Local
Ex-employee sues Whitman-Walker
Alleges discrimination, hazardous workplace
Omar Mendez Rivas had been working at the organization’s Elizabeth Taylor Building at 14th and R Streets, N.W. (Washington Blade file photo by Michael Key)
A former employee has accused Whitman-Walker Health in a lawsuit filed on Jan. 15 of illegally firing him in retaliation for his complaint that he was subjected to a hazardous workplace “contaminated with paint fumes and other toxic materials.”
Omar Mendez Rivas, who was hired by Whitman-Walker in April 2015 as a staff accountant/grant biller, charges in his lawsuit that the organization terminated his employment on the same day he informed supervisors he had filed a complaint against Whitman-Walker with the U.S. Occupational Safety and Health Administration (OSHA).
The lawsuit, which seeks $200,000 in compensatory and punitive damages, also charges Whitman-Walker with violating the D.C. Human Rights Act by discriminating against him in the firing based on his race, national origin and gender.
“One week prior to termination, Plaintiff filed a complaint with OSHA in regards to building violations and uses of toxic paint in a confined space during working hours, without warning or without protection against harmful fumes and materials used – this resulted in Plaintiff getting severely ill with headaches, dizziness, nausea and respiratory difficulties,” the lawsuit charges.
In a Jan. 22 motion calling for the U.S. District Court for D.C. to dismiss the case, Whitman-Walker argues that each of Rivas’s allegations “fail as a matter of law” because they fail to “state a claim upon which relief can be granted.”
The motion also says that Rivas was “terminated at the conclusion of his three-month introductory period,” and under D.C. rules related to employment “an at-will employee may be discharged at any time and for any reason, or for no reason at all.”
Whitman-Walker spokesperson Shawn Jain told the Blade Rivas had been working at the organization’s Elizabeth Taylor Building at 14th and R Streets, N.W. He said Whitman-Walker has a policy of not commenting on the reason why employees leave the organization.
“We continue to dispute the claims made by Omar Mendez-Rivas,” said Jain, who added that OSHA conducted its own investigation and has not issued any safety violations based on Rivas’s claims regarding paint fumes.
A page on the OSHA website for a case listed as “Whitman-Walker Elizabeth Taylor Medical Center – Inspection Information” says the case was opened on July 31, 2015 and closed on Sept. 10, 2015. No findings of a violation in OSHA regulations are listed on the page.
OSHA spokesperson Leni Fortson said the fact that no violations are listed indicates none were found by OSHA inspectors who visited the building in response to the complaint.
Jonathan Dailey, the attorney representing Rivas, said he was told by OSHA while preparing the lawsuit that the case was ongoing. But he said he won’t dispute what OSHA is now saying and will correct the lawsuit’s assertion that the probe was continuing.
He said the lawsuit was never dependent on an OSHA finding of a violation. “This is a wrongful termination case,” he said. “This is based on common law a wrongful discharge public policy exception, which is recognized under D.C. law as a cause of action.”
The lawsuit says Whitman-Walker has responded by saying the termination was not due to Rivas’s OSHA complaint but it has refused to give a reason for the termination.
“At no point after his hire and prior to his termination did defendant complain about his work performance, other than praise,” the lawsuit says.
The case has been assigned to U.S. District Court Judge Reggie B. Walton.
Rehoboth Beach
Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden
The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.
Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)
The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.
The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.
A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door.
District of Columbia
Curve magazine honors Washington Blade publisher
Lynne Brown named to 2026 Power List
Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.
“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.
Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010.
“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.
“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.”
Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers.
Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”
Rehoboth Beach
Auction of Rehoboth’s Blue Moon canceled
Details on sale of iconic bar, restaurant not disclosed
The Blue Moon in Rehoboth Beach, Del., has been an iconic presence in the local LGBTQ community for four decades but its status remains murky after a sheriff’s auction of the property was abruptly called off on Tuesday.
The property was listed for sale in December. At that time, owner Tim Ragan told the Blade that he is committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Ragan said in December. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney were separating the real estate from the business. The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million.
The bar and restaurant business is being sold separately; the price was not publicly disclosed.
But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer has been found but the sale is not yet final. As of Wednesday morning, the listing has been removed from the sheriff’s auction site.
Ragan didn’t respond to Blade inquiries about the auction. Back in December, he told the Blade, “It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” noting that he turns 70 this year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
The identity of the buyer was not disclosed, nor was the sale price.
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