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Court dismisses La. marriage equality lawsuit

Plaintiffs say they’ll amend complaint to continue litigation

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A Louisiana court has dismissed a marriage equality lawsuit (photo via wikimedia).

A Louisiana court has dismissed a marriage equality lawsuit (photo via wikimedia).

A federal court in Louisiana has dismissed a lawsuit seeking marriage equality on the grounds of lack of jurisdiction, although attorneys say they’ll amend the complaint to continue the litigation.

U.S. District Judge Martin Feldman, a Reagan appointee, dismissed the lawsuit, known as Robicheaux v. Caldwell, on Wednesday because plaintiffs named only Attorney General James Caldwell as a defendant and he hasn’t denied them the recognition of their marriage.

“The Attorney General’s sweeping responsibility to enforce the laws of the State of Louisiana lacks the Ex parte Young specificity nexus between the Attorney General and the alleged unconstitutional provisions that is essential to defeat sovereign immunity,” Feldman writes.

Scott Spivey, an attorney in New Orleans, filed the federal lawsuit on behalf of Jon Robicheaux and Derek Pinton, who married in Iowa last year and are seeking the recognition of their marriage in their home state of Louisiana. Another Louisiana same-sex couple who married in Iowa, Nadine and Courtney Blanchard, later joined as plaintiffs in the lawsuit.

James Hartman, a spokesperson for the plaintiffs, say they don’t believe the decision is “a fatal blow to the case” and plan to amend the complaint.

“On Monday, pending no objection from the attorney general, Mr. Spivey will seek to amend the suit, naming Secretary Tim Barfield of the State Department of Revenue as the defendant,” Hartman said. “Failing acceptance of that amendment or denial of that motion, Mr. Spivey will file an appeal with the Fifth Circuit.”

An individual is unable to sue a state under the Eleventh Amendment of the U.S. Constitution because of sovereign immunity — unless the plaintiff is suing a state actor who’s acting in an unconstitutional way.

Feldman denies the attorney general is the appropriate state actor in the lawsuit, dismissing arguments that Caldwell is essentially responsible for enforcing the laws in Louisiana and sovereign immunity cannot apply in the case because plaintiffs are seeking injunctive relief and not monetary damages.

The judge also takes note the attorney general has requested the lawsuit be dismissed or transferred for improper venue, but says this request is moot because the judge has dismissed the lawsuit for other reasons.

Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the plaintiffs would be in a stronger position in the case if they sought recognition and then alleged in their amended complaint that the recognition was denied.

“If the couples had asked for recognition and been denied, the court would not have dismissed the suit on the same grounds,” Goldberg said.

The Robicheaux case isn’t the only marriage-related lawsuit in Louisiana. Private lawyers have filed another lawsuit in state court, known as In Re Costanza and Brewer, on behalf of another same-sex couple seeking to have their marriage recognized by Louisiana. Judge Edward Broussard ruled against the couple in July. The case is now being appealed.

CORRECTION: An initial version of this article indicated that James Hartman was a spokesperson for attorney Scott Spivey. The Blade regrets the error.

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Colombia

Claudia López mum on whether she will run for president of Colombia

LGBTQ+ Victory Institute honored former Bogotá mayor in D.C.

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Former Bogotá Mayor Claudia López, left, with Minneapolis City Councilwoman Andrea Jenkins at the LGBTQ+ Victory Institute's International LGBTQ Leaders Conference in D.C. on Dec. 8, 2024. (Washington Blade photo by Michael K. Lavers)

Former Bogotá Mayor Claudia López on Saturday did not specifically discuss the growing speculation over whether she will run for president of Colombia in 2026 when she spoke at the LGBTQ+ Victory Institute’s annual International LGBTQ Leaders Conference in D.C. and with the Washington Blade.

“In a week I am going to return to Colombia and I’m coming back with a very, very punctual task,” she said in a speech she gave after the Victory Institute inducted her into its LGBTQ+ Political Hall of Fame at the JW Marriott. “Democracy in the world in general needs emotional reconnection.”

López, 54, was a student protest movement leader, journalist, and political scientist before she entered politics.

She returned to Colombia in 2013 after she earned her PhD in political science at Columbia University.

López in her speech said Juan Francisco “Kiko” Gomez, a former governor of La Guajíra Department in northern Colombia, threatened to assassinate her because she wrote about his ties to criminal gangs. A Bogotá judge in 2017 convicted Gómez of ordering members of a paramilitary group to kill former Barrancas Mayor Yandra Brito, her husband, and bodyguard and sentenced him to 55 years in prison.

López in 2014 returned to Colombia, and ran for the country’s Senate as a member of the center-left Green Alliance party after she recovered from breast cancer. López won after a 10-week campaign that cost $80,000.

“I was the only woman, the only LGBTQ member of my caucus,” she said in her speech. “Of course I had the honor, but also the responsibility to represent them particularly well, [and] of course all the citizens who trust me and all the citizens of Colombia.”

“Once you are elected, you are elected to represent equally and faithfully all of the people, not only your own people,” added López.

López in 2018 was her party’s candidate to succeed then-President Juan Manuel Santos when he left office. López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city.

“This of course speaks incredibly well of my city,” she said in her speech.

López took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano. (López was not out when she was elected to the Senate.) Lozano was with López at the Victory Institute conference.

López’s term ended on Dec. 31, 2023. She will return to Colombia once her Advanced Leadership Fellowship at Harvard University ends this month.

“I ended my mayorship,” López told the Blade. “It has been, of course, the honor of my life to be the first female mayor of my city. It was an absolutely beautiful job, but very challenging.”

“I needed a year of rest, of relaxation, and I was fortunate to receive a Harvard scholarship this year,” she added.

López during the interview called for an end to polarization and reiterated her support for democracy.

“We need to listen to each other again, we need to have a coffee with each other again, we need to touch each other’s skin,” she said.

López said parties, candidates, and their political coalitions in Colombia and around the world need to “listen, reconnect, and organize with people” at the grassroots. López also told the Blade there is a “global crisis of democracy.”

“Each country has its own contexts and challenges, but it seems to me that there is a common element there,” she said.

“So, I return to Colombia rested, grateful after a year of reflection, with proposals in mind, but determined to dedicate time to what I consider the most important work for democracy at this time, which is to reconnect from the grassroots,” added López.

‘I know what love and education can do for any person’

López took office less than three months before the COVID-19 pandemic began.

“We were full of hope, ready to go to offer a new social and environmental contract for Bogotá society for the 21st century,” she said. “But a couple of (months) after being sworn into office, the pandemic of COVID-19 came.”

Unemployment and poverty rates soared in Bogotá during the pandemic, and the city’s residents had less access to health care and other basic services.

López noted her administration in response to the pandemic offered scholarships to young people, supported businesses, and increased funding of the city’s social services. López also said her administration implemented Latin America’s first city-based care system for female care givers, and build three more LGBTQ community centers in poor and working-class neighborhoods.

“I know what love and education can do for any person,” she said.

Members of Caribe Afirmativo, a Colombian LGBTQ rights group, participate in a Pride march in Bogotá, Colombia, in 2022. (Photo courtesy of Caribe Afirmativo)

The U.N. Refugee Agency says upwards of three million Venezuelans are now in Colombia.

Then-Colombian President Iván Duque in February 2021 announced Venezuelan migrants who register with the country’s government will be legally recognized.

Former Bogotá Mayor Gustavo Petro, a former senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s, succeeded Duque as president on Aug. 7, 2022. Colombia and Venezuela restored diplomatic ties less than a month later.

Venezuela’s National Electoral Council on July 28 declared President Nicolás Maduro the winner of the country’s disputed presidential election. Tamara Adrián, the country’s first transgender congresswoman who ran in the presidential primary earlier this year, are among those who denounced voting irregularities.

WPLG, a South Florida television station, on March 16, 2021, reported López sparked controversy after she told reporters there have been “some very violent acts from Venezuelans.”

“First they murder, and then they steal,” she said. “We need guarantees for Colombians.”

López made the comments after a Venezuelan migrant murdered a Colombian police officer in Bogotá.

“The problem is not migration from Venezuela,” López told the Blade in response to a question about Venezuela. “The problem is authoritarianism in Venezuela and you have to keep the focus on it.”

“The problem is what it is: It is not the migrants, it is in Maduro, it is in the dictatorship, it is in authoritarianism.”

(washington blade video by michael k. lavers)

More than 200,000 people died in the war between the Colombian government and the Revolutionary Armed Forces of Colombia that began in 1962.

Santos and the Revolutionary Armed Forces of Colombia Commander Rodrigo “Timochenko” Londoño on Sept 26, 2016, signed an LGBTQ-inclusive peace agreement. Colombian voters a few days later narrowly rejected it a referendum that took place against the backdrop of anti-LGBTQ rhetoric from religious and conservative groups.

Santos and Londoño less than two months later signed a second peace agreement, which also contains LGBTQ-specific references.

López described herself as “a person totally committed to the peace process.” She added, however, she has “a bit of a bad taste in my mouth now that I look back.”

“The peace process with the FARC, which was to demobilize the FARC, period, certainly tried to have and had a gender focus, of course a diversity focus, a focus on human rights for all victims, and certainly (the) many LGBT victims who had been victims of FARC recruitment, abuse, stigmatization, etc.,” López told the Blade. “So, in some sense, or in many senses, having that gender and diversity perspective was a way of recognizing the victims of our community.”

She noted opponents lied about the LGBTQ-specific provisions “to deceive and delegitimize the peace agreement.”

“It is not about making anything invisible, or even downplaying anything, but rather about being much more strategic in understanding that we do not want our flags and causes to be exposed in a way that ends up being a boomerang for our own community,” López added. “So, I say that is why it is a disappointment, because I think it is a lesson. At least for me, it made me think and it makes me think, and I have said it openly since then, that we have to be much more careful and much more, above all, strategic, in how we raise our flags so that they really do not only have symbolic, but real advances and so that in no case do they become a boomerang against ourselves.”

‘I know how you feel’

López during the interview praised the recent elections of Mexican President Claudia Sheinbaum, Uruguayan Vice President Beatriz Argimón, and other women in Latin America. She also expressed sympathy with LGBTQ Americans who are concerned about the incoming Trump-Vance administration.

“I know how you feel,” said López in her speech. “I’ve been there when we lost the peace referendum in 2016. I’ve been there when three candidates who represented independent, new alternatives in Colombia, and policies were killed by mafia groups in 1990. I’ve been there when a mafia cartel was able to fund and elect a president for all of us. I’ve been there when paramilitary groups were able to support and elect another president in Colombia.”

“I know how obscure and difficult and challenging and painful democratic times are, but we cannot (back) democracy only when we win,” she added. “It’s precisely when things are challenging, when we suffer defeats that are painful, that we need to attach to our democratic and humanistic values and principles.”

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Rehoboth Beach

Rehoboth Beach’s iconic Purple Parrot is sold

Popular restaurant/bar purchased by local entrepreneurs

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Drew Mitchell (left) and Tyler Townsend recently completed their purchase of the Purple Parrot.

After 25 years of success, owners Hugh Fuller and Troy Roberts recently sold Rehoboth Beach’s Purple Parrot restaurant and bar. 

During those 25 years, they built it into an iconic establishment in Rehoboth Beach, Del., popular with locals and tourists alike.

 “I think you know that this has basically been my entire adult life,” Fuller said. “Selling wasn’t something I was even contemplating until my health took a turn after contracting COVID, which took a toll on my everyday health. I went from working almost every day to barely going in.” 

Fuller added that when local entrepreneurs Tyler Townsend and his partner Drew Mitchell reached out, he knew it was time to sell. 

“We knew we made the right decision going with some young blood that knew the staff, the restaurant, and us,” Fuller said. “We know that our baby is in good hands and will breathe for another 25+ years with them at the helm. I plan to take some time and bring my mom back to her hometown in Germany to visit her family, which she hasn’t seen in over 30 years.” 

Roberts added, “It is bittersweet selling a business you created, nurtured, and ran for 25 years. It is much easier knowing who is going to love it next. More importantly, we really wanted our staff to be OK and again picking the right guys offering that security to them was a major plus. I’ve learned so much being in the restaurant business for 30+ years. You meet so many great people, so many loyal customers, amazing locals, and even better staff. It truly does become a family situation. I will always be grateful to every single one of them past and present. I cannot wait to see what the next chapter of the Purple Parrot Grill has in-store.”

The new owners, Townsend and Mitchell, are already a big part of the Rehoboth scene. Townsend is a successful restaurateur, part of the Second Block Hospitality Group, which owns The Pines, Drift, and Bodhi Kitchen. Townsend is also one of the owners of Aqua Bar and Grill.  Townsend and the other three partners in Second Block Hospitality, were named restaurateurs of the year by the Delaware Restaurant Association earlier this year. Mitchell has a company that does corporate branding, but is no newcomer to hospitality. He is the owner of the Fathom Gallery on 14th Street in D.C., a popular event space. 

Townsend told the Blade he and Mitchell are not planning any big changes for the Parrot. The staff will remain the same and the food and drinks will continue as they are now. They will continue to be open on Thanksgiving and Christmas, as a home for those looking to have a great place to spend the holidays with old, and new friends. While the Parrot is independent of Townsend’s other businesses, he believes there can be some synergy among them, and if the time and event are right, there will be collaboration. 

Reaction to the news from locals has been overwhelmingly positive.

Christopher Chandler, who has worked as a bartender and manager at the Parrot for years, is well respected in the community and has been voted best bartender in Rehoboth Beach a number of times by Blade readers. Chandler said, “Hugh and Troy were, and are, like family to me. They treated me and the staff of the Parrot as part of theirs. I’m sad they are gone but if anyone is capable of continuing their legacy it is Tyler and Drew.

“In the short time since their purchase of the Purple Parrot they have continued on that tradition. I’m excited about continuing into the future what the Parrot has been to the community, and to the employees, just with new owners.”  

Bob Suppies, who is a partner with Townsend in Second Block Hospitality said, “I couldn’t be more excited for Tyler and Drew having purchased The Purple Parrot. When Tyler, Kevin McDuffie and I bought Aqua Bar & Grill from the famed Bill Shields, it was important for us to honor the brand and legacy of a great Rehoboth Beach institution. I know Tyler and Drew will do an outstanding job protecting what Hugh and Troy have built and given to our community.” 

Steve Fallon, owner of local retail store Gidget’s Gadgets, said, “The Purple Parrot is a monumental institution produced by the hard work of Hugh, Troy, Cathy, and their loyal staff. We will be sad not to yell “Hey Hugh!” across the street. But I also know that Tyler and Drew will carry on the history of the Parrot with a fresh approach and always keep the customers happy. I wouldn’t fear that they would do as others have done and try changing a functioning landscape into a horror show.” 

The Purple Parrot (Washington Blade photo by Daniel Truitt)
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Maryland

Hate crime charges dropped against most Salisbury students in off-campus attack

Suspects allegedly used Grindr to target victim

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Students walk outside the Guerrieri Academic Commons at Salisbury University, where 15 students were charged in an off-campus attack. (Photo by Wesley Lapointe of the Baltimore Banner)

BY MIKE HELLGRIN, CHRISTIAN OLANIRAN, AND ELLIE WOLFE | Prosecutors in Wicomico County are dropping felony assault and hate crime charges against at least 12 of the 15 Salisbury University students charged in an off-campus attack in October.

Misdemeanor false imprisonment and second-degree assault charges remain for most of the defendants, and many trials are set for late January.

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

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