Local
D.C. co-op guilty of anti-gay discrimination
Commission says board twice refused to allow gay couple to buy apartment
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 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.”
District of Columbia
D.C. Pride flag raising ceremony set for June 1
Mayor, council members to participate
D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs is inviting the LGBTQ community and friends to attend the city’s annual Pride flag raising ceremony scheduled for 4 p.m. Monday, June 1, outside the John Wilson Building that serves as the D.C. City Hall.
Like in prior years, members of the D.C. Council and officials with the Office of LGBTQ Affairs were expected to join Bowser in delivering remarks on the front entrance steps at the Wilson Building before raising the Pride flag atop one of the tall flagpoles next to the building’s entrance.
Gaby Vincent, a spokesperson for the LGBTQ Affairs Office, said attendees of the flag raising ceremony will be invited to attend a reception immediately following the ceremony in the main lobby of the Wilson Building, which is located on Pennsylvania Avenue at 14th Street, N.W.
She said the reception will feature a DJ, dancing, and refreshments provided by the D.C. LGBTQ bar and café Spark Social House.
Vincent said the flag raising event will also mark the 20th anniversary of the opening of the D.C. Mayor’s Office of LGBTQ Affairs.
In its official announcement of the flag raising event the LGBTQ Affairs Office also announced it is hosting the 7th annual District of Pride Showcase event to be held Friday, June 17, at 7 p.m. at the Lincoln Theater.
The announcement says LGBTQ community members, families, and allies are also invited to walk with Bowser in the Capital Pride Parade scheduled for Saturday, June 20. It says the mayor’s parade contingent will assemble at 2 p.m. at the parade’s starting location at 14th and U Streets, N.W.
“As we also celebrate the 20th anniversary of the Mayor’s Office of LGBTQ Affairs, we invite residents, community members, families and allies to join us throughout June for moments of pride, connection, visibility, and joy,” the announcement says.
District of Columbia
‘Queer Love’ campaign launched to address domestic violence
D.C. event set for LGBTQ+ Domestic Violence Awareness Day on May 28
The D.C.-based Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth, announced earlier this month that it has joined partner organizations to launch a Queer Love Shouldn’t Hurt campaign aimed at addressing domestic violence within the LGBTQ community.
In a May 18 statement, the Alston Foundation said the campaign involves a public awareness initiative leading up to LGBTQ+ Domestic Violence Awareness Day scheduled for May 28.
“Domestic and family violence in LGBTQ+ communities is real and too often invisible,” Cesar Toledo, the Alston Foundation’s executive director, said in the statement. “As a community, we do not talk about it enough, and that silence can leave survivors feeling isolated and alone,” he said. “We must break that silence.”
He added that culturally competent care for those impacted by domestic violence is available through a newly launched website, queerlove.org, “where people can safely access vital resources, educational toolkits, and support networks they need on their healing journey.”
The website announces one of the project’s first events, a Queer Love Community Social, was scheduled for Thursday, May 28, from 6-8 p.m. at the D.C. LGBTQ+ Community Center at 1827 Wiltberger St., N.W.
“Join us this LGBT+ Domestic Violence Awareness Day for a community social dedicated to visibility and survivor resilience,” the website statement says. “Let’s gather to strengthen our bonds, honor the path to healing, and share free resources,” it says of the May 28 event.
The website also announces a June 1 workshop called Empowering Survivors of LGBTQ+ Intimate Partner Violence, which it says will be presented by Jesse Wedell, an official with the D.C. LGBT+ Counseling Collaborative. The website provides an online form to register for the workshop upon which its location would be disclosed.
It identifies the partner organizations working with the Alston Foundation on the Queer Love Public Awareness Campaign as the LGBT+ Counseling Collaborative, Whitman-Walker Health, the D.C. LGBTQ+ Community Center, and Equality Chamber.
The resources and information provided by the project can be accessed at www.queerlove.org.
District of Columbia
Man accused of threatening to shoot D.C. bar employee after making anti-gay slurs
May 24 incident took place near Black Pride events on U Street
D.C. police on Sunday, May 24, at around 4:20 p.m. arrested a Maryland man for allegedly threatening to shoot an employee while using anti-gay slurs at Ben’s Next Door restaurant and bar at 1211 U St., N.W.
According to a statement released by police and a police incident report, the arrested man, identified as Delonte Fraley, 32, of Accokeek, Md., made the threats after the employee told a bartender not to serve the man alcohol.
“The suspect overheard the employee and threatened to shoot the employee and used homophobic slurs against the employee,” the police statement says. “When the employee left the restaurant for the day, the suspect was standing near the employee’s vehicle,” it says.
“The employee returned to the restaurant and called the police,” the statement continues. “The suspect was apprehended by responding officers,” it says.
The police statement says the arresting officers charged Fraley with Felony Threats (Hate/Bias).
D.C. Superior Court records show prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. criminal cases, escalated the charge to Threatening to Injure or Kidnap a Person (Bias-Related Hate Crime).
The incident occurred during Memorial Day weekend when thousands of visitors and D.C. area LGBTQ advocates and supporters were attending D.C. Black Pride events held in locations across the city, including Black Pride parties hosted by LGBTQ bars in the U Street entertainment area near Ben’s Next Door.
Among the nearby LGBTQ bars hosting D.C. Black Pride events were Nellie’s Sports Bar and Thurst Lounge. Ben’s Next Door is located next to the popular longtime U Street eatery Ben’s Chili Bowl.
Court records show that Judge Robert R. Rigsby at a May 25 presentment hearing released Fraley on personal recognizance with a stay-away order — the details of which were not publicly disclosed pending a June 4 preliminary hearing.
A more detailed arrest affidavit filed in court by D.C. police says Fraley allegedly confronted the employee at Ben’s Next Door with anti-gay slurs on the day prior to his arrest.
“The complainant told the defendant that because he used homophobic slurs towards himself previously on May 23, 2026, and his hostess, as well as making threats to the complainant and calling him a faggot, he was unable to stay in the establishment,” the affidavit states.
It adds, “The defendant became irate stating, ‘I know where your Tesla is at. See me outside faggot, I will slap your ass’ and ‘I will shoot your ass.’” The affidavit says the complainant confirmed to police the Tesla referred to by Fraley was his vehicle. It says as the victim walked toward his car after getting off work, he saw Fraley standing directly in front of the car.
“The complainant stated he felt unsafe while the defendant was standing in front of his vehicle because he felt the defendant was capable of carrying out those threats,” says the affidavit. It says the victim then decided to return to the restaurant and call police without the defendant having seen him.
“The defendant was placed under arrest for Felony Threats Hate/Bias and was transported to the Third District Station for processing,” the affidavit concludes.
It couldn’t immediately be determined whether the victim identifies as LGBTQ or whether any of the Ben’s Next Door patrons had been involved with D.C. Black Pride.
“Established in 2008, Ben’s Next Door is a family-owned and operated restaurant and bar on U Street, Northwest in Washington, D.C.,” a statement on its website says. “As a Black-owned establishment, it’s our goal to deliver a warm, welcoming, familiar, and communal vibe to all guests,” the statement says.
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