Local
Rewind: Week of Feb. 5
Tuesday’s Senate Armed Services Committee hearing on “Don’t Ask, Don’t Tell” was remarkable not only for paving the way for the despicable law’s demise, but for showcasing the two routes conservatives can take moving forward.
One path is that taken by Admiral Mike Mullen, chairman of the Joint Chiefs of Staff. It took him a number of years to get to this juncture, but he has chosen to be on the right side of history, be in touch with the majority of Americans, and do what is right by his fellow soldiers. Mullen, who had been nominated to his post by George W. Bush in 2007, told the Senate committee that he believes “allowing gays and lesbians to serve openly would be the right thing to do.” He confessed, “No matter how I look at the issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens.” He explained that it’s a matter of integrity — “theirs as individuals and ours as an institution.” He clearly meant his own integrity as well.
Then there is the way taken by Sen. John McCain. The Arizona Republican reneged on an earlier promise to heed the military’s top brass on the matter of “Don’t Ask, Don’t Tell.” Now that both the Secretary of Defense and Chairman of the Joint Chiefs of Staff are telling us it’s time to repeal the discriminatory law, McCain throws a hissy fit and refuses to budge. Once known for his “maverick” and independent streak, it appears that he has lost his better qualities. Is he pandering to social conservatives to ensure more years in Washington? Or has he yet to accept his defeat to that young upstart, Obama? Or is he simply clinging on to an order that is fast disintegrating — one in which he and other privileged, wealthy and heterosexual white men hold sway?
McCain, joined by a few of his ilk, defiantly displayed how out of synch he is with most of us. Sen. Saxby Chambliss of Georgia, in particular, uttered inanity that only underscored how divorced these men are from reality. He protested that repealing “Don’t Ask, Don’t Tell” would open the flood gates to “alcohol use, adultery, fraternization, and body art” in the military. I believe it’s a bit too late for that.
In other news, at the National Prayer Breakfast yesterday, Obama finally addressed the maniacal and murderous anti-LGBT fervor gripping Uganda and other African Nations. He said, “We may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are — whether it’s here in the United States or, as [Secretary of State] Hillary [Clinton] mentioned, more extremely in odious laws that are being proposed most recently in Uganda.”
Clinton, who gave the keynote address, had stressed that the administration is “looking to take on religious discrimination and violations of human rights. But we are also standing up for girls and women, who too often in the name of religion are denied basic human rights. And we are standing up for gays and lesbians, who deserve to be treated as full human beings.”
On Monday, newly minted Virginia Gov. Bob McDonnell announced that he had decided to shelve his predecessor’s proposal to allow same-sex partners to be covered under the state’s employee health plan. The proposal had been developed by outgoing Democratic Gov. Tim Kaine weeks before the god-fearing McDonnell took over the reins of the Old Dominion State. It would have expanded benefits to qualified adults — straight and gay partners, roommates, caregivers, children and other family members — who live in the same house as an insured state employee.
The following day, in neighboring D.C., Republican Sen. Robert Bennett of Utah and eight other GOP senators introduced legislation that would require the District to subject marriage equality to a referendum before issuing marriage licenses to lesbian and gay couples next month. In response, D.C. Del. Eleanor Holmes Norton said that the Republicans are “disregarding the most basic of American self-government principles.” She argued that “marriage is a fundamental state’s right in the District as elsewhere in America, not a political football to be used or abused to score points back home at the expense of the people of the District, and of democratic principles.”
And while many of us were riveted on the “Don’t Ask, Don’t Tell” hearing, the U.S. Tax Court quietly issued a long-awaited decision in a case that has very positive consequences for transgender people. In O’Donnabhain v. Commissioner of Internal Revenue, the court ruled that treatment for gender identity disorder qualifies as medical care under the Internal Revenue Code, and that medical treatments for GID, including surgery and hormone therapy, are therefore deductible.
Karen Loewy of Gay & Lesbian Advocates and Defenders, which represented the plaintiff, celebrated the verdict.
“This decision treats Rhiannon O’Donnabhain the way she deserves to be treated — like any hard-working American taxpayer with medical expenses.” She pointed out that “this has been a no-brainer. Every mainstream medical authority from the American Psychiatric Association to the National Institutes of Health recognizes the legitimacy of providing medical care for transgender people. Dismissing these medical expenses as illegitimate and not deductible was discrimination, pure and simple.”
On Wednesday, Maryland lawmakers rejected an effort by their own to prohibit the state from recognizing same-sex marriages lawfully performed elsewhere. Del. Emmett Burns Jr., a Democrat and minister, had proposed the bill as a pre-emptive strike against an anticipated legal opinion the state’s attorney general has been working on. It has been predicted that the attorney general will allow same-sex marriages to be recognized in Maryland, following the state’s legal tradition of recognizing unions, including common-law marriages, which are illegal in Maryland but lawful elsewhere. Same-sex marriage is still not legal in the state.
Finally this week, thousands of lesbian, gay, bisexual and trans activists and straight allies gather in Dallas for Creating Change 2010, the National Conference on LGBT Equality organized by the National Gay & Lesbian Task Force. In attendance are young and old activists and advocates, organizers and activists of color, public officials and other LGBT leaders. Its primary goal is “to build our movement’s political power from the ground up to secure our overarching goal of full equality, social justice and dignity for lesbian, gay, bisexual and transgender people in the United States.”
Unlike McCain and his friends, these people are not wealthy, privileged and powerful men cocooned in Washington, shaking their fists against welcome change. These ordinary Americans are acting with more wisdom, courage and integrity than the senators, leading the way to our shared future in which the next generation of conservatives, liberals and independents will wonder what the fuss was all about.
Erwin de Leon blogs for DC Agenda. You can follow him on Twitter at @ErwindeLeon.
District of Columbia
Judge issues revised order in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
A D.C. Superior Court judge on April 30 reinstated an anti-stalking order requested by the Capital Pride Alliance against local gay activist Darren Pasha based on allegations that Pasha engaged in a year-long effort to harass, intimidate, and stalk the organization’s staff, board members, and volunteers.
The reinstated order by Judge Robert D. Okun followed an April 17 court hearing in which he rescinded a similar order he initially approved in February on grounds that more evidence was needed to substantiate the need for the order.
At the time he rescinded the earlier order he scheduled an evidentiary hearing for April 29 at which three Capital Pride staff members testified in support of the anti-stalking order. But Okun discontinued the hearing after Pasha, who was representing himself without an attorney, announced he was willing to accept a revised, less restrictive temporary restraining order.
The judge said Pasha’s decision to accept a restraining order made it no longer necessary to continue the evidentiary hearing. He then asked Capital Pride and Pasha to submit their suggested revisions for the order which they submitted a short time later.
The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a civil complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride staff, board members, and volunteers. It includes a 167-page addendum of “supporting exhibits” that includes multiple statements by unidentified witnesses.
Pasha, who has represented himself without an attorney, has argued in multiple court filings and motions that the stalking allegations are untrue. In his initial court response to the complaint, he said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.
Similar to his earlier anti-stalking order against Pasha, Okun’s reissued order on April 30 states, a “Temporary Anti-Stalking Order is GRANTED, effective immediately and remaining in effect until further order of the Court or final disposition of this matter.”
It adds, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communication, or any other means.”
Unlike the earlier order, which did not identify the “protected persons” by name, the latest order includes a list of 34 people, 13 of whom are Capital Pride staff members or volunteers, including CEO Ryan Bos and Chief Operating Officer June Crenshaw. The other 21 people listed are identified as Capital Pride board members, including board chair Anna Jinkerson.
Possibly because Pasha addressed this in his suggested version of the order, the judge’s revised order says Pasha is allowed to visit the D.C. LGBTQ+ Community Center, where the Capital Pride office is located, if he gives the community center a 24 hour advance notice that he will be visiting the center, which hosts many events unrelated to Capital Pride. The earlier order required him to stay at least 100 feet away from the Capital Pride office.
The new order also prohibits Pasha from attending 21 named events that Capital Pride Alliance either organizes itself or with partner organizations that were scheduled to take place from April 30 through June 21. The order says he is allowed to attend the two largest events, the June 20 Pride Parade and the June 21 Pride Festival and Concert, in which 500,000 or more people are expected to attend.
It says Pasha is also allowed to attend the June 15 Pride At The Pier event organized by the Washington Blade.
But for those three events the order says he is restricted from entering “ticketed and controlled access areas.”
At the April 29 court hearing, Okun also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the civil complaint case brought by Capital Pride without going to trial.
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
Rehoboth Beach
Rehoboth’s Blue Moon sold; new owners to preserve LGBTQ legacy
‘They don’t want to change a thing’
The iconic Blue Moon restaurant and bar in Rehoboth Beach, Del., has been sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan.
Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1.
“They don’t want to change a thing,” Ragan said. “They’re local people, they live here. Dale worked his first job at Dolle’s.”
Ragan and Haney did not sell the business, only the real estate. The deal includes a 10-year lease with renewal options under which Ragan and Haney will continue to operate the Moon. He noted that the couple could opt to sell the business at any time.
“It’s going really well so I’m not in any hurry,” Ragan told the Blade. “It’s hard to run a business and manage a property that’s 120 years old — now someone else has to fix the air conditioning. Our responsibility will be to run the business.”
Ragan offered reassurances that the Moon will continue to be a gay-friendly destination.
“Dale’s comment was that Rehoboth has been good to us and we just want to give back. The Moon is part of Rehoboth’s history and we want to preserve that.”
He said there are no immediate changes planned for the structure, apart from a new roof in the atrium that was damaged in a hail storm. Ragan noted that the property comes with several apartment rental licenses that they have never exercised and the new owners may decide to rent those out.
The Blue Moon business, at 35 Baltimore Ave., dates to 1981 and is an integral part of Rehoboth’s LGBTQ community, hosting countless entertainment events, drag shows, and more over 45 years. Local residents have celebrated birthdays, anniversaries, weddings, and other special occasions in the acclaimed restaurant.
The two buildings associated with the sale were 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 were listed for $4.5 million. The bar and restaurant business were being sold separately.
But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer had been found but the sale was not yet final.
Ragan said the issue was the parties couldn’t resolve how much was owed due to a disagreement with the bank. “We didn’t owe $3 million,” he said. “We said we’re not paying any more until we sell.”
The sale contract was written five months ago. It took three attorneys to get a payoff amount agreed to by the bank, he added.
“No one wanted to buy both things. We now have a longterm lease. We couldn’t be happier.”
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