrayed the
department as hostile and homophobic.
The report entitled, "Stonewalled: Police Abuse and Misconduct Against
Lesbian, Gay, Bisexual and Transgender People in the U.S." contains
numerous case studies that detail how San Antonio GLBT citizens were verbally
abused, physically roughed up, intimidated, and entrapped by police officers,
park rangers and Bexar County jailers. One of Chief Ortiz’ final
tasks before his retirement was to sign an Amnesty International pledge
in which he made promises to change the department. One of those changes
was the appointment of a community liaison.
The theme of Captain Birney’s address at the Stonewall meeting was
that things are indeed changing albeit slowly. He cited the introduction
of sensitivity training for police cadets, separate incarceration for
GLBT prisoners, and heightened awareness of GLBT issues within the department.
Despite this, his talk seemed long on generalities ("We’re
seeing an evolution.") and short on details when questioned by Stonewall
members.
The audience did learn that neither the Park Police, where some of the
most blatant abuse has occurred, nor the Bexar County Jail, are parts
of the Police Department despite the fact that Amnesty International lumped
them all together in its report. Captain Birney gave his assurances that
the department under new Police Chief William McManus is "working
diligently to get the message out" to all local policing agencies
that abuse of GLBT citizens should not be tolerated.
Perhaps the most important information that Captain Birney offered was
his cell phone number (210-260-3927). He encouraged everyone to keep it
handy and use it if they had questions or had a negative encounter with
the local police. It was up to the GLBT community to spread the word about
his presence in the department he said. The final impression was that,
for the time being, Captain Birney’s outreach to the community would
be more reactive than proactive. It’s a first step in a long-needed
dialog.


Amnesty International criticizes
SAPD for mistreatment of GLBT citizens
AmnestyUSA.org, September, 2005
Amnesty international, the international human rights group,
surveyed police departments across the country and focused in detail on
four cities.
The 149-page Stonewalled analyzes alleged police misconduct toward
and abuse of LGBT people in Los Angeles, New York, Chicago, and San
Antonio and makes recommendations to police departments about complying
with international human-rights law. Amnesty International chose these
cities based on their population size, activism, and history of police
misconduct
.
Amnesty International researchers conducted 170 interviews, plus confidential
on-line surveys, and follow-up phone conversations with members of the
LGBT community, activists, and police. Amnesty International also consulted
local hate-crime statutes and media reports.
The report can be read by clicking on:
Stonewalled-
Police Abuse and Misconduct Against Lebian, Gay, Bisexual and Transgender
People in the U.S.
Report Slams Way S.A. Police Treat
Gays
Excerpt from article by John Tedesco
San Antonio Express-News September 23, 2005
"The Bexar County Sheriff's Department was criticized for jailing
transgender women in holding cells with men.
And San Antonio police officers were accused of groping suspects during
searches, verbally and physically abusing them and mishandling domestic
violence cases involving gays and lesbians.
The report found that SAPD did not have any policies for searching transgender
people. The department also has an "unwritten policy" of threatening
victims of domestic violence with arrest if they repeatedly call for help,
the report said."
Up Against a Stonewall
Excerpt from article by Lisa Sorg
San Antonio Current, October 6, 2005
"On September 21, the day the report was released,
SAPD Chief Albert Ortiz signed an Amnesty International pledge in which
he made several guarantees:
--His department will send a clear message to all officers that abuse
and ill treatment of LGBT people will not be tolerated
-- All allegations and reports of police abuse and misconduct will be
investigated impartially and officers who are found responsible will be
held accountable
-- LGBT individuals will be safe while in detention
-- SAPD will review the findings and recommendations of the Amnesty International
report with the intent of making any necessary changes in police or procedures."
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