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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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Comings & Goings

Whitman-Walker honors Rep. Sarah McBride

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U.S. Rep. Sarah McBride (D-Del.) (Washington Blade photo by Michael Key)

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Congresswoman Sarah McBride (D-Del.) on being honored with this year’s Stonewall Award from Whitman-Walker Health. Amy Nelson, senior director of Legal Services, said, “Congresswoman Sarah McBride is working to make healthcare accessible to all, and this award recognizes her support of healthcare as a human right. Our legal program supports families facing unprecedented challenges to stay healthy and safe – families that Congresswoman McBride champions with a deep understanding of the issues they face and the legislative expertise of how to support them.”  

McBride, in a press release, said, “I am honored to accept this year’s Stonewall Award from Whitman-Walker Health — an organization that has spent 40 years doing vital work to ensure every person can access the dignity of care. In the wealthiest and most developed nation on earth, the ability to receive care should not be a matter of luck—it should be the law of the land. I am proud to be recognized as a partner in this work and to support Whitman-Walker Health in their mission to build a healthier society for all.”

Congratulations also to Wes Drummond who will join Clear Space Theatre Company in Rehoboth Beach, Del., as its third artistic director. Managing Director Joe Gfaller said, “This is an exciting moment of growth for Clear Space as we welcome Wes to join our remarkable team. I am confident he will be an excellent partner as we work with our entire staff, board, and committed team of volunteers, to ensure Clear Space can achieve its full potential in pursuit of our mission to unite and enrich our community through every production on stage, and every arts-based learning program we offer throughout our community.” 

On accepting the position Drummond said, “I’m honored to join Clear Space Theatre Company as artistic director, and beyond excited for what we’re about to create together. Clear Space has established itself as a vital and vibrant part of the cultural life of coastal Delaware, and I feel incredibly fortunate to step into this next chapter alongside such a passionate and dedicated team. Rehoboth Beach is a place defined by creativity and community, and I look forward to listening, learning, and building meaningful relationships across the region in the months ahead. My vision is to help Clear Space continue to grow as a bold, forward-thinking, cultural force, that champions fearless storytelling.”

Wes Drummond

Drummond served in leadership roles at Duluth Playhouse in Duluth, Minn., from 2021 to 2026, including four years as executive director followed by one year as executive producing artistic director, guiding the organization through a period of significant transformation and stability in the wake of the COVID-19 pandemic. As a director, he has worked extensively in New York City, Chicago, and at regional theaters across the country, directing both musical theater and plays with a focus on storytelling that bridges classical works with contemporary perspectives. He has collaborated with leading figures in the industry, including Tony Award-winning director Matthew Warchus, and Tony-nominated director Michael Greif. He is an associate member of the Stage Directors and Choreographers Society.

Wes earned his MFA in directing, Penn State University, where he studied under Tony-nominated director, Susan H. Schulman. 

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Virginia

Va. Supreme Court invalidates Democrat-backed redistricting plan

Voters narrowly approved new congressional districts last month

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Virginia Supreme Court (Photo by sainaniritu/Bigstock)

The Virginia Supreme Court on Friday struck down a Democrat-backed redistricting plan that voters approved last month.

Ten of 11 of Virginia’s congressional districts favor Democrats in the plan that passed by a 51-48 vote margin in last month’s referendum.

The Human Rights Campaign PAC is among the groups that support it. The court by a 4-3 majority invalidated the referendum results.

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District of Columbia

Maren Morris to headline Capital Pride Concert

Grammy award-winning singer/songwriter came out as bisexual in 2024

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Maren Morris (Photo by Debby Wong/Bigstock)

Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, announced on May 7 that nationally acclaimed singer-songwriter Maren Morris, who identifies as bisexual, will be the headline performer at this year’s Capital Pride Concert scheduled for June 21.

The concert takes place as part of the annual Capital Pride Festival held on Pennsylvania Avenue, N.W., usually between 3rd Street near the U.S. Capitol and 9th Street.

“Morris, known for her genre-blending sound and outspoken support of LGBTQ+ rights, will be joined by a standout lineup, including acclaimed queer rapper Leikeli47, pop icon Lisa Lisa, Juno-nominated producer and DJ from the ‘Heated Rivalry’ soundtrack, Harrison, and ‘RuPaul’s Drag Race’ Season 18 winner Myki Meeks,” according to a statement released by Capital Pride.

“In a moment when LGBTQ+ people are being challenged across the country, the Capital Pride Concert is a space where our community is fully seen and heard,” Ryan Bos, the Capital Pride Alliance CEO and president, said in the statement. “Bringing Maren Morris to the stage reflects this year’s theme: Exist, Resist, Have the Audacity,” Bos said.

The statement notes that the concert takes place as part of the annual D.C. Pride Festival, which is open to the public free of charge, with tickets available for purchase for specific areas listed as the Capital Stage Pit Zone and the VIP Concert Zone.

It says the festival takes place from 12 –10 p.m. and points out that in addition to the music performed by multiple other performers on several stages, festival attendees “can explore hundreds of exhibitors, community organizations, and artisans, along with multiple food courts and beverage gardens throughout the festival footprint.”

Information on the Capital Pride Alliance website shows that the festival takes place one day after the annual Capital Pride Parade, scheduled for June 20 and which is expected to travel from 14th and T Streets, N.W., to Pennsylvania Ave., N.W., where it is expected to end at 9th Street.  

The statement adds that following the stage performances during the June 21 festival, which are expected to conclude around 8 p.m., “the celebration will continue with the Capitol Sunset Dance Party, closing out the evening against the backdrop of the U.S. Capitol.”  

The online publication Today, which is part of the NBC “Today” television show, reported that Morris came out as bisexual in a 2024 during Pride. It reports Morris “shared several images of herself holding a Pride flag to mark the occasion, writing, ‘Happy to be the B in LGBTQ+’” 

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