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Gray, Bowser in tight race

LGBT vote could prove key factor in mayor’s race

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Vincent Gray, Muriel Bowser, mayor, race, gay news, Washington Blade
Vincent Gray, Muriel Bowser, mayor, race, gay news, Washington Blade

Mayor Vincent Gray and Council member Muriel Bowser lead a field of candidates seeking the Democratic nomination in next week’s primary. (Washington Blade photos by Michael Key)

Supporters of Mayor Vincent Gray (D) and his main rival, City Council member Muriel Bowser (D-Ward 4), were making a final appeal to LGBT voters for support this week just days before the city’s April 1 Democratic primary.

Two polls released on Tuesday and a separate poll released one week earlier each show Gray and Bowser in a statistical tie and far ahead of the other six mayoral candidates.

Bowser’s dramatic rise in the polls over the past month has prompted her campaign to step up its effort to urge supporters of the other candidates — especially Council members Jack Evans (D-Ward 2) and Tommy Wells (D-Ward 6) — to switch their backing to Bowser.

Although most observers believe the LGBT vote will be divided among several candidates, some activists say LGBT voters could be a deciding factor in the race if they coalesce behind either Gray or Bowser.

One of the polls released this week by the Washington Post shows Bowser with 30 percent support from a sample of likely voters, with Gray receiving 27 percent. An NBC4/Marist poll also released on Tuesday shows Bowser with 28 percent and Gray with 26 percent.

The poll released one week earlier and commissioned by WAMU Radio and the Washington City Paper showed Gray and Bowser each receiving 27 percent. All three polls show that Gray’s support has largely remained at the same level it was more than two months ago while Bowser’s support has risen by more than 10 points.

According to the NBC4/Marist poll released on Tuesday, among likely Democratic voters, Council member Tommy Wells (D-Ward 6) was in third place with 11 percent; Council member Jack Evans (D-Ward 2) was in fourth place with 9 percent; and Busboys and Poets Restaurant owner and progressive activist Andy Shallal and Council member Vincent Orange (D-At-Large) each had 4 percent.

Attorney and former State Department official Reta Jo Lewis had 2 percent and businessman Carlos Allen had less than 1 percent. Fifteen percent of the respondents were undecided. The poll has a margin of error of plus or minus 4.7 percent.

“The latest polls are showing what we knew all along — that this is a two-candidate race,” said gay activist and businessman Everett Hamilton, who’s supporting Bowser. “All the candidates are great on our issues and we are really fortunate to have an embarrassment of riches among the candidates,” he said.

“So this election is really not about whether someone will be good on LGBT issues,” Hamilton said. “It’s about things that need to be better in this city.”

Transgender activist Jeri Hughes, who supports Gray, said she was troubled that some opponents of Gray are arguing that people shouldn’t vote for him because of the pending criminal investigation into an illegal shadow campaign on the mayor’s behalf in 2010.

At least four people associated with Gray’s 2010 election campaign, including businessman Jeffrey Thompson, have pleaded guilty to criminal charges related to the raising of more than $660,000 in illegal campaign funds. But despite statements by U.S. Attorney Ronald Machen that more is to come in his ongoing investigation, which began four years ago, no charges have been filed against Gray, who strongly denies any involvement in illegal campaign activities.

“I don’t think the people moving toward Bowser are LGBT people for the most part,” Hughes said. “This is due to allegations against the mayor. Nothing has been proven. I’m very disappointed that so many people are buying into innuendo,” she said.

“I can’t turn away my support because of innuendo,” said Hughes. “I believe the mayor is of the utmost integrity and most people I know in the LGBT community share this view.”

Hughes and Lane Hudson, a local gay Democratic activist who founded an independent LGBT group supporting Gray called Gray Pride, are among a number of activists who consider Gray’s record on LGBT issues to be the strongest in the nation for a big city mayor.

Transgender activists have described as groundbreaking a first-of-its-kind city job training program initiated by Gray aimed at low-income transgender residents, who often face prejudice and discrimination when seeking employment. Also considered groundbreaking by activists was the mayor’s recent directive requiring health insurance companies doing business in the city to cover gender reassignment surgery and other procedures deemed medically necessary for transgender people in the process of transitioning.

“It will be a close race,” Hudson said. “The turnout will be crucial. The more activist types are favoring Gray,” he said. “I feel he is getting around half to a majority of LGBT votes.”

Hudson said he doesn’t think a significant number of LGBT voters have dropped their support for Gray over the 2010 campaign finance allegations. He said that since the start of the campaign late last year he expected the LGBT vote to split along the lines it did in 2010 when LGBT people divided their vote between Gray and then Mayor Adrian Fenty.

Evans and Wells supporters, meanwhile, questioned whether the latest polls accurately reflect the view of the people who will actually turn out to vote. They urged supporters to remain loyal to their respective candidate in a hotly contested election with an outcome that seasoned political observers, including LGBT advocates, said was unpredictable, in part, because the voter turnout is expected to be at an all-time low.

A low turnout is expected, according to political observers, because voters are unaccustomed to having a primary – or any city election – in April. In a controversial action, the D.C. Council voted last year to move the primary from September to April 1.

In addition to Democratic candidates, gay Libertarian Party candidate Bruce Majors is running unopposed in his party’s mayoral primary on April 1, ensuring that he will be on the ballot in the November general election.

Also running unopposed in the April 1 primary is Statehood-Green Party candidate Faith, a former Broadway musician who has run for public office several times in the past.

At a campaign rally Monday night at the D.C. gay bar Number 9, Evans reminded the mostly gay crowd that he has been on the front lines in support of LGBT rights since he began his tenure on the Council in 1991 when he led the effort to repeal the city’s sodomy law. In his GLAA questionnaire response, Evans lists nearly two-dozen LGBT-related bills he has introduced, co-sponsored or supported that have passed since he became a Council member.

Jack Evans, Washington Blade, gay news

‘I’m the alternative that you need,’ said Jack Evans. ‘And I can win if you vote for me.’ (Washington Blade file photo by Michael Key)

Evans said he’s telling anyone who will listen – including LGBT voters – that he has a shot at winning if everyone familiar with his long record of accomplishment on a wide range of issues votes for him.

“What I’m saying to people is I’m the alternative that you need,” Evans said. “And I can win if you vote for me.”

All of the candidates except Allen have expressed strong support for LGBT rights, including marriage equality. Although Allen has expressed general support on LGBT issues during candidate forums, he received a “0” rating from the Gay & Lesbian Activists Alliance for failing to return a questionnaire asking about specific issues. The non-partisan GLAA rates on a scale of -10 to +10.

Gray received a +10, the highest possible rating from GLAA. He received 58 percent of the vote in the Gertrude Stein Democratic Club’s mayoral endorsement forum, falling four votes short of the 60 percent threshold needed for an endorsement under the club’s rules. With support from Stein Club members divided among the candidates, the club did not endorse anyone for mayor.

Wells received a +9.5 GLAA rating; Evans received a +9, Shallal received a +6, Bowser received a +5.5, Lewis received a +4.5, and Orange received a +3.

The mayoral candidates responding to the GLAA questionnaire each expressed support for a wide range of LGBT issues and initiatives proposed by the non-partisan GLAA. GLAA President Rick Rosendall noted that none of the mayoral candidates were designated as hostile or in opposition to a significant LGBT issue.

Wells supporters point to his role as chair of the Council’s Judiciary and Public Safety Committee, where he has pushed through a number of important LGBT-related bills, including a measure easing the ability of transgender people to obtain a new birth certificate to reflect their new gender. Wells has also monitored police handing of anti-LGBT hate crimes in a series of oversight hearings on the subject.

Orange supporters, including LGBT backers from his home base in Ward 5, note that, among other things, he helped push through legislation to create the city’s Office of GLBT Affairs and worked with gay Council member Jim Graham (D-Ward 1) in securing Council passage of an amendment that added transgender people to the D.C. Human Rights Act’s prohibitions against discrimination.

In addition to being a longtime supporter of LGBT rights, Shallal said he regularly arranges for his Busboys and Poets restaurants to host and sponsor LGBT-related events, including “a monthly queer open series that encourages self-expression for the LGBT community.”

Lewis said that as a senior State Department official in the Obama administration, she backed then Secretary of State Hillary Clinton’s implementation of domestic partnership benefits and spousal privileges to same-sex partners of U.S. Foreign Service employees. “I was proud to have been a part of the administration that made it possible for landmark legislation like the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act to become law,” she said on her GLAA questionnaire response.

A breakdown of the GLAA rating scores for each of the candidates and their questionnaire responses can be accessed at glaa.org.

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District of Columbia

‘Sandwich guy’ not guilty in assault case

Sean Charles Dunn faced misdemeanor charge

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Sean Charles Dunn was found not guilty on Thursday. (Washington Blade file photo by Joe Reberkenny)

A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10. 

Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets. 

Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers  standing in front of the shop.

 Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.

 “I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.

 “And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”

The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.

Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured. 

Prosecutors  with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.

“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”

The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1. 

Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom. 

Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.

Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various  provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.

The dispute over the intricacies of  the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.

Court observers have said in cases like this, a jury could have issued a so-called  “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.

DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.

“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.

Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.

Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident. 

“I would like to thank family and friends and strangers for all of their support, whether it  was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.” 

“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.

“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.

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Maryland

Democrats hold leads in almost every race of Annapolis municipal election

Jared Littmann ahead in mayor’s race.

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Preliminary election results from Tuesday show Democrats likely will remain in control of Annapolis City Hall. Jared Littmann thanks his wife, Marlene Niefeld, as he addresses supporters after polls closed Tuesday night. (Photo by Rick Hutzell for the Baltimore Banner)

By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.

Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.

Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”

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

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Virginia

Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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