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Local news in brief: March 18

Ethics complaint dismissed against Beyer and more

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Dana Beyer, center. (Blade file photo by Michael Key)

Ethics complaint dismissed against Beyer

The Montgomery County Ethics Commission on March 8 dismissed a complaint against retired eye surgeon and transgender activist Dana Beyer that alleged Beyer violated county ethics rules in 2008 by improperly campaigning against a proposed referendum to overturn a transgender non-discrimination law.

The complaint was filed by Ruth Jacobs, president of the Maryland Citizens for a Responsible Government, an anti-LGBT group. The group filed petitions calling for a voter referendum to overturn a transgender non-discrimination law passed by the Montgomery County Council in November 2007.

The referendum never made it to the ballot because supporters failed to gather the required number of petition signatures.

Beyer had been working at the time on the staff of County Council member Duchy Trachtenberg, an at-large Democrat, who authored the law. The law bans discrimination in employment, housing, public accommodations and other areas based on a person’s gender identity.

Jacobs alleged in her complaint that Beyer and others opposed to the referendum improperly interfered with efforts by her group to gather signatures outside various Giant Food stores by, among other things, “yelling and screaming” at petition circulators and potential signers of the petitions. Jacobs also charged that Beyer abused her role as an employee of the County Council by allegedly telling the manager of one of the Giant stores that he would have “problems” with the county if he allowed the petitions to be circulated on store property.

Beyer denied the allegations, saying they were fabricated by Jacobs and others as a means of retaliating against legitimate efforts by supporters of the non-discrimination law to campaign against the referendum.

“In order for [the ethics code] to be violated, the employee’s conduct must be on the job, include self-identification as a public employee, or otherwise entail the prestige of office,” the Ethics Commission said in its ruling. “Assuming that Dr. Beyer did confront MCRG volunteers, Giant Food managers, and patrons, there is no credible evidence that she invoked her county position while doing so.”

In a statement Beyer hailed the decision to dismiss the case but expressed concern that the commission’s earlier decision to find probable cause that she may have violated ethics rules indicates the county’s ethics process is flawed.

“After having failed to defeat anti-discrimination protections for transgender citizens in the County Council, and then failing to get their referendum on the ballot, a small group of narrow-minded, political motivated individuals tried to obstruct justice a third time by going after me personally,” she said.

Jacobs could not be immediately reached for comment.

Murder trial opens in anti-gay ‘hate’ case

A trial began this week for a 26-year-old D.C. man charged with first-degree murder while armed in connection with the November 2009 stabbing death of a man that prosecutors have classified as an anti-gay hate crime.

In charging documents filed in D.C. Superior Court, police and prosecutors said Justin L. Navarro, 26, stabbed D.C. resident Kevin Massey at least 18 times inside Massey’s apartment in the 4200 block of 2nd St., N.W., on Nov. 6, 2009.

The court documents say an eyewitness told police the witness saw Navarro enter Massey’s bedroom after asking the witness, “Where is the faggy ass nigger?”

“Witness 1 observed the defendant armed with a large kitchen knife which the defendant used to thrust into the decedent’s body,” a police arrest affidavit says. “Witness 1 stated that it observed the defendant thrust the knife into the decedent’s body twice before Witness 1 fled the apartment for its safety,” the affidavit says.

An eight-count grand jury indictment of Navarro charges that, “the murder demonstrated the prejudice of Justin L. Navarro…based on the actual or perceived sexual orientation of Kevin Massey.”

A law enforcement source said Navarro allegedly stabbed Massey because he incorrectly believed that Massey had made a pass at him weeks before the murder and that “rumors were spreading about the two men.”

Prosecutors filed a motion last September objecting to plans by the defense to argue that Navarro committed the stabbing in self-defense. An attorney representing Navarro could not be immediately reached for comment.

The trial before Judge Lynn Leibovitz was expected to last through this week.

San Fran mayoral candidate seeks support in D.C.

A gay candidate running for mayor in San Francisco, who served for eight years on that city’s Board of Supervisors, is scheduled to hold a fundraiser in D.C. on March 21.

D.C. area supporters of Bevan Dufty say Dufty has the “drive, energy, responsiveness and effectiveness” to be an excellent mayor and are calling on local activists to contribute to his campaign. Dufty is a former D.C. resident who started his career as a staff member to former U.S. Reps. Shirley Chisholm and Julian Dixon, both Democrats.

He is the only gay candidate in a field of eight competing for the mayoral post in the Nov. 8 election.

Dufty’s campaign announced earlier this year that he reversed an earlier decision to limit the amount of campaign contributions he would accept to $200 rather than the legal limit of $500. He also initially vowed not to accept contributions from donors outside San Francisco. Those restrictions hurt his campaign, according to political pundits, who noted he had fallen behind most of his competitors in funds raised.

In addition to seeking support from individual donors in D.C., Dufty is applying for the endorsement of the Gay & Lesbian Victory Fund, a national group that supports openly LGBT candidates for public office.

Information about the D.C. event, set to take place at a private residence near Dupont Circle, can be obtained by contacting Jill McCarthy at 202-316-8006 or [email protected].

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McAuliffe: School boards should make ‘own decisions’ on trans students policy

Former Va. governor debated Republican challenger on Thursday

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Terry McAuliffe, gay news, Washington Blade
(Washington Blade photo by Lee Whitman)

Terry McAuliffe on Thursday hotly debated Republican challenger Glenn Youngkin at the Appalachian School of Law in southwestern Virginia on a variety of issues that include vaccine mandates, economic development, abortion access and policing. The former Virginia governor’s support for a law that protects transgender students, however, seemed less clear.

When the moderator asked if local school boards should be allowed to reject Virginia Department of Education “model policies” developed as part of a state law passed last year to protect trans and non-binary students from discrimination, McAuliffe said school boards “should be making their own decisions.”

This soft support for the law that Gov. Ralph Northam signed is in contrast to the Human Rights Campaign’s endorsement this week for his work as governor that includes signing an executive order prohibiting discrimination against LGBTQ state employees and vetoing anti-LGBTQ bills.  

HRC called out Youngkin, a former business executive and vocal Trump supporter, for “anti-LGBTQ and transphobic language” during his campaign. (HRC in 2019 named the Carlyle Group, the private equity company that Youngkin previously ran, as a “Best Place to Work for LGBTQ Equality” in its annual Corporate Equality Index.)

Younkin has supported Tanner Cross, a Loudoun County elementary school teacher who was suspended in June after he spoke against the Virginia Department of Education policy known as Policy 8040. The Virginia Supreme Court last month supported Cross’ reinstatement on First Amendment grounds.

“As governor, I will stand up for teachers like Tanner Cross,” the Republican candidate tweeted.

Youngkin also told Fox News the school board was trying to “cancel” Cross “simply for expressing his views that are in the best interests of the children and expressing his faith.”

But state Del. Danica Roem (D-Prince William County), one of the bill’s co-sponsors, told the Washington Blade in an earlier interview that the 2020 law passed with bipartisan support and most school boards are acting in accordance with the nondiscrimination law.

“Loudoun is catching headlines, but look at all of the other school districts who have adopted this without controversy,” said Roem, who in 2018 became the first openly trans person seated in a state legislature in the U.S. “They are acting in compliance with Department of Education best practices for how to humanely treat transgender kids in schools.”

McAuliffe, after stating that decisions regarding implementing trans student protections should be left to local school boards, said he hated seeing all of the “divisiveness” and “children being demonized.” He then pivoted to his talking points about increasing both teacher pay and broadband access for students.

Early in-person voting in Virginia is underway and lasts until Oct. 30. Election day is Nov. 2.

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Black gay man hopes to ‘shatter lavender ceiling’ in Annapolis

Keanuú Smith-Brown is running to unseat Ward 3 incumbent

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Keanuú Smith-Brown (Photo by David Hartcorn)

Keanuú Smith-Brown, who is affectionately called KSB by his friends, is running to unseat incumbent Annapolis Alderwoman Rhonda Pindell Charles (D-Ward 3) and become the first out LGBTQ elected official in the city.

“Keanuú is on-track to shatter a lavender ceiling in Annapolis, becoming the first out LGBTQ person ever elected in the city,” Victory Fund Vice President of Communications Elliot Imse told the Washington Blade.

Smith-Brown, a 26-year-old substitute teacher, announced in February that he was challenging Pindell Charles, who has represented his ward since 2013. They will face off in a Democratic primary on Sept. 21, then the winner advances to the general election on Nov. 2.

The Annapolis native is the eldest of six siblings, raised by a single mother and a first-generation college graduate who describes himself as a proud Black gay man. His opponent, also a Democrat, stated on an Annapolis Pride survey that she supports the LGBTQ community, just “not overtly.”

“But his candidacy is about more than just making history,” Imse said. “When in office, Keanuú will ensure the interests of the LGBTQ community are considered in every policy discussion and every piece of legislation that comes before the council.”

Smith-Brown told the Blade he is running to represent “those who have been left out,” emphasizing that “there is an urgent need for change in our ward.”

The Annapolis native first came out as gay while still a senior in high school, the same year Pindell Charles was first elected as his Ward 3 representative.

“I grew up surrounded by drug addiction and witnessed domestic violence both in my family and in my community,” he told the Blade, sharing he was raised by a single mom while his father was incarcerated during most of his life.

He still lives in the home in which he grew up, and within five minutes of his partner’s house “if you’re driving fast.”

After graduating from the University of Baltimore in 2017 with a bachelor’s degree in government and public policy, Smith-Brown began working with legislators and advocating for LGBTQ bills in Maryland.

As president of the District 30 Democratic Club, Smith-Brown advocated for House Bill 1147 and its companion Senate Bill 401, which were both similar to neighboring D.C.’s requirement for single-occupancy bathrooms to be marked gender-neutral.

Both bills died in committee during the General Assembly’s pandemic-shortened session in 2020, but Smith-Brown’s advocacy continued.

He marched during the Black Lives Matter protests following the murder of George Floyd by then-Minneapolis police officer Derek Chauvin, and he continued to be a public advocate for LGBTQ rights and visibility as a member of Annapolis Pride.

“I have led and joined LGBTQ+ marches, rallies and events, even hosting a campaign ‘Love with Pride and Unity’ Drag Brunch,” Smith-Brown wrote in response to Annapolis Pride’s first LGBTQ-issues survey. “I helped organize for Maryland’s Health Care Decisions Act which would extend the rights of partners when making medical or funeral decisions.”

Pindell Charles, by contrast, in her survey response stated she did not consider her advocacy for the LGBTQ community to be “overt.”

“My support for the LGBTQ+ community, and even other communities, usually revolves around me working with persons individually, which I prefer,” she wrote. “One-on-one, rather than as a group, or public displays.”

FreeState Justice, Maryland’s statewide LGBTQ rights organization supports public advocacy.

“It’s extremely important for LGBTQ community members to participate in civic engagement — especially as elected officials,” Executive Director Jeremy LaMaster told the Blade in an email.

FreeState Justice has encouraged LGBTQ Marylanders to speak out at public hearings in support of legislation such as the state’s “panic defense” ban, waiving the publication of name change petitions and the establishment of a state commission on LGBTQ affairs. All of these measures passed during the 2021 legislative session.

“There is such immense power for our community that can be built at the grassroots level. From leading neighborhood associations to sitting on city councils, or representing the community in the General Assembly,” said Smith-Brown. “As the world changes, so do the ways in which issues disproportionately or uniquely impact the LGBTQ community, especially for our youth, elders, trans and Black siblings.”

Pindell Charles, who did not respond to the Blade’s requests for comment prior to publication, is a retired Baltimore City prosecutor and chairs the Annapolis City Council’s Public Safety Standing Committee.

During her time in public service, her advocacy included a variety of “groups and communities considered to be ‘underrepresented,’” according to her Annapolis Pride survey response.

Smith-Brown said Ward 3 deserves better.

“She is saying this is in a position of power, that she’s not willing to get out of her comfort zone,” he told the Blade. “You may not be okay with seeing two men or two women together, but when you don’t allow yourself in your position to be inclusive of all people you are now failing in your position.”

“If someone said that about the Black community, it would not be taken in the same way,” he added. “Admit that you don’t need to be here in this way. We can all do our best to do better.”

The Capital Gazette in February reported Pindell Charles intends to run for a third term and welcomes Smith-Brown’s challenge.

“We need to win this,” Smith-Brown said, encouraging LGBTQ and all voters to get out and vote. “My being at that seat at the table means that we are all in that seat. What is it they say? If I eat, we eat. That is the impact on our future, and I’m in it to win it.”

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LGBTQ Democrats briefed on D.C. ranked choice voting bill

Council may already have enough votes to pass it

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Stein Club, gay news, Washington Blade
Jatarius Frazier of the Capital Stonewall Democrats was among officials briefed on the ranked choice voting bill. (Photo courtesy D.C. Government)

Members of D.C.’s Capital Stonewall Democrats, the city’s largest local LGBTQ political group, received a briefing Monday night from the chief of staff for D.C. Council member Christina Henderson (I-At Large) on a bill she introduced in July calling for a “ranked choice” voting system for D.C. elections.

The bill, called the Voter Ownership, Integrity, Choice, and Equity (VOICE) Amendment Act of 2021, calls for D.C. to join about 50 other jurisdictions across the country, including New York City and San Francisco, in giving voters the option of ranking up to five candidates for a particular office in the order of their preference.

Under the ranked choice voting system, if a candidate receives more than 50 percent of the “first choice” votes, the candidate is declared the winner. But if no candidate receives greater than 50 percent of the first-choice votes in a race where there are three or more candidates, the system provides an instant runoff.

“The candidate with the fewest votes is eliminated, and voters who picked that candidate will have their votes count for their next choice,” according to a statement released by Henderson at the time she introduced the legislation. “This process continues in rounds until there’s a majority winner,” the statement says.

T.J. Maloney, Henderson’s chief of staff, told Capital Stonewall Democrats members during a virtual Zoom meeting that studies of the ranked choice voting system in jurisdictions where it has been adopted show that overall voter turnout has increased and, following a voter education process, voters appear to adjust and support the system.

Six other D.C. Council members joined Henderson in co-introducing the VOICE ranked choice voting bill, indicating it may already have a seven-vote majority in its favor on the 13-member Council. However, Council Chair Phil Mendelson (D-At-Large) does not support the current version of the bill, according to spokesperson Lindsay Walton.

Councilmember Charles Allen (D-Ward 6), the chair of the Council’s Judiciary Committee where the bill was sent and one of the bill’s co-introducers, has scheduled a public hearing on the bill for on Nov. 18. The hearing, which will be virtual, will be broadcast live on the Council’s website.

Last week, the D.C. Democratic State Committee, which is the governing body of the D.C. Democratic Party and of which the Capital Stonewall Democrats is an affiliated member, voted to oppose the VOICE Act legislation. Some of its members said they believe a ranked choice voting system would be beneficial to the city’s smaller political party candidates, including Republicans and Statehood Green Party candidates, and would place Democratic Party candidates at a disadvantage.

Gay Democratic activist John Fanning, who was an unsuccessful candidate for the Ward 2 D.C. Council seat in the 2020 D.C. Democratic primary, said he favors a simple runoff election system over a ranked choice voting system in cases where multiple candidates run, and none receive at least 50 percent of the vote.

Among the ranked choice bill’s supporters is gay Democratic activist Austin Naughton, who serves as chair of the Ward 2 Democratic Committee. Naughton told the Washington Blade he is not an expert on the ranked choice voting system but his initial research into the system leads him to believe the system has the potential for providing a greater electoral voice for minority communities, including possibly the LGBTQ community and LGBTQ candidates who run for public office.

Capital Stonewall Democrats President Jatarious Frazier said the group was in the process of learning more about the ranked file voting system. No one raised the issue of the group taking a position on the legislation at Monday night’s meeting.

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