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Senate bill would force D.C. marriage referendum

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Rep. Jason Chaffetz (DC Agenda photo by Michael Key)

Nine U.S. senators have agreed to introduce a bill that would prohibit D.C. from allowing same-sex marriages to be performed in the city until voters are allowed to decide the issue through a referendum or initiative.

The National Organization for Marriage, which opposes same-sex marriage, issued a statement Tuesday announcing the senators’ plans to introduce the legislation in the next few days. The statement says the bill will be similar to the one introduced last month in the House by Rep. Jason Chaffetz (R-Utah).

“An out-of-control city council tried to do an end run around the D.C. Charter, refusing to recognize the rights of D.C. voters to file an initiative petition on marriage,” said NOM Executive Director Brian Brown in the statement, which urges same-sex marriage opponents to call on Congress to pass the bill.

“Regardless of where your representatives stand on same-sex marriage, tell them that we ought not to stand for this sort of government abuse against the residents of the nation’s capital,” Brown said in the statement.

A same-sex marriage bill passed by the D.C. City Council and signed by Mayor Adrian Fenty in December is undergoing its required congressional review. Most political observers predict that Democratic leaders in the House and Senate will block attempts to derail the bill before the congressional review is completed in early March.

NOM identified the nine lawmakers expected to introduce and co-sponsor the bill calling for a D.C. marriage referendum as Sens. Robert Bennett (R-Utah), Jim Bunning (R-Ky.), John Cornyn (R-Texas), Mike Enzi (R-Wyo.), James Inhofe (R-Okla.), Pat Roberts (R-Kan.), David Vitter (R-La.), and Roger Wicker (R-Miss.).

Chaffetz’s House version of the bill has only one co-sponsor, Rep. Jim Jordan (R-Ohio).

A “findings” section in Chaffetz’s bill says, “The unelected District of Columbia Board of Elections & Ethics and the unelected District of Columbia Superior Court thwarted the residents’ initiative effort to define marriage democratically, holding that the initiative amounted to discrimination prohibited by the District of Columbia Human Rights Act.”

The bill also says, “Notwithstanding any other provision, including the District of Columbia Human Rights Act, the government of the District of Columbia shall not issue a marriage license to any couple of the same sex until the people of the District of Columbia have the opportunity to hold a referendum or initiative on the question of whether the District of Columbia should issue same-sex marriage licenses.”

Congressional Delegate Eleanor Holmes Norton (D-D.C.) said last week she received assurances from House and Senate Democratic leaders that Chaffetz’s bill — or a similar bill in the Senate — would die in committee.

Norton said Democratic leaders, along with rank and file Democrats and some Republicans, believe D.C. should be allowed to pass its own laws like the 50 states without congressional interference.

Same-sex marriage advocates in the city have defended a city law prohibiting proposed bills or laws protecting the rights of minorities from being subjected to a popular vote. African American LGBT activists have said the black civil rights bills of the 1960s and 1970s would likely have gone down to defeat in many parts of the country if they were subject to an initiative or referendum.

“We should never underestimate our opponents and we will continue to work with our allies in the Senate to protect marriage equality in the District,” said Allison Herwitt, legislative director for the Human Rights Campaign, which is lobbying Congress in support of the same-sex marriage bill.

Peter Rosenstein, a gay Democratic activist, noted the Senate bill “had practically no chance of passage.

“But it is significant for D.C. voters to look at because these are the same Republicans who would deny us a vote in the Congress,” he said. “Their hypocrisy is amazing.”

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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

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The real estate at Rehoboth’s Blue Moon is for sale for $4.5 million. (Washington Blade photo by Michael Key)

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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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

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]

Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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District of Columbia

New queer bar Rush beset by troubles; liquor license suspended

Staff claim they haven’t been paid, turn to GoFundMe as holidays approach

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.

Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.  

The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”

The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED  until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”

ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for  $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.

Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol. 

But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays. 

Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.

He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment. 

As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments. 

A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.

The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.

Mosley on Thursday responded to the reports about his business with a statement on the Rush website. 

He claims that employees were not paid because of a “tax-related mismatch between federal and District records” and that some performers were later paid. He offers a convoluted explanation as to why payroll wasn’t processed after the tax issue was resolved, claiming the bank issued paper checks.

“After contacting our payroll provider and bank, it was determined that electronic funds had been halted overnight,” according to the statement. “The only parties capable of doing so were the managers of the outside investment syndicate that agreed to handle our stabilization over the course of the initial three months in business.”  

Mosley further said he has not left the D.C. area and denounced “rumors” spread by a former employee. He disputes the ABCA assertion that the Rush liquor license was suspended due to a “bounced check.” Mosley ends his post by insisting that Rush will reopen, though he did not provide a reopening date.  

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