ACLU Accuses City of Invading Privacy of Lesbian Officer

Accusing the Los Angeles city attorney’s office of harassment and privacy invasion, the ACLU is challenging city efforts to obtain the names of lovers of a lesbian police officer who has filed several legal claims against the city.

In a legal brief filed Tuesday, the American Civil Liberties Union of Southern California says that as part of Officer Virginia Acevedo’s stress-related workers’ compensation case, the city attorney’s office is seeking the names of her friends and sexual partners, past and present.

The ACLU further complains that after Acevedo refused to supply the information, the city filed a motion to stop payment of her workers’ compensation benefits.

“The city has, in effect, held Ms. Acevedo’s benefits hostage on the condition that she out these unnamed individuals,” ACLU attorney Taylor Flynn said at a City Hall news conference.

The city’s line of questioning also has angered some City Council members.

“That’s absolutely, unbelievably outrageous,” said Councilwoman Jackie Goldberg after reading the ACLU brief. “I am more offended than I’ve been since I’ve taken office.”

Goldberg said she is particularly incensed by the city attorney’s argument, as outlined in the brief, that Acevedo’s psychological condition may stem from her relationships.

“They’d have better asserted this in every case of psychiatric disability for every [heterosexual] man,” Goldberg fumed. “I know darn well they haven’t asked this question.”

Goldberg, who is a lesbian, said she will introduce a motion today inviting City Atty. James K. Hahn to appear before the council in executive session to explain his office’s position.

Jeffrey Prang, press deputy for Councilwoman Ruth Galanter, also expressed concern. “These are certainly not appropriate questions to be asked of any employee.”

Frederick Merkin, senior assistant city attorney, said his office would have no comment Tuesday because the deputy city attorney handling Acevedo’s case was in trial and unavailable.

Flynn called the city’s line of questioning “astonishingly broad and intrusive. . . . People who are not even part of the lawsuit would have the most personal aspects of their lives disclosed, including their sexual relationships and their sexual orientation.”

In a brief filed with the state Workers’ Compensation Appeals Board on behalf of the unnamed parties, the ACLU maintains that the city’s demand violates their rights of privacy and association.

Steven Barry, Acevedo’s attorney in the workers’ compensation case, said that in 20 years of legal practice, he has never seen such questions. He added that his client has no intention of answering them. Federal and state laws set limits on the type of questions that can be asked, he added.

Acevedo, who is on a stress disability, has several claims pending with the city alleging that she was harassed and discriminated against because of her gender and sexual orientation.