Local
Charges dropped against Choi, Pietrangelo
Trial for White House arrests cancelled
Charges against U.S. Army Capt. Jim Pietrangelo II (left) Lt. Dan Choi stemming from their ‘Don’t Ask, Don’t Tell’ protests outside the White House were dropped Wednesday. (Washington Blade photo by Michael Key)
The trial for two gay Army officers arrested for chaining themselves to the White House fence in protest over “Don’t Ask, Don’t Tell” was cancelled Wednesday after charges were dropped in the case.
On the scheduled trial date, prosecutor Christine Chang announced before the D.C. Superior Court that the government was dropping the charges against Lt. Dan Choi and Capt. Jim Pietrangelo II for their acts of civil disobedience.
Choi and Pietrangelo had faced penalties stemming for chaining themselves to the White House gates March 18 and April 20. The Army officers were charged with two counts of a failure to obey a lawful order and could have been fined up to $1,000 for their offense.
Following the court appearance, Chang told the Blade the U.S. attorney’s office is “not proceeding with the case at this time,” but declined to comment on why the charges were dropped.
Mark Goldstone, a local attorney representing Choi and Pietrangelo in court, said he was “shocked” the U.S. Attorney’s office decided to dismiss the charges.
Goldstone said he suspected someone from the White House called the U.S. Attorney’s office Wednesday to cancel the trial for “purely political reasons.”
“I think they’re embarassed about defending ‘Don’t Ask, Don’t Tell,” which is an abomination,” Goldstone said.
Shin Inouye, a White House spokesperson, told the Blade that the White House had no involvement in dropping the charges against Choi and Pietrangelo.
Following the trial, Choi said his efforts to draw attention to “Don’t Ask, Don’t Tell” were not “just for a sound bite” or “to get famous.”
Had the trial proceeded, Choi said he would have talked about how “Don’t Ask, Don’t Tell” affects LGBT service members and how “people are dying because they kill themselves” under the current law.
At several points during his coming out process, Choi said he wanted to “put a bullet” into his West Point pistol and shoot himself.
“You know all of the consequences of ‘Don’t Ask, Don’t Tell,'” Choi said. “You’re not just getting fired from your job, it’s not just a national security issue, and it’s not just a matter of taxpayer money. It’s really about the enforced shame that it causes.”
Pietrangelo said after his court appearance he wasn’t surprised that the U.S. Attorney office’s dismissed the charges because he’s “absolutely confident that we had justice on our side.”
“We won even before we went into the court room is how I felt,” Pietrangelo said. “We were prepared to litigate the whole dirty mess that ‘Don’t Ask, Don’t Tell’ is.”
Pietrangelo said he intends to participate in further acts of civil disobedience to keep drawing attention to “Don’t Ask, Don’t Tell,” but declined to offer any details about his plans.
Litigation in the courts and legislation in Congress is pending that could lead to repeal of “Don’t Ask, Don’t Tell.” The House and a Senate committee in May approved a measure that would lead to the end of the law, and people following Capitol Hill expect the full Senate to take up the issue within months.
Still, Choi said the administration has been “more than incompetent” and “unwilling” to follow through with President Obama’s promise to repeal “Don’t Ask, Don’t Tell.”
Choi said he plans to continue participating in acts of civil disobedience as long as “Don’t Ask, Don’t Tell” remains in effect and everyone needs to step up to their responsibility.
Asked whether he would return to the White House, Choi replied, “Let me just say going to jail and being shackled up is nothing compared to allowing ‘Don’t Ask, Don’t Tell’ to exist on the books.” He declined to elaborate further on his plans.
Paul Yandura, a gay D.C. activist and organizer with GetEqual, which helped organize the protests, noted the officers who arrested Choi and Pietrangelo came to the court on the scheduled date of the trial, suggesting the U.S. Attorney’s office was prepared to have them testify.
Yandura said activists following the court apperance asked the prosecutor whether she was prepared for the case and Chang responded she was prepared but couldn’t provide further comment.
“Someone told her at the last minute to drop all charges,” Yandura said. “It’s probably because it’s an embarassment that repeal’s not done. … They just decided to shut this down before we had two trials talking about ‘Don’t Ask, Don’t Tell.'”
Yandura also noted that the stay-away order precluding Choi and Pietrangelo from approaching the White House has been lifted, meaning both men engage in further acts of civil disobedience there.
Goldstone said he had planned to present at trial evidence that included previous public statements from Obama asking for continued pressure to repeal “Don’t Ask, Don’t Tell.”
“Obama needed proof of agitations … for political cover,” Goldstone said. “Dan and Jim took his command as a direct command.”
Activists affiliated with GetEqual had presented Obama with a subpoena to testify on behalf of Choi and Pietrangelo during the trial. Neither the president nor any White House official was seen at court during the scheduled day for the trial.
Goldstone said he didn’t plan to present any other witnesses at the trial because he said Choi and Pietrangelo are the “best possible spokespersons” on “Don’t Ask, Don’t Tell.”
Among those who made an appearance in court on the scheduled trial date were Robin McGehee, co-founder of GetEqual, as well as Anthony Woods, a gay Army officer discharged in 2008 under “Don’t Ask, Don’t Tell” and who unsuccessfully ran to represent California in Congress earlier this year.
McGehee said civil disobedience won out in this case and charges were dropped because the White House didn’t want the attention on “Don’t Ask, Don’t Tell.”
“Dan and Jim got what they wanted, which was to apply the pressure and to draw attention to the issue,” she said.
Woods said he wanted to attend the scheduled trial as a “show of solidarity” for Choi; he and Choi graduated from the U.S. Military Academy at West Point in 2003.
“I think he knows there are very real consequences to what he’s doing, which makes what he’s doing that much more heroic,” Woods said.
Virginia
Fellow lawmakers praise Adam Ebbin after Va. Senate farewell address
Gay state senator to take job in Spanberger administration
Gay Virginia state Sen. Adam Ebbin (D-Alexandria) delivered his farewell address on Feb. 16 in the Senate chamber in Richmond following his decision to resign from his role as a lawmaker to take a position as senior advisor to Democratic Gov. Abigail Spanberger.
Ebbin, whose resignation was to take effect Feb. 18, received a standing ovation from his fellow senators. Several of them spoke after Ebbin’s address to praise him for his service in the Virginia Senate from 2012 to 2026.
Ebbin first won election to the Virginia House of Delegates in 2003 as the first openly gay member of the General Assembly. He served in the House of Delegates from 2004 to 2012 before winning election to the Senate in 2011.
His Senate district includes Alexandria and parts of Arlington and Fairfax Counties.
“Serving in this body has been the greatest honor of my life,” Ebbin said in his farewell address. “Representing Northern Virginia in the General Assembly — my adopted home since 1989 — has been a responsibility I never took lightly,” he said.
“We are a 406-year-old institution,” he told his fellow lawmakers. “But, when I arrived, I had the distinct honor of being a ‘first’ in the General Assembly,” he said. “Being an openly gay elected official 22 years ago didn’t earn you book deals or talk show appearances — just a seat in a deep minority across the hall.”
Ebbin added, “Still, being out was a fact that felt both deeply personal and unavoidably public. I was proud, but I was also very aware that simply being here carried a responsibility larger than myself.”
Ebbin has been credited with playing a lead role in advocating for LGBTQ rights in the General Assembly as well as speaking out against anti-LGBTQ proposals that have surfaced during his tenure in the legislature.
In his speech he also pointed to other issues he has championed as a lawmaker; including strengthening education programs, expanding access to healthcare, safeguarding the environment, and legislation to help “stand up for working people.”
Among the LGBTQ rights legislation he pushed and mentioned in his speech was the Virginia Values Act of 2020, which bans discrimination based on sexual orientation and gender identity, among other categories.
“I’m particularly proud of our work ensuring Virginia modernized state law to protect LGBT people from discrimination in their daily lives, including in employment, housing, and public accommodations,” he said in his speech. “The Virginia Values Act of 2020 — my proudest achievement — established new protections for all Virginians,” he said.
“This law, the first of its kind in the South, passed with strong bipartisan support,” he stated. “And now — this November — after 20 years, Virginians will finally be able to vote on the Marriage Equality Amendment, which will protect the ability to marry who you love. It’s time for our state constitution to accurately reflect the law of the land.”
He was referring to a proposed state constitutional amendment approved by the General Assembly, but which must now go before voters in a referendum, to repeal a constitutional amendment approved by the legislators and voters in 2006 that bans same-sex marriage.
The U.S. Supreme Court’s Obergefell ruling legalizing same-sex marriage nationwide voided the Virginia same-sex marriage ban. But Ebbin and LGBTQ rights advocates have called on the General Assembly to take action to repeal the amendment in case the Supreme Court changes its ruling on the issue.
In his new job in the Spanberger administration Ebbin will become a senior advisor at the Virginia Cannabis Control Authority, which regulates policies regarding marijuana possession and distribution.
Ebbin was among the lead sponsors of legislation in 2020 to decriminalize possession of marijuana and of current pending legislation calling for legalizing possession.
“When I first entered the General Assembly, I saw too many lives upended by a simple marijuana charge — jobs lost, futures delayed, families hurt,” he said in his speech. “And for far too long, that harm was baked into our laws. That is no longer the case. The times have changed and so have our laws.”
Ebbin said he was also proud to have played some role in the changes in Virginia that now enable LGBTQ Virginians to serve in all levels of the state government “openly, authentically, and unapologetically.”
“I swore to myself that I wouldn’t leave until there was at least one more lesbian or gay General Assembly member,” Ebbin said in his speech. “But when I leave, I’m proud to say we will have an 8-member LGBTQ caucus.”
And he added, “And if anyone on the other side of the aisle wants to come out, you will be more than welcome — we’re still waiting on that first openly gay Republican.”
District of Columbia
Deon Jones speaks about D.C. Department of Corrections bias lawsuit settlement
Gay former corrections officer says harassment, discrimination began in 1993
Deon Jones says he is pleased with the outcome of his anti-gay bias lawsuit against the D.C. Department of Corrections that ended after five years on Feb. 5 with the D.C. government paying him $500,000 in a settlement payment.
The lawsuit, filed on his behalf by the American Civil Liberties Union of D.C. and the international law firm WilmerHale, charged that Jones, a Department of Corrections sergeant, had been subjected to years of discrimination, retaliation, and a hostile work environment because of his identity as a gay man in clear violation of the D.C. Human Rights Act.
A statement released by the ACLU at the time the settlement was announced says Jones, “faced years of verbal abuse and harassment, from co-workers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment.”
The statement adds, “The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, post-traumatic-stress disorder, and 15 anxiety attacks in 2021 alone.:
Jones said the harassment and mistreatment he encountered began in 1993, one year after he first began work at the Department of Corrections and continued for more than 25 years under six D.C. mayors, including current Mayor Muriel Bowser, who he says did not respond to his repeated pleas for help.
Each of those mayors, including Bowser, have been outspoken supporters of the LGBTQ community, but Jones says they did not intervene to change what he calls the homophobic “culture” at the Department of Corrections.
The Department of Corrections, through the Office of the D.C. Attorney General, which represents city agencies against lawsuits, and the mayor’s office, have so far declined to comment on the lawsuit and the half million-dollar settlement the city offered to Jones, who accepted it.
Among other things, the settlement agreement states that Jones would be required to resign from his job at the Department of Corrections. It also declares that “neither the parties’ agreement nor the District government’s offer to settle the case shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to plaintiff or any other person, or that plaintiff has any rights.”
Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this. He said the city’s action to pay Jones a half million-dollar settlement “speaks louder than words.”
With that as a backdrop, Jones reflected on the settlement and what he says was his tumultuous 30-year career as an employee at the D.C. Department of Corrections in a Feb. 9 interview with the Washington Blade.
He and Michelman pointed out that Jones was placed on paid administrative leave in April 2022, one year after his lawsuit was filed. Among his upcoming plans, Jones told the Blade, is to publish a podcast that, among other things, will highlight the hardship he faced at the Department of Corrections and advocate for LGBTQ rights.
BLADE: What are your thoughts on this lawsuit settlement which appears very much in your favor?
JONES: That’s great. I’m happy. I’m glad to resign. It’s been a long time coming. It was the worst time it’s ever been. And I have advocated for the community for many, many years. And not only standing up for my rights but for the rights for others in the LGBTQ community.
And I’m just tired now. And my podcast will start soon. And I will continue to advocate for the community.
BLADE: Can you tell a little about that and when it will begin?
JONES: Once in April, once everything is closed my podcast will be starting. And that’s Deon’s Chronicle and Reveal. Yes, my own podcast.
BLADE: Since we have reported your attorney saying you have been on administrative leave since March of 2022, some in the community might be interested in what you have been doing since that time. Did you get another job or were you just waiting for this case to be resolved?
JONES: I was waiting for this to be resolved. I couldn’t work. That would violate policy and procedures of the D.C. government. So, I could not get another job or anything else.
BLADE: You have said under administrative leave you were still getting paid. You were still able to live off of that?
JONES: Yes, I was able to. Yes, sir. I used to do a lot of overtime. As a zone lieutenant for many years, I have supervised over 250 officers. I’ve also supervised over 25,000 inmates in my 30 years.
BLADE: How many years have you been working for the Department of Corrections?
JONES: It’s 30 years all together. I started down at the Lorton facility. Six facilities — I’ve worked for past directors, deputy directors, internal affairs. I’ve done it all.
BLADE: Do you have any plans now other than doing the podcast?
JONES: Well, to just do my podcast and also to write my book and my memoir inside of the house of pain, the house of shame — what I’ve been through. When I start my podcast off it will be stories — Part 1 through Part 4. And I will go back to the Lorton days all the way up to now. When it first started was sexual harassment and discrimination back down at Lorton. And I mean this has just been the worst time around.
BLADE: So, did you first start your work at the Lorton Prison?
JONES: Yes, I was at the central facility, which was the program institution.
MICHELMAN: Just for context. You may remember this, but the Lorton facility was where D.C. incarcerated people were held. So, that was part of the D.C. Department of Corrections.
BLADE: Yes, and that was located in Lorton, Va., is that right?
JONES: Right.
BLADE: Didn’t that close and is the main incarceration facility is now in D.C. itself?
JONES: Yes. And that closed in 2001.
BLADE: I see. And is the main D.C. jail now at a site near the RFK Stadium site?
JONES: Yes, sir. And next-door is the correctional treatment facility as well.
BLADE: So, are you saying the harassment and other mistreatment against you began back when you were working at the Lorton facility?
JONES: At the Lorton central facility. And they used to flash me too. When I say flash me like the residents, the inmates were flashing. And they [the employees] were flashing.
BLADE: What do you mean by flashing?
JONES: They take their penis out and everything else. I mean the sexual harassment was terrible. And I came out then down there. And I continued to advocate for myself and to advocate for other people who I was told were being picked on as well.
BLADE: As best you can recall, where and what year did that happen?
JONES: That was back in 1993 in April of 1993.
BLADE: The mayor’s office has declined to comment on the settlement and payment the city is giving you. Yet they have always said they have a strong policy of nondiscrimination protections for LGBTQ people in D.C. government agencies. But do you think that was not carried out at the Department of Corrections?
JONES: That’s a blatant reason why — I had 13 anxiety attacks. It was so blatant. Can you imagine? On the airwaves or the walkie-talkies — everybody had a walkie talkie — the captains and the majors and everything. And you transmit it to the command center or something like that. When you finish someone gets on the air and calls you a sissy or a fag.
They received so many complaints, and I also sent the mayor so many emails and begging for help. And they ignored it. They didn’t address any complaints at all. So, that’s bull.
BLADE: But now after you filed your lawsuit and you received this settlement do you think there will be changes there to protect the rights of other LGBTQ employees?
JONES: I hope so, because I have been defending community rights. For many years I have been advocating for different things and different services. And I’ve seen the treatment. There are a lot of mistreatments towards the community over there. And I have taken a stance for a lot of people in the community and protecting their constitutional rights as well as mine.
BLADE: What advice might you have for what the Department of Corrections should do to correct the situation that led to your lawsuit?
JONES: Well, what my advice for the department is they need to go back over their training. And they need to enforce rules against any acts of discrimination, retaliation, or sexual harassment. They need to enforce that. They’re not enforcing that at all. They’re not doing it at all. And this time it was worse than ever, then I’ve ever seen it. That you would get on the walkie talkie and someone would call you a fag or a sissy or whatever else or do evil things and everything. They are not enforcing what they are preaching. They are not enforcing that.
BLADE: Is there any kind of concluding comment you may want to make?
JONES: Well, I hope that this litigation will be a wakeup call for the department. And also, that it will give someone else the motivation to stand up for their rights. I was blessed to have the ACLU and WilmerHale to protect my constitutional rights. So, I am just really happy. So, I’m hoping that others will stand up for their rights. Because a lot of people in the community that worked there, they were actually afraid. And I had some people who actually quit because of the pressure.
Baltimore
‘Heated Rivalry’ fandom exposes LGBTQ divide in Baltimore
Hit show raises questions about identity, cultural representation
By JOHN-JOHN WILLIAMS IV | “Heated Rivalry,” the surprise gay hockey romance that has captivated global audiences and become a cultural phenomenon, has inspired sold-out parties celebrating the characters from the steamy series, including in Baltimore.
For some, love of the show has exposed the loss of a once-vibrant gay nightlife in Charm City and splintered its LGBTQ community. It also brings up layered questions about identity, cultural representation, and the limits of identity politics.
In Baltimore, the majority of the parties also appear to be missing a key ingredient that has been a part of the show’s success: gay men at the helm. Last month, women hosted a dance party at Ottobar, a straight establishment.
The rest of this article can be read on the Baltimore Banner’s website.
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