Local
Rehoboth officials accused of ‘hassling’ businesses
Code enforcement officer creates stir over visit to Aqua Grill
Rehoboth Beach (Blade file photo)
A code enforcement officer in Rehoboth Beach, Del., became the target of a radio talk show host last weekend after the officer told the gay bar and restaurant Aqua Grill that it violated a local ordinance for flying a flag two inches too low over the sidewalk next to its entrance.
The civilian enforcement officer informed Aqua’s manager of the code violation on May 13 after determining that a flag with the inscription “Open – Welcome to Beautiful Baltimore Avenue” dipped below an 80-inch minimum height restriction for flags extending into public spaces, according to Aqua Grill co-owner Joe Maggio.
“He said we were being cited and we would receive a letter in the mail,” said Maggio, who told the Blade he couldn’t confirm over the weekend whether the bar would be fined for the height violation.
“He could have come in and said, ‘hey, it needs to be raised two inches.’ And we would have been happy to pull out a drill and move it,” said Maggio.
The popular bar and restaurant decided instead to have someone shear off the bottom of the flag with a pair of scissors to comply with the height restriction, Maggio said.
A city official said on Monday said Aqua Grill wasn’t fined and that the enforcement officer only issued a warning, saying the city would give the establishment time to correct the infraction.
But news of the enforcement action created a stir when an Aqua Grill customer present during the visit by the enforcement officer posted an account of the incident on Facebook.
Sussex County radio host Dan Gaffney joined gay supportive Delaware State Rep. Pete Schwartzkopf (D-Rehoboth Beach) and other Aqua Grill customers in criticizing the city for appearing to be hurting local businesses through unnecessary regulations.
“This is stupid beyond belief,” Schwartzkopf wrote on Facebook. “In this economy, they are hassling businesses? I thought it might’ve been the American flag but we are talking about an ‘Open’ sign!”
Rehoboth Beach City Manager Gregory Ferrese said on Monday that the code enforcement officer has found violations of the height restriction for flags in 29 businesses so far this year. He said no specific type of business was being singled out in the enforcement action and that all businesses contacted so far have been given warning notices rather than a fine.
Ferrese and the city’s public works director, Mel Craig, who is gay, told the Blade that enforcement of the height regulation for flags hanging over public spaces like sidewalks was prompted by complaints from the public.
“I’ve gotten hit in the face by flags on a windy day when I walk down the sidewalk,” Craig said.
“If a kid gets hit in the eye with a flag, that’s a big deal,” said Ferrese.
According to Ferrese, city regulatory officials determined that the city is required to enforce the flag height restriction in order to comply with the Americans with Disabilities Act, or ADA, a federal law. The law, among other things, requires cities and towns to make sure the “path of travel” along public spaces such as sidewalks doesn’t include a potential obstruction for people with disabilities, including blind people.
An ADA official with the U.S. Justice Department in Washington, which enforces the statute, said the law and the regulations implementing it make no specific mention of flags, only that local jurisdictions should ensure that sidewalks and other public spaces don’t create a hazard for disabled people.
Jacques LeClair, owner of Rehoboth’s Proud Book Store, said he was among the first businesses approached by code enforcement officer Bobby Edmonds about flying his own flag below the height restriction.
“He was very polite. I got a letter from his office saying I was in violation,” LeClair said. “They gave me a period of time to correct it. I corrected it.”
LeClair added, “It’s not that they are picking on any one person or business. They are picking on everyone.”
Chris Beagle, a Rehoboth real estate agent and Aqua Grill customer, said the flag enforcement visit at Aqua raised concern within the local LGBT community because of its timing. He noted that it came on the first day Aqua opened for business for the 2011 beach season.
Beagle noted it also came eight months after Aqua’s other owner, Bill Shields, was mistakenly arrested and finger printed for allegedly violating another ordinance that prohibits restaurants and bars from allowing customers to stay on outdoor patios after 11 p.m.
Police raided 12 establishments for the patio violation during a crackdown last year that took place mostly over Labor Day weekend. Authorities now admit that Aqua was among just two or three of the establishments that were incorrectly targeted for the crackdown.
Shields said a Rehoboth Beach police officer who arrested him refused to listen to his attempt to explain that Aqua and other establishments that were in business before the patio ordinance was enacted are exempt from the ordinance through a grandfather clause.
Rehoboth’s police chief later acknowledged that the officer made a mistake by arresting Shields, saying the officer wasn’t aware that Aqua was exempt from the ordinance. Police later dropped the charge, but Shields said authorities have yet to follow through with a promise to expunge his arrest record.
With that as a backdrop, Beagle said the code enforcement visit to Aqua over the flag issue last weekend was “really bad timing” and a development that could give the impression to the LGBT community that a gay business is being targeted.
“It was very disheartening to see this happen on opening night,” said Beagle, who was present at the bar and saw Edmonds arrive wearing a jacket with the inscription “Code Enforcement.”
Maggio said he and other business owners and longtime residents of Rehoboth, both gay and straight, are “fed up” with what they view as an anti-business attitude in a city whose economy is dependent on small businesses.
He said he and others dissatisfied over the city’s regulatory policies are supporting gay businessman Thomas McGlone, an investment adviser, who is running against longtime Rehoboth Mayor Samuel Cooper in the city’s Aug. 13 mayoral election.
Cooper disputes claims that he is anti-business. He has said he supports local laws and regulations that prevent bars and other entertainment establishments from spoiling Rehoboth’s status and tradition as a family-oriented vacation destination.
Two of the city’s six elected commissioners, Dennis Barbour, who is gay, and Pat Coluzzi, who is lesbian, say they favor a balance between regulations needed to prevent disruptive businesses and assurances that businesses aren’t hurt by overregulation.
The two have spoken out against the patio crackdown last year and called for regulatory changes.
District of Columbia
New queer bar Rush beset by troubles; liquor license suspended
Staff claim they haven’t been paid, turn to GoFundMe as holidays approach
The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.
Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker.
It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.
Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.
The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”
The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”
ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.
Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol.
But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays.
Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.
He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment.
As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments.
A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.
The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.
District of Columbia
Brian Footer suspends campaign for Ward 1 D.C. Council seat
Race’s third LGBTQ candidate cites family reasons for ‘stepping back’
Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.
“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”
Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.
Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.
At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.
In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.
“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”
Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.
His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.
“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”
Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”
Local
LGBTQ, LGBTQ-friendly congregations to hold holiday services
Bet Mishpachah’s Hanukkah service to take place on Friday
LGBTQ and LGBTQ-friendly congregations in D.C. will hold services and other events throughout the holiday season.
Bet Mishpachah on Friday will hold its Sparks in the Dark Happy Hour at Spark Social on 14th Street from 5:30-7:30 p.m. It’s Chanuka Shabbat Service will begin at the Edlavitch DC Jewish Community Center (1529 16th St., N.W.) at 8 p.m.
Hanukkah began on Sunday and will end on Dec. 22.
Two gunmen on Sunday killed 15 people and injured more than two dozen others when they opened fire at a Hanukkah celebration on Sydney’s Bondi Beach.
Jake Singer-Beilin, Bet Mishpachah’s chief rabbi, in a Facebook post mourned the victims.
“We grieve for the victims and send heartfelt prayers of healing for those who were wounded,” he wrote.
“This Chanuka, our lights will shine brightly in the darkness, but our hearts will be heavy with mourning for those who were murdered on Bondi Beach while observing what should have been a joyous day,” added Singer-Beilin. “We will still celebrate our Festival of Lights and we will commit ourselves to illuminating and repairing our broken world. Let us channel the bravery of the Maccabees who found hope where there seemed to be none, and who fought to create a better future. We must do the same.”
LGBTQ Catholic group to hold annual Christmas Day Mass
Dignity Washington’s Christmas Day Mass will take place at St. Margaret’s Episcopal Church (1820 Connecticut Ave., N.W.) on Dec. 25 from 6-7 p.m. Parishioners can attend in person or watch it online via Facebook.
The Metropolitan Community Church of Washington D.C.’s Christmas Eve service will take place at the church (474 Ridge St., N.W., on Dec. 24 at 6 p.m.
St. Thomas Episcopal Church (1517 18th St., N.W.) in Dupont Circle will hold its Christmas Eve Festival Eucharist from 5-6 p.m. A Christmas Eve dinner will take place in the Parish Hall from 6-8:30 p.m. The church’s Christmas Eve Festival Eucharist will occur on Dec. 25 from 10-11 a.m.
Washington National Cathedral throughout the holiday season has a number of services and events scheduled. These include the virtual Gospel Christmas Service on Dec. 21 from 6-7:30 p.m., the Family Christmas Service on Dec. 23 from 11 a.m. to noon, the Christmas Eve Festival Holy Eucharist on Dec. 24 from 10-11:45 p.m., and the Christmas Day Festival Holy Eucharist on Dec. 25 from 11:15 a.m. to 12:45 p.m.
The Foundry United Methodist Church (1500 16th St., N.W.) in Dupont Circle will hold its Christmas Eve Family Service on Dec. 24 at 4:30 p.m. Its Carols and Candlelight Service will take place at 8 p.m.
Smithsonian Anacostia Community Museum to celebrate Kwanzaa
The Smithsonian Anacostia Community Museum (1901 Fort Place S.E.) in Anacostia will mark the first day of Kwanzaa on Dec. 26 with storytelling and drumming with Mama Ayo and Baba Ras D from noon to 2 p.m. The museum will hold a series of other events through the 6-day celebration of African American culture that ends on Jan. 1.
The Creative Suitland Arts Center (4719 Silver Hill Road) in Suitland, Md., on Friday will hold their Almost Kwanzaa: A Creative Kind of Holiday event from 6-8:30 p.m.
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