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BOWSER TOPPLES GRAY

Graham loses; prospect of no gay representation on Council

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Muriel Bowser, mayor, D.C. Council, Democratic Party, primary, gay news, Washington Blade
Muriel Bowser, mayor, D.C. Council, Democratic Party, primary, gay news, Washington Blade

Council member Muriel Bowser defeated Mayor Vince Gray, setting up a contest with gay Council member David Catania in November. (Washington Blade photo by Damien Salas)

D.C. Council member Muriel Bowser (D-Ward 4) won 13 out of 16 precincts believed to have high concentrations of LGBT residents in her victory over Mayor Vincent Gray and six other candidates in the city’s Democratic primary on Tuesday.

In final but unofficial returns released by the Board of Elections and Ethics, Bowser had 44 percent of the vote compared to 32 percent for Gray in one of the city’s lowest turnout elections.

Bowser’s decisive win created deep disappointment among the large number of LGBT activists supporting Gray, many of whom consider him the nation’s most LGBT supportive mayor. His initiatives on transgender equality earned him strong and loyal support from the transgender community.

Although Bowser had a strong showing in voter precincts with high concentrations of LGBT residents, some activists backing Gray said they would take a careful look at gay Council member David Catania (I-At-Large), who will be running against Bowser as an independent candidate in the November general election.

“I am still proud of our mayor, Vince Gray,” said gay Democratic activist Lane Hudson, who co-founded Gray Pride, an LGBT group that campaigned for Gray.

“I will be listening very carefully to what Muriel Bowser says and does to bring our party together and also curious of the tone and approach that David Catania brings to this race,” Hudson told the Blade.

Transgender activist Jeri Hughes, along with Hudson, were among the many LGBT supporters that attended Gray’s election night gathering at the Hyatt Regency Hotel on Capitol Hill.

Like many Gray supporters, Hughes blamed Gray’s defeat on the decision by U.S. Attorney Ronald Machen to publicly disclose two weeks before the election that businessman Jeffrey Thompson implicated Gray in a scheme to raise more than $500,000 in illegal funds for Gray’s 2010 election campaign. Gray has long denied having any knowledge of the scheme, which the U.S. Attorney’s office has been investigating for four years.

“My thinking is that Ron Machen should be forced out of D.C.,” Hughes said following Gray’s concession speech. “His innuendo affected the outcome of this election, and the District of Columbia is going to have to pay for it,” she said.

Vincent Gray, Democratic Party, District of Columbia, primary, gay news, Washington Blade

Mayor Vincent Gray lost his bid for re-election, weeks after the U.S. Attorney implicated him in a scheme to raise illegal funds for his last race. (Washington Blade photo by Michael Key)

“Vincent Gray did an excellent job as the mayor,” Hughes said.  “And it’s a sad thing that innuendo can influence an election to where someone who has done an excellent job can lose in the last stages of his campaign.”

In what political observers are calling one of the biggest upsets in this year’s City Council elections, gay four-term Council member Jim Graham (D-Ward 1) lost his re-election bid to political newcomer Brianne Nadeau, a civic activist and vice president of a local public relations firm.

Final but unofficial returns reported by the Board of Elections show Nadeau received 5,755 votes, or 58.7 percent, compared to Graham, who received 4,003 votes, or 40.8 percent. Absentee and provisional ballots had yet to be counted.

Nadeau expressed strong support for LGBT rights while criticizing Graham for an ethics charge involving a Metro development contract that led to a decision by his Council colleagues to vote 11 to 2 to officially reprimand him last year.

Saying Graham’s ethics charge followed the arrest and prosecution of two other D.C. Council members on corruption-related charges, Nadeau called on voters, including LGBT voters, to elect her to send a message that political corruption is unacceptable.

Graham’s long record as a champion for LGBT rights and his work in fighting AIDS as the former executive director of the Whitman-Walker Clinic made him highly popular in the LGBT community. And his reputation as one of the Council’s strongest providers of constituent services made him highly popular among the ward’s highly diverse population groups, including Latino and African immigrants.

Most political observers in the ward believe the ethics issue was the key factor in Graham’s loss of support from many of his constituents, including LGBT residents.

Nadeau beat Graham decisively in four of six Ward 1 precincts believed to have large numbers of LGBT residents in Adams Morgan, Columbia Heights and the U Street, N.W. corridor. Graham won just one of the six precincts — Precinct 36 in Columbia Heights — by a margin of 52 percent to 48 percent.

He lost Precinct 137 in the U Street corridor by just one vote, with Nadeau receiving 125 votes to Graham’s 124 votes. Nadeau won the others by margins of greater than 10 percent.

“We did our best to represent the great diversity of this ward, bringing together people of all backgrounds in a common purpose who deserve good representation here in Ward 1,” Graham said at his election night gathering in a restaurant in Mount Pleasant.

“Let’s give all of the people who worked so hard a round of applause because we have solid support from African Americans, solid support from Latinos, solid support from the Ethiopian community, solid support from the Vietnamese and pretty solid support from people who look like me,” he said.

Jim Graham, gay news, Washington Blade, Democratic Party, primary

Gay Council member Jim Graham was defeated on Tuesday, ending a 16-year run on the Council. (Washington Blade photo by Michael K. Lavers)

In her victory speech at another restaurant at 11th and U streets, N.W., Nadeau thanked Graham for what she said were his years of service to Ward 1. But she also reiterated her campaign call for addressing ethics in government.

“Today voters embraced ethical leadership focused on making Ward 1 more affordable and improving our neighborhood schools,” she said. “Together we built a strong grassroots movement for progressive change, one that resonated far and wide with voters.”

With Nadeau and Bowser perceived as being strongly committed to LGBT rights, even though their records could not stand up to the accomplishments of Graham and Gray on those issues, many LGBT voters chose to base their vote on non-LGBT issues, according to activists following the city’s April 1 primary.

“All of the candidates are great on our issues and we are really fortunate to have an embarrassment of riches among the candidates,” said gay businessman Everett Hamilton, who is among Bowser’s leading LGBT supporters.

The six other Democratic mayoral candidates, all of whom expressed strong support for LGBT equality, finished far behind Bowser and Gray.

Council member Tommy Wells (D-Ward 6) came in third place with 13 percent of the vote. Council member Jack Evans (D-Ward 2) came in fourth with 4 percent. Busboys and Poets restaurant owner and progressive activist Andy Shallal finished fifth with 3 percent followed by Council member Vincent Orange (D-At-Large) who received 2 percent. Former State Department official Reta Lewis and businessman and singer Carlos Allen received less than 1 percent.

Similar to other D.C. residents, most LGBT voters are registered Democrats. But at least some longtime LGBT Democratic activists have said they would seriously consider backing Catania in the general election in November.

Gay Democratic activist Paul Kuntzler, a founding member of the Gertrude Stein Democratic Club, the city’s largest LGBT political group, supported Gray in the primary. In a letter he sent to Catania’s office on Wednesday, Kuntzler said he’s supporting Catania over Bowser in November.

“I believe David will make a great mayor,” he said. “I also believe he will win in November. I have voted for him every time he has been on the ballot.”

A poll released by the Washington Post in late March, however, showed that Bowser was favored by voters participating in the poll by a margin of 56 percent to 23 percent. Catania’s campaign manager, Ben Young, said the poll was conducted just two weeks after Catania declared his candidacy for mayor and after Bowser had been campaigning for more than a year.

Young, along with other Catania supporters, said Catania’s support would rise in the coming months as he steps up his campaign.

In other races, D.C. Council Chair Phil Mendelson (D-At-Large), won his primary contest by beating Democratic challenger Calvin Gurley by a margin of 81 percent to 18 percent. A series of attack ads lodged against Mendelson by the Labor Committee of the Fraternal Order of Police, which acts as the local D.C. police union, accusing Mendelson of failing to take adequate measures to fight anti-LGBT hate crimes appears to have had no impact on the election.

Incumbent Council member Anita Bonds (D-At-Large), a longtime supporter of LGBT rights, won in a six-candidate race by capturing 53 percent of the vote. Challenger Nate Bennett-Fleming, who campaign aggressively for the LGBT vote, came in second with 22 percent. Challenger John Settles received 14 percent, with Pedro Rubio and Kevin Valentine receiving 7 percent and 3 percent.

Council member Kenyan McDuffie (D-Ward 5) defeated two Democratic challengers in his primary contest by capturing 79 percent of the vote. In Ward 6, where the Council seat is being vacated by Tommy Wells, who ran for mayor, Wells’ former chief of staff, Charles Allen beat former U.S. Senate staffer Darrel Thompson by a margin of 58 percent to 42 percent.

In a hotly contested race for the city’s shadow U.S. Senate seat, incumbent Paul Strauss defeated challenger Pete Ross by a margin of 60 percent to 38 percent.

D.C. congressional Del. Eleanor Holmes Norton (D) and Council member Mary Cheh (D-Ward 3) ran unopposed in their respective races.

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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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