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Trans Occupy Wall Street Protestor Says NYPD Mistreated Him After Arrest

First Posted: 10/04/11 12:04 PM ET Updated: 10/04/11 02:01 PM ET

Justin Adkins

A man who attended the October 1 Occupy Wall Street protest on the Brooklyn Bridge is alleging that he was mistreated by the New York Police Department because he is transgender.

Justin Adkins, the Assistant Director of The Multicultural Center at Williams College in Massachusetts who was spending his second weekend in NYC at the protest, says he peacefully turned himself over to the police when it became clear that they were arresting protestors on the bridge.

According to his account, which he published online yesterday, that's when things went wrong:

My arresting officer found out I was born female when I yelled that information to the legal observer on the bridge. My arresting officer asked what I meant when I told the legal observer that I was "transgender” I told him that I was born female. He asked what "I had down there." Since it is a rude and embarrassing question to ask someone about their genitals no matter what the situation, I simply told him again "I was born female."

Once at the police station, Adkins says that it was clear he was being treated differently from the other protestors arrested that day. After being segregated, he was placed in a cellblock away from the other protestors that was comprised of two cells, one empty and one containing men arrested for other crimes, "some violent," and a restroom. Adkins was handcuffed to the wall near the restroom for eight hours.

After being refused food and water, which the other protestors received, and having his arm pinned behind his back so that he could be turned away from the toilet as women came in to use it, Adkins says he was also humiliated by the officers on duty:

Throughout the night it became clear that they wanted my fellow protestors to think that I did something criminally wrong…That I was not just a peaceful protestor exercising my rights on that bridge. That I deserved to be handcuffed to a railing in the side of the precinct with violent criminals. Everyone seemed to wonder why I had been separated. When other officers chatted amongst themselves about why I was separated, one officer suspected aloud that I was a "ringleader." The woman officer stood a few times outside the glass wall with the door open as male officers asked about me. It appeared that she told them that I was transgender as they gawked, giggled and stared at me.

This was embarrassing and humiliating. Only I have the right to out myself as a transgender person. She was using my identity to get a laugh with men who she thought would find me curious and freakish. It felt at these times that I was behind the glass of a freak show where people could come look at the funny transgender guy.

No comment has been released by the NYPD in response to Adkins's claims.

Protestors and the police have been engaged in an ongoing game of "we said/they said" since the Occupy Wall Street protests began last month.

On Saturday 700 people were arrested when they began marching across the Brooklyn Bridge. Protestors claim they were led by the police onto the bridge, but the NYPD is claiming they made it clear they would begin making arrests if the bridge was occupied.

In another incident, several young female protestors situated inside of a police enclosed area were hit with pepper spray by police even though a video of the incident appears to show the women were not being disorderly.

Photo courtesy of Bianca Garcia / BLGARCIA on Flickr.com

See photos from the Wall Street protests:

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A man who attended the October 1 Occupy Wall Street protest on the Brooklyn Bridge is alleging that he was mistreated by the New York Police Department because he is transgender. Justin Adkins, the...
A man who attended the October 1 Occupy Wall Street protest on the Brooklyn Bridge is alleging that he was mistreated by the New York Police Department because he is transgender. Justin Adkins, the...
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HUFFPOST SUPER USER
dbrett480
06:02 PM on 10/14/2011
The transgender protester has absolutely no legitimate complain when it comes to being separated from everyone else. Since he (or she) refused to state their gender, the officer cannot by law house her (or him) with the opposite sex. Therefore the only place the protester could be housed is alone.
05:46 AM on 11/16/2011
Eek! More need for trans-literacy here. Are you open to it?

I will go ahead and clarify for you: Mr. Atkins identifies as male. I know it wasn't clear to you, but with some help, you will see its very clear. You can go ahead and use the pronoun "he" in those cases. Ask if its still unclear, ok?

Second, when you say "alone" does chained to a wall next to a stinky toilet sound like an appropriate way to treat a fellow human being?
HUFFPOST SUPER USER
dbrett480
12:39 PM on 11/16/2011
The issue didn't seem to be the bad plumbing in the holding cell, but the fact he was isolated. Departments have been sued by many transgender individuals for placing them in an environment where they can be exploited by other criminals. The department acted smartly to prevent this individual from being victimized by other inmates.
09:43 PM on 10/07/2011
You get in a confrontation with the powers that be and you can expect abuse of power so just suck it up and focus. You gonna do the crime be prepared to do the time. It's not all about you. It's a movement to shine a light on corporate greed. 700 people got arrested that day and I'm sure a good number abused and disrespected as citizens - what makes you so special? Now back to the barricades or move on.
07:17 PM on 10/08/2011
Did you actually read the article, Dan? Did you notice that at least 4 other men and several women were arrested with him and that none of them were chained to a wall next to a toilet for 8 hours? Did you notice that they refused him food and water? Did you notice that this is a news article, and that this incident is NEWS?
05:41 AM on 10/09/2011
No, it's distracting hysteria. Adkins needs to man-up and keep his eyes on the prize, focus on the intended goal which is to expose the capitalist greed that is destroying the middle class. Execrable as his treatment was he should be prepared for it. When billionaire Bloomberg eventually turns his baton wielding security force on the demonstrators to clear the area does Adkins expect to be singled out again? If so then leave. Williams College is nice this time of year. You'll find me at the barricades.
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HUFFPOST SUPER USER
Owlwriter16
...what a wonderful world this could be!
12:12 PM on 10/05/2011
This inhumane, insensitive treatment of a transgender citizen by NYPD cops provides a perfect example of the criminal, out of touch bigots whose salaries our taxes pay to defend our rights. One would think that in a city like NY law enforcement would be more sophisticated and more tolerant. But it just goes to show the caliber of police officer NYC hires and how deeply homophobia runs within its precincts. It appears that no amount of "sensitivity training" will change that. What is needed is an improvement in the quality of people hired to do our policing.
07:19 PM on 10/08/2011
I second that.
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HUFFPOST SUPER USER
Hope Richardson
Cynical Comedian, Future World Dictator, Otaku
12:09 PM on 10/05/2011
Transgender or not, that treatment was inhumane and disgusting. How do those officers live with themselves?
12:14 AM on 10/05/2011
Dude, you went there hoping to be arrested, surrendered yourself to be arrested, what exactly were you expecting them to do; bring in some contractors to build a new wing on the jail for your brief stay? If they would've put him in with the women, the women would've all been screaming that they were being housed with a man. If they had put her in with the men, well, guess what would've happened. So, what exactly would he or she have had the Police do amongst the planned chaos of hundreds of people being arrested at once. Jail is not a place to go trolling for respect from the authorities whose day you've ruined by helping to cause havoc. People protesting the Vietnam War got their skulls caved in on a regular basis, and this joker is whining because a bunch of dumb cops didn't know what to do?

This really is one of the most ridiculous story I've read in a long time. Putting yourself into a situation where you know whats going to happen, and then surfing for pity when it does. If you want to be a man, act like one and stop crying like a little girl.
01:15 PM on 10/05/2011
Sorry, but you are sadly mistaken. If you would have read the entire account Justin Adkins wrote, you would be aware that he was initially housed with other men, with whom he had made "friends." He said he and those men got along well and had much in common, and he felt comfortable there.

I think you are being a little ridiculous with your snarky comment about building a new wing on the jail. Justin is a MAN. Plain and simple. If you saw him in the street and you didn't know him, you would never in a million years know that he is transgender. You would not even blink twice. The whole reason this is ridiculous and horrible is because Justin was outed as trans, and shouldn't have been. That is private information, and it is highly inappropriate for anyone to out someone else without their consent.

If he hadn't been outed, there never would have been a problem. He should have been treated like any other guy, and that information shouldn't ever have been made public.

I bet you've met and interacted with hundreds of transmen and just never knew it. We are just like any other guy. Really. We're just regular dudes.
08:30 PM on 10/04/2011
here we go again, getting sidetracked from late good and noble cause that these protesters stand for. Because all these news outlets like the Huffington Post are controlled by Wall Street it is difficult for them to report good news about the protesters cause. Let's face it, these protesters want to help middle-class America people that live in the suburbs. They are risking their lives for people that live in the suburbs, I hope these protests grow to the point where more Wall Street crooks are arrested and the now conglomerate banks return to small banking practices. We the middle-class are being raped by these big banks so it is about time for small people stand up to them. This is a classic David versus Goliath story.
09:27 PM on 10/04/2011
You'd throw out some Davids just to get a shot at Goliath, where the occupation stands for solidarity within the 99%.
08:30 PM on 10/04/2011
First of all, there is no Mr. Adkins. Secondly, the police need to know what "[is] down there" in order to know where to house a person they arrest. It's all for the purposes of liability. If 'she' still has her V, then she needs to go to a female facility. If she has a P, then she would've been placed in a male facility.
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HUFFPOST SUPER USER
Tommygun264
2Q2BSTR8
12:59 AM on 10/05/2011
Your statement "there is no Mr. Adkins" not only demonstrated your bigotry, but your ignorance of the law with regard to the transgendered. Educate yourself. And learn how to spell "penis" and "vagina", AH.
07:23 PM on 10/08/2011
You would benefit from some world experience. You may be the most uneducated person on this thread. Get out of your box.
06:43 PM on 10/04/2011
This is unconscionable. Period. I cannot believe the New York City jail system doesn't have a policy in place by now that specifies the proper way to house transgender detainees.
10:00 PM on 10/04/2011
They do, if you are anatomically a male you go to a male cell, if you are anatomically a female, you go to a female cell, pretty straightforward.
07:29 PM on 10/08/2011
Wouldn't be a big deal if they were not TOTALLY ABUSING HIM. Also, is it seriously 2011 and EVERYONE is STILL overlooking the trans and intersex communities??? THINGS ARE NOT SO SIMPLE. And the word "anatomical" DOES NOT mean "visible" or "only on the outside", so... get with it.
05:33 AM on 11/16/2011
Hm, but that's not what happened. What happened is, he was locked to a wall next to a stinky toilet. Straightforward and still unconscionable.

The funny thing is-- if you can believe it-- there are people in the world who are anatomically both genders! Crazy, huh? Not at all straightforward and yet still totally true... hmm... wouldn't it be nice if life was so cut & dry, so black & white? Oh but its not so... let's think about this, okay? Is that okay with you?
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HUFFPOST SUPER USER
101flyboy
06:04 PM on 10/04/2011
Expected ignorant, transphobic and classless comments by many here. Lets put the transgendered situation to the side for a second for those of you who can't seem to muster any sort of care that Mr. Adkins is being discriminated against for who he is, and remind ourselves, we're talking about a human being, who is being abused and mistreated in such a horrific way. That a human being is being disrespected and dehumanized in this fashion is egregious beyond words. That should be ENOUGH to realize, wow, this is not cool. This is unacceptable. The police are treating this person wrong.

It SHOULD be enough. But sadly, it really isn't. That's the biggest tragedy here. It isn't enough that he was humiliated publicly and treated like an animal. And all because he's transgendered.
09:24 PM on 10/04/2011
I fully expect transphobia to exist for a couple more generations at least, and it's incredibly abhorrent and backwards. But I fully expect humanity to keep eating itself for eternity until the species is wiped out and, when a future species finds our recordings, they'll look upon the asinine and hateful comments in threads like these around the internet, and shake their mutant heads in disgust.
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HUFFPOST SUPER USER
artofwar
U.S Marine
05:49 PM on 10/04/2011
I guess the thing that stands out for me most in this story, is the fact that they yelled out to a legal observer on the bridge that they were transgendered. So for this individual to say that no one had the right to out them as transgender is a bit much. I can see where the officer may have been confused in asking "what was down there". I see it as more of a question for clarification purposes. I do not see the treatment of this individual as harsh or unfair. I see it as what was best for their safety. Other then not getting dinner and something to drink in a 8 hour stay, they were kept safe. That is the main thing. What would people say if they had put this individual who wants to be a man, in the mens pod? It would have been a complete disregard for their safety. The police did the best thing they could do in this situation.
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HUFFPOST SUPER USER
OneWhoVotes
HEROES: Olbermann, Sanders, Moore, Obama, Carville
06:23 PM on 10/04/2011
Agree totally. After the shouted information that this person, who probably appeared to be male was "born female" these police officers did not know what to do with him/her. Do you put him/her in the men's cell or the women's? I think they did the best they could under the circumstances. If he/she had just "remained silent" about it there probably would not have been an incident. Someone wanted attention.
Oh, and "GO Occupiers!"
06:51 PM on 10/04/2011
Do you know what it is like for a transgender person to be arrested? Cops do search people, you know - they'll find out if someone has unexpected anatomical features, and they don't always handle it in stride. Trans people have been mistreated many, many times by the police for violating gender norms. That legal observer he was addressing was not a ploy for attention - telling the observer about the situation was vital to his protection. (It's not like the police were going to let him walk over to the observer and whisper it, either.)

I'm sorry your empathy and support for the occupiers doesn't extend to folks like us.
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MagicalPossibilities
Question everything...
12:54 AM on 10/05/2011
If he had been arrested for an actual crime, I would agree with you. But he was perfectly safe in the cell with the male protestors.
03:46 PM on 10/04/2011
I wish I could say that I was surprized to hear about this police misconduct towards this trans gender protestor, but I'm not. They handcuffed him for 8 hours again 8 hours with his arms pinned behind his back! I just feel that this is one more symbol of why people are out in the streets now, fed up with corruption and the misconduct of our government officials, and I hope that the officers involved, in this torture session that they gave this man, don't get away with it.
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HUFFPOST SUPER USER
OneWhoVotes
HEROES: Olbermann, Sanders, Moore, Obama, Carville
06:24 PM on 10/04/2011
Really, seriously?
07:11 PM on 10/04/2011
What is your question??
10:02 PM on 10/04/2011
At the stations my father worked at upstate, that's how you handled everyone until you got them to the jail.
11:14 PM on 10/04/2011
But after they put people in the cell do they keep them in handcuffs? I've never heard of handcuffs staying on while in a cell. That man said he was in handcuffs for 8 hours while he was in the cellblock.
03:42 PM on 10/04/2011
Is this sort of nonsense newsworthy?
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HUFFPOST SUPER USER
artofwar
U.S Marine
05:34 PM on 10/04/2011
nope!
09:16 PM on 10/04/2011
Yeah we should bury transgendered rights in the sand for future generations to unearth and call us bigots for doing so.
03:29 PM on 10/04/2011
"Only I have the right to out myself as a transgender person."

So why did you yell it to the legal observer in the middle of a crowd? If you wanted to be treated as male, why bring it up to begin with? And as far as I can see, you were treated just as many males are treated when they are arrested. Congrats! Your transformation is now complete.
09:17 PM on 10/04/2011
Ya, I heard everyone's chained to the toilet in jail. Hooray! Transphobia is alive and well, unfortuantely, and you're caught in the grip of it just like so many other posters here.
03:26 PM on 10/04/2011
"My arresting officer found out I was born female when I yelled that information to the legal observer on the bridge." What does that mean, legal observer? This article is a little confusing. So it wasn't a secret?
04:23 PM on 10/04/2011
During protests where arrests for civil disobedience may occur volunteers who are lawyers act as observers so that they can observe and document the actions taken by police or others against protesters. Mr. Adkins provided that information to someone designated as an observer so that, if it became an issue, as it has, that it could be entered into any legal proceedings that may follow the arrests. It seems that the police have not progressed much since the days 25 years ago when they wore yellow dish gloves to arrest AIDS protesters. By their actions, the cops must decide, as individuals, whose side they are on. Many progressives gave their support to public workers, including the police, when they were under attack by the right in Wisconsin and elsewhere. It is time for cops of conscience to stop acting in the interest of the state and the corporations and start supporting the movement for change! Are they public workers or do they share interests with the lying thieves who run Wall Street?!
03:14 PM on 10/04/2011
Why did he feel the need to shout it out......maybe he/she should have kept his/her mouth shut.....