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Russian court dismisses ‘foreign agent’ fine against LGBT group

St. Petersburg judge had ordered Coming Out director to pay more than $15,000

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Polina Andrianova, Russia, Coming Out, gay news, Washington Blade
Polina Andrianova, Russia, Coming Out, gay news, Washington Blade

Polina Andrianova of Russian LGBT rights group Coming Out (Photo courtesy of Polina Andrianova)

A Russian appellate court on Wednesday dismissed a lower courtā€™s ruling that fined the director of a St. Petersburg LGBT advocacy group more than $15,000 under the countryā€™s ā€œforeign agentā€ law.

Coming Out said on its website the judge in St. Petersburg found the lower court had relied solely on the prosecutorā€™s charge as opposed to independently establishing whether the organization had violated the 2012 statute that requires groups that receive funding from outside Russia to register as a ā€œforeign agent.ā€ The appellate court also said the deadline to impose the fine against the head of Coming Out had already passed.

Kseniya Kirichenko of Coming Out applauded the ruling in a statement, while acknowledging prosecutors could potentially appeal it.

ā€œWe welcome the fact that there are still judges able to impartially and objectively examine a case against such an ā€˜unpopularā€™ organization as an LGBT rights organization,ā€ Kirichenko said. ā€œWe continue to keep our finger on the pulse, because the prosecution can still protest the judgment.ā€

The ruling comes against mounting outrage over Russiaā€™s gay crackdown and increased anti-LGBT discrimination and violence in the country

Russian President Vladimir Putin in June signed a broadly-worded law that bans gay propaganda to minors. A second statute that bans same-sex couples and anyone from a country in which gays and lesbians can legally tie the knot from adopting Russian children took effect last month.

Police in May arrested 30 LGBT rights advocates who tried to stage a Pride celebration outside Moscow City Hall. Police in St. Petersburg took dozens of activists into custody in June as they tried to hold their own event in support of LGBT rights.

Authorities in Murmansk last month arrested four Dutch LGBT rights advocates who were in the city filming a documentary about gay life in Russia.

Playwright Harvey Fierstein is among those who have called for the U.S. to boycott the 2014 Winter Olympics that will take place in Sochi, Russia, in February over Russiaā€™s gay rights record. Andy Cohen told E! News on Wednesday he declined an invitation to co-host the 2013 Miss Universe pageant that will take place in Moscow in November because ā€œhe didnā€™t feel right as a gay man stepping foot intoā€ the country.

President Obama told Jay Leno during an appearance on ā€œThe Tonight Showā€ last week that he has ā€œno patienceā€ for countries with anti-LGBT laws. The White House, along with retired tennis champion Martina Navratilova and a coalition of LGBT advocacy groups that include Athlete Ally are among those who have said they do not support calls to boycott the Sochi games.

Polina Andrianova of Coming Out told the Washington Blade during an interview on August 9 she feels the ā€œforeign agentā€ law and the ongoing gay crackdown is an attempt to ā€œshut down any kind of possibility for LGBT advocacy.ā€

ā€œThese laws are aimed at driving LGBT people back into silence, back underground, back to the invisibility,ā€ she said. ā€œThatā€™s the whole point of them.ā€

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Politics

After Biden signs TikTok ban its CEO vows federal court battle

ā€œRest assured, we arenā€™t going anywhere,ā€ CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the United States.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: ā€œMake no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,ā€ Chew said. ā€œRest assured, we arenā€™t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the Constitution are on our side, and we expect to prevail,ā€ he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, California Democratic Congressman Adam Schiff, who doesn’t support a blanket ban of the app, told the Blade:

ā€œAs the former chairman of the House Intelligence Committee, I have long worked to safeguard Americansā€™ freedoms and security both at home and abroad. The Chinese Communist Partyā€™s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.ā€

A spokesperson for California U.S. Senator Alex Padilla told the Blade: ā€œSenator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTokā€™s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americansā€™ data privacy and foster continued innovation.ā€

The law, which gives ByteDance 270 days to divest TikTokā€™s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before President Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to to ban TikTok and Chinese-owned WeChat, a unit of Beijing, China-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the State of Montana last year, in a case that saw a U.S. District Court judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platformsā€™ WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ+ TikToker users are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ+ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we arenā€™t one trick ponies and have multiple other platforms built.”

Brooklyn, New York-based Gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it wonā€™t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally Iā€™m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTokā€™s LGBTQ+ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platformā€™s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ+ violence and threats on the platform prompting LGBTQ+ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ+ safety.

Additional reporting by Christopher Kane

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, ā€œPennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because thatā€™s exactly what heā€™s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvaniaā€™s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.ā€ 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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District of Columbia

Bowser budget proposal calls for $5.25 million for 2025 World Pride

AIDS office among agencies facing cuts due to revenue shortfall

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D.C. Mayor Muriel Bowserā€™s proposed 2025 budget includes a request for $5.25 million in funding to support the 2025 World Pride celebration. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowserā€™s proposed fiscal year 2025 budget includes a request for $5.25 million in funding to support the June 2025 World Pride celebration, which D.C. will host, and which is expected to bring three million or more visitors to the city.

The mayorā€™s proposed budget, which she presented to the D.C. Council for approval earlier this month, also calls for a 7.6 percent increase in funding for the Mayorā€™s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the officeā€™s total funding to $1.7 million. The office, among other things, provides grants to local organizations that provide  services to the LGBTQ community.

Among the other LGBTQ-related funding requests in the mayorā€™s proposed budget is a call to continue the annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents ā€œexperiencing homelessness and housing instability.ā€ The budget proposal also calls for a separate allocation of $600,000 in new funding to support a new Advanced Technical Center at the Whitman-Walker Healthā€™s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayorā€™s proposed budget is the HIV/AIDS, Hepatitis, Sexually Transmitted Disease, and Tuberculosis Administration, known as HAHSTA, which is an arm of the D.C. Department of Health. LGBTQ and AIDS activists have said HAHSTA plays an important role in the cityā€™s HIV prevention and support services. Observers familiar with the agency have said it recently lost federal funding, which the city would have to decide whether to replace.

ā€œWe werenā€™t able to cover the loss of federal funds for HAHSTA with local funds,ā€ Japer  Bowles, director of the Mayorā€™s Office of LGBTQ Affairs, told the Washington Blade. ā€œBut we are working with partners to identify resources to fill those funding  gaps,ā€ Bowles said.

The total proposed budget of $21 billion that Bowser submitted to the D.C. Council includes about $500 million in proposed cuts in various city programs that the mayor said was needed to offset a projected $700 million loss in revenue due, among other things, to an end in pandemic era federal funding and commercial office vacancies also brought about by the post pandemic commercial property and office changes.

Bowserā€™s budget proposal also includes some tax increases limited to sales and business-related taxes, including an additional fee on hotel bookings to offset the expected revenue losses. The mayor said she chose not to propose an increase in income tax or property taxes.

Earlier this year, the D.C. LGBTQ+ Budget Coalition, which consists of several local LGBTQ advocacy organizations, submitted its own fiscal year 2025 budget proposal to both Bowser and the D.C. Council. In a 14-page letter the coalition outlined in detail a wide range of funding proposals, including housing support for LGBTQ youth and LGBTQ seniors; support for LGBTQ youth homeless services; workforce and employment services for transgender and gender non-conforming residents; and harm reduction centers to address the rise in drug overdose deaths.

Another one of the coalitionā€™s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Communityā€™s new building, a former warehouse building in the cityā€™s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Centerā€™s plans to move in later this year. The coalitionā€™s budget proposal also calls for an additional $300,000 in ā€œrecurringā€ city funding for the LGBTQ Center in subsequent years ā€œto support ongoing operational costs and programmatic initiatives.ā€

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Centerā€™s new building last year but was unable to provide additional funding requested by the budget coalition for the LGBTQ Center for fiscal year 2025.

ā€œWeā€™re still in this with them,ā€ Bowles said. ā€œWeā€™re still looking and working with them to identify funding.ā€

The total amount of funding that the LGBTQ+ Budget Coalition listed in its letter to the mayor and Council associated with its requests for specific LGBTQ programs comes to $43.1 million.

Heidi Ellis, who serves as coordinator of the coalition, said the coalition succeeded in getting some of its proposals included in the mayorā€™s budget but couldnā€™t immediately provide specific amounts.  

ā€œThere are a couple of areas I would argue we had wins,ā€ Ellis told the Blade. ā€œWe were able to maintain funding across different housing services, specifically around youth services that affect folks like SMYAL and Wanda Alston.ā€ She was referring to the LGBTQ youth services group SMYAL and the LGBTQ organization Wanda Alston Foundation, which provides housing for homeless LGBTQ youth.

ā€œWe were also able to secure funding for the transgender, gender non-conforming workforce program,ā€ she said. ā€œWe also had funding for migrant services that weā€™ve been advocating for and some wins on language access,ā€ said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and arenā€™t fluent in speaking English.

Ellis said that although the coalitionā€™s letter sent to the mayor and Council had funding proposals that totaled $43.1 million, she said the coalition used those numbers as examples for programs and policies that it believes would be highly beneficial to those in the LGBTQ community in need.

 ā€œI would say to distill it down to just we ask for $43 million or whatever, thatā€™s not an accurate picture of what weā€™re asking for,ā€ she said. ā€œWeā€™re asking for major investments around a few areas ā€“ housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,ā€ she said. ā€œItā€™s not like a narrative about the dollar amounts. Itā€™s more like where weā€™re trying to go.ā€

The Blade couldnā€™tā€™ immediately determine how much of the coalitionā€™s funding proposals are included in the Bowser budget. The mayorā€™s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

ā€œAs for specific funding levels for programs that may impact the LGBTQ community, such as individual health programs through the Department of Health, it is too soon in the budget process to determine potential adjustments on individual programs run though city agencies,ā€ Gleick said.

But Bowles said several of the programs funded in the mayorā€™s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budgetā€™s proposal for an increase of $350,000 in funding for senior villages operated by local nonprofit organizations that help support seniors. Asked if that type of program could help LGBTQ seniors, Bowles said, ā€œAbsolutely ā€“ thatā€™s definitely a vehicle for LGBTQ senior services.ā€

He said among the programs the increased funding for the mayorā€™s LGBTQ Affairs office will support is its ongoing cultural competency training for D.C. government employees. He said he and other office staff members conduct the trainings about LGBTQ-related issues at city departments and agencies.

Bowser herself suggested during an April 19 press conference that local businesses, including LGBTQ businesses and organizations, could benefit from a newly launched city ā€œPop-Up Permit Programā€ that greatly shortens the time it takes to open a business in vacant storefront buildings in the downtown area.

Bowser and Nina Albert, D.C. Deputy Mayor for Planning and Economic Development, suggested the new expedited city program for approving permits to open shops and small businesses in vacant storefront spaces could come into play next year when D.C. hosts World Pride, one of the wordā€™s largest LGBTQ events.

ā€œWhile we know that all special events are important, there is an especially big one coming to Washington, D.C. next year,ā€ Bowser said at the press conference. ā€œAnd to that point, we proposed a $5.25 million investment to support World Pride 2025,ā€ she said, adding, ā€œItā€™s going to be pretty great. And so, weā€™re already thinking about how we can include D.C. entrepreneurs, how weā€™re going to include artists, how weā€™re going to celebrate across all eight wards of our city as well,ā€ she said.

Among those attending the press conference were officials of D.C.ā€™s Capital Pride Alliance, which will play a lead role in organizing World Pride 2025 events.

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