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D.C. co-op guilty of anti-gay discrimination

Commission says board twice refused to allow gay couple to buy apartment

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Michael Ward, D.C. Commission on Human Rights, gay news, Washington Blade
Thad Kemp, gay news, Washington Blade

Thad Kemp (Photo courtesy of Kemp)

In a little noticed action, the D.C. Commission on Human Rights ruled last April that the president and board of directors of a cooperative apartment building on Connecticut Avenue violated the city’s Human Rights Act by twice refusing to allow a gay couple to buy an apartment.

The case is unusual because the commission’s decision came more than 15 years after Thad S. Kemp and his then partner William L. Houston filed a discrimination complaint with the city’s Office of Human Rights against 2101 Connecticut Avenue Cooperative Apartments, Inc.

The complaint charged the upscale building, located across the street from the Chinese Embassy, with using a series of pretexts to deny the couple’s application to buy an apartment in the building on two separate occasions in 1997 because of their sexual orientation and their status as a mixed race couple. Kemp is white and Houston is black.

The building has appealed the commission’s decision before the D.C. Court of Appeals, arguing, among other things, that the commission’s recommended decision was made by an administrative law judge who did not preside over a three-day hearing in which key witnesses testified.

Attorney Stephen Horvath, who is representing 2101 Connecticut Avenue Co-op, notes in an appeal brief that the original chief hearing examiner who presided over the case, Cornelius Alexander, died in 2007 before reaching a decision. Horvath argues the administrative law judge for the commission who handed down the decision, Dianne Harris, wasn’t present at the hearing to see the witnesses testify and assess their credibility.

Harris states in her recommended decision that she carefully read the transcript of all testimony viewed and studied the exhibits and documents entered into evidence and obtained a full and impartial picture of the case. She disputes claims by Horvath that past court rulings require that a hearing examiner or judge be present during testimony by witnesses in order to issue a ruling on a civil case.

Harris noted that while she was not present during testimony in the 2003 evidentiary hearing to determine whether the co-op board and its president, John Rodler, were liable for the alleged discrimination, she did preside over a separate hearing to assess what the damages and penalty for the co-op should be.

The commission’s final decision and order, handed down on April 23, 2012, shows that then commissioners Christopher Dyer and Nkechi Jaifa voted to approve Harris’s recommended decision that the co-op and Rodler engaged in discrimination based on sexual orientation and racial discrimination against Kempt and Houston.

The third commissioner assigned to the case, gay attorney Michael Ward, dissented from the majority, saying he agreed with the co-op’s attorney that Harris should not have ruled on the case without having personally attended the hearing in question.

Michael Ward, D.C. Commission on Human Rights, gay news, Washington Blade

Michael Ward of the D.C. Commission on Human Rights. (Washington Blade photo by Michael Key)

“Although I believe that there is adequate testimony from which the commission might infer liability, I believe that those inferences require assessment of credibility and that respondents cannot therefore be held liable absent a de novo [new] hearing at which the administrative law judge can make credibility determinations and propose a decision to the commission that reflects those determinations,” Ward wrote in his dissenting statement.

Dyer, the D.C. gay activist and former director of the Mayor’s office of GLBT Affairs, and Jaifa did not submit a statement explaining why they voted to approve Harris’s proposed decision.

Richard Salzman, the attorney representing Kemp and Houston, called the commission’s decision “fair and measured,” noting that it did not agree to all of the Kemp and Houston’s specific requests for damages. He noted that the commission denied Kemp’s request that the co-op pay him the amount of equity he would have accrued as the value of the two apartments he attempted to buy rose significantly in the 15 years since the co-op denied his application to buy the apartments.

“The evidence was overwhelming that the discrimination took place,” Salzman said. “It is clear to anyone who looks at the evidence presented.”

Under D.C. law, the D.C. Solicitor General, who is part of the Office of the D.C. Attorney General, is responsible for defending the Commission on Human Rights decision in the appeals court phase of the case.

A spokesperson for the Solicitor General said the office is scheduled to file its response to 2101 Connecticut Ave. Co-op’s appeal brief on Feb. 11.

In its April 23 decision, the D.C. Commission on Human Rights ordered the co-op to “cease and desist” from engaging in further discrimination against people who apply to buy an apartment in the building and who are covered under the D.C. Human Rights Act.

The decision also calls on the co-op building to pay Kemp $90,000 for the amount he paid ($515,000) for an apartment he bought in another building in excess of what he would have paid ($415,000) for one of the apartments he was prevented from buying in the co-op building.

In addition, the decision orders the co-op to pay Kemp $35,000 for “humiliation, embarrassment and indignity” he suffered due to the co-op’s discriminatory action against him. It calls for the co-op to award Houston $17,500 in damages for also suffering “humiliation, embarrassment and indignity.”

The co-op is also required to pay for Kemp and Houston’s attorney’s fees and to reimburse the city $6,458 in court reporting and transcription costs related to the case.

Why did this case take so long to go from the complaint to a decision by the commission?

David Simmons, chief administrative law judge for the Commission on Human Rights, told the Blade on Wednesday that one of the reasons Kemp and Houston’s discrimination case took 15 years to advance from the complaint to the commission’s decision last April was a lack of a sufficient number of hearing examiners and support staff for the commission.

He said more hearing examiners and support staff have been hired in recent years, but during the years that Alexander served as chief administrative law judge, the staffing was a “travesty,” he said. According to Simmons, at the time Alexander presided over the Kemp-Houston case, he was the only hearing examiner the commission had, forcing him to preside over all of the cases.

“I knew Cornelius Alexander, and he was hard-working and an excellent attorney,” he said. “In my view, the city killed him. They worked him to death.”

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Comings & Goings

David Reid named principal at Brownstein

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David Reid

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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