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Gallaudet official blasts school, hints at lawsuit

Lesbian faculty members named as ‘instigators’ for placing McCaskill on leave

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Angela McCaskill, Wyndal Gordon, Maryland marriage petition, same sex marriage, gay marriage, Gallaudet University, Washington Blade, gay news

Gallaudet University chief diversity officer Angela McCaskill this week denounced a decision by the school to put her on leave after she signed an anti-gay petition in Maryland. (Washington Blade photo by Michael Key)

ANNAPOLIS, Md. — Gallaudet University’s chief diversity officer said her reputation was unfairly “tarnished” last week when the university placed her on paid administrative leave for signing a petition in July to place Maryland’s same-sex marriage law on the ballot in a voter referendum.

At a news conference outside the Maryland State Capitol Building in Annapolis, Angela McCaskill, who served as Gallaudet’s Associate Provost of Diversity and Inclusion, identified two out lesbian faculty members as the ones she claims persuaded Gallaudet President T. Alan Hurwitz to suspend her from her job.

She identified the faculty members as Martina “MJ” Bienvenu and Kendra Smith, saying the two are partners and wrote a joint letter to Hurwitz asking that she be reprimanded.

The Blade sent e-mails to Bienvenu and Smith seeking their version of what role they may have played in McCaskill’s suspension. The two responded late Wednesday with a one-sentence statement released by Gallaudet spokesperson Catherine Murphy.

“At this time, we would prefer this matter be a discussion between the University and Dr. Angela McCaskill,” the statement says.

“I was shocked, hurt, insulted. I was humiliated,” McCaskill said, adding that Hurwitz sought to punish her for merely exercising her private right as a Maryland resident to sign a petition to allow voters to make the final decision on whether the same-sex marriage law should be retained or overturned.

“They have attempted to intimidate me and tarnish my reputation,” she said.

McCaskill, speaking in sign language, delivered her comments through an interpreter.

She declined to disclose her position on same-sex marriage or whether she will vote for or against the marriage equality law in the Nov. 6 referendum.

McCaskill’s news conference came hours after the university released a statement saying it wants to talk to McCaskill about reaching an agreement that could lead to her reinstatement.

Her attorney, J. Wyndal Gordon, told the news conference McCaskill suffered damages by the university’s action and she would seek compensation for the damages. He declined to say whether McCaskill planned to file a lawsuit and seek monetary compensation.

“We will gladly meet with them,” he said of the university offer to discuss ways to reinstate McCaskill.

Gordon stated repeatedly that McCaskill remains neutral on the gay marriage ballot referendum. He said her decision to sign the petition to place the marriage question on the ballot was based on her strong belief that all controversial issues should be put before voters in Maryland.

“I fully support the members of the LGBT community as I support all groups across Gallaudet and its community,” McCaskill told the news conference.

“When I assumed my position we had an LGBTQA Resource Center that had been formed without funding,” she said. “It was simply an office. I relocated resources to provide support for the center because I believe that members of the LGBTQA community deserve more.”

McCaskill, 54, said she has worked at Gallaudet for 24 years. Her biography on the university website says she is the first deaf African-American woman to earn a Ph.D. from Gallaudet.

Tuesday’s news conference marked the first time McCaskill has spoken publicly about her suspension since the university community first learned about it on Oct. 10 through a statement released by Hurwitz.

“It recently came to my attention that Dr. McCaskill has participated in a legislative initiative that some feel is inappropriate for an individual serving as Chief Diversity Officer; however, other individuals feel differently,” Hurwitz said.

“I will use the extended time while she is on administrative leave to determine the appropriate next steps taking into consideration the duties of this position at the university,” he said. “In the meantime an interim Chief Diversity Officer will be announced in the near future.”

Governor Martin O'Malley, Maryland, gay news, Washington Blade

Maryland Gov. Martin O’Malley has called for the reinstatement of Gallaudet University official Angela McCaskill. (Washington Blade file photo by Pete Exis)

Since making that announcement, Hurwitz has come under fire from both supporters and opponents of the Maryland marriage equality law. Maryland Gov. Martin O’Malley, a strong supporter of the same-sex marriage law, and Josh Levin, chair of Marylanders for Marriage Equality, the lead group campaigning to retain the same-sex marriage law, have called on Gallaudet to immediately reinstate McCaskill.

The anti-gay Family Research Council and the Maryland Marriage Alliance, two groups urging voters to overturn the marriage equality law in the November referendum, have cited McCaskill’s suspension as a predictor of what will happen if the law is upheld and takes effect in January.

“Homosexual activists continue to cry that individual and religious liberties are not at risk,” said Maryland Marriage Alliance Chair Derek McCoy in a statement released on Tuesday. “The suspension of Dr. McCaskill is proof of the disingenuous and untruthful nature of that argument.”

In a full-page ad published Tuesday in the Annapolis daily newspaper The Capital, Marylanders for Marriage Equality disputed McCoy’s assertion.

“Unfortunately, opponents of marriage equality are trying to make what happened to Dr. McCaskill about Question 6, the November ballot measure that will allow gay and lesbian couples to get a civil marriage license and protects religious freedom,” the ad states.

“But her suspension from a D.C. university has nothing to do with Question 6 in Maryland,” the ad says. “It does however have everything to do with being able to express one’s opinions, freely, and participate in the political process…Question 6 is about fairness and equality under the law, and it’s only fair Dr. McCaskill get her job back.”

McCaskill’s decision to sign the referendum petition was first reported by the blog Planet DeafQueer, which is widely read nationally in the LGBT deaf community.

The blog reported that an unidentified faculty member reportedly found McCaskill’s name on a database list of all signers of the petition that was released by the Maryland board of elections and published by the Washington Blade.

At Tuesday’s news conference in Annapolis, neither McCaskill nor Gordon, her attorney, identified Bienvenu or Smith as the faculty members who discovered McCaskill’s name on the database of petition signers.

But McCaskill told of how the two faculty members played a key role in what she described as a “tremendously horrific” two-week period in which her 24-year career at the university was shaken.

“This nightmare began two weeks ago on Wednesday, Oct. 3, when I was approached by a faculty member of Gallaudet University whose name is Martina Bienvenu,” McCaskill said.

Aisha Braveboy, Maryland marriage petition, gay marriage, same sex marriage, gay news, Washington Blade

Maryland State Rep. Aisha Braveboy also spoke at the press conference. (Washington Blade photo by Michael Key)

“She asked if I had signed a petition to put the question of same-sex marriage on the ballot as a referendum,” McCaskill continued. “I responded that I had, that I did sign such a petition. In this very moment, she determined that the signature meant that I was anti-gay. No one has the right to decide what my signature meant,” she said. “Only I can do that.”

Added McCaskill, “MJ, Dr. Bienvenu and her partner, Kendra Smith, wrote a letter to the president of the university asking that I be reprimanded.”

Their biographies posted on the Gallaudet website state that both hold a Ph.D., with Bienvenu serving as a professor of “ASL and Deaf Studies” and Smith serving as an assistant professor of counseling. Both have been involved in academic-related projects involving LGBT deaf people, according to the biographies.

Planet DeafQueer reported in an Oct. 8 posting that LGBT students, who considered McCaskill a friend and ally in her role as chief diversity officer, were shocked when they learned she had signed a petition to place the marriage equality law on the ballot in a referendum.

The blog posting said LGBT students and faculty believed it was inappropriate for the school’s diversity officer to take such an action, which they viewed as an endorsement of the campaign to defeat the marriage equality law.

LGBT activists in Maryland have pointed out that the signature gathering effort to place the marriage equality law on the ballot was organized and carried out by people who oppose same-sex marriage.

But Gordon, McCaskill’s attorney, said at the news conference Tuesday that it would be incorrect to label McCaskill as being anti-gay or an opponent of gay marriage.

“Her signature on the same-sex marriage petition referendum that she signed in July 2012 merely represented her desire to, one, have this matter decided through the Maryland democratic process; two, allow Maryland citizens to become more informed on the issue through public discourse; and three, to enable Maryland citizens to cast their votes after thoroughly examining the issues and making an informed decision,” he said.

“Signing a petition to have same-sex marriage placed on the November ballot in Maryland’s general election no more interferes or compromises Dr. McCaskill’s integrity or qualifications as the Chief Diversity Officer than it would if she signed a petition to place affirmative action or any other controversial issue on the November ballot.”

Greg Nevins, an attorney with the gay litigation group Lambda Legal Defense and Education Fund, said an employer such as a university could establish restrictions on an employee’s public actions under certain circumstances.

“I would say people can vote the way they want to,” Nevins said. “But as far as putting yourself out in a public way, if it’s contrary to your job description – the things that you should be portraying and the employer’s position – they can take action against you.”

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District of Columbia

D.C. mayor honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ‘vital work’

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

“Whereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,” the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for “Black LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.”

It also praises Team Rayceen Productions for its partnership with the Mayor’s Office of LGBTQ Affairs in helping to produce “exciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.”

“Whereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,” the proclamation continues.

“Now, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,” it concludes.

“We thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,” Team Rayceen Productions says in a statement. “Starting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayor’s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nation’s Capital,” the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade – as online co-hosts, event staff, performers, DJs, photographers, and more,” says the statement.

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D.C. jury finds AARP Services illegally fired gay man

Former employee awarded $2.1 million in damages

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Richard A. Deus, Jr.

A D.C. Superior Court jury on March 15 handed down a verdict finding that the D.C.-based AARP Services, Inc., an arm of the AARP that interacts with businesses supportive of the nation’s seniors, illegally fired a gay manager because of his sexual orientation.

The jury’s verdict, which it said was based on a “preponderance of evidence,” came six years after Richard A. ‘Rick’ Deus Jr., who worked for AARP and AARP Services for 11 years, filed a lawsuit against his former employer in May 2018. The lawsuit charges that AARP Services violated the D.C. Human Rights Act by firing him after falsely accusing him of accepting gifts for travel from businesses affiliated with AARP that violated AARP employee ethics policies.

His lawsuit says he was fired in February 2018. At that time, he held the title of director of program management at AARP Services.

The lawsuit says AARP Services cited the alleged travel violations as the reason for its decision to fire him. The lawsuit named AARP Services and its then chief executive officer, Lawrence Flanagan, as the two defendants responsible for Deus’s firing.

But the jury’s verdict only named AARP Services as being at fault in the firing. It did not find Flanagan at fault and did not hold him responsible for damages, even though Flanagan testified at the trial that he made the final decision to terminate Deus on grounds that Deus violated the travel policy.

The jury also chose not to hold AARP Services responsible for paying punitive damages to Deus, whose lawsuit called for $5 million in compensatory damages and an additional $5 million in punitive damages.

In its verdict, according to online court records, the jury awarded Deus $1,612,916.18 in compensatory damages and $578,351 in damages for emotional distress that AARP Services is required to pay Deus. The court records show the jury awarded Deus another $1,118.89 to be paid by AARP Services for its alleged breach of contract with him in its decision to fire him.

An attorney representing AARP Services immediately following the verdict filed a motion requesting that Superior Court Judge Shana Frost Matini, who presided over the trial, issue a “directed verdict” overturning the jury’s verdict. 

Such a motion is often filed by individuals or organizations on the losing side of a lawsuit, but such requests are rarely approved. Matini said she would schedule a hearing to consider the motion in May.

“I’m thrilled that the jury found that I was treated differently from my co-workers and discriminatorily fired,” Deus told the Washington Blade after the jury handed down its verdict. “That’s clearly what they found, and they awarded emotional pain and suffering,” he said. “But overall, I’m elated. It’s been six years of my life that I’ve been fighting and telling people that I was treated differently than anybody else and today I got my vindication.”

Laura Segal, AARP’s Senior Vice President for External Affairs, told the Blade in a statement, “AARP is pleased with the jury’s verdict that Lawrence Flanagan lawfully terminated Richard Deus’s employment.” She added, “AARP Services, Inc. (ASI) disagrees with the remainder of the verdict and is exploring all options for further legal review. We remain committed to an inclusive culture and warmth and belonging, where everyone is welcome.”

Attorneys representing AARP Services argued at the trial and presented witnesses denying Dues was fired because of his sexual orientation. They asserted that AARP Services had and still has gay and lesbian employees and managers and that the company has a longstanding policy of prohibiting  discrimination on grounds of sexual orientation or marital status.

Deus’s lawsuit accused AARP Services of targeting Deus for discrimination based on his marriage to another man as well as for his sexual orientation. The jury did not find that AARP Services engaged in discrimination against Deus based on his marital status.

Flanagan was among the lead defense witnesses who testified at the nine-day-long trial. He testified that he has worked for many years with gay colleagues, has a gay relative who he admires, and would never have allowed his staff to engage in discrimination while he served as AARP Services CEO.

He noted in his testimony that his decision to fire Deus was based, in part, on the recommendation of AARP Services’ human resources or personnel director, Michael Loizzi, who is an openly gay man. Loizzi, who also testified at the trial, said that as a gay man he would never have called for Deus or anyone else to be fired because of their sexual orientation. He stated in his testimony that he recommended to Flanagan that Deus be fired because Deus violated AARP Services travel policy and lied to his supervisor about the details of the travel to get his supervisor’s approval under false pretenses.

Deus, during his own testimony, strongly disputed claims that he obtained permission for his travel by providing false information to his supervisor. His lawsuit states that both his supervisor and AARP Services’ legal counsel cleared him for the two trips that he has been accused of taking in violation of policy.

His lawsuit identifies heterosexual AARP and AARP Services employees who have taken business trips like the two taken by Deus that allegedly violated travel policy who were not fired or disciplined. A few faced disciplinary actions but were allowed to retain their jobs, the lawsuit says.

“This case is about the unequal treatment of a gay man when juxtaposed to the treatment of our heterosexual comparators,” Darrell Chambers, Deus’s lead attorney, told the Washington Blade after the verdict. “This is not a case about an organization or a group of people who hate gay people and decided that they were going to fire this man because they hate him,” Chambers said.

“Instead, it’s a case where the punishment that they consistently applied to gay employees, re Mr. Deus and Mr. Sanders, was harsher, far harsher than the punishment they applied to heterosexual employees who committed the same or similar acts.”

Chambers was referring to former AARP Services employee Jack Sanders, who is gay and who testified on video played at the trial that he was summarily fired on grounds that he allegedly sent pornographic photos or video images to another AARP Services employee, who complained about receiving the pornographic images.

Sanders has said the pornographic images in question were sent to the employee by his ex-boyfriend who wanted to portray Sanders in a negative light. Through telephone and wire transmission records Sanders was able to show that the images in question were sent from a device in Washington, D.C. at a time that Sanders was in Chicago, proving that Sanders could not have been the person who sent the images.

Deus’s attorneys brought out at the trial that AARP Services failed to give Sanders a chance to defend himself, prompting him to file his own lawsuit against AARP Services for which a settlement was reached. The terms of the settlement have not been publicly disclosed. But Deus’s attorneys cited Sanders’s case as yet another example of how AARP Services has treated gay employees differently from heterosexual employees.

AARP Services attorney Alison Davis argued during the trial that discrimination based on Deus’s sexual orientation had nothing at all to do with the decision to fire him. Davis told the jury that the two trips that Deus took that led to his firing, one to New York City and the other to New Orleans to attend the Sugar Bowl football game, were financed in part by companies that do business with AARP in violation of AARP and AARP Services policies for travel. Among other things, she said the Sugar Bowl is considered a championship game that has a value higher than smaller gifts that AARP employees are allowed to accept.

Deus testified that his reason for accepting an invitation to the Sugar Bowl game was to spend time with the new account director at the Allstate insurance company, which paid for the Sugar Bowl game ticket. “In 2019, we were going to be negotiating a new contract with Allstate and we wanted to establish a good relationship with her before the contract negotiations began,” he told the Blade. “That’s how you do business.”

Deus said he was referring to Allstate’s business relationship with AARP Services, which he said, similar to its interaction with other businesses, helps AARP provide support and services to the nation’s senior citizens.

In her cross examination of Deus on the witness stand, Davis also raised AARP Services’ claim in contesting the lawsuit that the emotional distress and depression that Deus says he suffered because of his firing could have been caused by issues unrelated to the firing. Davis asked Deus if his emotional distress was caused by stress that Deus has said he experienced years earlier when he came out as gay to his parents, who are ordained ministers, and in his interaction with his sister, who had been diagnosed as being bipolar. 

Deus said that while his coming out to his conservative parents nearly 30 years ago and his sister’s mental health issues were a concern years earlier, he and his parents had long since reconciled over his sexual orientation and his sister’s mental health issues played no role whatsoever in the emotional distress he experienced after being fired by AARP Services.

In her cross examination of Deus on the witness stand, Davis also asked him if his decision to be interviewed by the Washington Blade last year for a Blade story about his lawsuit could have contributed to the difficulty, he said he encountered in finding employment after he was fired by AARP Services. Deus, who testified that he was hired by at least one other company that later laid him off, said he did not believe a Blade story about his lawsuit would have an adverse impact on him.  

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Baltimore

Power Plant Live! opens Club 4, its first LGBTQ bar

Ryan Butler, known by his drag persona Brooklyn Heights, helped launch venue

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Ryan Butler, also known as drag performer Brooklyn Heights, stands in the space at Power Plant Live! that will house Club 4. (Photo by Kaitlin Newman for the Baltimore Banner)

BY JOHN-JOHN WILLIAMS IV | Ryan Butler wanted a place where all members of the LGBTQ community could enjoy drag, drinks and fellowship in a safe space. He found it by the Inner Harbor.

Butler jumped at the opportunity to help open Club 4, the first LGBTQ-themed bar to occupy the popular Power Plant Live! venue.

The rest of this article can be read on the Baltimore Banner’s website.

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