Local
Judge rules against Choi in ‘vindictive’ prosecution claim
Gay activist on trial for arrest over White House protest
A federal judge ruled on Oct. 11 that gay former Army Lt. Dan Choi cannot argue in his ongoing trial that he was targeted for “selective” or “vindictive” prosecution following his arrest last year for chaining himself to the White House fence in a protest against “Don’t Ask, Don’t Tell.”
In a 17-page decision, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia overturned an earlier ruling by Magistrate Judge John Facciola that allowed Choi’s lawyers to pursue allegations of selective or vindictive prosecution in the trial, which began Aug. 29.
Lamberth’s decision, among other things, granted a petition by prosecutors for a Writ of Mandamus, a formal and unusual request challenging a ruling of a trial judge by appealing to a higher court or to another judge with greater authority.
Under Lamberth’s decision, Facciola is prohibited from “considering selective or vindictive prosecution as a defense to the merits of the prosecution,” prohibited from “allowing evidence as to either claim” and barred from entertaining any motion filed by Choi to dismiss the case based on selective or vindictive prosecution.
Facciola is presiding over a non-jury trial in which Choi is being prosecuted for a misdemeanor charge of disobeying a lawful police order to disperse from the White House fence. Although the prohibition against Choi’s use of a defense based on selective or vindictive prosecution is a blow to the defense, one of his attorneys, Norman Kent, said Sunday that the defense will move forward on other grounds and that Choi’s defense team remains confident that Choi will be found not guilty.
Choi was the only one of a group of protesters arrested during the November 2010 protest that did not agree to plead guilty to the charge in exchange for having the case dismissed if they weren’t arrested again at the White House within a four-month period.
Through his attorneys, Choi has argued that he had a constitutional right to handcuff himself to the White House fence. The attorneys also have contested the government’s case on a technicality, saying police ordered Choi to disperse from the sidewalk. They note that Choi was standing on an elevated ledge on which the White House fence is attached, not the sidewalk itself and thus Choi was not legally bound to obey the police order.
Lamberth said in his decision that prosecutors were correct in arguing that under longstanding court rules of evidence, a case alleging selective or vindictive prosecution must be initiated in a pre-trial motion, not during the trial itself.
Choi’s attorneys — Kent of Fort Lauderdale, Fla., and Robert Feldman of New York — have argued that they lacked sufficient evidence of selective or vindictive prosecution prior to the start of the trial. The two said persuasive evidence of a selective-vindictive prosecution only emerged during their cross-examination of government witnesses during the trial itself.
Following strong opposition by the prosecutor in the case, Facciola ruled on Aug. 31 that preliminary evidence existed to show a selective or vindictive prosecution could have occurred against Choi. Facciola ruled that Choi’s lawyers could go forward with using selective-vindictive enforcement as a defense.
Feldman and Kent argued that Choi’s decision to handcuff himself to the White House fence in November 2010 was identical to two prior White House protests in which he and others handcuffed themselves to the fence. They noted that while prosecutors charged Choi in the earlier protests under a local municipal statute that carried no jail time, in the November 2010 protests, they charged Choi under a more stringent federal statute that includes a possible sentence of six months in jail.
Feldman and Kent alleged that prosecutors chose the more stringent statute in the November case because Choi’s protests were embarrassing the Obama administration over the gays in the military issue. They said the harsher prosecution was in retaliation for Choi’s political message that the White House wasn’t moving fast enough to repeal “Don’t Ask, Don’t Tell.”
Assistant U.S. Attorney Angela George, the lead prosecutor in the case, disputed that assertion, saying the government prosecuted Choi for refusing to obey a lawful order by police to move away from the White House fence. She said Choi’s political message was irrelevant to the government’s case and had no role in the decision to prosecute him.
In court briefs, George said prosecutors charged Choi under a more stringent law in the November case because it was the third time in less than a year that he had been arrested for the same illegal conduct and the government has legal discretion to select different statutes or regulations under which to make an arrest in such a case.
Facciola put the trial on hold on Aug. 31 after George said the government would take the unusual step of challenging his ruling through a Petition for a Writ of Mandamus. Under U.S. District Court rules, the court’s chief judge rules on such a petition.
Kent told the Blade on Oct. 16 that following consultation with Choi he and Feldman are strongly considering appealing Lamberth’s decision to the U.S. Court of Appeals for D.C. He said Choi’s legal team would make a final decision on whether to file an appeal by Oct. 20, a deadline set by Judge Facciola for the two sides to inform the court whether an appeal will be made or whether the trial will resume.
Choi enjoyed widespread support from LGBT activists when he worked with the LGBT direct action group GetEqual last year in a series of non-violent civil disobedience protests at the White House and other locations to pressure Congress and the Obama administration to push harder for repeal of “Don’t Ask, Don’t Tell.”
But since Obama signed legislation approved by Congress repealing “Don’t Ask, Don’t Tell” and since the repeal took effect on Sept. 20, some activists have questioned the rationale for Choi’s decision to demand a trial in the current case. Some have asked why Choi is contesting the type of civil disobedience arrest that most other protesters acknowledge involves breaking a law and choose to resolve by paying a small fine or agreeing to a plea offer like the one prosecutors made to Choi.
Gay rights attorney and television commentator Mark Levine called non-violent civil disobedience arrests an important and historic tradition in the U.S. civil rights movement made famous by Martin Luther King Jr. in his efforts to end racial discrimination. Levine said the benefit of drawing public attention to an injustice comes from the arrest itself, “not a long drawn out trial that has the potential for wasting court resources that would be better used for something else.”
Choi has said he chose to take his case to trial because he believes his action handcuffing himself to the White House fence is protected by his First Amendment right to free speech and should not be considered an illegal act.
District of Columbia
D.C. police chief rescinds request to close Dupont Circle Park for WorldPride
Council member Parker hopeful U.S. Park Service will agree to change
D.C. Council member Zachary Parker (D-Ward 5) announced that at his request, D.C. Police Chief Pamela Smith agreed to ask the U.S. Park Service to rescind its decision at her earlier request to close Dupont Circle Park this weekend for WorldPride events.
The Park Service announced in a statement Monday night, June 2, that it would close Dupont Circle Park from Thursday, June 5 to Monday, June 9, at the request of Chief Smith, to prevent “destructive and disorderly behavior” by WorldPride participants.
“I spoke to Chief Smith this morning and I’m glad to report that the decision to close Dupont Circle park is being rescinded,” Parker, the Council’s only openly gay member, said in a posting on X. “The Park is central to the LGBTQ community and neighbors will be happy to enjoy it this year for WorldPride,” Parker stated in his X post.
But Parker spokesperson Melissa Littlepage told the Blade that while Parker believes the U.S. Park Service will agree to Smith’s request to rescind the closing of Dupont Circle Park, Parker did not contact the Park Service to confirm that.
National Park Service spokesperson Mike Litterst, who released the statement on Monday announcing the closure of Dupont Circle Park for WorldPride weekend, didn’t immediately respond to a Washington Blade inquiry on Tuesday, June 3, asking for confirmation of whether the Park Service has agreed to Chief Smith’s request to rescind the park closure.
Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual Pride events and that is serving as lead organizer for this year’s WorldPride events, said no official WorldPride events were scheduled to take place at Dupont Circle Park this weekend.
Bos said he could not confirm whether individuals or groups not associated with Capital Pride Alliance planned to hold an event there this weekend.
The National Park Service statement on June 2 announcing plans to close Dupont Circle park this weekend made it clear that the action came at the request of D.C. police.
“At the request of the Metropolitan Police Department of the District of Columbia, with the concurrence of the United States Park Police, the National Park Service will temporarily close Dupont Circle park this weekend, beginning Thursday, June 5 to Monday, June 9, as a public safety measure and to protect park resources during WorldPride celebrations,” the statement says.
The statement adds, “This decision was based on a history and pattern of destructive and disorderly behavior from unpermitted activities happening in the park during past DC Pride weekends, including vandalism in 2023 that resulted in approximately $175,000 in damage to the historic Dupont Circle fountain.”
Bos said he was certain that any damage that occurred in the Dupont Circle Park was not caused by participants of Capital Pride events.
This story continues to unfold and will be updated when more information becomes available.
Baltimore
Baltimore Pride to hold annual ‘50 Shades of Pride’ festival
Event kicks off with June 9 happy hour at EMA’s Corner
Hosting its “50 Shades of Pride” anniversary, Baltimore Pride will have various events from June 9-15 to celebrate the LGBTQ community.
Kicking off with an opening happy hour with good vibes, music, and signature drinks on June 9, community members can head to EMA’s Corner for a night of joy, community, and bold self-expression.
According to Baltimore Pride’s website, attendees from 5-9 p.m. can show off their “unique shade of Pride” by dressing down or going full glam.
Hosting another happy hour on June 11 from 5-9 p.m., the Manor in Mount Vernon allows attendees to “sip, socialize, and celebrate 50 years of Baltimore Pride in style.” Filled with Insta-worthy photo moments, signature cocktails, and feel-good Pride anthems played by a live DJ, this event will promote community, connection, and culture.
Ditching the drinks for a flag in hand, Baltimore Pride is taking over Mount Vernon for a vibrant block-style celebration June 13 from 3-8 p.m.
Mount Vernon Pride will be filled with live music, art installations and community vendors, food trucks and an outdoor bar, Pride merch, dance zones, and hangout lounges. The event is free and open to all ages, taking place on Park Avenue and Read Street.
Giving you some time to enjoy Mount Vernon Pride, Baltimore Pride’s Twilight on the Terrace will take place from 7-11 p.m. on June 13, giving attendees “a night of dancing under the stars, fine food, open bar, and great music.”
The “original Dreamgirl herself,” and Tony award and Grammy-award winner Jennifer Holliday, will grace the stage at M&T Bank Exchange at the France-Merrick Performing Arts Center with her “soul-stirring vocals and electrifying presence” for an unforgettable night.
Attendees are able to mix and mingle over signature cocktails and gourmet bites before and after the show with community leaders, culture icons, and changemakers at the Gala Reception.
Limited seating is available, and attendees are expected to “dress to impress.”
Celebrating its 50th anniversary, Baltimore Pride will host its annual Pride parade on Charles Street and North Avenue on June 14 at 12 p.m. Floats, dancers, DJs, and marching bands will walk along that route that “winds through the heart of Baltimore.”
Onlookers are able to cheer from the sidelines of the parade while drag queens and community organizations celebrate LGBTQ joy, history, and resistance.
The event will also feature announcers and special guest appearances.
Admission is free for all ages, and attendees are encouraged to bring flags, signs, and lots of energy.
Shutting down Charles Street once again, Baltimore Pride is hosting its annual Block Party.
From 3 p.m. until sunset on June 14, headliner and rapper Lola Brooke will perform as attendees visit local vendors, food trucks, street eats, dance zones, and more.
Giving community members a chance to interact with 10 local drag entertainers, Baltimore Pride is hosting its own Pride drag brunch at 1611 Guilford Ave. on June 15. Filled with “jaw-dropping performances” with brunch and drinks included with purchase, attendees can be prepared to “slay” their Sunday and honor the “many shades, styles, and stories” that make up the LGBTQ community.
Doors open at noon with the show starting at 1:15 p.m. with a $20 admission fee.
Ending its week of celebration, Baltimore Pride is hosting Pride in the Park from 12-6 p.m. at Druid Hill Park. Community members are invited to celebrate “a day of love, laughter, and community in the heart of nature.”
Attendees will have lots to choose from for entertainment with live performances from special guests, like singer and songwriter Durand Bernarr and gospel singer Kelly Pride, community vendors, food trucks, and a family zone with arts, games, and activities. Pet-friendly with a variety of opportunities for photo ops and giveaways, this event is free with an RSVP and open to all to celebrate the LGBTQ community authentically and unapologetically.
District of Columbia
Here comes the Pride: Freddie Lutz, Johnny Cervantes to wed during WorldPride Parade
‘Love is good for business’
For 28 years, Freddie Lutz and Johnny Cervantes have been through nearly everything together. From starting one of the most successful and well-known LGBTQ bars in the DMV — Freddie’s Beach Bar and later opening a second location in Rehoboth — to navigating a pandemic and even overcoming death threats for supporting the LGBTQ community, the pair has been through a lot.
So it only makes sense for them to take advantage of a once-in-a-lifetime opportunity and get married in the middle of the WorldPride parade as it makes its way down 14th Street.
For the longest time, the couple had contemplated getting married, but according to Lutz, none of those times felt quite right.
“When they passed gay marriage in Virginia, I asked him if he wanted to get married the following day,” Lutz told the Blade. “And [Cervantes] said, ‘No, but you can take me to Tiffany’s.’”
Cervantes shared that although the thought had crossed his mind, he had seen the two as committed long before the courts deemed them worthy.
“I don’t think it was until about 2009 that we really considered marriage,” Cervantes said. “We had gone to some fundraiser where Gavin Newsom was speaking — he was such an advocate for gay rights and gay marriage, that that’s what kind of got us both thinking. Like any other marginalized group, you learn to feel that you’re not worthy, that you’re not entitled to certain rights. However, his speech at that time got us realizing that we were worthy and were entitled to marriage.”
“We still hadn’t taken advantage of marriage because it’s like—we have our daily lives together, both in Arlington and in Rehoboth,” Cervantes added. “I think spiritually, we have been committed as if we were married to each other. Going through a ceremony wouldn’t change things.”
Another—and seemingly bigger—concern the pair had about throwing a wedding was who would make the guest list—and which one of their friends would have to sit out due to the nature of hosting such an event.
“We’ve thought about getting married a few times over the past 28 years, but we know so many people that I said to him, ‘Oh my gosh, where would we cut off the invitation list?’ I’d have a lot of pissed off people at me. This way, we’re literally inviting the entire world,” Lutz said.
And invite the world they have. As their home becomes the center of the gay universe this week with WorldPride coming to Washington, the pair decided to get married with some special help and support from the Equality Chamber of Commerce DC (ECCDC).
“If you know Freddie, the idea of his wedding being in the middle of a Pride parade embodies the joy of who he is and his whole spirit,” said Kat Dean, director of the Equality Chamber Foundation. “It was this perfect alignment of continuing to lift up queer economic empowerment and give the spotlight back onto him. I mean, this is what we do as a chamber. Our whole purpose is to continue to uplift businesses—and this is a great way for us to uplift a cornerstone of queer businesses in the area. He’s brought a lot of joy and community into a lot of people’s lives. This is our way of kind of thanking him for the work that he’s done by serving the community.”
When asked what has been the most exciting part of making this idea a reality, Dean—one of the float’s original concept creators and one of the people responsible for the Pride Parade wedding idea—was ready with an answer.
“To watch the design that’s being built by this incredible designer, and seeing that concept start to come to life—it’s been, honestly, a lot of joy when a project like this unfolds,” she said. “Kevin Fenton is the designer from Walla Design that has helped with the marketing and the branding of this. He’s been really integral in pushing out the message and has done a really fabulous job. August Henney designed the float. We’ve received some donated material as well and some support from the community. But really, it’s less about the organizations that have been helping, and more about the individuals who are helping to build the float, to get it up there. There’s some people from our board, some volunteers from our community—a bunch of people coming together to help make this super duper fun.”
This project has been in the works since February, according to Dean, and was inspired by her own recent path to marriage.
“We knew that we, ECCDC, were going to have a float in the parade. We got approved at the beginning of the year that we were actually able to have a float,” Dean said. “I believe it was because of our February Chamber Connect [the monthly networking series], that was conveniently at Freddie’s. But that was not the correlation at the time. It was at Freddie’s in Arlington, but no direct tie-in at all that it had come out.”
“My partner and I had just decided to get engaged and get married,” she added. “The chamber was still coming up with what the idea was for the float, and one conversation led to the next, and the topic of gay marriage came up. The day after the Chamber Connect, I sent out an email—I think at like 6:30 in the morning—to a couple people that I started talking to, including our executive director, and said, ‘Hey, here’s a rough idea following our conversation from last night,’ and everyone just jumped on it.”
As discussions of logistics continued, Dean and her wife took some time to get married ahead of the chaos of WorldPride. This led them to a mini-honeymoon in Rehoboth, where they met Lutz.
“We connected with Freddie and we were talking to him about our wedding. My wife and I were actually in Rehoboth, and we were having a little ‘mini-moon’ there after we just got married. We were telling him about the wedding and the decision of why we wanted to get married sooner rather than later.”
“He told me that he had had similar thoughts with his partner of 28 years, and they were deciding to do the same thing. And after a couple orange crushes, I turned and looked at him, and I said, ‘Hey, how about you do this in the middle of the Pride parade? We’ve got a chapel already being built.’ It was fate! This was almost identical to the idea that he and Johnny wanted to have, and there was just no better choice for us than having somebody who’s been an incredible member of the DMV queer community and an awesome chamber member for many years.”
Lutz explained that this organic conversation between the two sparked an unexpected but perfect alignment of dreams and opportunity.
“I have a second Freddie’s location in Rehoboth Beach, and I’m literally down there two weeks ago, and I’m chatting this girl up at the bar, and she says, ‘I’m with the Equality Chamber of Washington. We are doing a wedding chapel float in the WorldPride Parade,’” Lutz said. “And I said, ‘Wait, what? That’s my all-time dream—to get married on a Pride float with Johnny.’ I couldn’t believe it. I’ve been actually thinking about doing a wedding float with Freddie’s for years—I’ve been talking about it for years. So she says to me, ‘We’re going to be marrying several couples on the float. Would you like to be one of them?’ And I said, ‘No, but if you’ll do just us and let me put Freddie’s signage on the float, I’ll do it.’”
“I do think I probably owe that couple [Dean and her wife] a nice wedding gift,” Lutz added, laughing.
“I know that this is something that he always wanted,” Cervantes said. “Freddie and I are like yin and yang. We’re almost exact opposites of each other. And I like to think I bring the voice of reason to the relationship and he brings creativity and excitement.”
The meeting of Dean and Lutz in an LGBTQ bar—which ultimately led to the wedding coming to fruition—closely mirrors how the soon-to-be-wed grooms first met.
The couple met in another of Washington’s best-known LGBTQ institutions—JR.’s.
“I was actually meeting with a group of people, and we were celebrating my birthday and my friend Dylan’s birthday,” Lutz said. “We all met for a drink at JR.’s, and then went to dinner at Trumpets. Johnny was sitting way down at the end of the table, and I kept looking at him, and that’s how we met.”
The opportunity Lutz and Cervantes had to meet—specifically at an LGBTQ-run business—is exactly the message Dean hopes to highlight with the float and with ECCDC overall.
“We keep going with this tagline—‘Love is good for business,’” Dean said. “Support of queer economic power. But it’s also to remind you guys that we’re here to support you and support our community in whatever it is that they’re doing. We’re just really excited to share in the joy and share in Pride with everyone.”
“I’m so excited,” Lutz said. “I can’t believe that this dropped in my lap just two weeks ago. I mean, we just agreed to do it six days ago.”
“It’s going to be fun,” Cervantes said. “I’ve ridden with Fred in the Pride Parade—just what to expect from the crowd and the number of people there—and it’s always very friendly and celebratory, and I think that’s going to just make our event even more special.”
As the parade rolls through the heart of D.C., the float will transform into the ultimate queer altar, giving the couple the chance to say “I do” while the world celebrates love, visibility, and acceptance around them.
The Little Gay Chapel will be decorated to the nines—with floral arrangements, music, signage, and surprise elements—making it a rolling celebration of queer joy. The float will travel down the increasingly queer 14th Street, pass through Thomas Circle, and head toward Pennsylvania Avenue, where the celebration will culminate at the annual Tea Dance Party overlooking the U.S. Capitol.
When asked if there was anything special about the float—besides the fact that a whole wedding would be taking place as the Little Gay Chapel travels down 14th Street—Lutz said to keep an eye out for the outfits and party invitations.
“I asked them to build a little box for Johnny, because he’s shorter than I, and he will be in black tails with a top hat, and I’ll be in white tails with a white bow tie and a white dress under it,” Lutz said, beaming while showing the Blade inspirational images of the outfits. “And the wedding reception invitation that will be passed out along the parade route says, ‘You are cordially invited to drag your gay asses across the river to celebrate the marriage of Freddie Lutz and Johnny Cervantes at Freddie’s Beach Bar, the only straight-friendly gay bar in Northern Virginia.’”
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