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Lesbian officers accuse D.C. police of discrimination

Mendelson urges city to settle lawsuit charging harassment, retaliation

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Phil Mendelson

‘I would hope that the department has gotten better since the time of these allegations,’ said acting D.C. City Council Chair Phil Mendelson about a bias lawsuit filed by two lesbian police officers. (Washington Blade file photo by Michael Key)

Acting D.C. City Council Chair Phil Mendelson (D-At-Large) said he would like to see the city’s attorney general consider settling a little noticed discrimination lawsuit filed against the District in January 2011 by two lesbian members of the Metropolitan Police Department.

Det. Kennis M. Weeks and Officer Tonia L. Jones charge in a 38-page complaint filed in U.S. District Court for the District of Columbia that they’ve been subjected to discrimination, harassment and retaliation based on their sexual orientation and sex since September 2006, when they disclosed they were in a same-sex relationship.

“One would hope the alleged conduct is no longer continuing,” said Mendelson, who chairs the Council committee that oversees the police department. “And I would hope that the department has gotten better since the time of these allegations.”

The lawsuit charges that at least seven sergeants, two lieutenants, and three officers from the Seventh District – along with Seventh District Commander Joel Maupin – played some role in carrying out the alleged discrimination.

Police officials “created and tolerated an environment in which employees could harass plaintiffs on the basis of their sex and sexual orientation without any investigation or repercussions,” the lawsuit says.

It says Weeks and Jones filed complaints of discrimination based on sexual orientation and sexual harassment in October 2007 with the police department’s Equal Employment Opportunity Compliance Division.

“On Nov. 19, 2007, MDP’s Assistant Chief, Peter Newsham, made a decision not to investigate plaintiff’s internal EEO complaints,” the lawsuit says.

Cathy Harris, the attorney representing the two women, said Newsham instead told them they should file their complaint with the city’s Office of Human Rights.

“They were shocked that the department wouldn’t address this internally,” Harris said.

When asked about the case following an Aug. 9 news conference on an unrelated issue, Newsham told the Blade he couldn’t discuss details of a pending case.

“With regards to any lawsuits, you know that people draw up whatever type of complaint they want, and just because someone raises those issues doesn’t mean they’re true,” he said. “Things have to be verified and investigated. So I think it’s premature to draw any conclusion from a civil complaint that’s filed somewhere,” he said.

D.C. police spokesperson Gwendolyn Crump said police are referring all inquires about the case to the D.C. Attorney General’s office, which is defending the city against the lawsuit in court.

Ted Gest, a spokesperson for D.C. Attorney General Irvin Nathan, said his office also had no comment on the case. Gest said that at the present time, the office’s response to the case – Tonia L. Jones and Kennis M. Weeks vs. the District of Columbia – is reflected in their court filings.

The court filings on behalf of the city contest some of the claims made by Weeks and Jones on procedural and technical grounds, saying their attorneys missed filing deadlines requiring that the claims be dismissed. A March 23, 2011 brief filed by Nathan and three other attorneys from the Attorney General’s office disputes several of Weeks and Jones’ discrimination allegations on the merits, saying Seventh District supervisors based their actions on standard personnel practices rather than discrimination.

On July 25, U.S. District Court Judge Rosemary M. Collyer approved a motion by the city calling for dismissal of several of the claims in the case, including those alleging that the police action violated Weeks and Jones’ First Amendment constitutional right of freedom of speech by allegedly retaliating against them when they filed an internal police grievance about the alleged discrimination.

Collyer also dismissed the plaintiff’s claim that police and the city violated their Fourteenth Amendment rights to due process and equal protection under the law.

But the judge left in place most of Weeks and Jones’ other claims of sexual orientation discrimination under the D.C. Human Rights Act and sex discrimination under Title VII of the U.S. Civil Rights Act of 1964.

In her ruling, Collyer noted that the D.C. Office of Human Rights found probable cause in several of the lawsuit’s allegations that police officials committed sexual orientation and sex discrimination against Weeks and Jones in violation of the D.C. Human Rights Act. Attorneys for Weeks and Jones have since transferred the case from the Human Rights Office to the court’s jurisdiction.

In its brief contesting the lawsuit, the D.C. Attorney General’s office argued that the Office of Human Rights also found no probable cause that “plaintiffs were subjected to disparate treatment on the bases of sexual orientation and sex” regarding their specific allegation that they were not allowed to ride together in a police cruiser on patrol duty.

The attorney general’s brief also says no probable cause was found for an allegation in the lawsuit that a decision to give police cases that Jones was working on to male detectives was based on discrimination.

A court scheduling conference is set for Aug. 28, where court observers say a trial date might be scheduled.

Mendelson said he was unaware of the lawsuit until the Blade informed him about it last week and provided him with an online link to the complaint.

“Of course we don’t know what the facts are because this is still pending in court,” Mendelson said. “It’s discouraging to read this kind of alleged conduct. And of course the judicial process is one where the facts will be determined,” he said.

“I would hope that the police department is addressing this and the attorney general is looking at whether it would be better for the District to just settle the case and ensure that this kind of conduct no longer occurs,” Mendelson said.

Although filed in January 2011, the case received no known news media coverage until Aug. 3, when Courthouse News Service published an online story reporting that Judge Collyer dismissed some of the claims in the case while upholding others. Three days later, Huffington Post published a similar story with the link to the Courthouse News Service story.

News of the case is likely to raise concern among LGBT activists, who have been assured by D.C. Police Chief Cathy Lanier that anti-LGBT bias within the ranks of the department was mostly a thing of the past and that the department doesn’t tolerate such bias.

The lawsuit says the alleged discrimination and harassment began in September 2006 after Weeks and Jones told one of their supervisors at the Seventh District, Sgt. Jon Podorski, that they were a couple. The two had been squad car partners since early 2006 and began a relationship in July of that year, the lawsuit says.

“Almost immediately thereafter, the sergeants began harassing them and subjecting them to a hostile working environment on a frequent and continuing basis,” the suit says.

“Plaintiffs complained about the discrimination to MPD in January 2007,” it says. “However, this had the effect of continuing and increasing the harassment and hostile work environment.”

According to the lawsuit, several of the sergeants named in the suit continuously made derogatory comments about Weeks and Jones in the presence of fellow officers and supervisors. Among other things, the suit says the sergeants – who served as Weeks and Jones’ supervisors – urged them to have sex with men, with one sergeant referring to Jones as the “butch one” and Weeks as the “femme one.”

During a May 2007 party in which many Seventh District officers were in attendance, one sergeant shouted in a loud voice to both Jones and Weeks, “Do you wanna fuck?” the lawsuit says.

“Plaintiffs were mortified, embarrassed and threatened by this verbal assault, which was within earshot of many of their colleagues,” the suit says.

In September 2007 an officer told Weeks and Jones he wanted to watch them have sex and that he would “pay them $5,000 for the opportunity to do so,” the lawsuit says.

“On February 17, 2009, someone put an open tampon and parts of the tampon wrapper on plaintiff Weeks’ desk,” it says. “Plaintiff Weeks reported the incident to defendant and requested an official investigation. Defendant never initiated an investigation,” according to the lawsuit.

Attorney Harris said the two women were shocked and horrified over an October 2006 incident that occurred shortly after they informed Podorski of their relationship.

“Plaintiffs and Sgt. Podorski responded to a call on Stanton Road regarding an alleged assault with a deadly weapon,” the lawsuit says. “The matter concerned a mother, a relative and a child. The mother and relative had responded violently after the child had informed them that she was gay.”

The lawsuit continues: “Plaintiffs intended to arrest the mother and the relative for the violent offenses. But Sgt. Podorski instructed the plaintiffs to instead take the child to the Psychiatric Institute of Washington and have her committed because she was gay,” the lawsuit says.

“He also stated that no arrest should be made because it was ‘only’ a domestic disturbance. Plaintiffs objected to this order,” the lawsuit says. “Sgt. Podorski was later investigated by the MPD for this incident and, upon information and belief, he was suspended. Nevertheless, despite the complaints made by plaintiffs about Podorski’s harassment and his discriminatory conduct, he has never been disciplined for his harassment of plaintiffs,” the lawsuit alleges.

Harris said her clients separated as a couple over a year ago, in part, due to the stress they encountered from the harassment and discrimination charged in the lawsuit.

The lawsuit, among other things, calls for compensatory damages and back pay for what Jones claims is the loss of a promotion due to bias on the part of police officials.

“I really want to make it clear about my clients,” Harris said. “They’re not doing it because of the money. They’re doing it because what happened to them was wrong and they want to make sure that this doesn’t happen to any other officer or detective or employee of the MPD, no matter what their sexual orientation or gender is.”

Harris said she never informed the media about the case because Weeks and Jones were hopeful that the case could be resolved quietly.

“They were not seeking publicity – just relief and justice,” she said.

Now that the case is beginning to receive public attention, Harris added, “Anything the gay community can do to help D.C. understand that this is totally unacceptable and should be resolved – we’re happy to get that support.”

“Even though this case is still under investigation, the allegations show a deeper homophobia present in MPD than leadership, including Chief Lanier, publicly acknowledges,” A.J. Singletary, chair of Gays and Lesbians Opposing Violence (GLOV) told the Blade, Wednesday. “Rather than fight the charges on procedural and technical grounds, GLOV urges MPD to investigate the actual allegations and fix not only the specific issue with the two women involved but also the broader problem of homophobia within MPD.”

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Rehoboth Beach

Rehoboth’s Blue Moon sold; new owners to preserve LGBTQ legacy

‘They don’t want to change a thing’

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The Blue Moon in Rehoboth Beach was sold. (Washington Blade photo by Michael Key)

The iconic Blue Moon restaurant and bar in Rehoboth Beach, Del., has been sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan.

Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. 

“They don’t want to change a thing,” Ragan said. “They’re local people, they live here. Dale worked his first job at Dolle’s.”

Ragan and Haney did not sell the business, only the real estate. The deal includes a 10-year lease with renewal options under which Ragan and Haney will continue to operate the Moon. He noted that the couple could opt to sell the business at any time.

“It’s going really well so I’m not in any hurry,” Ragan told the Blade. “It’s hard to run a business and manage a property that’s 120 years old — now someone else has to fix the air conditioning. Our responsibility will be to run the business.”

Ragan offered reassurances that the Moon will continue to be a gay-friendly destination.

“Dale’s comment was that Rehoboth has been good to us and we just want to give back. The Moon is part of Rehoboth’s history and we want to preserve that.”

He said there are no immediate changes planned for the structure, apart from a new roof in the atrium that was damaged in a hail storm. Ragan noted that the property comes with several apartment rental licenses that they have never exercised and the new owners may decide to rent those out.

The Blue Moon business, at 35 Baltimore Ave., dates to 1981 and is an integral part of Rehoboth’s LGBTQ community, hosting countless entertainment events, drag shows, and more over 45 years. Local residents have celebrated birthdays, anniversaries, weddings, and other special occasions in the acclaimed restaurant. 

The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million. The bar and restaurant business were being sold separately. 

But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer had been found but the sale was not yet final.

Ragan said the issue was the parties couldn’t resolve how much was owed due to a disagreement with the bank. “We didn’t owe $3 million,” he said. “We said we’re not paying any more until we sell.” 

The sale contract was written five months ago. It took three attorneys to get a payoff amount agreed to by the bank, he added.

“No one wanted to buy both things. We now have a longterm lease. We couldn’t be happier.”

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Delaware

Rep. Sarah McBride reflects on first year in Congress amid political backlash

The Blade sat down with the Delaware Congresswoman to discuss her first year in office as her team gears up for the midterms

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

Delaware is widely known for its firsts. It’s the first state to ratify the U.S. Constitution, the first to join the Union, and the first to decide that no sales tax would be levied on its citizens.  

Another historic first to come from Delaware is Sarah McBride. McBride is the first and only transgender member of Congress. The Blade sat down for an exclusive interview with the congresswoman to discuss a wide array of topics — from the Trump administration’s attacks on transgender service members to her current obsession with the reality TV show “The Traitors” — as well as her legislative work, which has already made her one of the busier members of her freshman class.

Her office in the Longworth House Office Building reflects the nuances of her political identity: deeply serious policymaking paired with an unmistakable sense of personality. Photographs of McBride with friends, family, and political heroes line the walls. A windowsill is filled with crystals. A “Bridgerton” pillow sits on her office couch — small artifacts that soften the institutional weight of Capitol Hill without diminishing it.

When asked how she was feeling more than a year into her first term, McBride acknowledged the climate she was elected into — marked by what she described as toxicity and division under Trump-era politics — but explained that she remains energized by the work ahead.

“I am more energized and motivated now than I was a year and a half ago,” said McBride from her Longworth office. “I’m also more hopeful than I was when I first started here. It was a couple of weeks before Donald Trump was sworn in – the chaos, the cruelty, and the fear was pretty pronounced.”

That sense of hope, she made clear, is not necessarily shaped by the noise inside Congress—including attacks from colleagues like Rep. Nancy Mace (R-S.C.) and Rep. Keith Self (R-Texas)— but instead by what she sees from the constituents she represents back home.

“I have seen the goodness of my neighbors, the goodness of people across Delaware who remind me, day in and day out, that the division and the toxicity we see online are not actually representative of real life. That social media can impact real life, but it’s not representative of it, and that is, for me, incredibly comforting, and I think, a profound reminder that we can still have conversations across disagreement, we can still persuade people, and we can still grow our ranks.”

That belief — that persuasion is still possible — serves as the through line for how McBride views both her role in Congress and the broader political moment. It also frames her sharp criticism of the Trump-Vance administration, which she argues is rooted less in governance than in destruction.

“Donald Trump is not a conservative, he is not a traditional Republican. Trump wants to destroy. His billionaire donors want to destroy. They thrive in a culture of cynicism. They want to destroy our attention span and mine what little remains for parts. They want to destroy jobs and health care so they can consolidate power for themselves, and in this moment, they want to destroy the international moral order so that the strong can plunder the weak.”

Still, she argues, that approach may be backfiring politically, something she says has only strengthened her sense of optimism.

“We have seen public opinion turn against the cruelty and incompetence of this administration, we’ve seen outrage and rightful opposition. One of the things that I feared early on was that this administration’s momentum would only grow, but instead what we’ve seen is that the cult of personality has begun to break. A growing and very large majority of Americans oppose what they’re seeing from this administration, and that is hope inducing for me. But beyond all of that, I am more motivated because of the change that I’ve been able to witness here in this office and on behalf of my constituents.”

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

That motivation is not abstract. It is measured in casework, legislative negotiations, and tangible dollars flowing back to Delaware. Alongside broader efforts, McBride co-sponsored the bipartisan “Equal Opportunity for All Investors Act” (H.R. 3339), which passed the House unanimously in 2025 while referred to the Committee on Banking, Housing, and Urban Affairs. The legislation broadened access to investment opportunities by allowing individuals to qualify as accredited investors based on expertise rather than wealth alone.

“Our office has returned roughly $5 million to individual Delawareans and secured roughly $150 million in critical investments for Delaware. I’ve been able to introduce more bipartisan bills here in Congress than any other freshman, and we’ve been able to prevent every single anti-trans bill or major provision from becoming law. That is something that I don’t know that I would have believed was possible, but it’s been a byproduct of the strategy that we have undertaken. In short, what I’ve seen is that we can still win hearts and minds and that you can still deliver for people here in Congress.”

That emphasis on strategy over spectacle defines much of McBride’s approach to politics. It also informs how she navigates her identity as the first openly transgender member of Congress. While her presence carries symbolic weight, she resists the idea that symbolism alone is sufficient.

“No single person can be the voice of any one community, certainly not a community as diverse as the entirety of the LGBT community. I believe that part of my responsibility as a trans person who has the privilege of serving here is to guarantee that while I may be a first, I’m not the last. One of the reasons why anti-trans politics has been so successful is because the right wing has characterized trans people, and one of the greatest things that I can contribute is helping to diversify the public’s understanding of who trans people are. That does far more to change the public’s perception and political dynamics than anything else that I could do.”

Much of that work, she emphasized, happens away from cameras and headlines. It’s an approach that has at times drawn criticism from some LGBTQ advocates who favor more confrontational tactics, but one she frames as essential to long-term change.

“In a social media age, we perceive advocacy to look like one very loud thing, but a lot of my work is also behind the scenes. Speaking out and posting a clip is not the only way to advocate for people; in fact, it’s often the avenue of last resort if you actually want to deliver results. Despite a campaign that spent $200 million in anti-trans ads and an administration obsessed with trans people, not a single anti-trans bill or provision has become law. That’s not by coincidence, it’s by hard work and a strategic approach to defending the LGBTQ community.”

That same discipline carries into how she handles political attacks and public scrutiny.

“When you are a first, people will be out in force to try to bait you into fights to prove that people like you don’t belong. If you respond to provocations, they will turn you into a caricature and say you’re the aggressor. My job is to be a proud Delawarean and a damn good legislator, and the rest will follow from that. When you don’t take the bait, you protect your ability to deliver results.”

That approach has helped her build unlikely alliances across the aisle.

“I made it clear that I was willing to work with anyone if we could find common ground to help my constituents. As a byproduct, a number of my Republican colleagues came up to me and said welcome to Congress and let’s find opportunities to work together. That has resulted in me being able to introduce more bipartisan bills than any other freshman. We’ve been able to secure investments and pass legislation that opens up more capital to entrepreneurs from underrepresented backgrounds.”

Looking ahead to the midterms, McBride is both cautious and pragmatic.

“I feel cautiously optimistic that if the election were held today, that Democrats would win a majority in the House, but the problem is that the election is not held today. Republicans will be out in force with a boatload of money and will continue to try to use people like me as a political wedge issue. We have to meet all voters where they are and keep our eyes focused on the universal needs that our constituents have. It’s going to require us to have a big tent from our left to our right so that we can meet this moment.”

“We should not put anything by the Republicans; they will seek to suppress the vote and undermine the will of the people. That reinforces the need for us to win by such a margin that our win is too big to contest. It’s going to require us to reach voters who didn’t vote for us and compete in places we have written off. If the stakes are as high as we say they are, then we need all of the help that we can get.”

Her focus on long-term party-building is equally central to her vision — one that would be willing to take a leadership position on if given the chance.

“I’m really grateful that our leadership has offered me opportunities to have my voice heard and to represent the caucus. I am eager to find any opportunity to elevate the voices of my constituents and contribute. My background was in communications, and I believe our party can find new ways to communicate with voters. Our caucus is going to be the tip of the spear in helping to rebrand our party and build a governing majority.”

“We need to deliver universal child care, a higher minimum wage, Medicare for all who want it, and millions of new homes. Winning the next election is not the end; we have to continue building toward a durable majority. I’m eager to contribute to that vision in any way that my caucus sees fit. That includes potentially serving in leadership if that’s where I can be most helpful.”

Rep. Sarah McBride attends the joint session of Congress on March 4, 2025. (D-Del.) (Washington Blade photo by Michael Key)

On foreign policy, she is equally direct. The ongoing war with Iran was something she, as a member of the House Foreign Affairs Committee, is not only familiar with but completely opposed to.

“The war is illegal, but it’s also stupid, and it is a catastrophe for the United States. [The Trump administration] has not achieved any of their stated goals, and everything that has been destroyed can be rebuilt. Iran now has more leverage globally, including control of the Strait of Hormuz. This war raised costs, lost lives, and achieved what was already achieved a decade ago without any of that.”

That frustration echoes in what she hears from voters at home.

“Delawareans are pissed, and they’re pissed because this president promised he would end wars and lower costs. He has broken both of those promises, costs are higher and there are more wars. They are facing higher costs when they were already struggling, and they see that his policies have made that crisis worse. People across this country are angry that those promises were broken.”

Concerns about political violence and digital radicalization also weigh heavily on her. Last week’s attack at the White House Correspondents’ Dinner is one instance of politically motivated violence continuing to fester and instill fear in the American political sphere.

“I was horrified when I heard that there were shots fired, and the rising tide of political violence is a cancer for our democracy. Social media is radicalizing people and fostering misinformation and conspiracy theories. When people see a world where everyone is either 100% with them or against them, they begin to believe persuasion is impossible. That is fertile ground for violent extremists and it is unsustainable for democracy.”

“Democracy requires faith in other people’s capacity to change, and when that belief is lost, peaceful politics breaks down. People are not as divided as the algorithms make it seem, and most people are good and decent. We can tap people’s better angels, but we have to be willing to be in conversation with them. You cannot tell me that change is impossible, I have seen it and lived it.”

That belief underpins her support for regulating social media platforms, though she is careful to stress that policy alone is insufficient. The congresswoman constantly faces threats, repulsive comments, and detestable words from people on her social media channels for her identity alone.

“There’s no question that we need regulation of social media platforms, social media is the 21st century big tobacco. Whether it’s liability, age limits, or transparency of algorithms, there are a host of solutions we need to pursue. But policy solutions alone will not solve this problem. We have to get offline and have conversations in person.”

“When we have conversations in person, we realize we have much more in common than we think. We are currently having political conversations in the most toxic place possible, online. That has to change if we want to sustain democracy. You will come away more hopeful when you engage with people face to face.”

U.S. Rep. Sarah McBride (D-Del.) speaks at the 2025 HRC National Dinner. (Washington Blade photo by Michael Key)

Her LGBTQ priorities remain anchored in policy and humanism— something she references repeatedly.

“I helped draft the Equality Act and I would love to see it become law. In the nearer term, we should prioritize reversing the ban on transgender troops. These are decorated service members who have been fired for no other reason than their gender identity. They deserve to be treated with dignity and fairness and judged on their merits.”

She continued at length about the transgender service members removed under Executive Order 14183, emphasizing both their service and their erasure.

“These are individuals who are not just qualified, but more than qualified, who have been decorated service members, who have received promotions with unanimous and unqualified endorsement by their superior officers who have been fired from service to this country for no other reason than their gender identity. And I believe in this moment… there is no more effective representation of our community than the transgender service members who have put their lives on the line to serve this country and who have been treated with nothing but disrespect from this administration. They deserve to be treated with dignity and fairness and judged on their merits.”

Even in partisan fights, she returns to her guiding principle of discipline and restraint.

“Sometimes in politics you have to throw a punch with grace. Republicans initiated a mid-decade redistricting effort to gerrymander and pad their majority. They expected Democrats to fold, but those days are over. We fought back and we’re not going to let them steal elections in advance.”

When the conversation turns to how she maintains balance amid the chaos of national politics, McBride returns to unexpected sources of grounding — television, pop culture, and humor.

“I’ve watched every season of ‘The Traitors,’” she said.

When asked if she would ever take a trip to the Scottish Highlands to visit Alan Cumming’s castle, she said it would have to be after her work is done in Congress.

“If I was ever on ‘The Traitors,’ I would never be able to be a traitor. I would get too nervous and overwhelmed. I would have to be a faithful. But I think if there is a future where I am on that show, it will be after I’m in elected office.”

And through it all, she draws parallels between reality television and political life itself.

“If you want to understand how many in Congress work, the best tutorial is ‘The Real Housewives’ … There are people whose sole purpose is to get attention… If you throw wine back, they will just keep coming back for more … I’m not going to allow someone to get attention at my expense … I think all you need to understand is [Capitol Hill] is like an episode of ‘Real Housewives.’”

Still, for McBride, even amid the spectacle of Washington, the focus ultimately returns home.

“I am excited for beach season and I love Rehoboth and Baltimore Avenue,” she says. “It is the professional privilege of my lifetime to represent Delaware. I represent a district that is urban, suburban, and rural, and I get to see the full diversity of this country every day. Delaware shows that a different kind of politics is possible.”

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

U.S. Attorney’s Office fails to reinstate hate crime charge in anti-gay assault

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(Photo by chalabala/Bigstock)

The Office of the U.S. Attorney for D.C., which prosecutes criminal cases in the District, has decided not to reinstate a hate crime designation filed by D.C. police against a man arrested in February for allegedly assaulting a gay man while using “homophobic slurs.”

After prosecutors with the U.S. Attorney’s Office initially dropped the hate crime designation filed by police shortly after the alleged attacker was arrested on Feb. 7, a spokesperson for the office told the Washington Blade the case was still under investigation, and additional charges could be filed.

“We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them,” a statement released by the office in February said. 

But D.C. Superior Court records show the case against defendant Dean Edmundson, 26, of Germantown, Md., who is now charged with Simple Assault without a hate crime designation, is scheduled to go to trial on Aug. 18.

The U.S. Attorney’s Office this week did not immediately respond to a message from the Blade asking why it chose not to reinstate the hate crime designation.

An affidavit in support of the arrest filed in court by D.C. police appears to support the charge of a hate crime designation. It says the incident occurred around 7:45 p.m. on Feb. 7 at the intersection of 14th and Q Streets, N.W., which is near two D.C. gay bars.

“The victim stated that they refused to High-Five Defendant Edmundson, which, upon that happening, Defendant Edmundson 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 says, adding, “The victim stated that they felt offended and that they were also gay.”     

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

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