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D.C. has marriage, so now what?

Despite successes, activists say ‘we have not overcome yet’

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Aisha Mills, president of the Campaign for All D.C. Families, said LGBT activists cannot ‘rest on our laurels’ despite recent successes. (Washington Blade photo by Michael Key)

When the weddings for same-sex couples began in the District of Columbia on March 9, many in the community hailed the occasion as the capstone of the city’s decades-old LGBT rights movement.

The District government’s enactment of a same-sex marriage law in December and Congress’s decision not to stop it follows a long list of existing city laws and policies that protect LGBT people from discrimination, some of which were approved more than 30 years ago.

With this as a backdrop, some in the community wondered whether the same-sex marriage law marked the completion of the LGBT rights movement within the city, enabling activists to move on to other causes and endeavors.

But an informal Washington Blade survey of local LGBT activists conducted over the past two weeks shows that virtually all those contacted believe a wide range of LGBT-related problems and concerns remain on the agenda of local advocacy groups.

“There’s still so much work to be done,” said veteran D.C. gay and Ward 8 community activist Phil Pannell. “We have not overcome yet.”

Pannell and others involved with local LGBT organizations pointed to alarmingly high rates of HIV infection among D.C. men who have sex with men, the city’s unwelcome status of having the nation’s highest rate of reported anti-LGBT hate crimes, and its distinction of being one of the few major U.S. cities that fails to provide ongoing city funds for its LGBT community center.

The same contingent of activists expressed caution that the fight for same-sex marriage in the city is not yet over. They noted that a lawsuit seeking to force the city to hold a voter initiative calling for repealing the law is scheduled to come up for a hearing May 4 before the D.C. Court of Appeals.

City attorneys, who have already won several earlier court challenges to the marriage law, say they are optimistic the city will ultimately win its case in defending a provision of its initiative and referendum law that bans ballot measures seeking to take away rights from minority groups.

That law, which gay activists persuaded the City Council to pass in the late 1970s, has so far spared the city a divisive ballot fight over gay marriage that has rocked other states, including California and Maine.

“We still have to stay vigilant and make sure we are actively monitoring what will come down through the courts,” said Aisha Mills, president of the Campaign for All D.C. Families, one of the lead groups that lobbied for the city’s same-sex marriage law.

“And we also know that Congress still has an opportunity to get involved and intervene in D.C. in a number of ways,” she said, pointing to Congress’s authority to overturn a D.C. law at any time, including through its process of approving the city’s annual appropriations bill.

“We are not going to be able to rest on our laurels and be safe and secure in having marriage at least, I would say, for another year or two or even longer,” she said.

Veteran D.C. gay activist Bob Summersgill, who is credited with mapping the strategy for passing a same-sex marriage law, said he, too, is hopeful that a ballot measure seeking to repeal the law will be defeated in court. However, he noted that Congress could always exert its authority to force the city to put the issue before the voters.

“The Democrats will not hold both houses [of Congress] forever, and it is unlikely that any Republicans will back marriage equality in D.C. if they gain a majority,” Summersgill said. “The longer that they are put off, the safer we are, but we must be prepared to fight a ballot initiative.”

On other matters, Summersgill and Rick Rosendall, vice president of the Gay & Lesbian Activists Alliance, point to GLAA’s 21-page 2008 LGBT Agenda, or policy paper for D.C., which describes a wide range of issues that the group believes are related to gay, lesbian, bisexual and transgender city residents.

Rosendall said the group is updating the Agenda document in time to present it to candidates running in this year’s mayoral and City Council races.

“Marriage equality is only part of one of six sections in our policy paper,” Rosendall said.

In addition to addressing LGBT families, Rosendall said the document lists LGBT-related concerns over public safety, including the Police and Fire and Emergency Medical Services Departments and the Department of Corrections; public health, including AIDS; human and civil rights; education and youth; and consumer and business issues.

“Even if we achieve equality on paper — and we have a long way to go in some of these areas — continued vigilance is required to ensure that good policies are put into practice,” he said.

Among the specific issues addressed in the document are bullying of LGBT youth in the city’s public schools “while adult authority figures often look the other way,” lack of social services for transgender residents, and a local health care system that doesn’t sufficiently serve lesbians.

The GLAA Agenda document is available online at the organization’s web site, glaa.org.

Lesbian Democratic activist Barbara Helmick cited a litany of issues similar to those raised in the GLLA Agenda document, but said that local activists should go a step further by joining others in the community to push for changes in federal law.

Of particular concern to same-sex married couples, she said, is the existing federal law barring them from obtaining Social Security spousal benefits given to straight married couples.

“I think with our unique seat right here with the federal government down the street, the local community becoming active in that campaign would have enormous benefits for many of our married couples here in the city as well as married couples throughout the country,” she said.

David Mariner, executive director of the D.C. LGBT Community Center, said many of the LGBT-related social services programs that groups like GLAA seek to improve are performed in other cities by LGBT community centers.

Pointing to a call by activists in Philadelphia for “brick and mortar” projects and programs for LGBT youth, seniors and other vulnerable populations, Mariner said the D.C. LGBT Center has the ability to house or operate such programs if the city helps fund the center.

“We are the only major U.S. city that doesn’t have a permanent building for our local LGBT Community Center,” Mariner said. “In our short time at 1810 14th St., N.W., we’ve seen what is possible when we have an appropriate facility. Unfortunately, we will have to leave this facility, possibly as soon as this summer, and our future is uncertain.”

Mariner was referring to a lease the Center has for a building formerly used by the Whitman-Walker Clinic. The building is owned by a real estate development company that plans to demolish it to build a new condominium and office complex. The Washington Blade offices also are located in the building.

Brian Watson, director of programs for the non-profit social services group Transgender Health Empowerment, and longtime transgender activist Earline Budd, an outreach worker for the group, both said the community’s work in addressing transgender issues is far from complete.

The two pointed to the organization’s Wanda Alston House for LGBT youth, which provides temporary housing and social services to gay and trans youth. Due to city budget cuts, the Alston House lost a sizable portion of its city funding, requiring THE to reduce services to the youth staying at the house.

“Homelessness in our community is mostly invisible,” Budd said. “One of my priorities for our movement is to find out how we can reach the social and economically disadvantaged in our community.”

Gay Democratic activist Peter Rosenstein said an important part of the community’s continuing agenda should be making sure the mayor and city agencies properly implement LGBT-related laws and policies already on the books. He noted that agencies such as the public school system haven’t been aggressive enough in carrying out anti-bullying polices, for example.

“We may also need to legislate action” requiring the agencies to better carry out such programs, he said.

Carlene Cheatam, a same-sex marriage advocate and longtime member of the D.C. Coalition of Black Lesbian, Gay, Bisexual & Transgender Men & Women before recently stepping aside from the group, called for a fundamental change in the LGBT movement’s approach on the local level.

Instead of working mostly within specific LGBT groups that limit their work to LGBT-specific issues, Cheatam said activists should become fully involved in their local communities and integrate LGBT advocacy into the broader community.

“I have always thought that the community does it wrong,” she said. “I feel the community does it separate from other issues and the broader community. … You can’t just go to the straight community and say let’s talk about LGBT.”

She said a small number of LGBT people who are involved in their local communities work on broader, non-LGBT issues as well as LGBT issues.

“But as an agenda, the community does not get involved in something that’s not LGBT,” she said. “And yet we expect our allies to support us. … And so what I want is for the LGBT community to become part of the broader community and participate, support other people, other communities to establish allies.”

Cheatam also said that LGBT people who take a low profile in their involvement in the broader community should be fully out and self identified as LGBT.

“This also helps other people who are in the closet to see LGBT [people] who are visible, who are cleaning up neighborhood alleys with the gay T-shirt on. You can see that from your window and say, ‘Wow, they’re able to be out and in the neighborhood.’

“That’s my wish for the community.”

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District of Columbia

D.C. mayor honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ‘vital work’

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

“Whereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,” the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for “Black LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.”

It also praises Team Rayceen Productions for its partnership with the Mayor’s Office of LGBTQ Affairs in helping to produce “exciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.”

“Whereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,” the proclamation continues.

“Now, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,” it concludes.

“We thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,” Team Rayceen Productions says in a statement. “Starting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayor’s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nation’s Capital,” the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade – as online co-hosts, event staff, performers, DJs, photographers, and more,” says the statement.

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D.C. jury finds AARP Services illegally fired gay man

Former employee awarded $2.1 million in damages

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Richard A. Deus, Jr.

A D.C. Superior Court jury on March 15 handed down a verdict finding that the D.C.-based AARP Services, Inc., an arm of the AARP that interacts with businesses supportive of the nation’s seniors, illegally fired a gay manager because of his sexual orientation.

The jury’s verdict, which it said was based on a “preponderance of evidence,” came six years after Richard A. ‘Rick’ Deus Jr., who worked for AARP and AARP Services for 11 years, filed a lawsuit against his former employer in May 2018. The lawsuit charges that AARP Services violated the D.C. Human Rights Act by firing him after falsely accusing him of accepting gifts for travel from businesses affiliated with AARP that violated AARP employee ethics policies.

His lawsuit says he was fired in February 2018. At that time, he held the title of director of program management at AARP Services.

The lawsuit says AARP Services cited the alleged travel violations as the reason for its decision to fire him. The lawsuit named AARP Services and its then chief executive officer, Lawrence Flanagan, as the two defendants responsible for Deus’s firing.

But the jury’s verdict only named AARP Services as being at fault in the firing. It did not find Flanagan at fault and did not hold him responsible for damages, even though Flanagan testified at the trial that he made the final decision to terminate Deus on grounds that Deus violated the travel policy.

The jury also chose not to hold AARP Services responsible for paying punitive damages to Deus, whose lawsuit called for $5 million in compensatory damages and an additional $5 million in punitive damages.

In its verdict, according to online court records, the jury awarded Deus $1,612,916.18 in compensatory damages and $578,351 in damages for emotional distress that AARP Services is required to pay Deus. The court records show the jury awarded Deus another $1,118.89 to be paid by AARP Services for its alleged breach of contract with him in its decision to fire him.

An attorney representing AARP Services immediately following the verdict filed a motion requesting that Superior Court Judge Shana Frost Matini, who presided over the trial, issue a “directed verdict” overturning the jury’s verdict. 

Such a motion is often filed by individuals or organizations on the losing side of a lawsuit, but such requests are rarely approved. Matini said she would schedule a hearing to consider the motion in May.

“I’m thrilled that the jury found that I was treated differently from my co-workers and discriminatorily fired,” Deus told the Washington Blade after the jury handed down its verdict. “That’s clearly what they found, and they awarded emotional pain and suffering,” he said. “But overall, I’m elated. It’s been six years of my life that I’ve been fighting and telling people that I was treated differently than anybody else and today I got my vindication.”

Laura Segal, AARP’s Senior Vice President for External Affairs, told the Blade in a statement, “AARP is pleased with the jury’s verdict that Lawrence Flanagan lawfully terminated Richard Deus’s employment.” She added, “AARP Services, Inc. (ASI) disagrees with the remainder of the verdict and is exploring all options for further legal review. We remain committed to an inclusive culture and warmth and belonging, where everyone is welcome.”

Attorneys representing AARP Services argued at the trial and presented witnesses denying Dues was fired because of his sexual orientation. They asserted that AARP Services had and still has gay and lesbian employees and managers and that the company has a longstanding policy of prohibiting  discrimination on grounds of sexual orientation or marital status.

Deus’s lawsuit accused AARP Services of targeting Deus for discrimination based on his marriage to another man as well as for his sexual orientation. The jury did not find that AARP Services engaged in discrimination against Deus based on his marital status.

Flanagan was among the lead defense witnesses who testified at the nine-day-long trial. He testified that he has worked for many years with gay colleagues, has a gay relative who he admires, and would never have allowed his staff to engage in discrimination while he served as AARP Services CEO.

He noted in his testimony that his decision to fire Deus was based, in part, on the recommendation of AARP Services’ human resources or personnel director, Michael Loizzi, who is an openly gay man. Loizzi, who also testified at the trial, said that as a gay man he would never have called for Deus or anyone else to be fired because of their sexual orientation. He stated in his testimony that he recommended to Flanagan that Deus be fired because Deus violated AARP Services travel policy and lied to his supervisor about the details of the travel to get his supervisor’s approval under false pretenses.

Deus, during his own testimony, strongly disputed claims that he obtained permission for his travel by providing false information to his supervisor. His lawsuit states that both his supervisor and AARP Services’ legal counsel cleared him for the two trips that he has been accused of taking in violation of policy.

His lawsuit identifies heterosexual AARP and AARP Services employees who have taken business trips like the two taken by Deus that allegedly violated travel policy who were not fired or disciplined. A few faced disciplinary actions but were allowed to retain their jobs, the lawsuit says.

“This case is about the unequal treatment of a gay man when juxtaposed to the treatment of our heterosexual comparators,” Darrell Chambers, Deus’s lead attorney, told the Washington Blade after the verdict. “This is not a case about an organization or a group of people who hate gay people and decided that they were going to fire this man because they hate him,” Chambers said.

“Instead, it’s a case where the punishment that they consistently applied to gay employees, re Mr. Deus and Mr. Sanders, was harsher, far harsher than the punishment they applied to heterosexual employees who committed the same or similar acts.”

Chambers was referring to former AARP Services employee Jack Sanders, who is gay and who testified on video played at the trial that he was summarily fired on grounds that he allegedly sent pornographic photos or video images to another AARP Services employee, who complained about receiving the pornographic images.

Sanders has said the pornographic images in question were sent to the employee by his ex-boyfriend who wanted to portray Sanders in a negative light. Through telephone and wire transmission records Sanders was able to show that the images in question were sent from a device in Washington, D.C. at a time that Sanders was in Chicago, proving that Sanders could not have been the person who sent the images.

Deus’s attorneys brought out at the trial that AARP Services failed to give Sanders a chance to defend himself, prompting him to file his own lawsuit against AARP Services for which a settlement was reached. The terms of the settlement have not been publicly disclosed. But Deus’s attorneys cited Sanders’s case as yet another example of how AARP Services has treated gay employees differently from heterosexual employees.

AARP Services attorney Alison Davis argued during the trial that discrimination based on Deus’s sexual orientation had nothing at all to do with the decision to fire him. Davis told the jury that the two trips that Deus took that led to his firing, one to New York City and the other to New Orleans to attend the Sugar Bowl football game, were financed in part by companies that do business with AARP in violation of AARP and AARP Services policies for travel. Among other things, she said the Sugar Bowl is considered a championship game that has a value higher than smaller gifts that AARP employees are allowed to accept.

Deus testified that his reason for accepting an invitation to the Sugar Bowl game was to spend time with the new account director at the Allstate insurance company, which paid for the Sugar Bowl game ticket. “In 2019, we were going to be negotiating a new contract with Allstate and we wanted to establish a good relationship with her before the contract negotiations began,” he told the Blade. “That’s how you do business.”

Deus said he was referring to Allstate’s business relationship with AARP Services, which he said, similar to its interaction with other businesses, helps AARP provide support and services to the nation’s senior citizens.

In her cross examination of Deus on the witness stand, Davis also raised AARP Services’ claim in contesting the lawsuit that the emotional distress and depression that Deus says he suffered because of his firing could have been caused by issues unrelated to the firing. Davis asked Deus if his emotional distress was caused by stress that Deus has said he experienced years earlier when he came out as gay to his parents, who are ordained ministers, and in his interaction with his sister, who had been diagnosed as being bipolar. 

Deus said that while his coming out to his conservative parents nearly 30 years ago and his sister’s mental health issues were a concern years earlier, he and his parents had long since reconciled over his sexual orientation and his sister’s mental health issues played no role whatsoever in the emotional distress he experienced after being fired by AARP Services.

In her cross examination of Deus on the witness stand, Davis also asked him if his decision to be interviewed by the Washington Blade last year for a Blade story about his lawsuit could have contributed to the difficulty, he said he encountered in finding employment after he was fired by AARP Services. Deus, who testified that he was hired by at least one other company that later laid him off, said he did not believe a Blade story about his lawsuit would have an adverse impact on him.  

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Baltimore

Power Plant Live! opens Club 4, its first LGBTQ bar

Ryan Butler, known by his drag persona Brooklyn Heights, helped launch venue

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Ryan Butler, also known as drag performer Brooklyn Heights, stands in the space at Power Plant Live! that will house Club 4. (Photo by Kaitlin Newman for the Baltimore Banner)

BY JOHN-JOHN WILLIAMS IV | Ryan Butler wanted a place where all members of the LGBTQ community could enjoy drag, drinks and fellowship in a safe space. He found it by the Inner Harbor.

Butler jumped at the opportunity to help open Club 4, the first LGBTQ-themed bar to occupy the popular Power Plant Live! venue.

The rest of this article can be read on the Baltimore Banner’s website.

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