A man who attacked RuPaul’s Drag Race’s The Vivienne has walked free from court after a homophobic attack at McDonald's.
The former Pride Quarter DJ, known as James Lee Williams out of drag, was assaulted while waiting for food in a McDonald’s on Edge Lane on June 16 last year by Alan Whitfield. The 31-year-old was subjected to a “barrage of abuse” from Whitfield who struck them to the left side of the face with a “heavy blow”.
Liverpool Magistrates’ Court ruled the one-punch attack by scaffolder Whitfield, 51, was a hate crime last month. Whitfield, of Tom Mann Close, Everton, had denied the attack was homophobic and claimed it was “banter” because he thought the reality star looked like an Oompa Loompa from the film Charlie and The Chocolate Factory due to their dyed green hair.
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Today, Friday, January 5, Whitfield was given a 12-week sentence, suspended for 18 months. Whitfield was also given a two-year restraining order and told not to contact Mr Williams directly or indirectly, which includes a ban on attending any of their performances.
The Vivienne’s face was bruised and hurt for a week but they said “luckily” they were a 6ft ex-rugby player who could take a punch, Liverpool Magistrates’ Court was previously told.
In a victim personal statement read to the court, Mr Williams said: “As a proud gay man, I have never hidden who I am or edited myself. It shames me to say at the age of 31, I am now a lot more conscious that I could be attacked at any moment simply for living my life. This has caused me stress, anguish and ongoing trauma.”
The entertainer, who is currently playing The Wicked Witch of the West in The Wizard of Oz, added they travel extensively and regularly come into contact with strangers with the thought that “I hope this person loves gay people, which is a crazy question to ask in 2023”.
Whitfield, who pleaded guilty at an earlier hearing to assault by beating, claimed the attack was not prompted by his victim’s sexuality but because of a comment Mr Williams made about his skin. He said he was unaware Mr Williams was wearing make-up or carrying a handbag at the time of the incident at 12.15 pm.
Whitfield said his attention was drawn to him because of his hair colour, which prompted him to ask: “What have you come as, an Oompa Loompa?” The court heard Whitfield went on to say: “Look at the state of you. You look a show. Who are you trying to impress?”
When Mr Williams responded “look at your face”, Whitfield told him he had skin cancer and became “enraged” when Mr Williams said: “Made up for you.”
Richard Derby, defending, said the assault was a “spur of the moment thing” which his client accepted he should not have done. He said: “It was an incident out of anger. He has expressed remorse.”
Whitfield said he has been fighting cancer for 15 years and still requires surgery on his face. A pre-sentence report assessed Whitfield, who has previous convictions for harassment, affray and drug possession, as a “low risk” of reoffending.
District Judge Paul Healey told Whitfield the offence was a “serious matter” because of where and when it took place, the presence of others – including children – in an enclosed area and that it was motivated by hostility based on the sexuality of his victim.
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