Local
Dan Choi convicted in White House protest case
Former Army Lt. breaks down in courtroom, vows to appeal verdict
Choi supporters Diane Olson and Robin Tyler of Los Angeles (left) and Mariam Ben-Shalom of Milwaukee (front right) join Choi (center) in a rally outside the courthouse. Supporters, who packed the courtroom, gave Choi a standing ovation when the trial ended. (Washington Blade photo by Lou Chibbaro, Jr.)
A federal judge on Thursday found gay former Army Lt. Dan Choi guilty of a misdemeanor offense of disobeying a lawful order by police to disperse from the White House fence during a November 2010 protest against “Don’t Ask, Don’t Tell.”
U.S. District Court Magistrate Judge John Facciola issued his verdict and sentenced Choi to a $100 fine on the last day of a non-jury trial in a case that has dragged on for two-and-a-half years.
Choi and 12 others had handcuffed themselves to the White House fence at a time when the activists said President Obama and Congress weren’t doing enough to advance legislation to repeal the “Don’t Ask, Don’t Tell” law that barred gays from serving openly in the military.
The verdict and sentence came after an emotionally distraught Choi broke down and cried repeatedly during the five-hour court session on Thursday as more than 50 friends and supporters, many of whom came from throughout the country, looked on in a packed courtroom.
Choi began the day’s activities by leading a contingent of supporters to the White House, where they stood at the site of the White House fence before walking about a mile to the courthouse.
He and several of his supporters who are military veterans arrived at the courthouse wearing their military uniforms.
“I apologize for my emotions but I don’t apologize for my humanity,” Choi told Facciola as he represented himself without an attorney.
When Facciola pronounced Choi guilty beyond a reasonable doubt, Choi replied that he would appeal the verdict. When the judge announced the sentence would be limited to a $100 fine, which many of Choi’s supporters considered a rebuke to prosecutors, Choi shouted, “I refuse to pay it…Send me to jail.”
“You have a right to appeal,” Facciola said before adjourning the trial without responding to Choi’s assertion that he would not pay the fine.
“This trial began in August 2011 and was suspended, and what do you think Dan was doing for the next two years,” asked Choi’s friend, former Army Capt. James Pietrangelo, an attorney who provided Choi with legal help. “This case was basically crushing him to death. And you saw the result of his mental state in there today.”
Pietrangelo told supporters before the trial resumed on Thursday that Choi was struggling with a recurring bout of post-traumatic stress disorder. Choi has said in media interviews that the stress disorder stemmed from his combat duty in the Iraq war, where he served as an Arabic linguist and field engineer.
Choi emerged as a nationally recognized advocate for the repeal of DADT in 2009, when he came out as gay in an interview on the Rachel Maddow show while a member of the Army Reserves. Army authorities discharged him under “Don’t Ask, Don’t Tell” a short time later.
Pietrangelo and other supporters of Choi have rallied behind Choi’s decision to fight what he has said was an effort by prosecutors, at the behest of the White House, to single him out for a harsher prosecution because of his criticism of the Obama administration on the “Don’t Ask, Don’t Tell” issue.
Choi and his lawyers argued during the first week of the trial in August 2011 that prosecutors charged him and the other 12 protesters who handcuffed themselves to the White House fence under a federal rather than local D.C. regulation that carried a maximum sentence of six months in jail and $5,000 fine.
In nearly all previous civil disobedience arrests at the White House, protesters have been charged under a D.C. municipal regulation that carries no jail time and a small fine similar to a parking ticket, Choi’s attorneys argued.
Choi was the only one of the 13 people arrested in the November 2010 White House protest that did not agree to plead guilty to the charge in exchange for having the case dismissed if they weren’t arrested again at the White House within a four-month period.
Assistant United States Attorney Angela George, the lead prosecutor in the case, said during her closing arguments on Thursday that Choi’s political beliefs were irrelevant to the prosecution.
At an earlier stage of the trial she said prosecutors chose to charge Choi under the stricter federal regulation because he had two prior arrests at the White House related to protests against DADT, and the government has the discretion to adjust its charges for repeat offenders.
Observers of the early stage of Choi’s trial considered Facciola to be sympathetic to Choi’s contention that he was targeted for “selective” and “vindictive” prosecution because of his criticism of the Obama administration over DADT. In an important procedural ruling during the first week of the trial in August 2011, Facciola found that Choi and his lawyers presented sufficient evidence to move ahead with a vindictive prosecution defense.
But in a development considered highly unusual, prosecutor George filed a motion for a Writ of Mandamus to contest Facciola’s ruling. Following a special hearing on the issue, U.S. District Court Chief Judge Royce Lamberth overruled Facciola, ordering him not to allow Choi to pursue a vindictive or selective prosecution defense.
Choi and his attorneys responded by appealing Lamberth’s action to the U.S. Court of Appeals, putting in motion additional court hearings while the trial itself was put on hold.
After losing the appeal, Choi dismissed his lawyers, who had been providing pro bono representation, and announced he would represent himself going forward in an action known as pro se representation.
Over the past several months, Choi — with help from lawyers behind the scenes — introduced a flurry of procedural motions that Facciola denied. Choi also filed subpoenas to call 21 government and law enforcement officials, including Secret Service agents, to testify at the trial as defense witnesses. Facciola granted a series of motions by prosecutor George to quash the subpoenas for nearly all of the witnesses Choi sought to call.
At the trial on Thursday, Choi called just four witnesses, two U.S. Park Police officers who played a role in his arrest at the White House fence and two people who supported his defense – lesbian former Army Sgt. Mariam Ben-Shalom and Rev. C.T. Vivian, a nationally recognized civil rights leader and colleague of Rev. Martin Luther King Jr. during the 1960s civil rights movement.
Choi asked Vivian on the witness stand about his philosophy on civil rights and what he thought about Choi’s arrest at the White House. Vivian acknowledged that he was not present at the protest in which Choi was arrested and could not offer an opinion.
“As far as I’m concerned, you were there in my heart,” Choi told him.
Ben-Shalom, who was among the protesters arrested with Choi at the 2010 White House protest, testified that she supports Choi’s First Amendment right to participate in such a protest.
Choi questioned U.S. Park Police Lt. Robert LaChance and Park Police Sgt. Timothy Hodge, who he called as witnesses to discuss the procedures and actions surrounding Choi’s arrest at the White House protest. Both played a role in Choi’s arrest. In response to Choi’s questions, the two said they did not single out Choi for his political beliefs and had no knowledge of whether higher ups at the Park Police sought to target Choi or any of the other protesters for their political views related to DADT.
Choi also pressed the officers on what he has claimed all along – that the order by police directed the protesters to leave the sidewalk in front of the White House when Choi and some of the others were standing on a ledge to which the White House fence is attached. In what Choi and his supporters acknowledge is a technicality, Choi has argued that he could not be legally charged with disobeying an order to leave the sidewalk if he was not on the sidewalk when the order was issued.
Facciola, however, said when handing down his verdict that prosecutor George established sufficient evidence through police witnesses that the order called on Choi and the other protesters to leave the area of the fence, not just the sidewalk.
One of the most dramatic moments of Thursday’s trial session came when Choi played a video, while LaChance was on the witness stand, of the 2009 interview of Choi by Rachel Maddow, in which Choi came out as gay. He said the video would provide evidence helpful to his case.
But with the lights dimmed in the courtroom and the video playing on several screens, Choi began to sob uncontrollably before shouting to the judge, “The defense rests!” He then called on Facciola to immediately begin the closing arguments for the trial.
Facciola responded by calling a recess for lunch, prompting Choi to lie on the courtroom floor yelling and cursing. At Facciola’s orders, two U.S. Marshals lifted Choi from the floor, carried him out of the courtroom and into an elevator. It couldn’t immediately be determined where they took Choi.
But when the trial resumed about two hours later, Choi returned to the courtroom with Ben-Shalom helping him walk. After George delivered her closing argument, Choi delivered a 40-minute closing argument in which he discussed his views on civil rights, religion, the First Amendment, the Iraq war and strife between Iraq’s Shiite and Sunni Muslim factions, among other topics that Choi said touched on his theme of justice and equality.
At various times during the trial and in his closing argument Choi spoke in Arabic.
“The lesson we learned today is we need to start taking care of our activists who are willing to stand up and fight back against injustice,” Ben-Shalom said after the trial ended. “Today we have as pure an example as I can ever come up with about the toll it takes on a human being to stand up and fight back,“ she said.
In addition to Ben-Shalom and Pietrangelo, out-of-town activists who came to the courthouse to support Choi were Ian Finkenbinder of Seattle and Michael Bedwell of San Francisco, who were among those who were arrested with Choi at the 2010 White House protest; marriage equality activists Robin Tyler and Diane Olson of Los Angeles; and California activist Robin McGehee, co-founder of the national LGBT direct action group GetEqual.
Dan Choi and other ‘Don’t Ask, Don’t Tell’ repeal activists handcuffed themselves to the White House fence in 2010. (Washington Blade file photo by Michael Key)
District of Columbia
Reasons to be optimistic about 2026
Local thought leaders offer hope for the New Year
It was a year like no other. It began with Donald Trump’s inauguration in January 2025 and included a takeover of D.C. police, ICE raids, challenges for the local economy, and other events that have many queer Washingtonians ready for 2026.
As we prepare to welcome the New Year, the Blade asked a range of local thought leaders about what makes them optimistic for 2026. Here are their responses.
June Crenshaw
Deputy Director, Capital Pride Alliance
What gives me optimism for 2026 is the way our LGBTQIA2S+ community supports one another – across identities, neighborhoods, and movements – and because we continue to build our collective powers; we demand and create safer, more inclusive spaces.
Zachary Parker
Ward 5 DC. Council member
I’m optimistic about the upcoming elections and the District’s continued fight for local autonomy. One thing I know for sure is that Washingtonians are tough and persistent, and we’re ready to face any challenge as we keep fighting for D.C. statehood.
Sister Jeannine Gramick
Co-founder of LGBTQ supportive New Ways Ministry
As a nun who thinks politically about the Catholic Church, I’m extremely optimistic that Pope Leo XIV will continue to welcome LGBTQ people. At the conclave, most cardinals knew Pope Francis had (then) Cardinal Proost in mind!
Adam Ebbin
Virginia State Senator representing parts of Arlington, Alexandria, and Fairfax Counties
I am excited about 2026 bringing the return of the pro-equality governor to Virginia. I believe that Abigail Spanberger will be a champion for LGBT people and it will also be the year that we can finally pass the necessary legislation to send a constitutional amendment to the voters that would guarantee marriage equality in the Virginia Constitution.
Howard Garrett
President, Capital Stonewall Democrats
In 2026, our community can be optimistic because we’ve proven, again and again, that when we organize, we win: at the ballot box, in the courts, and in our neighborhoods. Even amid challenge, LGBTQ+ Washingtonians and our allies are building stronger coalitions, electing champions, and advancing real protections that make daily life safer and more affirming for everyone.
Paul Kuntzler
D.C. LGBTQ activist since the early 1960s, co-founder of Capital Stonewall Democrats
Last Nov. 4, 11 states held elections and Democrats won almost all of the elections. Next Nov. 3, 2026, Democrats will win control of both the House and Senate …An Economist poll reported that 15 percent to 20 percent of those who voted for Trump no longer support him. The results of the elections of Nov. 3, 2026, will be the beginning of the end of Trump and his racist and criminal regime.
Kelley Robinson
President, Human Rights Campaign
This past year has brought relentless attacks against the LGBTQ+ community, but it has also shown the resiliency of queer folks. While this administration has worked tirelessly to oppress us, we’ve met that oppression with courage. As we step into 2026, my hope is that we carry that energy forward and continue protecting one another, fighting back against injustice, and celebrating queer joy. If 2026 is anything like 2025, we know the challenges will be intense, but our community is more determined than ever to meet hate with resilience, and to turn struggle into strength.
Freddie Lutz
Owner, Freddie’s Beach Bar in Arlington and Rehoboth Beach
I am optimistic that the current president will fulfill his promise to boost the economy. We are all suffering – businesses in D.C. I just read it is 17 to 18 percent down. And I’m hoping the president will boost the economy. I always try to remain optimistic.
Nicholas F. Benton
Owner & Editor, Falls Church News-Press
My optimism stems from my belief in the human capacity and generosity of spirit. Those who are committed to those qualities will find a way.
Richard Rosendall
Former president, D.C. Gay & Lesbian Activists Alliance
MAGA efforts to demonize LGBTQ people are dangerous but will fail overall because understanding and acceptance have grown and endured. The blue wave in November 2026 will show this.
TJ Flavell
Organizer, Go Gay DC
Hope springs eternal. Nurturing your own wellness is vital to the New Year, including enjoying social and cultural activities through such groups as Go Gay DC – Metro DC’s LGBTQ Community. Also, 2026 ushers in a new tax deduction for charitable giving. Check the IRS website for details. You can make a positive impact in the New Year by supporting good charitable causes like the D.C. LGBTQ+ Community Center, a safe, inclusive, and affirming space where all members of our community can thrive.
Rayceen Pendarvis
Leader of Team Rayceen D.C. LGBTQ support organization
I have experienced many trials and tribulations in my lifetime, throughout which my spirit has enabled me to find peace despite the turbulence around me. Being optimistic allows me to be a beacon of light for those who may be lost in the darkness.
Zar
Team Rayceen organizer
My reason for optimism is this: death. Life is a cycle of time, change, and destruction. Everything is impermanent; the time any person rules is finite and eventually all empires end.
DJ Honey
Team Rayceen supporter
Despite the noise, I see 2026 as a year where queer people continue choosing community over isolation. Even when challenged, our culture keeps evolving. We are more visible, more creative and intentional about building spaces that protect each other and center joy without asking permission.
Nick Tsusaki
Owner, Spark Social House, D.C. LGBTQ café and bar
I’m optimistic for 2026 because it feels like the tide is turning and we’re coming together as a community.
District of Columbia
Rush reopens after renewing suspended liquor license
Principal owner says he’s working to resolve payroll issue for unpaid staff
The D.C. LGBTQ bar and nightclub Rush reopened and was serving drinks to customers on Saturday night, Dec. 20, under a renewed liquor license three days after the city’s Alcoholic Beverage and Cannabis Board suspended the license on grounds that Rush failed to pay a required annual licensing fee.
In its Dec. 17 order suspending the Rush liquor license the ABC Board stated the “payment check was returned unpaid and alternative payment was not submitted.”
Jackson Mosley, Rush’s principal owner, says in a statement posted on the Rush website that the check did not “bounce,” as rumors circulating in the community have claimed. He said a decision was made to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to pay a lower price for a one-year payment.
“Various fees and fines were added to the amount, making it necessary to replace the stop-payment check in person – a deadline that was Wednesday despite my attempts to delay it due to these circumstances,” Mosley states in his message.
He told the Washington Blade in an interview inside Rush on Saturday night, Dec. 20, that the Alcoholic Beverage and Cannabis Administration (ABCA) quickly processed Rush’s liquor license renewal following his visit to submit a new check.
He also reiterated in the interview some of the details he explained in his Rush website statement regarding a payroll problem that resulted in his employees not being paid for their first month’s work at Rush, which was scheduled to take place Dec. 15 through a direct deposit into the employees’ bank accounts.
Several employees set up a GoFundMe appeal in which they stated they “showed up, worked hard, and were left unpaid after contributing their time, labor, and professional skills to Rush, D.C.’s newest LGBTQ bar.”
In his website statement Mosley says employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involves the IRS. He said the IRS was using his former company legal name Green Zebra LLC while D.C. officials are using his current company legal name Rainbow Zebra LLC.
“This discrepancy triggered a compliance hold within our payroll system,” he says in his statement. “The moment I became aware of the issue, I immediately engaged our payroll provider and began working to resolve it,” he wrote.
He added that while he is the founder and CEO of Rush’s parent and management company called Momentux, company investors play a role in making various decisions, and that the investors rather than he control a “syndicated treasury account” that funds and operates the payroll system.
He told the Blade that he and others involved with the company were working hard to resolve the payroll problem as soon as possible.
“Every employee – past or present – will receive the pay they are owed in accordance with D.C. and federal law,” he says in his statement. “That remains my priority.”
In a follow-up text message to the Blade on Sunday night, Dec. 21, Mosley said, “All performers, DJs, etc. have been fully paid.”
He said Rush had 21 employees but “2 were let go for gross misconduct, 2 were let go for misconduct, 1 for moral turpitude, 2 for performance concerns.” He added that all of the remaining 14 employees have returned to work at the time of the reopening on Dec. 20.
Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14th Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker.
With at least a half dozen or more LGBTQ bars located within walking distance of Rush in the U Street entertainment corridor, Mosley told the Blade he believes some of the competing LGBTQ bars, which he says believe Rush will take away their customers, may be responsible along with former employees of “rumors” disparaging him and Rush.
Rehoboth Beach
Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands
$4.5 million listing includes real estate; business sold separately
Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.
Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million.
The bar and restaurant business is being sold separately; the price has not been publicly disclosed.
But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment.
“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
He said there have been many inquiries and they’ve considered some offers but nothing is firm yet.
Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.
“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.
You can view the real estate listing here.
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Rush reopens after renewing suspended liquor license
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