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Gay mayor-elect vows to ‘clean up’ Atlantic City

Republican beat incumbent with support from Democrats

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Don Guardian, Atlantic City, Republican Party, gay news, Washington Blade
Don Guardian, Atlantic City, Republican Party, gay news, Washington Blade

Don Guardian shocked Atlantic City’s political establishment by defeating the Democratic incumbent earlier this month. (Photo courtesy of Guardian)

Don Guardian said he never became involved in politics until recently when he “got fed up with how bad things were” in his hometown of Atlantic City, New Jersey.

Guardian, 60, a gay Republican, ran for mayor this year in the Nov. 5 election. He shocked Atlantic City’s political establishment by defeating incumbent Mayor Lorenzo Langford, a Democrat, in a city where Democrats outnumber Republicans among registered voters by a nine to one margin.

“I said I thought we needed to bring all of the different groups within Atlantic City together,” Guardian told the Blade. “And that extended to race, color, creed, national origin, political parties, sexual orientation and gender.”

For the past 21 years, Guardian has worked as executive director of the Atlantic City Improvement District, a non-profit corporation recently acquired by the state government that provides services to the city’s tourism district where more than a dozen casinos and upscale hotels are located.

Guardian said he believes he succeeded in defining himself as a good-government reform candidate capable of using his knowledge and experience in running the tourism district to address the longstanding problems plaguing the rest of the city, where most of the residents live.

“From a city standpoint the services are very, very poor,” he said. “From not cleaning the streets or replacing lights, paving roads, maintaining parks and playgrounds, cleaning beaches, maintaining the boardwalk – services that you would expect from a city to be commonplace – are not,” he said.

“And yet we have the third highest budget in the State of New Jersey. Only Newark and Jersey City are larger than us,” he said. “And we have the largest workforce in the state.”

Added Guardian, “I ran on a platform that I was going to bring those services to the other half of the city that was not receiving them.”

Pointing to his promise to limit his tenure in office to two terms, Guardian said he also “ran on a campaign that I needed eight years to clean up this city, to bring development back, to bring housing back, to bring up the standards, to lower taxes and to reduce crime.”

To the surprise of many of the city’s political observers, he attracted the support of constituency groups that traditionally back Democratic candidates, including a key local labor union and Latino and Asian-Pacific Islander advocacy groups.

Also on his agenda, he said, are plans to strengthen efforts already under way to promote Atlantic City as an entertainment and beach destination in addition to its well-known reputation as a center for casino gambling. With many other states legalizing casino gambling, Atlantic City no longer has an East Coast monopoly on gaming, Guardian said, making it essential that the city “reinvent itself” as a destination with attractions other than gaming.

Among the groups that endorsed Guardian were the International Brotherhood of Electrical Workers, the Latino Leadership Alliance of New Jersey, and the Pakistani-American Muslim Organization of South Jersey.

Guardian said rank-and-file Democrats clearly crossed over to vote for him following what he says was an aggressive grassroots campaign in which he knocked on the doors of more than 3,000 homes to listen to what people’s concerns were.

“There’s no question – Democrats and independents are the reason that I’m the mayor-elect today,” he said. “They provided the majority of my volunteers, the majority of the funding.”

Following a recount and careful examination of mail-in and provisional ballots counted during a 10-day period after the Nov. 5 election, the Atlantic County Board of Elections last week issued its final vote count in the mayoral race.

Guardian received 3,929 votes compared to Langford, who received 3,568 votes, showing Guardian won by a razor-thin 361-vote margin. An independent candidate, John McQueen, received 230 votes.

Although Guardian beat Langford by a close margin, election results show he received 1,032 more votes in Atlantic City than Gov. Chris Christie, who won his statewide re-election bid by a landslide.

In Democratic dominated Atlantic City, Democratic State Sen. Barbara Buono beat Christie, a Republican, by a vote of 4,293 to 2,897. In the statewide vote, Christie trounced Buono by a margin of 60 percent to 38 percent, catapulting him into the national spotlight as a possible presidential candidate in 2016.

Guardian said that although he has yet to meet Christie, the governor initiated policies in his first term to boost economic development efforts in Atlantic City. He said he looks forward to an amicable relationship with the Christie administration.

Most political observers said Langford’s relationship with Christie became strained last year when he and Christie clashed over an evacuation plan for Atlantic City during the onset of Tropical Storm Sandy, which devastated much of the Southern New Jersey coast.

Guardian, in describing himself as a political newcomer, said he was unaware of the existence of the Gay and Lesbian Victory Fund, a national political organization that raises money for openly LGBT candidates running for public office. Had he applied for and received an endorsement from the Victory Fund, he could have received additional financial support for his campaign.

“I have to tell you I was very naïve in not knowing there was such a thing as organized gay, lesbian, transgender support, either financial or otherwise,” he said. “And so no, I never applied and no one contacted me.”

Gregory Angelo, president of the Log Cabin Republicans, said there is no state Log Cabin organization in New Jersey, which prevented Log Cabin from endorsing Guardian under the group’s bylaws.

“I had my eye on this but we were not involved,” Angelo told the Blade. “But the fact that we have an elected gay Republican is a good thing.”

While he had few connections with LGBT organizations, Guardian said he supported LGBT equality during his tenure with the Atlantic City Special Improvement District, which he said adopted its own internal non-discrimination policy for LGBT employees.

As a longtime member and leader of the Rotary Clubs of Southern New Jersey, Guardian said he and his partner of 19 years, Louis Fatato, used the occasion of Guardian’s 2005 induction ceremony as district governor of the Rotary International organization of South Jersey to formally announce they had legally filed for a domestic partnership.

“It was great for us to announce it,” he said. “This was a great day for Rotary and for me personally. I have a domestic partnership and I’m also being inducted as a governor of Rotary International.”

During this year’s mayoral campaign, Guardian said he expressed his support for same-sex marriage in New Jersey in response to a question presented to him and Langford during a candidate debate.

“He said that was a national issue and he was a Christian and everybody has their own views,” said Guardian. “My response was the courts have made it very clear that gay marriage is a civil rights issue and that I would always stand on the right side of civil rights.”

Added Guardian: “In other words, I’m not supporting it because I’m a gay guy. I’m supporting it because the courts have already ruled that New Jersey has to provide gay marriage and that our current domestic partnership is not the same as civil marriage and therefore it had to be changed.”

According to Guardian, Langford never raised Guardian’s sexual orientation directly on the campaign trail in his public statements. But Guardian said a letter that the Langford campaign sent to voters urged voters to ask Guardian about “his unacceptable lifestyle.”

Neither Langford’s office nor his campaign responded to a request from the Blade for comment on this and other issues surrounding the campaign.

Similarly, the Atlantic County Democratic Party Chair, James Schroeder, and the county’s Republican Party Chair, Keith Davis, did not return calls seeking comment on Guardian’s election as mayor. Atlantic City is located within Atlantic County.

Also not responding to calls from the Blade for comment on Guardian’s election were spokespersons for Christie.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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Federal Government

EXCLUSIVE: USAID LGBTQ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.

Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.

Gilliam met with LGBTQ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.

Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.” 

“I really wanted to meet with community members and understand the impacts on them,” he said.

Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.” 

The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.

“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.

“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.

Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.

“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.

Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.

Reported cases of violence and eviction, for example, are higher among gay men and transgender women. Gilliam noted lesbian, bisexual and queer women and trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.  

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.” The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act. 

Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.

Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act. 

Gilliam noted authorities have arrested and charged Ugandans under the law. 

Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.

The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.

“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”

The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ Ugandans with whom he met described the law “as just one moment.” 

“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.” 

Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.

“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.

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Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

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Washingtonporn Blade graphic

Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.

Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography. 

A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional. 

“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”

While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements. 

Texas users are greeted with this notice.

The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as “ineffective, haphazard, and dangerous.” The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.

Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.

The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMV’s Wallet app, which contains a mobile driver’s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driver’s licenses or other methods.

The Associated Press reported this past October that an adult entertainment group’s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.

Texas users are greeted with this notice.

Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.

“As you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.”

“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”

“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” the message ends with.

The company previously blocked Utah on May 7, 2023. CNN reported at the time:

Affected users are shown a message expressing opposition to Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.

“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.”

Courthouse News reported that after Virginia’s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.  

“We passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”

Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EU’s executive branch.

They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.

In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.

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