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This past Sunday, July 4th, Luz Avapxia, a 22-year-old non-binary person, and their partner, Pedro Rod, a 30-year-old gay man, were assaulted by a security guard at the “Día %” supermarket located near the intersection of Entre Ríos and Pavón avenues, on the border between the San Cristóbal and Constitución neighborhoods of Buenos Aires. Although Pedro went to the nearby police station to file a report, he ended up being charged along with the man he reported. “This isn’t an isolated incident. It’s not against me or against Pedro. This is a situation that goes beyond us,” Avapxia told Presentes. “It’s a matter of identity, gender expression, and racism,” they added.

Before starting their workday—a self-managed plant-based food business—Pedro, Luz, and her 10-year-old sister headed to the supermarket near their home at noon. Once there, Luz and her sister decided to wait outside while Pedro went inside. This was because on previous occasions, Luz had felt uncomfortable due to the security guard's behavior, such as his insistent demands to see her backpack and his close monitoring of her as she walked through the store.

However, when Pedro noticed there were a lot of people around, he decided to leave. At that moment, the guard approached and asked to see inside his backpack. "I come here every day. I'm not going to show you my backpack. I didn't steal anything," Pedro told him. When the man insisted, he continued, "This isn't the first time this has happened to me. I don't think it's because they suspect I stole anything." 

According to Pedro's complaint, another man approached him from the supermarket, insisting he show the contents of his backpack and punching him in the face. The uniformed officer then closed the store, they continued arguing, and when Pedro had the chance to leave, he tried, but the guard grabbed him, causing him to fall to the ground and injure his right index finger. While this was happening inside the store, Luz filmed the incident from outside with her phone, uploading the footage to her Instagram stories, where it quickly went viral.

“Yesterday they caught me in the act of recording and defending my rights, but this is systematic. It happens to me personally almost every week. Many times it involves physical violence, which I have to defend myself against,” said Luz, adding: “Still, in Argentina, people in the LGBTIQ+ community don't have an institution to support us, to protect us.”

The complainants told Presentes that once Pedro finally managed to leave the supermarket, the guard threw his face mask at him while shouting "fucking faggot, broken ass."

Complaints and accusations 

First, they called 911, then the National Institute Against Discrimination, Xenophobia, and Racism (INADI), and then filed a report at the 3B Precinct, located at 1345 Catamarca Street in the San Cristóbal neighborhood. Although Pedro was initially denied the opportunity to give a statement after a two-hour delay because he was informed that he was under investigation, he was finally able to make a brief statement after insisting. “ The whole thing was handled with a lack of professionalism that surprised me,” Rod stated. The security guard is currently charged with minor injuries, and Pedro Rod is charged with property damage, as he broke the store's window after being mocked and stared at by the man.

In response to the incident, the First Instance Prosecutor's Office for Criminal, Contraventional and Minor Offenses (PCyF) No. 11 initially took action, and the case is currently being handled by the PCyF Prosecutor's Office No. 22, specializing in Discrimination.

The organization 100% Diversity and Rights contacted Pedro and Luz. “We are providing them with guidance because they wanted to have their complaint dismissed. Now we are evaluating what actions to take with the company to prevent this from happening again. Initially, the aggressor cannot remain in his position since Luz and Pedro go there every day. We will work to ensure they can move about safely and peacefully and that the person responsible is punished. We will also work to ensure the company takes responsibility and implements measures against this harassment and anti-LGBT violence,” explained Ricardo Vallarino , executive director of 100% Diversity and Rights.

The LGBT Ombudsman's Office, a branch of the Institute Against Discrimination of the Ombudsman's Office of the Autonomous City of Buenos Aires, also became aware of the incident and contacted the victims. Its objective is to address cases of human rights violations against the LGBT population. “The complaint is already being processed by the Public Prosecutor's Office, and we, from the Ombudsman's Office, will follow up on it. We will also send an official letter to inform the 'Día' supermarket of the complaint and ask them what measures they have taken regarding the highly discriminatory remarks made by the security personnel,” said Flavia Massenzio, coordinator of the LGBT Ombudsman's Office.

“I believe this was due to homophobia and racism. It’s a matter of identity, gender expression, and obviously also racism because my identity is brown, and this wouldn’t happen to a white, blonde, blue-eyed person,” Luz stated, assessing the events.

For his part, Pedro concluded: “I’m left with a feeling of helplessness, humiliation, and delegitimization by the forces that repress us.” They received support in the hundreds of messages they received through their Instagram accounts, for which they are grateful.