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. Black Pride set for Memorial Day Weekend
Dozens of events to reflect theme of ‘New Black Renaissance’
D.C.’s annual LGBTQ Black Pride celebration is scheduled to take place May 22-25 as it has since its founding 35 years ago on Memorial Day Weekend with several dozen events in locations across the city.
Like recent years, most of the official events are scheduled to take place at the Westin D.C. Downtown Hotel, including the Opening Reception on Friday, May 22, when Grammy Award-winning singer-songwriter Durand Bernarr was scheduled to be among the performers.
“This high-energy reception brings together community leaders, creatives, tastemakers, and visitors from across the globe for a night rooted in connection, joy, and celebration,” according to a statement on the Black Pride website.
Also, like past years, the second day of official Black Pride events set for Saturday, May 23, will include a dozen workshop sessions on a wide range of issues and topics. The workshop sessions will take place at the Westin Hotel.
On that same day, Black Trans Pride is scheduled to take place at the hotel from 1- 6 p.m., according to the official schedule of events.
“The goal is and always has been to make sure we have events for everybody, regardless of their financial situation, regardless of their agenda,” said Kenya Hutton, president and CEO of the Center For Black Equity, the D.C. LGBTQ group that organizes D.C. Black Pride.
Hutton said this year for the first time there will be a D.C. Black Pride Fun Run. The Black Pride website says the 5k run will take place Saturday, May 23, from 8 a.m.-12 p.m. starting at the Frederick Douglass Bride near the D.C. Navy Yard.
He said another first will be a film screening of the documentary film “Not Your Average Girl,” about the life of trans woman, author, and advocate Hope Giselle, scheduled for May 22 at the nearby Eaton Hotel.
Also, like in past years, this year’s Black Pride will feature a Rainbow Row organization and vendor expo at the Westin from 5-9 p.m. Friday and 10 a.m. to 8 p.m. on Saturday that includes information tables set up by organizations and vendors.
The annual Pride In The Park event will take place Monday, May 25, from 12-7 p.m. at Fort Dupont Park located at 3600 F St., S.E. And the seventh annual “Brunch & Babes” drag event was scheduled for Sunday, May 24, at Hook Hall nightclub at 3400 Georgia Ave., N.W.
Among the other events taking place at other locations is a Sunday, May 24 “G-Spot Day Party” organized by local gay activist Geno Dunnington to be held at Bravo Bravo nightclub at 1001 Connecticut Ave., N.W. from 3-9 p.m. Dunnington told the Washington Blade the event will include the playing of house music, which he says played a role in local D.C. Black LGBTQ culture and in the first Black Pride celebration in 1991. The Black Pride website includes a write up of how that came about.
“From 1976 until1990, the ClubHouse in Washington, D.C. was a remarkable nightclub founded by Black members of D.C.’s LGBTQ community, widely known for its signature event – the Children’s Hour,” the write-up says. “This event was a true celebration and took place annually during Memorial Day weekend,” it says.
“When the ClubHouse closed in 1990, many feared the Memorial Day tradition would be lost,” the write-up continues. “However, three men – Welmore Cook, Theodore Kirkland, and Ernest Hopkins – envisioned creating an event that would continue the tradition of the Children’s Hour while also bringing awareness to the growing HIV/AIDS epidemic in their community.”
The write-up adds, “Their vision and hard work gave life to the first Black Gay and Lesbian Pride event on May 25, 1991, on the grounds of Banneker Field,” which is located near Howard University. “This first event drew 800 people, who were centered around the theme of ‘Let’s All Come Together.’”
It says organizers expanded the scope of the Black Pride events over the next several years as it evolved and prompted Black Pride events in other cities and the formation of the International Federation of Black Prides, which later became the Center for Black Equity.
“D.C. Black Pride was the catalyst for what is now regarded as the Black Pride Movement,” the writeup says. “Since its birth, more than 50 other Black Pride celebrations now take place throughout the world, many using D.C. Black Pride as its model.”
It adds, “Today, more than 500,000 members of the lesbian, gay, bisexual and transgender community of African descent and their allies come to Washington, D.C. on Memorial Day weekend to celebrate the beauty of a shared community and raise awareness and funding for HIV/AIDS in the name and spirit of Black Pride.”
Hutton said D.C. Black Pride has grown to a point where organizers cannot keep track of all the unofficial events taking place.
“There are a number of events that are not even on our website,” he said. “They’re parties. People are having cookouts. There are all kinds of things that are happening over the weekend, that are official listed events, partner events, and non-partner events.”
As she has in recent past years, D.C. Mayor Muriel Bowser this year issued an official mayoral proclamation declaring May 22-25, 2026 as “DC BLACK PRIDE WEEKEND.”
A list of the official 2026 D.C. Black Pride and partner events and their locations can be accessed at dcblackpride.org.
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The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Jamie Leeds, chef extraordinaire, and owner of Hank’s Oyster Bars, as she ventures into some new areas. Leeds is an award-winning Washington, D.C.–area chef, restaurateur, and entrepreneur with more than three decades of experience shaping the region’s dining scene.
Her first new venture is a restaurant opening in Alexandria this week. It will be called Hank’s Pasta Bar, bringing a personalized twist to classic Italian dining with a hiddenrestaurant-inside-a-restaurant in Old Town, Alexandria. The new trattoria is above Hank’s Oyster Bar, and will feature a build-your-own menu, marking a new direction for Leeds in partnership with chef Darren Norris. Norris brings more than three decades of experience to Hank’s Pasta Bar, with a foundation grounded in Italian cooking. The grand opening was scheduled for May 14. The elevated casual eatery blends an inventive chef-driven menu with an easy-going, sit-down dining experience that puts guests in charge. Hank’s Pasta Bar bridges the gap between elevated fast casual, like Norris’s Shibuya, and full-service dining, like Leeds’s Hank’s Oyster Bar. Diners order electronically at the table, but unlike fast casuals, food and beverages are delivered on plate ware, and a server is on site at all times.
The restaurant-inside-a-restaurant, welcomes guests to dine in with a full bar, including Italian wines and craft cocktails, maintaining its focus on traditional Italian fare with contemporary touches, including a build-your-own pasta bowl experience starting at $16. Create your own pasta bowl from seven artisanal pastas (including gluten-free), nine made-in-house sauces, proteins, vegetables, and toppings. Leeds said, “It’s the kind of place you’d find down a side street in a Tuscan hill town, after being tipped off by a friend who says, ‘trust me.’ If you know, you know.”
The restaurant will continue Hank’s community partnerships, including with Real Food for Kids, supporting programs that improve school food and nutrition equity.
In addition to this you should try Jaimie’s other new venture. Back Door Taco at Hank’s in Dupont Circle. You walk down the alley from 17th Street to the back door of Hank’s, and enter a small patio to partake of great tacos and interesting cocktails.
District of Columbia
HIV Vaccine Awareness Day set for May 18
Whitman-Walker joins nationwide recognition of efforts to develop vaccine
Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.
“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.
“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.
It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”
On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.
“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.
A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.
“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.
“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”
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HIV Vaccine Awareness Day set for May 18
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Calendar: May 15-21
