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Fenty leads Gray by 6 points in Blade poll

Small sample hints at gay vote in D.C. mayor’s race

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Mayor Adrian Fenty leads his primary opponent D.C. City Council Chair Vincent Gray in an unscientific straw poll of LGBT voters the Blade conducted during Capital Pride. (Washington Blade photos by Michael Key)

Participants in an unscientific straw poll conducted by the Washington Blade at the Capital Pride street festival June 13 said they would vote for D.C. Mayor Adrian Fenty over his chief rival, City Council Chairman Vincent Gray, 40.7 percent to 33.8 percent.

The poll shows Fenty with a 6.9 percent lead among the 145 mostly LGBT festival attendees that participated in the poll.

But nearly 25 percent of the straw poll participants indicated they had yet to decide who would get their vote for mayor in the Sept. 14 Democratic primary. Because the overwhelming majority of D.C. voters are registered Democrats, the primary almost always predicts the winner in the November general election.

Mayoral contender Leo Alexander, a former TV news anchor who supports bringing the city’s same-sex marriage law before voters in a ballot initiative, received support from less than 1 percent of the straw poll respondents. Eight other, lesser-known mayoral candidates received no votes in the straw poll.

In the hotly contested race for City Council chairman, respondents in the Blade straw poll indicated they would vote for at-large City Council member Kwame Brown over his main rival, former Ward 5 Council member Vincent Orange, 37.2 percent to 8.3 percent. Slightly more than 43 percent said they were undecided in that contest.

Two lesser-known candidates in the race, Dorothy Douglas and Calvin Gurley, received 1.3 percent and 0.7 percent respectively.

Orange came out against legislation to legalize same-sex marriage in the District when he ran for mayor in 2006, and denounced his mayoral rivals, including Fenty, who supported gay marriage. He said this year that he’s changed his mind on the matter and now supports the same-sex marriage bill that the Council passed and Fenty signed.

In the race for at-large Council member, incumbent Phil Mendelson outscored gay challenger Clark Ray, 45.1 percent to 13.9 percent, among straw poll respondents. About 35 percent said they were undecided in the race. At-large candidate Donna Jean Alston received 2.8 percent of the straw poll vote, with candidates Kelvin Robinson and Will Ross receiving no votes.

The 145 respondents in the Blade’s D.C. election straw poll comprised a far smaller number than those who participated in a separate Blade presidential approval rating poll also conducted at the Capital Pride street festival.

The 145 respondents are too few to make the straw poll a statistically valid sample of the LGBT D.C. residents who attended the Capital Pride festival. But Blade editor Kevin Naff said the straw poll provides the only available glimpse so far into where LGBT voters stand in the race for mayor and City Council chair and the contest for an at-large Council seat in which an openly gay candidate is considered to have a shot at winning.

No city polls conducted to date, including those by the Washington Post, have included information about the LGBT vote, which is considered influential in D.C. elections.

A total of 560 people completed the Obama approval poll, which asked respondents to disclose whether they approve or disapprove of President Barack Obama’s handling of LGBT issues as well as all matters. The Blade is planning to release the results of that poll later this month.

The greater participation in the presidential approval poll suggests that a significantly larger percentage of people attending the Capital Pride street festival were from jurisdictions outside D.C., such as the Virginia and Maryland suburbs and other mid-Atlantic states.

Blade staff members invited Capital Pride attendees to participate in the poll as the attendees walked past the Blade booth at the festival. All attendees could complete the presidential approval poll, but only attendees additionally identifying themselves as D.C. residents were allowed to participate in the D.C. election poll.

Among the 145 respondents in the Blade D.C. election straw poll, about 73 percent identified as being gay male, 13 percent were lesbian, about 5 percent were bisexual, 0.7 percent were transgender, 1.4 percent identified as queer, about 8 percent were straight, and 0.7 percent identified as other.

By race and ethnicity, about 77 percent of respondents identified as white, 17 percent were black, about 7 percent were Latino, 1.4 percent were Asian-Pacific Islander, and 2.7 percent identified as other.

In a breakdown by age, about 21 percent of respondents identified as being between 17 and 29; about 52 percent were between 30 and 49; about 24 percent were between 50 and 64; and 0.38 percent were 65 or older.

Just 119 of the 145 respondents answered a question asking them to identify the ward in which they live. By ward, the breakdown was 20 from Ward 1; 36 from Ward 2; 12 from Ward 3; 10 from Ward 4; 14 from Ward 5; 23 from Ward 6; three from Ward 7; and one from Ward 8.

The small representation of respondents from Wards 7 and 8 suggests that Gray might have received more support in the Blade poll had more people from those two wards participated in the poll. Other public opinion polls have shown Gray leading Fenty by a wide margin in wards 7 and 8, and gay activists living in the two wards have said they believe gays in the two wards also back Gray by a significant margin.

But with some political pundits predicting voters will be nearly evenly divided citywide between Fenty and Gray as the September primary approaches, the gay vote could be a key factor in the outcome of the election.

Although Gray won the endorsement last month of the Gertrude Stein Democratic Club, the city’s largest LGBT political group, many believe LGBT voters are closely divided over the mayoral contest. A significant number of LGBT activists have yet to take sides in the mayoral race, a development backed up by the Blade poll showing that 24.8 percent of respondents are undecided in the race.

The Blade poll finding that Ray, a gay Democratic activist and former D.C. Department of Parks & Recreation Director, is trailing Mendelson by more than 30 points could mean any of several factors are at play.

Mendelson supporters have predicted LGBT voters will back Mendelson because of his strong support for LGBT rights, including his leadership in shepherding the gay marriage bill through the Council last year in his role as chair of the committee with jurisdiction over the bill.

Ray’s poor showing in the Blade poll could also be due to his lack of name recognition compared to Mendelson, who has sat on the Council for nearly 12 years.

Gay Democratic activist Peter Rosenstein, a campaign adviser for Ray, said the sample was too small to be an accurate predictor in the election.

Rosenstein said the only aspect of the poll that could be a factor is its high number of undecided voters in the mayoral and at-large Council races.

“That’s not a good sign for an incumbent like Mendelson, who has been in office for 12 years,” he said.

Gay activist Bob Summersgill, a Mendelson supporter, said that while the number of participants in the Blade poll is small, its composition of mostly white gay men is a demographic for which Ray should have made a stronger showing as a gay candidate.

“Phil beat Ray three to one in what should be Clark Ray’s best demographic,” Summersgill said. “And Ray even lost to undecided, two to one. I think that’s pretty significant and shows the lack of name recognition and lack of seriousness which the community is generally giving him.”

Yet Summersgill and Jeffrey Richardson, president of the Stein Club, noted that the large number of respondents to the Blade poll saying they were undecided in the Council chair and at-large Council races also indicates those two races have received far less media coverage and voter attention than the widely publicized mayoral race between Fenty and Gray.

“The reality is Phil Mendelson is the incumbent with higher name recognition,” Richardson said. “And even though Clark Ray was a director of the Department of Parks & Recreation, because Phil is the incumbent and has done so much legislatively and has been vocal on so many different issues, even marriage equality, people know and recognize what he has done.

“So Clark Ray has a lot of ground to gain in trying to overcome the name-recognition battle,” Richardson said. “But in regards to where people really would be with one over the other, I’m not so certain.”

The Stein Club is scheduled to hold its endorsement meeting and vote on the at-large Council and Council chair races on Monday at Town nightclub in D.C.

Gay Democratic activist Lane Hudson, a volunteer in Gray’s mayoral campaign, said the Blade poll shows strong potential for Gray, even though it reveals him to be trailing Fenty among the sample of Pride festival goers.

“I think the results show that there’s a wide opening for Vince Gray to win a significant majority of the LGBT vote if he can show that he is empathetic to the issues that are important to our community, such as a strong response from the mayor’s office on hate crimes, a comprehensive HIV/AIDS prevention strategy, and LGBT youth and schools,” Hudson said.

Hudson and other Gray supporters have said Fenty’s record is weak on those issues.

“It’s significant because those are people who are not necessarily the most active. If you look at the most active in our community — the Stein Club — Vince got 63 percent,” he said. “So as the gay community learns more about candidates in the race, I think Vince Gray’s numbers will go up significantly.”

Deacon Maccubbin, former owner of D.C.’s Lambda Rising bookstore and a Fenty supporter, said he wasn’t surprised at the Blade poll’s finding that a large number of respondents are undecided in the mayoral race.

“But I have seen movement toward Fenty and I think he’ll do fine,” he said. “I think the gay vote is going to go the same way the city vote goes.

“I think that between the two candidates, there’s not a whole lot of difference on gay-specific issues and consequently Adrian Fenty has come through and done what he promised he was going to do. And as a result, I think he’s earned the support of the community.”

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District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

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Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

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Maryland

Democrats hold leads in almost every race of Annapolis municipal election

Jared Littmann ahead in mayor’s race.

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Preliminary election results from Tuesday show Democrats likely will remain in control of Annapolis City Hall. Jared Littmann thanks his wife, Marlene Niefeld, as he addresses supporters after polls closed Tuesday night. (Photo by Rick Hutzell for the Baltimore Banner)

By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.

Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.

Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”

The rest of this article can be read on the Baltimore Banner’s website.

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Virginia

Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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