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Rehoboth officials accused of ‘hassling’ businesses

Code enforcement officer creates stir over visit to Aqua Grill

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Rehoboth Beach (Blade file photo)

A code enforcement officer in Rehoboth Beach, Del., became the target of a radio talk show host last weekend after the officer told the gay bar and restaurant Aqua Grill that it violated a local ordinance for flying a flag two inches too low over the sidewalk next to its entrance.

The civilian enforcement officer informed Aqua’s manager of the code violation on May 13 after determining that a flag with the inscription “Open – Welcome to Beautiful Baltimore Avenue” dipped below an 80-inch minimum height restriction for flags extending into public spaces, according to Aqua Grill co-owner Joe Maggio.

“He said we were being cited and we would receive a letter in the mail,” said Maggio, who told the Blade he couldn’t confirm over the weekend whether the bar would be fined for the height violation.

“He could have come in and said, ‘hey, it needs to be raised two inches.’ And we would have been happy to pull out a drill and move it,” said Maggio.

The popular bar and restaurant decided instead to have someone shear off the bottom of the flag with a pair of scissors to comply with the height restriction, Maggio said.

A city official said on Monday said Aqua Grill wasn’t fined and that the enforcement officer only issued a warning, saying the city would give the establishment time to correct the infraction.

But news of the enforcement action created a stir when an Aqua Grill customer present during the visit by the enforcement officer posted an account of the incident on Facebook.

Sussex County radio host Dan Gaffney joined gay supportive Delaware State Rep. Pete Schwartzkopf (D-Rehoboth Beach) and other Aqua Grill customers in criticizing the city for appearing to be hurting local businesses through unnecessary regulations.

“This is stupid beyond belief,” Schwartzkopf wrote on Facebook. “In this economy, they are hassling businesses? I thought it might’ve been the American flag but we are talking about an ‘Open’ sign!”

Rehoboth Beach City Manager Gregory Ferrese said on Monday that the code enforcement officer has found violations of the height restriction for flags in 29 businesses so far this year. He said no specific type of business was being singled out in the enforcement action and that all businesses contacted so far have been given warning notices rather than a fine.

Ferrese and the city’s public works director, Mel Craig, who is gay, told the Blade that enforcement of the height regulation for flags hanging over public spaces like sidewalks was prompted by complaints from the public.

“I’ve gotten hit in the face by flags on a windy day when I walk down the sidewalk,” Craig said.

“If a kid gets hit in the eye with a flag, that’s a big deal,” said Ferrese.

According to Ferrese, city regulatory officials determined that the city is required to enforce the flag height restriction in order to comply with the Americans with Disabilities Act, or ADA, a federal law. The law, among other things, requires cities and towns to make sure the “path of travel” along public spaces such as sidewalks doesn’t include a potential obstruction for people with disabilities, including blind people.

An ADA official with the U.S. Justice Department in Washington, which enforces the statute, said the law and the regulations implementing it make no specific mention of flags, only that local jurisdictions should ensure that sidewalks and other public spaces don’t create a hazard for disabled people.

Jacques LeClair, owner of Rehoboth’s Proud Book Store, said he was among the first businesses approached by code enforcement officer Bobby Edmonds about flying his own flag below the height restriction.

“He was very polite. I got a letter from his office saying I was in violation,” LeClair said. “They gave me a period of time to correct it. I corrected it.”

LeClair added, “It’s not that they are picking on any one person or business. They are picking on everyone.”

Chris Beagle, a Rehoboth real estate agent and Aqua Grill customer, said the flag enforcement visit at Aqua raised concern within the local LGBT community because of its timing. He noted that it came on the first day Aqua opened for business for the 2011 beach season.

Beagle noted it also came eight months after Aqua’s other owner, Bill Shields, was mistakenly arrested and finger printed for allegedly violating another ordinance that prohibits restaurants and bars from allowing customers to stay on outdoor patios after 11 p.m.

Police raided 12 establishments for the patio violation during a crackdown last year that took place mostly over Labor Day weekend. Authorities now admit that Aqua was among just two or three of the establishments that were incorrectly targeted for the crackdown.

Shields said a Rehoboth Beach police officer who arrested him refused to listen to his attempt to explain that Aqua and other establishments that were in business before the patio ordinance was enacted are exempt from the ordinance through a grandfather clause.

Rehoboth’s police chief later acknowledged that the officer made a mistake by arresting Shields, saying the officer wasn’t aware that Aqua was exempt from the ordinance. Police later dropped the charge, but Shields said authorities have yet to follow through with a promise to expunge his arrest record.

With that as a backdrop, Beagle said the code enforcement visit to Aqua over the flag issue last weekend was “really bad timing” and a development that could give the impression to the LGBT community that a gay business is being targeted.

“It was very disheartening to see this happen on opening night,” said Beagle, who was present at the bar and saw Edmonds arrive wearing a jacket with the inscription “Code Enforcement.”

Maggio said he and other business owners and longtime residents of Rehoboth, both gay and straight, are “fed up” with what they view as an anti-business attitude in a city whose economy is dependent on small businesses.

He said he and others dissatisfied over the city’s regulatory policies are supporting gay businessman Thomas McGlone, an investment adviser, who is running against longtime Rehoboth Mayor Samuel Cooper in the city’s Aug. 13 mayoral election.

Cooper disputes claims that he is anti-business. He has said he supports local laws and regulations that prevent bars and other entertainment establishments from spoiling Rehoboth’s status and tradition as a family-oriented vacation destination.

Two of the city’s six elected commissioners, Dennis Barbour, who is gay, and Pat Coluzzi, who is lesbian, say they favor a balance between regulations needed to prevent disruptive businesses and assurances that businesses aren’t hurt by overregulation.

The two have spoken out against the patio crackdown last year and called for regulatory changes.

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District of Columbia

Taste of Point returns at critical time for queer students

BIPOC scholar to speak at Room & Board event on May 2

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A scene from the 2022 Taste of Point. (Washington Blade file photo by Michael Key)

The Point Foundation will kick off May with its annual Taste of Point DC event. The event will be hosted at Room & Board on 14th Street and feature a silent auction, food tastings, a speech from a scholar, and more. 

Point’s chief of staff, Kevin Wright, said that at Taste of Point, the scholars are the star of the show.

“People never come to an event to hear Point staff speak, they come to hear from the people most impacted by the program,” he said. “At its core Taste of Point is designed to center and highlight our scholars’ voices and experiences.”

This year, a Point BIPOC Scholar, Katherine Guerrero Rivera will speak at the event. 

“It is a great opportunity to highlight the scholars out there on the front lines making impacts in almost every sector and job field,” Wright said. 

Wright pointed out that this year especially is a pivotal time for LGBTQ students. 

“In 2023, there were 20 states that passed anti-LGBTQ legislation,” he said. “By this point in [2024] we already have more.”

Wright said the impacts of those legislative attacks are far reaching and that Point is continuously monitoring the impact they have on students on the ground. 

Last month, The Washington Post reported that states with anti-LGBTQ laws in place saw school hate crimes quadruple. This report came a month after a non-binary student, Nex Bennedict, died after being attacked at school. 

“So, we see this as a critical moment to really step up and help students who are facing these challenges on their campus,” Wright said. “Our mission is to continue to empower our scholars to achieve their full academic and leadership potential.” 

This year Point awarded nearly 600 LGBTQ students with scholarships. These include the flagship scholarship, community college scholarship and the BIPOC scholarship. When the foundation started in 2002, there were only eight scholarships awarded. 

Dr. Harjant Gill is one of those scholars who said the scholarship was pivotal for him. Gill said he spent his undergraduate years creating films and doing activism for the LGBTQ community. 

As a result, his academic record wasn’t stellar and although he was admitted into American University’s graduate program he had no clue how he would fund it. 

Upon arrival to American he was told to apply for a Point scholarship and the rest was history.

“It ended up being the one thing that kept me going otherwise I would have dropped out,” he said. “Point was incredibly instrumental in my journey to becoming an academic and a professor.”

More than a decade later, Gill serves on the host committee for Taste of Point and is a mentor to young Point scholars. He said that he donates money yearly to Point and that when he is asked what he wants for a gift he will often tell his friends to donate too.

To attend the event on Wednesday, May 2, purchase tickets at the Point website. If you can’t attend this year’s Taste of Point DC event but would like to get involved, you can also donate online. 

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District of Columbia

Three of five LGBTQ candidates win race for DNC delegate from D.C.

32 candidates competed for 13 elected seats in party caucus

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John Fanning finished in first place in the race for DNC delegate. (Photo courtesy of Fanning)

Three out of five known LGBTQ candidates running for election as delegates from D.C. to the Democratic National Convention won their races at an April 20 Democratic Party caucus election held at D.C.’s Walter Washington Convention Center.

Ward 2 gay Democratic activist John Fanning finished in first place with 140 votes and Ward 8 gay Democratic activist David Meadows finished in second place with 127 votes in a race in which six male candidates committed to supporting President Biden were competing for three male seats in a section of the city designated as Congressional District 1, which included registered Democratic voters in Wards 1, 2, 6, and 8.

Ward 7 gay Democratic activist Jimmie Williams won his race, finishing in third place with 200 votes in a race in which eight male candidates committed to President Biden competed for four male seats in the Congressional District 2 section of the city that included Wards 3, 4, 5, and 7.

Gay Democratic activist Felipe Afanador lost his race, finishing in sixth place with 47 votes in the Congressional District 2 election for male candidates backing Biden. It couldn’t immediately be determined which of the four wards in District 2 he is from.

The Washington Blade didn’t learn about Afanador’s status as an LGBTQ candidate until the Capital Stonewall Democrats announced it one day before the April 20 party election in an email statement.

In the Congressional District 2 race among female candidates, in which eight candidates competed for three female seats, transgender rights advocate and Ward 3 Democratic Party activist Monika Nemeth lost her race, finishing in sixth place with 49 votes.

The five LGBTQ candidates were among 32 candidates competing for just 13 elected delegate positions in D.C. D.C. will have a total of 51 delegates to the Democratic Convention, but the other 38 include elected officials and party leaders who are considered “automatic” or appointed delegates. The Democratic Convention will be held in Chicago Aug. 19-23.

Observers familiar with the April 20 party caucus election said Fanning, Meadows, and Williams had participated in local D.C. Democratic Party events and activities for a longer period than Nemeth and Afanador and appear to have been better known among Democratic voters in their respective wards as well as other wards. Those factors contributed to their receiving significantly more votes than most other candidates, observers have said. 

In his candidacy statement posted on the D.C. Democratic Party website, Afanador said he worked on the 2020 Biden presidential election campaign in Pennsylvania. His LinkedIn page says in 2022 he began work in Washington for the Biden administration as an official in the U.S. Department of Agriculture.

Nemeth is a past president of D.C.’s Capital Stonewall Democrats, the city’s largest LGBTQ local political group, and has been an active member of the D.C. Democratic State Committee, the local party governing body. She served as a Biden delegate at the 2020 Democratic National Convention.

“It is important for our D.C. delegation to have strong LGBTQ representation,” Capital Stonewall Democrats said in its April 19 statement. “There are five LGBQ candidates running to be delegate, and Capital Stonewall Democrats asks that our members support each one,” the statement says.

“Unfortunately, they fell short, but they and all queer Democrats are welcome to attend and participate in convention events and activities sponsored by the national and local party,” Meadows told the Blade in referring to Nemeth and Afanador. “Our shared goal is to unite behind the Biden-Harris ticket to protect our LGBTQ rights from being dismantled by Donald Trump and the GOP,” Meadows said.

“Running for District Delegate is one of the most grassroots efforts,” Fanning told the Blade. “It’s very beneficial to align yourself on a slate with community leaders that have either previously run for District Delegate or have developed a constituency in their community from other civic engagements,” he said, referring to possible reasons for his, Meadows, and Williams’s election victory.

Aside from the D.C. elected LGBTQ delegates, two prominent D.C. LGBTQ Democratic leaders will be appointed as delegates to the 2024 Democratic National Convention in their role as members of the Democratic National Committee from D.C. They are Claire Lucas, a highly acclaimed Democratic Party and LGBTQ rights advocate and party fundraiser; and Earl Fowlkes, one of the lead organizers of D.C.’s annual Black LGBTQ Pride celebration and former president of the Capital Stonewall Democrats. Both are committed to supporting President Biden as the Democratic nominee for re-election.

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Maryland

Joe Vogel campaign holds ‘Big Gay Canvass Kickoff’

Gay Md. lawmaker running for Congress

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Maryland state Del. Joe Vogel (D-Montgomery County) attends the "Big Gay Canvass Kickoff" event at his congressional campaign headquarters in Gaithersburg, Md., on April 19, 2024. (Washington Blade photo by Michael K. Lavers)

GAITHERSBURG, Md. — Maryland state Del. Joe Vogel (D-Montgomery County) on Friday held a “Big Gay Canvass Kickoff” event at his congressional campaign’s headquarters.

LGBTQ+ Victory Fund Vice President of Outreach and Engagement Marty Rouse and John Klenert, a member of the DC Vote and Victory Fund Campaign board of directors, are among those who participated alongside members of Equality PAC. Vogel spoke before Rouse, Klenert and others canvassed for votes in the area.

“Joe brings a fresh new perspective to politics,” said Gabri Kurtzer-Ellenbogen, deputy field director for Vogel’s campaign.

Vogel, 27, is among the Democrats running for Congressman David Trone’s seat.

Trone last May announced his bid to succeed retiring U.S. Sen. Ben Cardin (D-Md.) in the U.S. Senate. 

The Democratic primary is on May 14. Vogel would be the first Latino, the first gay man and first Gen Zer elected to Congress from Maryland if he were to win in November.

“We need a new generation of leadership with new perspectives, new ideas, and the courage to actually deliver for our communities if we want things to get better in this country,” Vogel told the Washington Blade last month during an interview in D.C.

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