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1 year later, Kameny’s ashes still not buried

Dispute over burial site remains unresolved

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Frank Kameny, gay news, Washington Blade

Pioneering gay rights activist, Frank Kameny died on Oct. 11, 2011, which happens to be National Coming Out Day. (Washington Blade photo by Doug Hinckle)

One year after gay rights pioneer Frank Kameny’s death in his Washington home at the age of 86, LGBT advocates said they would remember his legacy as they celebrate National Coming Out Day this week.

Kameny died of natural causes on Oct. 11, 2011, the day LGBT advocates have designated as National Coming Out Day.

His friends and admirers, while saddened by his loss, said it was befitting that Kameny departed on a day commemorating an action he may have been among the first to take part in in the late 1950s — a proud and open declaration that one is gay, lesbian, bisexual or transgender.

“His accomplishments for our community are immeasurable,” said veteran D.C. gay activist Paul Kuntzler

Kuntzler spoke to the Blade about Kameny during a candidate endorsement forum Tuesday night sponsored by the Gertrude Stein Democratic Club, an LGBT organization that Kuntzler and Kameny helped found in January 1976.

But Kuntzler and others who worked with Kameny said they remain troubled that an ongoing dispute between Timothy Clark, the heir and personal representative to Kameny’s estate, and the D.C. gay charitable group Helping Our Brothers and Sisters (HOBS) has resulted in the indefinite postponement of the burial of Kameny’s ashes.

Frank Kameny gravesite, gay news, Washington Blade

A headstone once marked the the spot where advocates intended gay activist Frank Kameny to be buried, but legal action has halted the interment and the headstone has been removed. (Washington Blade file photo by Michael Key)

In August, an official with D.C.’s historic Congressional Cemetery, where Kameny’s ashes were to be buried, said an urn bearing the ashes remained in a storage vault at the cemetery’s headquarters near Capitol Hill while the estate dispute dragged on.

When asked if the ashes were still in storage at the cemetery, Congressional Cemetery President Paul Williams told the Blade on Wednesday, “There has been no substantial change in the case. That’s all I’m going to say.”

Both sides acknowledge that the dispute is over a disagreement about how to transfer the ownership of the cemetery plot from HOBS, which bought it earlier this year, to the Kameny estate, which is under the control of Clark.

HOBS executive director Marvin Carter has said HOBS is willing to sell the plot to the estate at the price the group paid for it earlier this year. The estate, through one of its attorneys, Glen Ackerman, has said HOBS bought the plot through donations from members of the LGBT community who knew and admired Kameny and that HOBS should transfer the title to the plot to the estate.

Earlier this year, Ackerman said Clark was troubled that some of Kameny’s longtime friends worked with HOBS to buy the plot and make arrangements for the burial without consulting Clark, who has legal authority over the ashes. Ackerman said then that Clark was concerned that HOBS might seek to bury others in the plot along with Kameny’s ashes since the plot can accommodate at least two coffins and three urns.

HOBS has said it has no intention of burying anyone else in the plot.

“The estate of Franklin Kameny is currently in negotiations in an effort to settle outstanding matters related to the estate,” Ackerman said in a statement released on Tuesday. “We cannot comment on these negotiations or the status of the various matters as doing so may compromise the progress that has been made thus far,” he said. “All involved are hopeful that resolution may be reached in the near future.”

“HOBS is working diligently and in good faith to resolve all issues concerning the plot at Congressional Cemetery and the final burial of Frank’s ashes at the Cemetery in a manner and under circumstances that will protect and advance Frank’s reputation in and contributions to the LGBT community,” Carter said in a statement issued to the Blade.

Records in the D.C. Superior Court’s civil division, where the Kameny estate case remains pending, show that at least one creditor filed suit against the estate on Aug. 7 to challenge a decision by the estate to reject the creditor’s request for repayment of a $12,000 loan and $3,075 of accrued interest on the loan for a total of $15,075.

The suit says the loan was made by D.C. gay activist and longtime Kameny friend Craig Howell in two increments in 2003 and 2004, according to Mindy Daniels, Howell’s attorney.

Court papers filed by the estate challenge the legal authority of Howell’s claim for the loan repayment on several grounds, saying, among other things, that Howell waived a requirement that Kameny make interest payments on the loan prior to Kameny’s death.

The Human Rights Campaign, a national LGBT political group that organizes Coming Out Day activities, included a remembrance of Kameny on its website this week.

“One year ago, the LGBT community lost equality pioneer Frank Kameny, a man whose tireless activism blazed a trail for the entire LGBT community,” the HRC web posting says. “This National Coming Out Day, we remember Frank Kameny by honoring his legacy as a forerunner of the modern LGBT rights movement.”

Kameny, a D.C. resident since the 1950s, is credited with playing a key role in laying the foundation for the modern gay rights movement beginning in the early 1960s, nearly a decade before the 1969 Stonewall riots in New York’s Greenwich Village.

He began his fight for LGBT equality in 1957 after being fired for being gay from his job as an astronomer at the U.S. Army Map Service. After losing administrative and lower court appeals, Kameny took his case to the U.S. Supreme Court, where he wrote his own petition urging the high court to hear the case in 1961.

The Supreme Court denied his petition and left standing a lower court ruling upholding his firing. But LGBT advocates and historians have said Kameny’s petition, or brief, filed with the high court represented the first known time anyone submitted an unapologetic and legally reasoned argument before a court of law in support of equal rights for gay people in the United States.

A short time later, Kameny co-founded the Mattachine Society of Washington, the city’s first gay rights organization. Although Mattachine Society groups had formed in other cities beginning in the 1950s, the D.C. group under Kameny’s leadership took on a far more assertive posture in pushing for gay equality, laying the groundwork for the post-Stonewall Riots LGBT rights movement in the years ahead, according to author David Carter, who is currently writing a Kameny biography.

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Comings & Goings

Tristan Fitzpatrick joins TerraPower

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Tristan Fitzpatrick

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 Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.

Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind. 

Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.

Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris. 

Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.

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District of Columbia

New queer bar Rush beset by troubles; liquor license suspended

Staff claim they haven’t been paid, turn to GoFundMe as holidays approach

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.

Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.  

The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”

The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED  until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”

ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for  $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.

Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol. 

But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays. 

Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.

He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment. 

As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments. 

A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.

The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.

Mosley on Thursday responded to the reports about his business with a statement on the Rush website. 

He claims that employees were not paid because of a “tax-related mismatch between federal and District records” and that some performers were later paid. He offers a convoluted explanation as to why payroll wasn’t processed after the tax issue was resolved, claiming the bank issued paper checks.

“After contacting our payroll provider and bank, it was determined that electronic funds had been halted overnight,” according to the statement. “The only parties capable of doing so were the managers of the outside investment syndicate that agreed to handle our stabilization over the course of the initial three months in business.”  

Mosley further said he has not left the D.C. area and denounced “rumors” spread by a former employee. He disputes the ABCA assertion that the Rush liquor license was suspended due to a “bounced check.” Mosley ends his post by insisting that Rush will reopen, though he did not provide a reopening date.  

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District of Columbia

Brian Footer suspends campaign for Ward 1 D.C. Council seat

Race’s third LGBTQ candidate cites family reasons for ‘stepping back’

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Brian Footer (Photo courtesy of Brian Footer)

Gay Advisory Neighborhood Commissioner Brian Footer, who was one of three out LGBTQ candidates running for the open Ward 1 D.C. Council seat in the city’s June 16, 2026, Democratic primary, announced on Dec. 17 he has decided to “suspend” his campaign to focus on his family.

“After deep reflection and honest conversations with my family, I have decided to suspend my campaign for the D.C. Council,” he said in a statement. “This moment in my life requires me to be present with the people I love most and honor the responsibilities I carry both at home and in the community,” he states. “This was not an easy decision, but it is the right one for me and my family at this time.”

Footer, a longtime Ward 1 community activist and LGBTQ rights advocate, announced his candidacy for the Ward 1 Council seat in July, one month before bisexual Ward 1 community activist Aparna Raj announced her candidacy for the Council seat on Aug. 12.

Gay Ward 1 Advisory Neighborhood Commissioner Miguel Trindade Deramo announced his candidacy for the Ward 1 Council seat on Nov. 18, becoming the third out LGBTQ candidate in what appeared to be an unprecedented development for a race for a single D.C. Council seat.

At least three other candidates who are not LGBTQ are running for the Ward 1 Council seat. They include Ward 1 ANC member Rashida Brown, longtime Ward 1 community activist Terry Lynch, and Jackie Reyes-Yanes, the former director of the Mayor’s Office of Community Affairs.

In his statement announcing the suspension of his candidacy, Footer said he would continue to be involved in community affairs and advocate for the issues he discussed during his campaign.

“I want to be clear: I am stepping back from the race, not the work,” he says in his statement. “Public service has always been my calling. I will continue advocating for affordability, for safer streets, for stability for small businesses, and for a government that responds to people with urgency and respect,” he wrote. “And I will continue showing up as a partner in the work of building a stronger Ward 1.”

Footer concluded by thanking and praising his campaign supporters and calling his campaign suspension a “transition,” suggesting he is not likely to resume his candidacy.

His campaign press spokesperson did not immediately respond to a question from the Washington Blade asking if Footer might later resume his campaign or if his latest action was in effect an end to his candidacy.

“To everyone who knocked on doors, hosted conversations, donated, shared encouragement, and believed in this campaign, thank you,” he says in his statement. “I am deeply grateful for every person who helped this campaign take root,” he added. “This isn’t an ending, it’s a transition. And I’m excited for the work ahead, both in Ward 1 and at home with my family.”

Longtime gay D.C. Democratic Party activist Peter Rosenstein said in a statement to the Blade, “I respect Brian Footer’s decision to end his campaign for Council. It is not easy to run a campaign in D.C. and there are many others running in Ward 1.” He added, “While not living in Ward 1, I thank Brian for all he has done and clearly will continue to do for the people in the ward.”  

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