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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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District of Columbia

D.C. Pride officials monitoring Canadian wildfire smoke conditions

Whitman-Walker advises caution if attending outdoor events

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Smoke from the Canadian wildfires have created air quality disturbances across the East Coast. (Screen capture via WUSA9 YouTube)

Organizers of D.C.’s Capital Pride parade scheduled for Saturday, June 10, and the Capital Pride Festival scheduled for Sunday, June 11, which were expected to draw hundreds of thousands of spectators and participants, are monitoring the air quality situation following the Code Red hazardous alert issued by city officials on Wednesday and Thursday.

D.C. officials issued the alerts after massive smoke clouds caused by dozens of Canadian wildfires moved into the mid-Atlantic region, including the D.C. metropolitan area, on Wednesday and were expected to remain in the area at least through Thursday and possibly Friday.

“As with all concerns regarding health and safety issues, the Capital Pride Alliance will monitor the air quality situation resulting from Canadian wildfire smoke and take necessary precautions in consultation with our partners in the D.C. government,” said Ryan Bos, executive director of the Capital Pride Alliance, which organizes D.C.’s annual Pride parade, festival, and other Pride events.

“Any updates or changes will be posted on our website and social media,” Bos told the Washington Blade.

Local and national meteorologists said late Wednesday that it was uncertain whether atmospheric conditions would push the smoke clouds away from the D.C. area by Saturday and Sunday. But they said with rain not expected to come to the region until Monday, the poor air quality could last through the weekend.

In response to an inquiry from the Blade, Dr. Sara Henn, the Chief Health Officer at D.C.’s Whitman-Walker Health, urged those planning to attend the weekend Pride events to “keep an eye on the Air Quality Index (AQI),” which provides the status of the air quality.

“If it is orange or red or purple you may want to modify your plans,” Henn said. She was referring to the AQI score of orange, which is considered potentially harmful to people in risk groups such as the elderly, pregnant women, and people with lung or heart conditions.

The “red” AQI reading is considered to be unhealthy for most or all people regardless of the state of their health. A “purple” AQI reading is considered dangerous for everyone.

“A lot will depend on the wind and how it changes over the next couple of days,” Henn said. “Even healthy regular runners should reduce their outdoor activities on red air quality days and if the air quality is purple people really should stay indoors and events should be rescheduled, if possible,” Henn said.

Henn said those spending time outdoors on code red days should use the KN95 face masks that were considered protective against the COVID virus during the pandemic years.

“Wear them when you are outside to help protect yourself against the air pollution and take them off indoors,” Henn said.

Among those scheduled to participate in the Capital Pride Parade is D.C. Mayor Muriel Bowser. 

The mayor’s office released a statement on Wednesday reminding city residents that the Metropolitan Washington Council of Governments and the D.C. Department of Energy and Environment issued a “Code Red” air quality alert for Wednesday, June 7, and Thursday, June 8.

“Smoke from Canadian wildfires is causing unhealthy air quality in the Washington, D.C. area and the northeast United States, and this problem is likely to continue through Friday,” the mayor’s statement says.

D.C. Health and DOEE recommend that residents pay attention to local air quality reports and the U.S. Air Quality Index at airnow.gov,” the statement says.

More information on air quality can be found here.

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District of Columbia

Large crowds expected at Capital Pride parade, festival

Bowser says there are no credible threats to events

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Mayor Muriel Bowser said last week at a press conference that there are no credible threats to D.C.’s Pride celebrations. (Washington Blade photo by Michael Key)

Hundreds of thousands of people are expected to attend the Capital Pride Parade on Saturday.

The parade will follow a 1.5-mile route that will step off on 14th Street at T Street, N.W., and finish on P Street at 21st Street, N.W. A map of the expected parade route can be found on the Capital Pride website

The Capital Block Party will take place at the intersection of Q and 17th Streets, N.W., during the parade. The party will feature local vendors, food trucks and a 21+ beverage garden and it will also have a designated viewing area for families with children to watch the parade, along with other children’s activities. 

The fourth annual Pride on the Pier will take place at the Wharf during the parade. The event, hosted by the Washington Blade, LURe DC and the Wharf, will have a fireworks show, a DJ and more. 

The parade will be followed by the Capital Pride Festival on June 11. Taking place on Pennsylvania Avenue, N.W., the festival will feature more than 300 booths with local vendors, businesses and organizations. From 12-8 p.m., the Capital Pride Concert will host acts such as Broadway actress Idina Menzel and “RuPaul’s Drag Race” winner Monét X Change.

D.C. Mayor Muriel Bowser last Thursday told the Washington Blade after she helped to raise the Progress Pride flag at the Wilson Building that there have been no credible threats to any upcoming Pride events in D.C. amid a rise in violence against the LGBTQ community. 

“MPD is constantly working with all of our agencies to make sure we have safe special events and we’re going to keep going with our planning, like we do every year,” Bowser said. “There’s always a scan for any threats to the District.”

The Metropolitan Police Department is investigating a bomb threat made on Twitter for the annual District Pride concert scheduled for June 29 at the Lincoln Theatre.

Temperatures are forecast to reach the mid-80s on Saturday and the low-90s on Sunday. Precipitation chances on both days are low.

With recent air quality issues, Alert DC is advising those with respiratory issues to wear masks, avoid strenuous activities and reduce time spent outdoors.

Further details and a full calendar of events can be found on the Capital Pride website.

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Maryland

Moore signs executive order to protect gender-affirming health care in Md.

Ceremony took place during Pride month reception at Government House

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Maryland Gov. Wes Moore on June 5, 2023, signs an executive order that protects gender-affirming health care in the state. (Photo from Moore's office)

Maryland Gov. Wes Moore on Monday signed an executive order that protects gender-affirming health care in the state.

Moore signed the directive during a Pride month reception at Government House in Annapolis.

“In the state of Maryland, nobody should have to justify their own humanity,” said Moore. “This order is focused on ensuring Maryland is a safe place for gender affirming care, especially as other states take misguided and hateful steps to make gender affirming care cause for legal retribution. In Maryland, we are going to lead on this issue.”

“In signing this executive order, this administration is saying to all LGBTQIA+ Marylanders: You deserve to be your authentic selves — during Pride month and every month,” added Lieutenant Gov. Aruna Miller. “You deserve to live safely, openly and freely; and receive the gender-affirming care you need.”

Moore last month signed the Trans Health Equity Act, which requires Maryland’s Medicaid program to cover gender-affirming care. Moore on March 31 signed a proclamation that proclaimed the day as the International Transgender Day of Visibility in Maryland. 

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