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Activists hail Gray’s stunning win over Fenty

But mayor carries precincts with high concentrations of LGBT voters

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Mayoral candidate, Vince Gray (Washington Blade photo by Michael Key)

The large contingent of LGBT activists that backed City Council Chair Vincent Gray’s candidacy for mayor called his victory in Tuesday’s Democratic primary a highly positive development and predicted Gray would emerge as one the city’s most gay-supportive mayors.

But early election returns showed that Mayor Adrian Fenty won in most of the voter precincts with a high concentration of LGBT residents.

Final-but-unofficial returns released early today by the D.C. Board of Elections and Ethics showed Gray defeating Fenty by a margin of 54 to 45 percent.

Lesser known Democratic mayoral candidate Leo Alexander, who made his support for a ballot measure to overturn the city’s same-sex marriage law an important part of his campaign, received less than 1 percent of the vote. Democratic mayoral contenders Sulaimon Brown and Ernest Johnson, who received a 0 rating from the Gay & Lesbian Activists Alliance on LGBT issues, also received less than 1 percent of the vote.

Jeffrey Richardson, president of the Gertrude Stein Democratic Club, the city’s largest LGBT political group that endorsed Gray, said many activists favored Gray because he demonstrated a stronger commitment to work with and listen to the problems and concerns of the LGBT community.

“What I believe happened is Vince Gray resonated with and connected with the idea that we not only need a mayor who is going to bring us results but who has a heart for the community and has shown that heart and is willing to be connected to the community and to hear from the citizenry,” Richardson said.

Both Gray and Fenty have strong records of support on LGBT issues. Gray voted for and Fenty signed the city’s historic same-sex marriage law.

Gay Democratic activist Peter Rosenstein was among a number of LGBT advocates who backed Fenty in his landslide victory in the 2006 election and switched their allegiance to Gray this year.

Rosenstein said he believes the gay vote split between Fenty and Gray, with a “large majority” of black gays joining the black community as a whole in voting for Gray. Stein Club Vice President Tim Mahoney is among a number of activists who believe most gay voters based their decision on who to back in the mayor’s race on non-LGBT issues.

In other city races, gay former parks and recreation director Clark Ray was trounced in his uphill challenge to LGBT supportive at-large Council member Phil Mendelson. Mendelson won his bid for the Democratic nomination with 63 percent of the vote, with D.C. shadow senator Michael D. Brown coming in second, with 27 percent and Ray finishing third with just under 9 percent of the vote.

The Stein Club endorsed Mendelson over Ray, calling Mendelson a “champion” on LGBT issues and noting that he led the City Council’s effort to pass the same-sex marriage law in his role as chair of the committee with jurisdiction over the measure.

Election returns also show that Mendelson, who won in all eight wards, beat Ray and Brown with overwhelming margins in the gay identified precincts, including those in Dupont Circle, Logan Circle, Adams Morgan, Capitol Hill, the Southwest Waterfront, and Anacostia.

Gay City Council member Jim Graham (D-Ward 1) won his primary race with 57 percent of the vote. Democratic challengers Jeff Smith and Bryan Weaver each received 21 percent of the vote, according to the latest Board of Elections returns.

LGBT-supportive Council member Kwame Brown (D-At-Large) won the Democratic nomination to replace Gray as City Council chair with 55 percent of the vote. Challenger Vincent Orange, a former Ward 5 Council member who opposed same-sex marriage four years ago before coming out in support of the marriage equality bill this year, received 39 percent of the vote.

Many of the city’s LGBT leaders were especially pleased with Ward 5 Council member Harry Thomas Jr.’s primary victory Tuesday. Same-sex marriage opponents, including the anti-gay National Organization for Marriage, targeted Thomas for defeat in his conservative ward. Many political observers said Thomas’s decision to vote for the same-sex marriage law put his re-election bid in jeopardy due to strong opposition to the law among many of his constituents.

Thomas won the primary with 62 percent of the vote. His lead opponent, Delano Hunter, who spoke out against the marriage equality law and backed a voter initiative to overturn it, received 19 percent of the vote.

The LGBT-supportive group People for the American Way, which keeps track of anti-LGBT groups, pointed to city election finance records showing that the group spent well over $100,000 to support Hunter in Ward 5 and general efforts to oppose Council candidate supportive of same-sex marriage.

“They spent a lot of money and completely failed,” said gay activist Bob Summersgill. “I think NOM has completely misunderstood the attitudes and feelings of the voters in D.C. This is not a place where people are anxious to take away others’ rights.”

LGBT supportive Council members Mary Cheh (D-Ward 3) and Tommy Wells (D-Ward 6) easily won re-nomination for their respective seats. Cheh ran unopposed and Wells captured 75 percent of the vote against challenger Kelvin Robinson, who said he would have voted against the same-sex marriage law “as written.” He said he now supports the measure as the “law of the land.”

D.C. congressional Del. Eleanor Holmes Norton (D) also won by a lopsided margin. Norton is considered one of the most LGBT-supportive members of Congress.

The only Stein Club-endorsed candidate who lost in Tuesday’s primary was Nate Bennett-Fleming, a 26-year-old law school student and Ward 8 community activist who challenged incumbent D.C. shadow representative Mike Panetta. Bennett-Fleming campaigned aggressively for LGBT support, expressing strong support on virtually all LGBT related issues.

Panetta, who also supports LGBT equality, including same-sex marriage, won the race by a margin of 57 to 41 percent.

In the primary for the city’s tiny Statehood-Green Party, gay minister Darryl Moch lost his bid for the nomination for the at-large Council seat currently held by Mendelson. Statehood-Green Party activist David Schwartzman, a strong supporter of LGBT rights, beat Moch by a margin of 63 percent to 27 percent.

Two gay Republican Party candidates won nomination to City Council seats in unopposed races. Marc Morgan will challenge Graham for the Ward 1 Council seat in the November general election. Gay GOP candidate Tim Day will challenge Thomas for the Ward 5 Council seat in November.

Richardson and other LGBT activists who supported Gray said that similar to their straight counterparts, they believe Fenty — while supportive on LGBT issues — appeared to ignore the concerns they expressed over a number a newly developing issues, including the growing number of anti-LGBT hate crimes.

The local group Gays & Lesbians Opposing Violence joined other groups, including the Gay & Lesbian Activists Alliance and the D.C. Trans Coalition, in criticizing Fenty for refusing to meet with them or attend LGBT events to discuss pressing issues.

Transgender activists also expressed concern that Fenty was not taking their issues seriously, especially when the mayor’s office startled LGBT activists by proposing to exclude transgender inmates in the city’s correctional system from the D.C. Human Rights Act. Corrections department officials said the exclusion was needed for security reasons and was related to whether trans inmates should be allowed to dress in accordance with their biological gender or the gender to which they were transitioning.

The mayor’s office dropped that proposal following a groundswell of opposition.

Sources familiar with the demographics of the so-called “gay” precincts said they have large numbers of non-gay residents and it is impossible to determine what portion of the gay vote went to Fenty or Gray. The gay-identified precincts are also located in the predominately white sections of the city in Wards 1, 2 and 6, which Fenty won.

Nearly all LGBT activists familiar with voter demographics agreed that black LGBT residents, who are dispersed throughout the city and not concentrated in individual precincts, voted overwhelmingly for Gray.

“Anecdotally, I can’t name five black gays who voted for Fenty,” said gay Democratic activist Phil Pannell, who is active in the city’s predominantly black Ward 8.

Pannell said that the gay vote — like the citywide vote as a whole — appears to have divided along racial lines, with most white voters going for Fenty and most blacks voting for Gray.

“I definitely think Vince Gray is going to bring us all together,” Pannell said. “But it’s still sad to see we are racially divided at the ballot box.”

A number of political observers have said Clark Ray’s loss to Mendelson in Tuesday primary may not be the end of his quest to be the Council’s third out gay member. With Kwame Brown winning the Democratic nomination for the Council chairman’s seat, Brown’s at-large seat is expected to become vacant in January if he wins in the November general election, as expected.

The Board of Elections is expected to call a special election to fill the vacant seat early next year, and Ray has said he would consider running for the vacant seat if he lost to Mendelson. A number of LGBT activists who backed Mendelson have said they would look favorably toward a Ray candidacy for the vacant seat.

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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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