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Choi trial opens with clash over White House protest rules

Defense to argue that activist didn’t break the law

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Dan Choi and 12 other LGBT activists attracted national media attention on Nov. 15, 2010, when they handcuffed themselves to the White House fence.

A lawyer representing gay former Army Lt. Dan Choi questioned five U.S. Park Police officers Monday over the validity of their decision to arrest Choi last November after he handcuffed himself to the White House fence to protest the “Don’t Ask, Don’t Tell” law.

Defense attorney Robert Feldman asked the questions while cross-examining the officers during the first day of Choi’s trial at U.S. District Court for the District of Columbia. Choi faces a possible sentence of six months in jail or a $5,000 fine if convicted on a misdemeanor charge of disobeying a lawful order to disengage from the fence.

Magistrate Judge John Facciola is presiding over the trial, which was expected to continue through Tuesday and possibly part of the day on Wednesday.

Choi and 12 other LGBT activists attracted national media attention on Nov. 15, 2010, when they handcuffed themselves to the White House fence. About 75 supporters who assembled across the street in Lafayette Park cheered and chanted slogans for LGBT equality while Park Police removed the handcuffs with cable cutters and placed Choi and the other protesters under arrest.

In May of this year, the 12 others who were arrested agreed to a government offer to plead guilty to the charge in exchange for the government dismissing the case against them in six months if the activists don’t get arrested during that period for any reason, including a similar civil disobedience protest.

Choi told reporters at a news conference outside the federal courthouse Monday, after the trial recessed for the day, that he rejected the government’s plea bargain offer because he believes the law and regulation used to arrest him is unconstitutional.

“I believe there is no law that, in the history of this country, abridges freedom of speech, assembly, or the right to protest for redress of grievances, which were clear and made plain by all of the defendants,” he said.

Assistant U.S. Attorney Angela George, the prosecutor in the case, called five Park Police officers and a U.S. Park Ranger as government witnesses on Monday. Under questioning from George, they testified that they had no intention of singling out the protesters for their political beliefs or because of their sexual orientation.

Feldman released an e-mail sent to the defense on Friday by George that extended another offer for Choi to plead guilty to the charge in exchange for the dismissal of the case by the government if Choi refrained from getting arrested for the next four months.

Feldman said Choi responded by saying he would accept the offer only on condition that the government issue a public apology to Choi in court on Monday for the arrest and prosecution against him. Feldman said the government rejected the conditions, prompting Choi to turn down the offer.

A spokesperson for the U.S. Attorney’s office said the office would have no comment on the case while the trial is in progress.

Park Police Lt. Robert Lachance, who led a team of officers assigned to arrest the protesters, testified that an assistant solicitor general at the Department of Interior, which has jurisdiction over the Park Police, advised him that the act of chaining oneself to the White House fence violated a federal regulation against actions that pose a threat to public safety, obstruct traffic, and potentially prevent “emergency responders” from carrying out their work.

At the news conference, Feldman said he plans to argue at the trial that Choi’s action at the White House fence did not violate the regulation and statute cited by the Park Police and by prosecutor George.

“It’s uncontroverted that Lt. Choi is no threat to the public safety whatsoever,” said Feldman. “Neither does he obstruct traffic, which is the second part of the regulation.”

Feldman said he would also argue that the regulation used by authorities to arrest Choi applies only to the sidewalk next to the White House fence. He noted that Choi and the other protesters were standing on a masonry ledge that rises above the sidewalk and serves as an anchor for the White House fence.

“It’s very clear that my client was never on the sidewalk,” Feldman said.  “He was on the masonry fence, which is above the sidewalk. And the warnings from Lt. Lachance said, ‘Get off the sidewalk.’ How can you get off the sidewalk if you were never on the sidewalk?”

He said he would also argue that Choi was unable to hear the warning that Lachance made to the protesters through a loudspeaker brought to the scene by Park Police. Lachance testified that he read a scripted message three times ordering the protesters to leave the fence and warning them they would be arrested if they did not comply with that order.

Feldman said Lachance’s warnings were drowned out by loud shouts and chants by Choi and the other 12 protesters handcuffed to the fence as well as by dozens of other protesters assembled in Lafayette Park.

The chants and shouts could be heard in a video recording of the protest that George played in the courtroom as part of a prosecution exhibit for the trial.

“There’s a cacophony of noise all around, and how can you possibly hear Lt. Lachance’s warnings to go away?” Feldman said at the news conference.

He said Choi would testify at the trial as the lead defense witness. One other defense witness, gay activist and former military Capt. Jim Pietrangelo II, was also scheduled to testify, Feldman said.

 

 

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Virginia

McPike wins special election for Va. House of Delegates

Gay Alexandria City Council member becomes 8th LGBTQ member of legislature

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Alexandria City Council member Kirk McPike. (Photo courtesy Alexandria City Council)

Gay Alexandria City Council member Kirk McPike emerged as the decisive winner in a Feb. 10 special election for a seat in the Virginia House of Delegates representing Alexandria.  

McPike, a Democrat, received 81.5 percent of the vote in his race against Republican Mason Butler, according to the local publication ALX Now.

He first won election to the Alexandria Council in 2021. He will be filling the House of Delegates seat being vacated by Del. Elizabeth Bennett-Parker (D-Alexandria), who won in another Feb. 10 special election for the Virginia State Senate seat being vacated by gay Sen. Adam Ebbin (D-Alexandria). 

Ebbin is resigning from his Senate next week to take a position with Virginia Gov. Abigail Spanberger’s administration.

Upon taking his 5th District seat in the House of Delegate, McPike will become the eighth out LGBTQ member of the Virginia General Assembly. Among those he will be joining is Sen. Danica Roem (D-Manassas), who became the Virginia Legislature’s first transgender member when she won election to the House of Delegates in 2017 before being elected to the Senate in 2023.

“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” McPike said in a statement after winning the Democratic nomination for the seat in a special primary held on Jan. 20. 

McPike, a longtime LGBTQ rights advocate, has served for the past 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He said he will resign from that position before taking office in the House of Delegates.

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Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.

Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.

Pendarvis, a longtime voice in the LGBTQ community in D.C. moderated a panel at Dupont Underground on Feb. 8. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin. 

Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.

Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”

The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.

Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.

The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.

The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.

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District of Columbia

U.S. Attorney’s Office drops hate crime charge in anti-gay assault

Case remains under investigation and ‘further charges’ could come

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(Photo by chalabala/Bigstock)

D.C. police announced on Feb. 9 that they had arrested two days earlier on Feb. 7 a Germantown, Md., man on a charge of simple assault with a hate crime designation after the man allegedly assaulted a gay man at 14th and Q Streets, N.W., while using “homophobic slurs.”

But D.C. Superior Court records show that prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. violent crime cases, charged the arrested man only with simple assault without a hate crime designation.

In response to a request by the Washington Blade for the reason why the hate crime designation was dropped, a spokesperson for the U.S. Attorney’s office provided this response: “We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them.” 

In a statement announcing the arrest in this case, D.C. police stated, “On Saturday, February 7, 2026, at approximately 7:45 p.m. the victim and suspect were in the 1500 block of 14th Street, Northwest. The suspect requested a ‘high five’ from the victim. The victim declined and continued walking,” the statement says.

“The suspect assaulted the victim and used homophobic slurs,” the police statement continues. “The suspect was apprehended by responding officers.”

It adds that 26-year-old Dean Edmundson of Germantown, Md. “was arrested and charged with Simple Assault (Hate/Bias).” The statement also adds, “A designation as a hate crime by MPD does not mean that prosecutors will prosecute it as a hate crime.”

Under D.C.’s Bias Related Crime Act of 1989, penalties for crimes motivated by prejudice against individuals based on race, religion, sexual orientation, gender identity, disability, and homelessness can be enhanced by a court upon conviction by one and a half times greater than the penalty of the underlying crime.

Prosecutors in the past both in D.C. and other states have said they sometimes decide not to include a hate crime designation in assault cases if they don’t think the evidence is sufficient to obtain a conviction by a jury. In some instances, prosecutors have said they were concerned that a skeptical jury might decide to find a defendant not guilty of the underlying assault charge if they did not believe a motive of hate was involved.

A more detailed arrest affidavit filed by D.C. police in Superior Court appears to support the charge of a hate crime designation.

“The victim stated that they refused to High-Five Defendant Edmondson, which, upon that happening, Defendant Edmondson started walking behind both the victim and witness, calling the victim, “bald, ugly, and gay,” the arrest affidavit states.

“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit continues. “The victim stated that they felt offended and that they were also gay,” it says.

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