Local
Kameny’s ashes remain in storage
Cemetery president proposes end to burial impasse
Nearly 10 months after nationally acclaimed gay rights leader Frank Kameny died in his Washington home at the age of 86, an urn bearing his ashes continues to sit on a shelf in a storage vault in the headquarters building of D.C.ās historic Congressional Cemetery.
Cemetery officials said a dispute between Kamenyās estate and the D.C. gay charitable group Helping Our Brothers and Sisters (HOBS) over ownership rights to the plot where Kamenyās ashes were scheduled to be interred on March 2 forced the cancellation of the interment. HOBS purchased the plot earlier this year without consulting the estate, a development that the estate’s attorney says triggered the dispute.
The ashes, along with a headstone provided by the U.S. Veterans Administration recognizing Kamenyās military service during World War II and a separate marker inscribed with Kamenyās famous slogan āGay is Goodā have languished in storage at the cemetery since shortly after the interment was cancelled.
But in a surprise development on Wednesday, Congressional Cemeteryās new president, Paul Williams, disclosed in an email to the estate and HOBS that HOBS never had legal ownership rights to the Kameny plot because it failed to pay the balance on the purchaseĀ price.
āBecause it had a balance, no deed was issued for the site to HOBS,ā Williams said in his email.
āI propose we issue the deed directly to the estate (copy to HOBS) showing proof of ownership,ā he wrote. āThe estate would also need to sign an authorization of interment, which can be done at the same time. Then, we can replace the two stones in storage that we also have onsite and proceed with a private interment,ā Williams wrote.
Glen Ackerman, an attorney representing the estate on behalf of Timothy Clark, whom Kameny named in his will as the main beneficiary of the estate, said the estate has accepted Williamsā proposal.
He said Williamsā disclosure that HOBS never had a deed to the cemetery plot and that the cemetery would issue the deed to the estate effectively ends the dispute by turning over the plot to Clark and the estate.
HOBS President Marvin Carter couldnāt immediately be reached Wednesday afternoon to comment on Williamsā disclosure that the cemetery planned to issue to the Kameny estate the deed to the cemetery plot.
Ackerman has said all along that the dispute centered on the estateās desire to own the cemetery plot to ensure, among other things, that no one else would be buried or interred in the plot.
Under cemetery rules, two coffins and three urns may be buried or interred in Congressional Cemetery plots.
HOBS, which purchased the cemetery plot earlier this year from money donated by Kamenyās friends and admirers, has said it had no intention of burying others at the site.
Carter has said he and HOBS were always willing to transfer ownership of the plot to the estate. But people familiar with the dispute have said the point of contention was whether the estate should reimburse HOBS for the purchase price of the plot.
Ackerman has said Clarkās position was that donors from the LGBT community put up the money to buy the plot by giving it to HOBS, a non-profit group with tax-exempt status, so the donors could receive a tax deduction on their contribution. HOBS, in turn, made the purchase on behalf of the donors, the estate has maintained.
Meanwhile, the cemeteryās former interim director, Patrick Crowley, said he had the headstone and marker removed from the gravesite earlier this year until the estate and HOBS reached an agreement over final ownership of the plot.
Ackerman has said Clark and the estate became alarmed in February when a small group of Kameny friends announced in a press release that an interment ceremony for Kamenyās ashes would take place at the cemetery on March 3. Ackerman said organizers of the interment never consulted Clark or the estate, even though the estate had legal rights to the ashes.
Organizers of the interment ceremony abruptly cancelled the ceremony and burial the day before it was scheduled to take place on March 3, saying they did so out of ārespectā for the Kameny estate. The urn bearing Kamenyās ashes has been in storage in the cemeteryās offices at 1801 E St., S.E. ever since that time.
The burial ceremony organizers, led by gay rights advocates and longtime Kameny friends Charles Francis and Bob Witeck, have said through intermediaries at the time that they invited Clark to participate in the ceremony and attempted to keep him informed of their plans. They said Ackerman refused to allow them to speak directly to Clark.
Gay activist and longtime Kameny friend Rick Rosendall, who was scheduled to speak at the Kameny interment ceremony, said it was his understanding that it was the estate’s “demand that no interment could be held until the deed to the burial plot was turned over to the estate that led to the eventās cancellation.”
Rosendall said he expressed his hope at the time that the dispute could be resolved. “That is still my hope,” he said.
Ackerman said the estate didnāt learn of the burial service until it obtained a copy of the organizersā Feb. 13 press release announcing the ceremony.
He said the Kameny friendsā decision to organize the burial without initially consulting Clark or the estate created an atmosphere of mistrust between the two parties. Because of that, he said, Clark has insisted that ownership of the cemetery plot be transferred from HOBS to the estate without charge before the estate would consent to allowing the ashes to be buried.
Clark told the Blade in an interview earlier this year that he planned to keep half of the ashes and would donate the remaining half to be interred at Congressional Cemetery.
Francis and Witeck took initial possession of the ashes following Kamenyās death after Kamenyās sister, Edna Kameny, Kamenyās surviving next of kin, signed over power of attorney for Kamenyās remains to Witeck. Edna Kameny, who lives in New York and is in frail health, told the Blade she was pleased to entrust to Witeck and other Kameny friends the task of carrying out her brotherās stated wish to be cremated and to make funeral and memorial arrangements.
Once the details of Kamenyās will became known, including Clarkās role as personal representative or executor of the estate, Ackerman said it became clear that Clark and the estate should take possession of the ashes.
But when Clark sought to obtain possession of the ashes he said Francis told him the ashes had already been buried, a development that contributed to the mistrust between the estate and the Kameny friends organizing the burial.
Ackerman said it wasnāt until the estate saw the Feb. 13 press release announcing the interment ceremony at Congressional Cemetery that he and Clark learned the ashes had not, in fact, been buried.
When contacted on Wednesday, Francis said he had no comment on the matter, saying the dispute over the ashes is between the estate and HOBS and he has nothing to do with it.
Last week, Congressional Cemetery President Williams said he was hopeful that the dispute between the two parties would be resolved soon but said he couldnāt predict when that would happen.
āWe have a little movement,ā he told the Blade on July 27, saying negotiations were taking place between the estate and HOBS.
āItās all confidential so far until everythingās signed. But I can tell you that the two parties have come to an agreement, that being the estate and Helping Our Brothers and Sisters.ā
However, when reached two days later by phone, Carter told the Blade Williams had just informed him he had a proposal to resolve the dispute but that Williams did not provide any details about the proposal. Carter said Williams told him he would take steps to provide those details soon.
āHOBS has always been willing to work things out,ā Carter said. āWeāre not interested in continuing to own the gravesite.ā
Carter told the Blade in a phone interview on July 29 that he had been out of town for the past few weeks and didnāt have a chance to check mail that may have been sent to HOBS.
āBut no one from the estate has called me or emailed me about this recently,ā he said. āThey have my number and email address.ā
Ackerman disputes this assertion, saying he and his law firm repeatedly sent written material to Carter by certified mail. He said the mail was returned to the law firm marked ārefusedā by recipient.
District of Columbia
D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions
LGBTQ entertainment, advocacy organization praised for āvital workā
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.
āWhereas 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,ā the proclamation states.
The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for āBlack 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.ā
It also praises Team Rayceen Productions for its partnership with the Mayorās Office of LGBTQ Affairs in helping to produce āexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā
āWhereas 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,ā the proclamation continues.
āNow, 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,ā it concludes.
āWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā Team Rayceen Productions says in a statement. āStarting 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 Mayorās Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationās Capital,ā 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 ā as online co-hosts, event staff, performers, DJs, photographers, and more,ā says the statement.
Local
D.C. jury finds AARP Services illegally fired gay man
Former employee awarded $2.1 million in damages
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 nationās seniors, illegally fired a gay manager because of his sexual orientation.
The juryās verdict, which it said was based on a āpreponderance of evidence,ā came six years after Richard A. āRickā 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 Deusās firing.
But the juryās 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 ādirected verdictā overturning the juryās 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.
āIām thrilled that the jury found that I was treated differently from my co-workers and discriminatorily fired,ā Deus told the Washington Blade after the jury handed down its verdict. āThatās clearly what they found, and they awarded emotional pain and suffering,ā he said. āBut overall, Iām elated. Itās been six years of my life that Iāve been fighting and telling people that I was treated differently than anybody else and today I got my vindication.ā
Laura Segal, AARPās Senior Vice President for External Affairs, told the Blade in a statement, āAARP is pleased with the juryās verdict that Lawrence Flanagan lawfully terminated Richard Deusās employment.ā She added, āAARP 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.ā
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.
Deusās 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 Servicesā 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 supervisorās 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 Servicesā 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.
āThis case is about the unequal treatment of a gay man when juxtaposed to the treatment of our heterosexual comparators,ā Darrell Chambers, Deusās lead attorney, told the Washington Blade after the verdict. āThis 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,ā Chambers said.
āInstead, itās 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.ā
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.
Deusās 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 Deusās attorneys cited Sandersās 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 Deusās 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. āIn 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,ā he told the Blade. āThatās how you do business.ā
Deus said he was referring to Allstateās business relationship with AARP Services, which he said, similar to its interaction with other businesses, helps AARP provide support and services to the nationās senior citizens.
In her cross examination of Deus on the witness stand, Davis also raised AARP Servicesā 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 sisterās mental health issues were a concern years earlier, he and his parents had long since reconciled over his sexual orientation and his sisterās 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.
Baltimore
Power Plant Live! opens Club 4, its first LGBTQ bar
Ryan Butler, known by his drag persona Brooklyn Heights, helped launch venue
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.