The criminalization of sex work has caused more harm than good. D.C. needs a new approach.

For Immediate Release:
October 17, 2019
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

The criminalization of sex work has caused more harm than good.

D.C. needs a new approach.

Statement of Councilmember David Grosso

Washington, D.C. – The following is Councilmember David Grosso’s opening statement delivered at the Committee on Judiciary and Public Safety hearing on the Community Safety and Health Amendment Act of 2019, which would abandon the District of Columbia’s criminalization approach to sex work in favor of one that focuses on human rights, health, and safety:

“Thank you, Councilmember Allen, for convening this hearing today.

“This is a historic occasion as we consider how we as the government and the community should treat commercial sex and, most importantly, how we can better protect the human rights of the people involved.

“Earlier this year, along with Councilmembers Robert White, Brianne Nadeau, and Anita Bonds, I introduced the bill before us today, the Community Safety and Health Amendment Act of 2019.

“Over the past 3 years I developed this legislation in close partnership with the Sex Worker Advocates Coalition, and the bill is in line with recommendations from Amnesty International, the World Health Organization, U.N. AIDS, Human Rights Watch, and numerous other human rights, public health, and anti-trafficking organizations.

“Since coming into office, I have met with and listened to sex workers and other people who trade sexual services for money as well as survivors of human trafficking.

“I met with them because all of my work at the Council is grounded in a human rights and racial equity framework.

“That means looking out for the human rights of the most marginalized communities, including people in the sex trade, and reconsidering policies that perpetuate racism.

“In listening to those most directly affected, I heard how criminalization and stigma cause tremendous harm to people in the sex trade.

“The challenges facing these members of our community are many: I have heard far too many stories of violence, including stabbings, beatings, shootings, rapes, and murder, all because the perpetrators think they can act with impunity against those in the sex trade.

“Worse, we hear of police refusing to help, blaming people in the sex trade for the violence they have suffered. Doctors and other professionals sworn to help instead of mistreating and shaming people. Evictions by landlords and discrimination by shelters and other social service providers.

“Police seize condoms and other safer sex materials, or prosecutors use them as evidence of crime.

“Threats of arrest, of no one believing you because you are just a whore, of being reported to ICE, and more, being used by traffickers and other bad actors to exploit people in the sex trade.

“What I heard and what research has shown is that criminalization of sex for money between consenting adults does not stop these harms from happening.

“Rather, criminalization directly encourages these harms by further marginalizing people, saddling them with criminal records, making them fear the government, and labeling them as criminal and deviant and therefore acceptable targets for violence.

“People in the sex trade and those who work with them are not the only ones who know that the criminalization approach has failed.

“Ask any neighbor in an area where commercial sex happens, and they will tell you that the activity persists, despite police patrols, raids, stings, or marching sex workers across the bridge to Virginia as was done in the ‘80s.

“I often refer to an article from April 28, 2017, in the Washington Post describing the arrests of eight people on prostitution charges at Massachusetts and Twelfth NW.

“The article notes that a similar incident happened in 2014 at the same corner—police arrested 19 people that time. And in 1995, a sergeant was quoted in yet another article in the Post arguing that the latest arrests at the corner had tackled the problem.

“Arresting adults for engaging in consenting sexual acts for money does not stop it from happening and it does not address the other problems that we are concerned about, whether serious ones like violence and exploitation or more trivial but still important ones like condoms on sidewalks.

“It is overdue for D.C. to change how we address commercial sex in our city and seek a new approach that focuses on human rights, health, and safety.

“What is the best approach to achieve those goals? People who trade sex for money tell me that we need to decriminalize consensual sex for money between consenting adults.

“By removing criminal penalties for those in the sex trade, we can bring people out of the shadows, help them live safer and healthier lives, and more easily tackle the complaints we hear from communities about trash or noise.

“Perhaps most importantly, this is about giving people more options, not fewer.

“In New Zealand where this approach has been in place for over a decade, sex workers report feeling safer and better able to assert their rights.

“A report last winter from the London School of Hygiene and Tropical Medicine found that sex workers in criminalized contexts were three times more likely to face physical and sexual violence than those in jurisdictions with less policing.

“The internationally respected medical journal the Lancet estimates that 33 to 45 percent of HIV cases could be prevented by the removal of criminal penalties from commercial sex.

“Contrary to what you may have heard, this bill does not change any of our laws regarding coercion or exploitation, which will continue to be prohibited.

“Nor does it change how criminal penalties are used to combat the trafficking of minors.

“This has been the topic of much debate about the bill. Let me be clear, the bill maintains legal prohibitions on operating a house of prostitution, i.e. a brothel.

“And allow me to clarify another point of content—this bill does not legalize ‘pimping’.

“The use of coercion, force, or fraud by another person to compel someone to engage in commercial sex remains strictly illegal under this proposed legislation.

“To the contrary, by bringing people in the sex trade out of the shadows, we can fully engage them as partners in the fight against human trafficking, as recognized by international anti-trafficking organizations such as La Strada and Global Alliance Against Trafficking in Women.

“Removing criminalization means we can work with people in the sex trade to prevent violence and tackle HIV, as groups from the United Nations to law enforcement to public health experts have all noted.

“Finally, because I believe this bill is a first step to improving community health and safety and because it is important to constantly assess the impact of our work on the Council, the bill creates a task force to study the effects of these changes.

“Particularly important to that effort will be recommendations for budget increases. We know that one of the best ways to fight human trafficking and to give people in the sex trade more options is by funding people’s basic needs.

“Lastly, I would be remiss if I did not note the incredible racial disparities in who is criminalized under our current system. Overwhelmingly, people who are African American are arrested and convicted of the offenses that this bill would decriminalize.

“Data from MPD shows that from 2014 to 2017, almost 74% of arrests for commercial sex were of African American people, with about 14% being Latina or Latino.

“Data from the D.C. Sentencing Commission shows that over the last two years, 89% of individuals convicted for prostitution-related offenses were African American. Since 2010, that percentage has been roughly the same, at 87%.

“We also know that the LGBT community, particularly transgender women, is disproportionately affected by the criminalization of commercial sex.

“This legislation is about reducing harm. I know that everyone here today shares that goal. We may have different opinions about the best approach, but let us assume the best intentions of each other.

“Keeping people safe, healthy, and with their human rights respected cuts across whether someone identifies as a sex worker, sex trafficking survivor, or is just doing what they need to do in order to pay the bills.

“We need to dramatically improve life for people in all these circumstances. The bill before us today may not be perfect, but its core tenets represent our best chance for significantly changing things for the better for the communities we all care about.

“Thank you, again, Councilmember Allen for holding this hearing.

“I know that it wasn’t easy, but you took up the challenge of furthering the discussion on this topic, and I’m grateful to you for that. Our city is better for it.

“Finally, thank you to everyone here today to testify. I look forward to the discussion.”

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Sense of the Council Urging the Federal Government to End its Embargo Against Cuba Resolution of 2019

Sense of the Council Urging the Federal Government to End its Embargo Against Cuba Resolution of 2019

Introduced: June 4, 2019

Co-introducers: Councilmembers Robert White, Brianne Nadeau, and Mary Cheh

BILL TEXT

Summary: This resolution reaffirms the District's status as a guardian of human rights for all people and calls on the President and Congress to act quickly to end all aspects of the U.S. economic, commercial, and financial embargo against Cuba, as well as, end all restrictions on travel to Cuba by U.S.

Councilmember Grosso's Introduction Statement:

Today along with my colleagues, Councilmembers Brianne Nadeau, Mary Cheh, and Robert White, I am introducing the Sense of the Council Urging the Federal Government to End its Embargo Against Cuba Resolution of 2019.

Since 1959, when Fidel Castro seized power in Havana, overthrowing the U.S.-backed government of Fulgencio Batista, the relationship between the United States and Cuba has been plagued by distrust and hostility.

In the decades to follow, economic and diplomatic isolation have come to characterize the U.S. government's policy toward Cuba, with the United States at times engaging in hostile, aggressive and sometimes violent actions against the island nation.

Under the Obama administration, enormous strides were made to reestablish diplomatic relations between the two countries. President Obama eased restrictions on travel and trade, repealed the "wet foot, dry foot" policy, and eventually announced that he and Raul Castro would work to restore full diplomatic ties.

Unfortunately, the Trump administration has altered several Obama-era regulations including eliminating the "people-to-people educational travel" category for U.S. citizens to qualify for a license from the Treasury Department to travel to Cuba.

Additionally, the Trump administration has pulled 2/3rds of its embassy staff from Havana and imposed prohibitions on commerce.

The more the Trump administration seeks to asphyxiate Cuba, the harder the Cuban government will impose political discipline on its people. In the end, the Trump administration's approach will only serve to create scarcity, desperation, and chaos for the Cuban people.

This resolution reaffirms the District's status as a guardian of human rights for all people and calls on the President and Congress to act quickly to end all aspects of the U.S. economic, commercial, and financial embargo against Cuba, as well as, end all restrictions on travel to Cuba by U.S. Citizens.

Community Safety and Health Amendment Act of 2019

Community Safety and Health Amendment Act of 2019

Introduced: June 4, 2019

Co-introducers: Councilmembers Robert White, Anita Bonds, Brianne Nadeau

FACT SHEETS | BILL TEXT | PRESS RELEASE | MYTH vs. FACT

Summary: To amend an Act for the suppression of prostitution in the District of Columbia; to amend an Act in relation to pandering, to define and prohibit the same and to provide for the punishment thereof to remove certain criminal penalties for engaging in sex work in order to promote public health and safety; to repeal Section 1 of an Act to enjoin and abate houses of lewdness, assignation, and prostitution, to declare the same to be nuisances, to enjoin the person or persons who conduct or maintain the same and the owner or agent of any building used for such purpose, and to assess a tax against the person maintaining said nuisance and against the building and owner thereof; to repeal An Act to confer concurrent jurisdiction on the police court of the District of Columbia in certain cases; and to create a task force to assess the impact of this legislation and recommend further reforms to improve community safety and health.

Medical Marijuana Program Patient Employment Protection Amendment Act of 2019

Medical Marijuana Program Patient Employment Protection Amendment Act of 2019

Introduced: May 28, 2019

Co-introducers: Councilmembers Anita Bonds, Robert White, Brianne Nadeau, Mary Cheh, and Vincent Gray

BILL TEXT | PRESS RELEASE

Summary: To amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 and the Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1996 to prohibit the District of Columbia government from discriminating, in employment, against an individual for participation in the medical marijuana program.

Councilmember Grosso's Introduction Statement:

Today I am introducing the Medical Marijuana Program Patient Employee Protection Amendment Act of 2019, and I thank Councilmembers Vincent Gray, Robert White, Anita Bonds, Brianne Nadeau and Mary Cheh for joining me as co-introducers.

The voters of the District of Columbia approved establishment of a medical marijuana program in 1999, but due to Congressional interference, the program was not set up and running until a little less than ten years ago.

Since that time, the Council and the executive have worked to improve the program to make medical marijuana available to D.C. residents who need it.

Unfortunately, unlike a number of other jurisdictions, we never updated our laws regarding drug testing to account for the fact that D.C. government employees could be patients registered with the program.

On the positive side, the Department of Human Resources on its own implemented a policy for employees who are registered with the medical marijuana program and who test positive for marijuana in the course of the routine testing that happens for some positions.

I found this out after I began to hear complaints from constituents last year about the fact that some agencies were NOT following the DCHR policy.

While those agencies, including the Department of Corrections, have the right to set their own policies on the topic, the decision to penalize employees for seeking medicine is definitely not the right one to make.

I have tried to work with the Department of Corrections to get this fixed, including sending a letter along with several of my colleagues asking them to follow the DCHR policy.

DOC did not respond for over a month, and then claimed that they were following the policy, which is not true. While they are allowed to do routine testing for safety sensitive positions, they must also allow patients to present their medical marijuana card as explanation for positive results.

Simply put, unless there is a federal law or rule that requires it, D.C. government should not be refusing to hire, firing, or penalizing individuals for using medical marijuana, as long as they are not consuming on the job or showing up intoxicated.

Frankly it is embarrassing that it has taken us this long to take up this measure.

I hope that between this bill and the proposal from Councilmember Trayon White a few weeks ago regarding pre-employment drug testing, the Committee on Labor and Workforce Development can lead a comprehensive discussion in the city about drug testing in both the public and private sectors and come up with a common sense set of reforms to pass.

Grosso champions greater access to D.C.’s medical marijuana program

For Immediate Release:
January 22, 2019
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Grosso champions greater access to D.C.’s medical marijuana program

Washington, D.C. – Councilmember David Grosso (I-At Large) today introduced legislation that would further improve access to the District of Columbia’s medical marijuana program for residents as another method of reducing opioid-related deaths.

“We are all concerned with the ongoing tragedy of D.C. residents dying from opioid overdoses and this legislation provides another tool to address that crisis: greater access to the District’s medical marijuana program,” said Grosso.

Since 2014, over 800 people have died as result of opioid-related overdoses, according to the D.C. Chief Medical Examiner. Two hundred and seventy-nine of those deaths were reported in 2017 alone, more than triple those reported in 2014.

Under the Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019 patients would be granted provisional registration and same-day access to medical marijuana like any other medicine.

Additionally, dispensaries would be allowed to establish safe use facilities so that patients can consume medical marijuana outside of their home, which would address the challenge that many patients face of having nowhere to consume.

Finally, the legislation also removes the plant count limit on cultivation centers to address ongoing supply issues and seeks to rectify negative impacts of the racist War on Drugs by allowing more residents affected by the misguided criminalization of marijuana to be employed in these businesses.

“Medical marijuana has been shown to be a viable alternative to the prescription of opioid painkillers, which can set people down the path to addiction,” Grosso said. “While we have made significant improvements to our medical marijuana program here in D.C., we can do more to improve access for patients and reduce opioid reliance and overdose.”

A study in JAMA Internal Medicine found that medical marijuana programs reduce opioid overdose death rates by as much as 25 percent. Americans for Safe Access also reported lower prescription rates of painkillers in states with medical marijuana programs.

Grosso also views the legislation as an appropriate response the negative effects of congressional interference with D.C.’s local efforts to regulate marijuana.

“D.C. residents are being diverted from the medical marijuana program to the unregulated, easy to access, underground market,” Grosso said. “That is posing real problems for the small business owners in the medical marijuana community, and our whole medical marijuana system could be in jeopardy if we don’t take action.”

Councilmembers Vincent Gray and Brianne Nadeau joined Grosso as co-introducers of the legislation.

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Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019

Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019

Introduced: January 22, 2019

Co-introducers: Councilmembers Vincent Gray and Brianne K. Nadeau

BILL TEXT | PRESS RELEASE

Summary: To amend the Legalization of Marijuana for Medical Treatment Initiative of 1998 to authorize the dispensation of medical marijuana to and use by qualifying patients over the age of 21 at safe-use facilities, to allow qualifying patients, upon application to the Mayor for a medical marijuana registration identification card, to immediately purchase medical marijuana on a provisional basis, subject to the approval or rejection of a registration application, to eliminate the limit on the number of marijuana plants that cultivation centers are permitted to grow, and to allow for the delivery of medical marijuana to qualified patients.

Councilmember Grosso's Introduction Statement:

Today I am introducing the Medical Marijuana Patient Health and Accessibility Improvement Amendment Act of 2019.

We are all concerned with the ongoing tragedy of D.C. residents dying from opioid overdoses—this bill is another part of the effort to stop that crisis.

Research shows that states with robust medical marijuana programs have lower rates of opioid overdose deaths.

While we have made significant improvements to our medical marijuana program over the past few years, there is more we can do to expand access for patients, and bring more people into the regulated market.

This bill would allow for same day access to medical marijuana just like any other medicine by allowing for a provisional registration when a patient submits their paperwork to the Department of Health.

The bill would allow dispensaries to establish safe use facilities so that patients can consume medical marijuana outside of their home, which would address the challenge that many patients face of having nowhere to consume.

There are a number of other improvements to the program as well, such as removing the plant count limit, and allowing more residents affected by the war on drugs to be employed in these businesses.

Improving access makes sense when we are in the midst of an opioid overdose crisis, but it also is an appropriate response to the challenges we face as a result of congressional interference with our local efforts to regulate marijuana.

Due to Representative Harris’ rider on our budget, residents are being diverted from the medical marijuana program to the unregulated, easy to access, underground market.

That is posing real problems for the small business owners in the medical marijuana community, and our whole medical marijuana system could be in jeopardy if we don’t take action.

Grosso re-introduces bill to modernize sealing of criminal records

For Immediate Release:
January 8, 2019
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Grosso re-introduces bill to modernize sealing of criminal records

Washington, D.C. – Today, Councilmember David Grosso re-introduced legislation that would overhaul the way that the District of Columbia handles records of arrests, charges, and convictions in D.C. to support reintegrating people with such records into the community.

“We have begun to move away from using criminal penalties as the solution to social issues, we are seeking to undo the discriminatory policies of the War on Drugs, and we are seeking to support people who go to jail or prison to be successful upon their return to the community,” Grosso said. “One significant barrier to successful reentry is a criminal record.”

The Record Sealing and Modernization Amendment Act of 2019 establishes a process for expungement of records, qualifies certain records for expungement, and allows for automatic expungement or sealing of records in certain cases. Additionally, it expands the number offenses eligible for sealing to include all misdemeanors and most felonies and allows for sealing of multiple convictions (FACT SHEET).

A report from the Center for Court Excellence released in 2016 noted that the burden of criminal records falls almost exclusively on black residents—96% of people sentenced to prison in D.C. are black.

That same report called on the Council to reform the criminal records sealing process.

“It is time for us to recognize that making criminal records available does little to improve public safety and directly harms the individuals concerned, in fact hampering their ability to leave behind involvement in criminal activity,” said Grosso. “The negative impacts of criminal records harm tens of thousands of residents of our city, as do the decades of discriminatory criminal justice policies and practices, disproportionately affecting African Americans. We have an obligation to confront it and seek bold remedies.”

Research published by the Urban Institute last year found criminal record was a direct barrier to gaining employment, even as having a job is the most important factor in helping returning citizens to avoid recidivism.

Nationally, there is a bipartisan policy trend that acknowledges the unfair premise of visible criminal records and the relationship between criminal records and recidivism. In the past several years, 21 states have passed laws that expand opportunities for sealing or expunging records.

“This bill would put us at the forefront of restoring people after an arrest and trial or the conclusion of a criminal sentence,” Grosso said.

Originally introduced in 2017, Grosso’s bill received a hearing along with similar proposals introduced by the mayor and other councilmembers.

"I was extremely encouraged by the broad agreement heard at the 2017 hearing that improvements can be made to the way D.C. handles the sealing of criminal records,” Grosso said. “It demonstrated the strong will within both branches to move forward with reforms that will remove barriers to successful reentry for our residents with criminal records.”

Ward 6 Councilmember Charles Allen, chairperson of the Committee on the Judiciary and Public Safety, Ward 5 Councilmember Kenyan McDuffie, At-Large Councilmember Anita Bonds, and Ward 8 Councilmember Trayon White joined Grosso as co-introducers.

“It is my hope that the Record Sealing Modernization Amendment Act of 2019 can help fulfill the promise to returning citizens—or even people who are arrested and nothing ever comes of it—that we support them and will not judge them forever for past mistakes,” Grosso said.

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Record Sealing Modernization Amendment Act of 2019

Record Sealing Modernization Amendment Act of 2019

Introduced: January 8, 2019

Co-introducers: Councilmembers Anita Bonds, Robert White, Kenyan McDuffie, Charles Allen, and Trayon White

FACT SHEET | BILL TEXT | PRESS RELEASE

Summary: To amend Chapter 8 of Title 16 to establish a process for expungement of records and qualify certain records for expungement, allow for automatic expungement or sealing of records in certain cases, expand the number offenses eligible for sealing to include all misdemeanors and most felonies and establish procedures for such, and allow for sealing of multiple convictions.

Councilmember Grosso's Introduction Statement:

Additionally today, along with Councilmembers Charles Allen, Kenyan McDuffie, Anita Bonds, and Trayon White, I am introducing the Record Sealing Modernization Amendment Act of 2019.

This legislation would overhaul the way that we handle records of arrests, charges and convictions in the District of Columbia to support reintegration of people with such records into the community.

At this point there is broad consensus that our criminal justice system has been dysfunctional for too long, resulting in too many arrests and convictions, with racist consequences.

We have begun to move away from using criminal penalties as the solution to social issues, we are seeking to undo the discriminatory policies of the war on drugs, and we are seeking to support people who go to jail or prison to be successful upon their return to the community.

One significant barrier to successful reentry is public access to criminal records.

It is time for us to recognize that making criminal records available does little to improve public safety and directly harms the individuals concerned, in fact hampering their ability to leave behind involvement in criminal activity.

A report from the Center for Court Excellence in 2016 year noted that the burden of criminal records falls almost exclusively on our black neighbors—96% of people sentenced to prison in D.C. are black.

That same report called on the Council to reform the criminal records sealing process.

Research published by the Urban Institute more recently showed how a criminal record is a direct barrier to gaining employment, even as having a job is the most important factor in helping returning citizens to avoid recidivism.

Nationally, there is a bipartisan policy trend that acknowledges the unfair premise of visible criminal records and the relationship between criminal records and recidivism.

In the past several years, 21 states have passed laws that expand opportunities for sealing or expunging records.

In preparing this legislation, I heard from constituents who didn’t understand why it can be so easy to seal records for some minor incidents next door in Maryland but so hard here in the District of Columbia.

This bill would put us at the forefront of restoring people after an arrest and trial or the conclusion of a criminal sentence.

I was pleased to write and pass legislation a few years ago to allow individuals to seal their arrest or conviction records for marijuana violations, but as I learned how hard it is for people to actually seal their records under our current system, I felt that the promise of that bill was not fulfilled.

It is my hope that the Record Sealing Modernization Amendment Act of 2019 can help fulfill the promise to returning citizens—or even people who are arrested and nothing ever comes of it—that we support them and will not judge them forever for past mistakes.

I welcome my colleagues to join as cosponsors of this legislation.

Statement of Councilmember David Grosso on Police Incident Outside Nook’s Barbershop

For Immediate Release: 
June 26, 2018
 
Contact:
Matthew Nocella, (202) 724-8105

Statement of Councilmember David Grosso on Police Incident Outside Nook’s Barbershop

Washington, D.C. –The following is a statement from Councilmember David Grosso (I-At Large) on the incident that occurred at Nook’s Barbershop in Deanwood on June 13, 2018:

“The police-initiated incident at Nook’s Barbershop is emblematic of an approach to policing that has led to a lack of trust between our police and the neighborhoods they serve. More police and aggressive, questionable tactics have all been tried before and yet violence persists. There is a better way.

“As I have said before, I remain committed to a different approach to public safety, one that would see a transformation of the Metropolitan Police Department into an agency whose highest priorities include promoting non-violence and collaborating meaningfully with our communities and neighborhoods. It would be about recognizing that people in the community should be leaders in creating a safer environment, with support of the police, not the other way around.

“The community deserves answers. I look forward to the completion of an investigation with the findings being made public as soon as possible.”
 

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DOC responds to Grosso letter on treatment of transgender inmates, educational services for detained students

On February 6, 2018, Councilmember Grosso sent a letter to Department of Corrections Director Quincy Booth, in light of the cancellation of the additional oversight hearing that the Committee on the Judiciary had called and the fact that Councilmember Grosso would be unable to attend the DOC Performance Oversight Hearing. The questions focused on three topics:

• DOC policies/practices for housing transgender inmates;
• volunteering at DOC;
•  and education-related matters.

On March 13, Director Booth sent a response letter that highlighted some areas of concern but also some progress.

In 2017, there were 48 inmates identified as transgender. The housing process seems to be going as contemplated when it was changed around 2008, with two exceptions: transgender inmates are “provided standard jail attire and privileges consistent with the gender of their housing assignment” which is an issue because most transgender women are housed in the men’s unit (based on their own request)—they should get gender-appropriate clothing; and transgender inmates who were on hormone therapy prior to incarceration may be continued—they should be continued barring a medical reason not to, and even if they were not getting it in the community, they should get it in the jail if it's medically appropriate. 

Director Booth also reported out on a Memorandum of Agreement between Department of Correction, D.C. Public Schools, and the Office of the State Superintendent of Education, that articulated these agencies respective obligations regarding educational services to students committed to DOC as pretrial detainees and sentenced inmates.  It is based in part on the recommendations by OSSE in its 2016 Letter of Determination regarding state complaints about special education services at DOC.

Both Councilmember Grosso's original letter and DOC's response can be found below.

02062018 CM Grosso Letter to DOC Director Booth by Team_Grosso on Scribd

March 2018 DOC Responses for CM David Grosso by Team_Grosso on Scribd

Reducing Criminalization to Improve Community Health & Safety Amendment Act of 2017

Reducing Criminalization to Improve Community Health & Safety Amendment Act of 2017

Introduced: October 5, 2017

Co-introducers: Councilmember Robert White

FACT SHEET & SECTION BY SECTION | BILL TEXT | RESOURCES & STATISTICS | COALITION CONTACTS | PRESS RELEASE

Summary: To repeal an Act for the suppression of prostitution in the District of Columbia; to amend an Act in relation to pandering, to define and prohibit the same and to provide for the Punishment thereof to remove certain criminal penalties for engaging in sex work in order to promote public health and safety; to repeal Section 1 of an Act to enjoin and abate houses of lewdness, assignation, and prostitution, to declare the same to be nuisances, to enjoin the person or persons who conduct or maintain the same and the owner or agent of any building used for such purpose, and to assess a tax against the person maintaining said nuisance and against the building and owner thereof; to repeal An Act to confer concurrent jurisdiction on the police court of the District of Columbia in certain cases; and to create a task force to assess the impact of this legislation and recommend further reforms to improve community safety and health by removing criminal penalties for engaging in commercial sex.

Councilmember Grosso's Introduction Statement:

Good morning. I am At-Large D.C. Councilmember David Grosso, and I am pleased to be here with community members and the Sex Worker Advocates Coalition.

As you may know, all my work on the Council is based in the human rights framework.

That commitment includes speaking out for the human rights of the most marginalized communities, including sex workers.

I believe that we as a society are coming to realize that excessive criminalization is causing more harm than good, from school discipline to drug laws to homelessness.

It is time for D.C. to reconsider the framework in which we handle commercial sex—and move from one of criminalization to a focus on human rights, health, and safety.

That is why today I am announcing the introduction of the Reducing Criminalization to Improve Health and Safety Amendment Act of 2017.

I developed this legislation in close partnership with the Sex Worker Advocates Coalition, and the bill is in line with recommendations from Amnesty International, the World Health Organization, U.N. AIDS, Human Rights Watch, and numerous other expert organizations.

The bill is quite simple really—it repeals a number of laws, or parts of laws, that criminalize adults for exchanging sex for money or other things of value.

By removing criminal penalties for those in the sex trade, we can bring people out of the shadows, help them live safer and healthier lives, and more easily tackle the complaints we hear from communities about trash or noise.

Some of the laws that this bill would repeal are over a hundred years old, showing how the criminalization approach has been a total failure.

There is plenty of other evidence that this approach puts people at risk for violence, inhibits the fight against HIV, and results in the exact opposite of what the laws purported intentions, but I will leave that to my fellow speakers to describe in greater detail.

The bill does not change any of our laws regarding coercion or exploitation, which will continue to be prohibited. Nor does it change how minors involved in sex trade are considered.

Sex workers themselves are often some of the best-positioned people to identify and help people in situations of exploitation, and by removing the criminal sanctions on them, we can improve our efforts on that front.

I want to thank everyone who has helped me work on this legislation and I also want to appreciate all the sex worker activists who have spoken out for their human rights, from Sharmus Outlaw here in D.C., to Gabriela Leite in Brazil, to countless others around the world.

FACT SHEET Reducing Criminalization to Improve Community Health and Safety Amendment Act by Team_Grosso on Scribd

Record Sealing Modernization Amendment Act of 2017

Record Sealing Modernization Amendment Act of 2017

Introduced: September 19, 2017

Co-introducers: Councilmembers Anita Bonds, Kenyan McDuffie, and Trayon White

FACT SHEET | BILL TEXT

Summary: To amend Chapter 8 of Title 16 to establish a process for expungement of records and qualify certain records for expungement, allow for automatic expungement or sealing of records in certain cases, expand the number offenses eligible for sealing to include all misdemeanors and most felonies and establish procedures for such, and allow for sealing of multiple convictions.

Councilmember Grosso's Introduction Statement:

I am introducing the Record Sealing Modernization Amendment Act of 2017.

This legislation would overhaul the way that we handle records of arrests, charges and convictions in the District of Columbia to support reintegration of people with such records into the community.

At this point there is broad consensus that our criminal justice system has been dysfunctional for too long, resulting in too many arrests and convictions, with racist consequences.

We have begun to move away from using criminal penalties as the solution to social issues, we are seeking to undo the discriminatory policies of the war on drugs, and we are seeking to support people who go to jail or prison to be successful upon their return to the community.

One significant barrier to successful reentry is public access to criminal records.

It is time for us to recognize that making criminal records available does little to improve public safety and directly harms the individuals concerned, in fact hampering their ability to leave behind involvement in criminal activity.

A report from the Center for Court Excellence released last year noted that the burden of criminal records falls almost exclusively on our black neighbors—96% of people sentenced to prison in D.C. are black.

That same report called on the Council to reform the criminal records sealing process.

Research published by the Urban Institute this year showed how a criminal record was a direct barrier to gaining employment, even as having a job is the most important factor in helping returning citizens to avoid recidivism.

Nationally, there is a bipartisan policy trend that acknowledges the unfair premise of visible criminal records and the relationship between criminal records and recidivism.

In the past four years, 21 states have passed laws that expand opportunities for sealing or expunging records.

In preparing this legislation, I heard from constituents who didn’t understand why it can be so easy to seal records for some minor incidents next door in Maryland but so hard here in the District.

This bill would put us at the forefront of restoring people after an arrest or the conclusion of a criminal sentence.

It would create a process of expungement, completely removing some records from the system, such as for arrests that don’t result in a charge.

It would allow an individual to seal more than one record, and would greatly expand the records eligible for sealing.

The bill would make sealing automatic for a number of misdemeanor convictions, which would reduce the burden on the Superior Court as well as on the individual seeking relief.

I was pleased to write and pass legislation a few years ago to allow individuals to seal their arrest or conviction records for marijuana violations, but as I learned how hard it is for people to actually seal their records under our current system, I felt that the promise of that bill was not fulfilled.

It is my hope that the Record Sealing Modernization Amendment Act of 2017 can help fulfill the promise to returning citizens—or even people who are arrested and nothing ever comes of it—that we support them and will not judge them forever for mistakes of their past.

Record Sealing Modernization Amendment Act of 2017 by Team_Grosso on Scribd

Medical Marijuana Improvement Amendment Act of 2017

Medical Marijuana Improvement Amendment Act of 2017

Introduced: September 19, 2017

Co-introducers: Councilmembers Vincent Gray, Robert White, Brianne K. Nadeau

FACT SHEET | BILL TEXT

Summary: To amend the Legalization of Marijuana for Medical Treatment Initiative of 1998 to increase access to the program by qualified patients by establishing same-day registration and allowing patients to qualify without a doctor’s referral and delivery to patients, establish safe-use treatment facilities to allow consumption outside of the home, allow dispensaries and cultivation centers to relocate and expand operations to meet patient demand, and amend requirements for licensees.

Councilmember Grosso's Introduction Statement:

I am introducing the Medical Marijuana Improvement Amendment Act of 2017, and I thank Councilmembers Gray, Nadeau, and Robert White for joining me as co-introducers.

This legislation, along with the previous bill, will further bolster our responses to the opioid crisis.

Research shows that states with robust medical marijuana programs have lower rates of opioid overdose deaths.

While we have made significant improvements to our medical marijuana program over the past few years, there is more we can do to expand access for patients, and bring more people into the regulated market.

This bill would allow for same day access to medical marijuana just like any other medicine by allowing for a provisional registration when a patient submits their paperwork to the Department of Health.

It would also allow patients who may not have a primary care provider, or whose doctor does not want to recommend medical marijuana, to self-certify that they are seeking medical cannabis.

The bill would allow dispensaries to establish safe use facilities so that patients can consume medical marijuana outside of their home, which would address the challenge that many patients face of having nowhere to consume.

There are a number of other improvements to the program included as well, such as requiring that employees or owners of medical marijuana businesses be D.C. residents, removing the plant count limit, and allowing more residents affected by the war on drugs to be employed in these businesses.

Improving access makes sense when we are in the midst of an opioid overdose crisis, but it also is an appropriate response to the challenges we face as a result of congressional interference with our local efforts to regulate marijuana.

Due to Representative Harris’ rider on our budget, residents are being diverted from the medical marijuana program to the unregulated, easy to access, underground market.

That is posing real problems for the small business owners in the medical marijuana community, and our whole medical marijuana system could be in jeopardy if we don’t take action.
 

Medical Marijuana Improvement Amendment Act of 2017 by Team_Grosso on Scribd

Safe Access for Public Health Amendment Act of 2017

Safe Access for Public Health Amendment Act of 2017

Introduced: September 19, 2017

Co-introducers: Councilmember Vincent Gray

FACT SHEET | BILL TEXT

Summary: To amend Title 25 of the D.C. Official Code to remove possession of certain drug paraphernalia for personal use as a grounds for denial of a license; to amend Title 47 of the D.C. Official Code to remove possession of certain drug paraphernalia for personal use as a grounds for denial of a license; to amend the District of Columbia Uniform Controlled Substances Act of 1981 to remove penalties for possession of certain drug paraphernalia for personal use; to amend the Drug Paraphernalia Act of 1982 to allow possession of certain drug paraphernalia for personal use; and to amend the District of Columbia Appropriations Act of 2001 to remove the prohibition on the operation of needle exchange programs in certain areas of the District.

Councilmember Grosso's Introduction Statement:

I wrote this legislation, along with a bill I will introduce next to improve our medical marijuana program, as a response to the opioid crisis that we face in D.C., much like the rest of the country. 

Last year, we recorded 216 opioid-related deaths, nearly triple the number in 2014.

Meanwhile, we continue to face an HIV epidemic, even as our evidence-based needle exchange programs have dramatically reduced new infections since we were freed from Congress’ prohibition of these life-saving activities. 

This bill takes the next step in those efforts by allowing people to possess drug paraphernalia for personal use.

This is most important for improving access to clean syringes to prevent the spread of HIV and Hepatitis C, but there is also new technology that can save lives in other ways.

Drug testing kits allow people who are using heroin to test the strength of their drugs to avoid overdose, including detecting the presence of fentanyl or carfentanil, the opioids largely responsible for the increase in overdoses.

But these kits would be prohibited as drug paraphernalia under current law.

The Safe Access for Public Health Amendment Act also repeals a congressionally imposed law from years ago that severely restricts the geographical area in which our needle exchange programs can operate.

That law, like so much that Congress forces on us, was not based on any scientific evidence. To the contrary, research shows that the law limits the efficacy of our harm reduction efforts.

We need to consider every evidence-based approach that might help us roll back the tide of overdoses, while also continuing our important progress stopping the spread of HIV and Hepatitis C. 

To that end, today I also sent a letter to Department of Health Director Dr. Nesbitt asking her to examine how D.C. could establish supervised injection sites, where injection drug users could be monitored to prevent overdoses and be connected to treatment.

I hope that Dr. Nesbitt and her team will find a way forward, and that she will also make the overdose prevention medication Narcan more available to our constituents, including by issuing a standing order to allow people to get Narcan over the counter at any pharmacy in the District. 

September is Pain Awareness Month and Overdose Awareness Day just passed on August 31, reminding us of the urgency we must have in our response to these issues. 

Safe Access for Public Health Amendment Act of 2017 by Team_Grosso on Scribd

Grosso proposes bills to deal with opioid crisis, improve public health as Council returns from summer recess

For Immediate Release:
September 19, 2017
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Grosso proposes bills to deal with opioid crisis, improve public health as Council returns from summer recess

Washington, D.C. – Today Councilmember David Grosso (I-At Large) introduced two bills to address the opioid crisis in the District of Columbia.

“For decades we have attempted to use criminal penalties to solve drug addiction and its associated consequences,” Grosso said.  “This ‘War on Drugs’ has failed and in recent years, D.C. has adopted a public health and evidence-based approach to reduce harm and help people find appropriate treatment.  My proposals continue that approach.”

Last year, D.C. reported 216 opioid-related deaths—nearly triple the number reported in 2014. Grosso’s proposals would remove penalties for possession of certain drug paraphernalia and promote access to the medical marijuana program, both of which have been shown to reduce overdoses.

The Safe Access for Public Health Amendment Act of 2017, allows for access to new technology that enables drug users to test their own drugs to avoid overdosing and supports harm reduction efforts for injection drug use by improving access to clean syringes to reduce the transmission of HIV/AIDS and Hepatitis C.

The bill achieves this greater access by removing criminal penalties for possession for personal use of syringes and drug testing kits, and expanding the areas in which D.C.’s successful needle exchange program can operate.

“There is no scientific basis for criminalizing paraphernalia possession,” Grosso said. “It only increases the likelihood of harm to those who are struggling with addiction and continues the failed policies of the War on Drugs that has had a disproportionate impact on our African-American communities.”

Councilmember Vincent Gray joined Grosso in co-introducing this bill. Grosso joined Gray in co-introducing two other opioid focused bills: Opioid Abuse Treatment Act of 2017 and the Opioid Overdose Prevention Act of 2017.

The Medical Marijuana Improvement Amendment Act of 2017 reduces two major barriers to the city’s medical marijuana program: the requirement for a doctor referral and long wait times to get a registration card.

Under the bill, patients would be granted provisional registration and same-day access to medical marijuana like any other medicine. Patients without a primary care physician, or with one who does not wish to recommend medical marijuana, would be able to self-certify.

“Medical marijuana has been shown to be a viable alternative to the prescription of opioid painkillers, which can set people down the path to addiction,” Grosso said. “While we have made significant improvements to our medical marijuana program here in D.C., there is more we can do to improve access for patients and reduce opioid reliance and overdose.”

A study in JAMA Internal Medicine found that medical marijuana programs reduce opioid overdose death rates by as much as 25 percent.  Americans for Safe Access also reported lower prescription rates of painkillers in states with medical marijuana programs.

Grosso believes D.C. can go even further to combat the opioid crisis.  In a letter sent to Department of Health Director Dr. LaQuandra Nesbitt today, the councilmember asked her to examine how D.C. might set up supervised injection sites where injection drug users could be monitored to prevent overdose and be connected to treatment.  He also believes DOH should find a way to allow Narcan, the opioid overdose prevention medication, to be obtained over-the-counter at any pharmacy in the District of Columbia.

“I hope that Dr. Nesbitt and her team will find a way forward,” Grosso said.

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It’s time for real change to help survivors of childhood sexual abuse heal

For Immediate Release: 
June 15, 2017
 
Contact:
Matthew Nocella, (202) 724-8105

It’s time for real change to help survivors of childhood sexual abuse heal

Washington, D.C. – Today, the Committee on Judiciary and Public Safety held a hearing on two laws to eliminate the criminal and civil statute of limitations on sexual abuse. Councilmember David Grosso (I-At Large), a member of the committee and author of the Childhood Protection Against Sexual Abuse Amendment Act released the following statement:

“I believe there are few actions more depraved than sexual violence against children. Full of boundless curiosity, bold imagination, and care-free spirits, the unique innocence of childhood is something to marvel.

“Unfortunately 1 in 10 children will be stripped of this innocence before their 18th birthday.  Alarmingly, children are most vulnerable to sexual abuse between the ages of 7 and 13. Because children have no comprehension of adult sexual behaviors and activity, any exposure to these aspects of adult life can and often does result in mental and emotional trauma.

“The experience of sexual violence as a child is one that endures for ages.  Most survivors do not come forward until well into adulthood, suffering for years with depression, feelings of guilt and sometimes difficulty forming intimate relationships. 

“My legislation eliminates the civil statute of limitations for recovery of damages arising out of child sex abuse claims.  Additionally, the bill creates a two-year window for individuals whose claims of child sex abuse were previously time-barred, enabling victims to go back in time and begin working to heal.

“Child safety depends on legislators holding institutions, not just individual perpetrators, accountable for their actions.  We cannot continue to allow individuals or institutions to maintain their depraved secrets. We must instead encourage and empower victims to come forward and know that a fair and just system is in place to help them right unspeakable wrongs.

“Given the passage of time, the evolution of this body and society as a whole on this issue, it is my sincere hope that we can affect real change for victims by enacting these critical measures to enhance their legal recourse.

“I want to thank everyone who testified today, especially those who are survivors of such crimes.  Your bravery today will help those like you who have endured so much and seek justice for their anguish.

“I also want to thank Chairperson Charles Allen for holding a hearing on these two critical measures.  I look forward to working together with him to advance them to the full Council.”

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Committed to a different approach to public safety, Grosso votes against Newsham nomination to be Chief of the Metropolitan Police Department

For Immediate Release: 
April 6, 2017
 
Contact:
Matthew Nocella, (202) 724-8105

Committed to a different approach to public safety, Grosso votes against Newsham nomination to be Chief of the Metropolitan Police Department

Washington, D.C. – The following is a statement from Councilmember David Grosso on his opposition to the nomination of Peter Newsham to serve as the permanent chief of the Metropolitan Police Department (MPD):

“Over the past month, the Committee on the Judiciary held three hearings on Newsham’s nomination. In addition to those who testified, I heard from numerous constituents via phone, email, and social media about this decision, and I am thankful to all of them for their engagement on an issue as important as this.

“As I thought about what it means to pick a new chief of police, I heard the praise and the criticism for the nominee. I take both of those very seriously.

“But, I also came to realize that I have a different vision in mind—that this vote is an opportunity to imagine what kind of police department we want to have, and what kind of leader will move us toward that goal.

“There are competing visions about the role of the police in our society, as well as different perspectives about what public safety means. I have seen it in my work as Chairperson of the Committee on Education, as we move away from “zero tolerance” approaches to school discipline, and instead implement restorative justice practices in our schools. We have seen a shift on the Council and among residents with the move away from criminalizing drugs, to removing criminal penalties and focusing on addiction and treatment services as the appropriate response.

“I feel strongly that it is time for a similar overhaul in our approach to policing—a transformation of the MPD into an agency whose highest priorities include promoting non-violence and collaborating deeply with the community and neighborhoods.

“Such a transformation would mean a department would have a spotless track record of internal accountability, and a culture of intervention by officers when they see a colleague doing something wrong. It would be about recognizing that people in the community should be leaders in creating a safer environment, with support of the police, not the other way around.

“A shift like this would require police leadership to see that there are very deep-seated problems with how law enforcement operates in this city, and rising to the challenge of changing the paradigm.

“To be sure, this kind of change would require hard work by the entire city, but the leadership of the MPD is vitally important.

“Leadership was the focus of a number of the witnesses during the hearings, and as an elected official, the meaning of leadership is constantly on my mind, especially in the new national political climate. At a time when the leaders in the highest ranks of the government openly espouse bigotry, flout the rule of law, and disrespect human rights, I believe we need to go the extra mile to counteract those messages and actions.

“Maybe my expectations are too high, but based on some of the feedback I have heard, our constituents are hungering for a chief of police who is visionary and transformative, and can think outside of the box.

“Unfortunately, I do not believe that this nominee fits that profile.

“I remain committed to a very different vision of what policing and public safety can be, and I am committed to working with the new chief to promote these values, and the values that we heard from so many witnesses during this process around police accountability, bolstering our sanctuary city policies, promoting non-violence, decreasing arrests, and ending the perception that more police will solve our problems.”

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Grosso urges President Obama to grant clemency to D.C. offenders

For Immediate Release: 

November 23, 2016
 
Contact:
Matthew Nocella, (202) 724-8105
mnocella@dccouncil.us

Grosso urges President Obama to grant clemency to D.C. offenders

Washington, D.C. – Councilmember David Grosso sent a letter today to the President of the United States asking him to grant clemency to individuals who fit the requirements of his broad clemency initiatives that have been convicted of offenses under the D.C. Code. The following is his statement:

“President Obama deserves praise for the impressive work he’s done to combat the harms perpetrated as part of the inequitable War on Drugs by providing a second chance to over 1,000 non-violent drug offenders.

“In the spirit of Thanksgiving, I sent a letter urging him to take D.C. Code offenders into special consideration in his final two months before an administration takes over that is unlikely to continue such an initiative.   

“As president of the United States, he is uniquely situated as the sole source of relief for those convicted of such crimes under the local laws of the District of Columbia.  Due to D.C.’s continued second-class status, our mayor has no such authority similar to chief executives in other jurisdictions.  D.C. has made progress recently to end ill-informed policies that put too many people in prison.  However, we are unable to repair the damage they have already done.

“My staff and I stand ready to assist in this effort and further this cause in any way we can.  I will continue to look for ways to reform the criminal justice system in the District of Columbia as I enter my second term representing all residents on the Council.”

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Grosso Letter to President Obama on Clemency by Team_Grosso on Scribd

Grosso's position on the “Marijuana Possession Decriminalization Clarification Emergency Amendment Act of 2016”

Councilmember Grosso recorded a quick video update on his decision to oppose the “Marijuana Possession Decriminalization Clarification Emergency Amendment Act of 2016”--you can read more about his position after the jump.

This legislation amends the Marijuana Possession Decriminalization Amendment Act of 2014 to clarify that the prohibition of consumption of marijuana in a public space also includes private clubs. It also requires the Mayor to revoke any license, certificate of occupancy, or permit held by an entity that knowingly permits a violation of law concerning the consumption of marijuana in a public space.

I have been a strong proponent of marijuana decriminalization, legalization and regulation in D.C. since I became a member of the Council in 2013. I co-introduced the decriminalization law and actively supported the passage of Initiative 71. But I also introduced measures in 2013 and 2015 to tax and regulate the sale of retail marijuana in D.C. as I strongly believe that it is important for us to setup an equitable system governed by clear rules and regulations if we are truly to limit arrests and dissolve the underground market. As you may know, D.C. is currently under a congressional rider which prohibits the Council and Mayor on moving forward on any measures to tax and/or regulate the legal sale of retail marijuana. I strongly oppose Congressional leadership interfering with D.C.’s ability to govern itself and believe that at times it’s appropriate for us to defy Congress and do what’s right for D.C. residents.

I opposed this legislation because I believe it was a step toward doing just that. My interest in marijuana decriminalization and legalization laws has always been about social justice and ending the arrests and racial disparity in terms of enforcement. In the absences of available venues outside of a private residence for individuals to consume marijuana products legally, the disparity will continue. Further, this matter is currently being debated in the Committee on Judiciary via permanent legislation and I believe the Council should have the opportunity to fully debate before extending this emergency. I believed that my colleagues and I could work together with the Executive to craft an approach to this issue that is measured. Unfortunately, the bill passed today by a vote of 9-4.

I will continue to work on this issue as the full Council prepares to consider this measure at the February 2, 2016 Legislative Meeting. Thank you again for reaching out with your concerns.