3-12-14- Handout- Raymond Johnson 1 A F .,t;. .sz
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Received 3/i a / -
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IBWRO;
Post Office Box 540774 122 C St. N.W. , Ste. 640 Post Office Box 11108
Orlando, FL 32854-0774 Washington, DC 20005 Lynchburg, VA 24506-1108
Telephone: 800.671 .1776 Telephone: 202.289.1776 Telephone: 434.592.7000
Facsimile: 407.875.0770 Facsimile: 202.216.9656 Facsimile: 434.592.7700
www. LC.org liberty @LC.org
Reply to: Orlando
February 10 , 2014
Via Electronic Mail
Mayor Carolyn Woods
City of Atlantic Beach
800 Seminole Road
Atlantic Beach , FL 32233
RE : Proposed Human Rights Ordinance protected classes of "sexual
orientation" and "gender identity or expression"
Dear Mayor Woods and Commissioners :
Liberty Counsel writes on behalf of concerned Atlantic Beach citizens regarding
the Commission Resolution in support of Florida HB 239, as well as the proposed
Human Rights Ordinance ("HRO" ) that would include as protected classes "sexual
orientation" and "gender identity or expression . " Both the Resolution supporting HB 239
as well as the HRO including these novel classes should be rejected for the reasons set
forth below.
By way of introduction , Liberty Counsel is a non-profit litigation , education , and
policy organization with an emphasis on religious liberties issues . We have offices in
Orlando , Florida ; Virginia ; Washington D . C. , California, and Jerusalem , Israel . We have
hundreds of affiliated attorneys around the world and across the nation .
I have reviewed both HB 239 , as well as the proposed HRO. For the sake of
brevity, I confine my analysis to the HRO which would add "sexual orientation" and
"gender identity or expression" as protected classes under the Atlantic Beach code .
Many of the concerns raised by the HRO are also raised by HB239.
The additions of "sexual orientation" and "gender identity or expression " as
protected classes are unnecessary, and will violate the religious free exercise rights of
Mayor Woods and Commission
City of Atlantic Beach
February 10 , 2014
Pg . 3
individuals to shower or change at a time when they will be able
to use the facility in private. Similarly, if a [cross-dresser] requests
to use locker or shower facilities in private , because of safety or
privacy concerns , the individual should be accommodated in that
request. Factors that suggest discriminatory conduct has
occurred will include not allowing individuals to use a locker
room or shower consistent with their gender identity or gender
expression . (Emphasis and clarity added ). 2
The FAQ of the Hutchinson ordinance (which was largely equivalent to the Atlantic
Beach proposed HRO) further explicitly stated that churches would not be exempt if
they allow the general public into their facilities, or rent facilities to the public:
For example, if a church has a parish hall that they rent out to the
general public, they could not discriminate against a gay couple who
want to rent the building for a party. If the church only rents the
building to their parishioners, they can continue to do so. (Emphasis
added ) .
As you know, sexual orientation and gender identity are not protected classes
under Florida state law or US federal law, while "religion" is a protected class .
Moreover, in Florida , marriage is limited by constitutional amendment to natural
marriage between one man and one woman . In addition , there is no data showing
"discrimination" on these proposed grounds is occurring in the City of Atlantic Beach ,
nor of the necessity of this proposal .
Equating skin color with homosexuality and "gender identity/expression ," and
adding these to legitimate protected classes like those contained in the 1964 Civil
Rights Act is not about fighting discrimination . It is an attack upon the religious and
privacy rights of all Americans, of all colors, but it is particularly insulting to African -
Americans and to women . The color of one's skin is a genetic unchangeable. Natural
sexual organs are genetic unchangeables , and are determined at the chromosomal
level . "Sexual Orientation" and "Gender Identity/Expression" are not. These remain
lifestyle choices; they are caused by a number of background , developmental , and
exposure factors; and the confusion that causes it can start at an early age , thus making
it seem to that individual that "it's the way they are" . Frequently, such confusion is
initiated by child molestation .4
2 http://www.hutchgov.com/egov/docs/1332537777_170654.pdf
3 http://www.hutchgov.com/egov/docs/1332537777_170654.pdf
4 Center for Disease Control (CDC) 2001 -2009 Survey on Sexual Identity statistics indicate that about 1 in every 5
"homosexual" teenagers had had "sexual contact" - been molested - before reaching his/her teen years. Likewise,
about 1 in every 7 bisexual teenagers had been molested before reaching his/her teen years. And among the
sexually unsure teenagers, about 1 in 8 had been molested before reaching his/her teen years. In stark contrast,
Mayor Woods and Commission
City of Atlantic Beach
February 10 , 2014
Pg . 5
Therefore, Liberty Counsel urges the Commission to reject this proposal . If the
Commission proceeds in enacting an HRO containing classes such as "sexual
orientation" and "gender identity or expression" and individuals are exposed to opposite-
sex cross-dressers in their restrooms, locker rooms, or shower facilities, or if churches
and business owners' religious liberty rights are violated , Liberty Counsel will vigorously
defend against these harms .
Sincerely, l
i
`\ Jv �( �_
.
- ,[. .. . v_.
Richard L . Mast, Jr. , Esq .t
RLM/jmI
Attachments
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EVERGREEN STATE COLLEGE POLICE SERVICES
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1015 Fifteenth St. N.W., Ste. 1100 Post Office Box 11108
Post Office Box 540774 Washington, DC 20005 Lynchburg, VA 24506-1108
Orlando, FL 32854-0774 Telephone: 202•289• 1776 Telephone: 434•592•7000
Telephone: 800•671 • 1776 Facsimile: 202•216•9656 Facsimile: 434•592•7700
Facsimile: 407.875.0770 liberty @LC .org
www. LC. org
Reply to: Virginia
November 2 , 2012
Via U. S. Mail and Facsimile (360) 754-3358
Joe Wheeler, Assistant Prosecutor
Thurston County Prosecutor's Office
2000 Lakeridge Dr S .W. , Building 2
Olympia, WA 98502
RE: Failure to prosecute indecent exposure of Clay Scott Francis aka
"Colleen Francis"
Dear Assistant Prosecutor Wheeler,
Liberty Counsel writes on behalf of concerned parents regarding your office's
failure to prosecute cross-dresser Clay Scott Francis, also known as "Colleen Francis ,"
for indecent exposure of his genitals to women and under-age girls in the Evergreen
State College women 's locker room .
By way of introduction , Liberty Counsel is a non-profit litigation , education , and
policy organization with an emphasis on religious liberties issues. We have offices in
Florida , Virginia , Washington D . C . , and Jerusalem , Israel . We have hundreds of
affiliated attorneys around the world and across the nation , including Washington.
I understand that Clay Scott Francis, AM "Colleen Francis" has frequented the
women's restroom and locker rooms at Evergreen State College . As you know, these
facilities are made available to the local high school swim team , as well as elementary-
age students who take swimming lessons . On September 28 , 2012, a police report was
filed in which Mr. Francis was observed "sitting with h[is] legs open with h[is] male
genitalia showing" in the presence of and while staring at minor girls . As reported online
Thurston County Prosecutor's Office
November 2 , 2012
Pg . 2
and in his Internet postings, Mr. Francis is a 45 year old man who retired from the US
Army after 20 years as a supply sergeant. Married three times, he has three adult
children and two daughters aged 7 and 5. His cross-sex hormones are provided by the
Veterans' Administration and he is reportedly on a cocktail of psychiatric meds, lithium
and antabuse prescribed for a troubling history that he details at length on a blog at the
"Transgender Lesbian Space" of the "puddygirl" dating site for women.2 He says he is
known as "Fae Raven" (not to be confused with the UK fetish model of the same name)
in the "BDSM Community" and is a self-described pervert, as he sets forth in his profile
on "okcupid . com":
There's no . one "type" of woman that . I am attracted to, really. I love women
and find all kinds of women attractive. I must admit that I have a special
affinity for "curvy" girls and those who some might call "natural" girls . I
have a thing for "hippie chicks ," I have to say! They REALLY get me
going ! If you're one of those awesome women who long ago gave up
getting rid of your beautiful body hair, I 'll probably fall down in adoration at
your feet.
Did I mention I just love and adore women? Their touch , feel , scent, taste.
. . . are all intoxicating to me ! : )
I am a very attentive sexual partner and love to please whomever I am.
with . It is extremely important to me. I consider myself a switch and can be
very, very submissive, but have a little dominant streak that comes out
sometimes as well. Most of all I think that sex should be fun !
I am a hedonist, and very sensual . . .
I am not looking for men . It's that simple .
I love women . The female body and spirit are perhaps the most beautiful
of the Goddess' creations and I am a devout worshipper. I love exploring
all parts of both the body and spirit. Finding those special places within
both that bring pleasure and meaning to life .
[Y]ou already know I'm kinky, that I identify as a woman , that I am a
recovering alcoholic, a retired Soldier, a Witch , and that I believe in my
capacity for infinite Love and relationships . If you want to know anything
http ://uendertrender.wordpress.corn/tag/colleen-francis/
2 http ://gendertrender.wordpress.corn/tag/colleen-trancis/
Thurston County Prosecutor's Office
November 2 , 2012
Pg . 4
exposes himself or herself to a person under the age of fourteen years." RCW
9A. 88. 010(2)(b).
Furthermore , a person is guilty of voyeurism (A class C felony) according to
RCW 9A.44. 115 if, "for the purpose of arousing or gratifying the sexual desire of any
person , he or she knowingly views . . . "
(a) Another person without that person 's knowledge and consent while the
person being viewed . . . is in a place where he or she would have a
reasonable expectation of privacy; or
(b) The intimate areas of another person without that person's knowledge
and consent and under circumstances where the person has a
reasonable expectation of privacy, whether in a public or private place.
Even if women and minor girls know of Mr. Francis' presence, he commits the
crime of voyeurism if they have not consented to his presence. He commits the crime if
even one woman or girl objects . Furthermore, minors cannot give consent to adult
males gratifying their sexual desire through lounging naked in the sauna while leering at
them , within the meaning of the above statute . Women and girls have a reasonable
expectation of privacy in the women's locker room, to be free from lewd exhibition and
observation by adult cross-dressing males with intact male genitalia (or any males, for
that matter) .
Finally, the requirements of non-discrimination based upon sexual orientation or
gender identity and expression in provision of public accommodations as set forth in
RCW 49 .60. 040 et seq. would not apply to this situation for a number of reasons ,
including Mr. Francis' own words about how he obtains sexual gratification . A rule of
statutory construction is that statues may not be read to achieve an absurd result.
Construing protections in public accommodation laws to prevent prosecution for
indecent exposure and voyeurism would be absurd result.
Your inaction and refusal to enforce the law have unnecessarily exposed the
public to the dangers presented by this sexual deviant. You have also increased the
likelihood of an incident requiring the use of force against Mr. Francis by a member of
the public or a parent in defense of the innocent women and girls who are entitled to
use the locker rooms without fear of confronting a cross-dressing male exposing himself
in public. Certainly, a father or male passerby would be privileged to enter the women 's
locker room if a woman or girl were in reasonable fear of sexual assault, or if Mr.
Francis were indecently exposing himself to them . As you also know, the "use, attempt,
or offer to use force upon or toward the person of another is not unlawful" . . . "whenever
necessarily used by a person arresting one who has committed a felony and delivering
him or her to a public officer competent to receive him or her into custody. " RCW
9A. 16 . 020(2) . The use of force is also permissible "Whenever used by any person to
prevent a mentally ill , mentally incompetent, or mentally disabled person from