Local
Ethics board says Graham violated ‘code of conduct’
But gay Council member won’t face sanctions


An ethics investigation against gay D.C. Council member Jim Graham was dismissed on Thursday. (Washington Blade file photo by Michael Key)
The recently created D.C. Board of Ethics and Government Accountability says it found “sufficient evidence” that gay D.C. Council member Jim Graham (D-Ward 1) violated the city’s code of conduct for a public official.
But in a 27-page opinion issued on Thursday, the three-member board declared that the improper actions it claims Graham took in 2008 to interfere with the selection of competing companies for lucrative Metro and D.C. Lottery contracts occurred before the city’s new ethics law went into effect last year.
Based on the U.S. Constitution’s prohibition on holding someone responsible for an action that wasn’t prohibited by law at the time the person committed the action, the board said it decided not to open a formal investigation into Graham’s alleged ethics breach and dismissed the case.
“[W]e find there to be sufficient evidence to conclude that Council member Graham committed one or more violations of the District of Columbia Code of Conduct, justifying a formal investigation and the issuance of Notice of Violation,” the board said in its opinion.
“However, Constitutional constraints concerning ex post facto application of the sanctions available to the board effectively prevent the board from imposing any sanction on Council member Graham for his misconduct,” the ruling states.
“Without the power to sanction Council member Graham, the Board concludes that there is little benefit to advancing the preliminary investigation to a formal investigation and issuing a notice of violation,” the board said. “Accordingly, this matter is DISMISSED,” it said.
Graham’s attorney, William W. Taylor III, said in a statement that he and Graham expected the Ethics Board to end its proceedings.
“It is disappointing and unfair, however, for the Board to purport to make “findings” which Mr. Graham has no opportunity to contest and had no notice would be at issue in this matter,” Taylor said.
The Board’s initial proceeding in the Graham case was to determine whether the board should conduct a “formal” investigation, not to determine whether Graham had committed ethical violations, Taylor said.
“Therefore, under its own rules, the Board was not permitted or required to make ‘findings’ about Council member Graham’s conduct,” he said.
The Board of Ethics, which is chaired by gay former D.C. Attorney General Robert Spagnoletti, began its probe into an alleged ethics breach by Graham after the completion of an earlier investigation conducted by a law firm on behalf of the Metro transit board.
That investigation found that Graham violated the Metro board’s ethics rules in his alleged dealings with a Metro contract. Graham was a member of the Metro board at the time the alleged improprieties took place in 2008.
The Metro board probe, and the Board of Ethics findings released this week, each claimed that Graham offered to support a bid for a lottery contract from a D.C. businessman if the businessman agreed to withdraw a separate bid for a contract from Metro. The Metro contract was for a major real estate development project on land owned by Metro.
The Ethics Board findings, among other things, allege that Graham wanted the Metro contract to go to another company whose two principal owners made campaign contributions to Graham in the past. Graham has vigorously denied his motive for favoring the bid from the opposing businessmen was based on their campaign contributions to him. He said he favored the opposing company because it was better qualified to carry out the development project.
In its ruling, the Ethics board said Graham violated three provisions in the Code of Conduct – he lost his independence and “impartiality,” he gave preferential treatment, and he damaged public confidence in government.
The Ethics Board’s findings prompted the Washington Post to publish an editorial Thursday night calling for Graham to resign from the Council.
“I am not resigning,” Graham said in a statement released on Friday.
“There has been no allegations or suggestion that a crime has been committed, or that there is an illegal financial request or laws that have been broken,” he said. “I categorically deny any connection between any campaign donation and my actions on these matters.”
Graham added, “I am now in discussions with my lawyer as to next legal steps.”
District of Columbia
Activists, policy makers mark Celebrate Bisexual Day in D.C.
BiPlus Organizing US hosted event at HRC

BiPlus Organizing US on Saturday hosted a Celebrate Bisexual Day event at the Human Rights Campaign.
Fiona Dawson, co-founder of BiPlus Organizing US, and Mélanie Snail, committee member of the organization, emceed the event. HRC Senior Vice President of Diversity, Equity, Inclusion and Belonging Rebecca Hershey welcomed attendees.
Heyshey discussed her journey as a bisexual, mixed race, Jewish woman. Hershey paraphrased Adrienne Maree Brown, stating “change is coming, we are creating change.”
PFLAG Learning and Inclusion Manager Mackenzie Harte gave a presentation on the history of bisexual identities, defined terms surrounding gender and sexuality and went over statistics of discrimination and health disparities that bisexual individuals face.
Harte’s presentation noted 48 percent of bisexual individuals reported an annual income of less than $30,000, compared to 30 percent of gay men, 39 percent of lesbians and 28 percent of all adults in the U.S.
Harte went on to say 28 percent of bisexual students report having attempted suicide; and bisexual people have a higher risk of mood disorders, substance abuse and mental illness than their lesbian, gay, or straight cohorts. Bisexual people of all genders face higher rates of sexual assault than those same peers. One reason for these statistics is isolation: 39 percent of bisexual men and 33 percent of bisexual women report not being out to any health care provider, and only 44 percent of bisexual youth report having an adult they could turn to if they were sad.
Harte also spoke about the Bisexual Manifesto, which the Bay Area Bisexual Network wrote in 1990.
“The bisexual manifesto very intentionally was not binary,” Harte said.
They said the text works against the stigma and stereotypes that claim bisexuality is confined to “male, female.”
Tania Israel, a bisexual advocate and psychology professor at the University of California, Santa Barbara, shared some of her bisexual haikus, which she calls, “bikus.”
Dawson moderated the next panel.
Panelists included Nicole Holmes, a bisexual advocate and public health professional, National Center for Transgender Equality Communications Director Leroy Thomas and NCTE Policy Counsel Kris Tassone.
The panel talked about how shame and stigma drive the statistics that negatively impact the bisexual community. Another word that came up as a driving force was “intersectionality.”
Holmes said that when it comes to intersectionality, it’s important to not just “list identities,” but to look deep into “the purpose behind why we are talking about intersectional identities” in the first place.
Adrian Shanker, senior advisor on LGBTQ+ Health Equity for the U.S. Department of Health and Human Services, spoke about health equity for the bisexual community.
“Striving for health equity remains a core priority. It also remains an unmet dream,” said Shanker. “Queer people have always had to be our own health advocates.” While health equity may not be here yet, Shanker says there is much in the works for the LGBTQ community, bisexuals specifically.
Shanker cited a National Cancer Institute funding opportunity that invites research proposals to cancer care for sexual and gender minorities, stating bisexual specific proposals are welcome. The impending potential government shutdown may postpone it.
The Biden-Harris administration is also working to ban so-called conversion therapy at the federal level. Additionally, 988, the national suicide prevention hotline, began a program to offer specialized support for LGBTQ youth and young adults last year.
Shanker said bisexual people should prioritize preventative screenings for skin cancer, oral cancer, lung cancer, regular cervical and anal pap tests, mammograms, prostate exams and colonoscopies.
“If you have a body part, get it screened,” said Shanker.
Megan Townsend, senior director of entertainment research and analysis for the GLAAD Media Institute, did a presentation on bisexual representation in the media and opportunities for advancement.
“I want to see bi+/pan colors displayed on the White House,” said Dawson. “I want every national LGBTQIA+ organization to be talking about us, to put our concerns front and center.”
The data presented can be found here.
Delaware
Flight attendants union endorses Sarah McBride
Del. lawmaker would be first transgender member of Congress

Delaware congressional candidate Sarah McBride has earned the support of the Association of Flight Attendants, the nation’s most prominent flight attendant union.
It’s the second big labor endorsement for McBride after the United Food and Commercial Workers Local 27’s endorsement. The Association of Flight Attendants praised her for spearheading efforts to bring paid family and medical leave to Delaware, which will take effect in 2026.
“Sarah’s record in the Delaware Senate shows that she understands how to work collaboratively, build power and make big things happen,” the union’s president, Sara Nelson, wrote in a press release shared exclusively with the Washington Blade. “That’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy.”
McBride also announced her support for creating a list of abusive passengers and banning them from flying. Each airline has a list of passengers banned from flying, but airlines don’t share the lists with each other, though Delta Air Lines has asked them, because of “legal and operational challenges,” as a representative for the airline industry trade group Airlines of America told a House committee in September 2021.
“Right now, someone can be violent towards a flight attendant or another passenger and walk directly off of that flight and onto one with a different airline to endanger more people,” an Association of Flight Attendants spokesperson wrote in a statement.
The Protection from Abusive Passengers Act would put the Transportation Security Administration in charge of building the database of passengers fined or convicted of abuse and has bipartisan support but has sat idly in committee since March. It failed to pass last year, and civil rights groups including the American Civil Liberties Union have charged that the list would disproportionately target people of color and strip and a better step to reducing hostility would be making flights more comfortable. Reports of defiant and unruly passengers have more than doubled between 2019, before the COVID-19 pandemic, and 2022.
“I thank the Association of Flight Attendants for endorsing our campaign,” McBride wrote in the press release. “It’s important that we recognize and celebrate the symbiotic relationship between strong, unionized workforces and the continued growth of employers here in our state.”
The union representing 50,000 flight attendants across 19 airlines is putting pressure on airlines to grant union demands in contract negotiations. At American Airlines, unionized flight attendants voted to authorize a strike — putting pressure on the airline to accede to its demands. Flight attendants at Alaska Airlines say they are ready to strike but have not voted to authorize one yet. United Airlines flight attendants picketed at 19 airports around the country in August, ratcheting up the pressure.
The union’s endorsement adds to a growing list of McBride endorsements, including 21 Delaware legislators, the United Food and Commercial Workers, the Human Rights Campaign, EMILY’s List, and Delaware Stonewall PAC. McBride, who would be the first openly transgender politician in Congress, has powerful connections in Washington — including with the White House — and is favored to win Delaware’s lone House seat.
A poll commissioned by HRC shows her leading the pack of three candidates vying for the seat — 44 percent of “likely Democratic voters” told pollster company Change Research, which works with liberal organizations. The poll of 531 likely Delaware Democratic primary voters, though, was conducted only online — meaning those with less familiarity or access to the internet may not have been counted — and Change Research’s methodology for screening likely voters is unclear. The company also did not provide a breakdown of respondents by age, gender, and race, but says it uses an algorithm to make the results representative.
Nelson said McBride’s time in Delaware’s state Senate shows her prowess in building power and working collaboratively.
“That’s the kind of leader we need in Congress, and we’re proud to endorse her candidacy,” she wrote.
Virginia
Lawsuit seeks to force Virginia Beach schools to implement state guidelines for trans, nonbinary students
Va. Department of Education released new regulations in July

Two parents in Virginia Beach have filed a lawsuit that seeks to force the city’s school district to implement the state’s new guidelines for transgender and nonbinary students.
NBC Washington on Friday reported Cooper and Kirk, a D.C.-based law firm, filed the lawsuit in Virginia Beach Circuit Court.
The Virginia Department of Education in July announced the new guidelines for which Republican Gov. Glenn Youngkin asked. Arlington County Public Schools, Fairfax County Public Schools and Prince William County Schools are among the school districts that have refused to implement them.
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