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The no good, very bad week for LGBT Americans

Some question HRC strategy as hostile lawmakers strike back



RFRA, Religious Freedom Restoration Act, anti-gay, Sam Brownback, Pat McCrory, gay news, Washington Blade
RFRA, Religious Freedom Restoration Act, anti-gay, Sam Brownback, Pat McCrory, gay news, Washington Blade

Gov. Sam Brownback (R-Kansas) and Gov. Pat McCrory (R-N.C.) signed anti-LGBT laws in their states. (Photo of Brownback by Gage Skidmore courtesy Flickr; photo of McCrory public domain)

The week started out well enough. After the Human Rights Campaign Los Angeles gala on Saturday, when Chad Griffin urged Hollywood to stand with LGBT people in opposition to Georgia’s “religious freedom” bill, the Motion Picture Association of America issued a statement expressing confidence Gov. Nathan Deal would veto the measure.

Echoing a threat from the National Football League to withhold the Super Bowl from Georgia, Disney and Marvel Studios, currently filming “Guardians of the Galaxy 2” in Georgia, announced they would take their business elsewhere if discrimination became law in the state. AMC Networks, which produces “The Walking Dead” in Georgia, also urged a veto.

But after those small victories, things quickly changed. On Tuesday, Kansas Gov. Sam Brownback signed into law SB 175, a religious freedom bill that would allow religious organizations at public universities to deny membership to LGBT students. Brownback became the first governor in the nation to sign this year a measure enabling anti-LGBT discrimination.

An even bigger disappointment came the next day when the North Carolina Legislature, in retaliation over a recently approved pro-LGBT ordinance in Charlotte, rushed through in a special session House Bill 2 to undo all pro-LGBT protections in the state and prohibit transgender people from using public restrooms consistent with their gender identity. North Carolina Gov. Pat McCrory wasted no time in signing the measure, which has been dubbed the worst anti-LGBT law in the nation.

Major businesses, including Google, Marriott, American Airlines, Trillium Asset Management and PayPal, came out against the law after it was signed, as well as Bank of America, the largest employer in the state. The National Basketball Association issued a statement saying it doesn’t know whether Charlotte can now successfully host the All-Star Game in 2017 and film producer Rob Reiner said he won’t make any more movies in the state.

But the fact remains the measure is now the law in North Carolina, and there’s no sign the legislature will revisit it anytime soon. It remains to be seen if any of the major companies that denounced the law will put their money where their mouth is and cease to engage in business in the state.

Measures in other states may soon be on the way to becoming law. In Tennessee, an anti-trans “papers to pee” bill prohibiting transgender students from using the restroom consistent with their gender identity was thought dead, but has been given new life. In the House, a committee that rejected the measure is set to reconsider the bill on Tuesday, and in the Senate, a committee this week approved the measure, clearing the way for a floor vote in that chamber.

In Mississippi, a Senate committee on Wednesday approved HB 1523, a bill that would expand the “religious freedom” law signed by Gov. Phil Bryant and enable businesses and state employees to discriminate against LGBT people. Under a deadline to take action by Wednesday, the full Senate may soon vote on it.

In the aftermath of losses this week and potential enactment of anti-LGBT laws in other states, LGBT advocates are saying it’s time for a reassessment of the movement, particularly in a way to ensure transgender people aren’t targeted by discriminatory measures.

Richard Socarides, a New York-based gay Democratic activist and former adviser to President Clinton on gay rights, said losses in North Carolina and Kansas demonstrate LGBT rights supporters need to build efforts at the state level.

“It becomes more clear every day that these state-by-state efforts to rob us of our hard won victories must be the new focus of our efforts,” Socarides said. “We must all focus on trying to defeat them and where we can’t, making sure the haters pay a price, whether at the ballot box or through working with business and community groups to send a message. As a community we need to re-organize, recommit, and redouble our efforts. Certainly whatever pause there may have been since the Supreme Court’s marriage decision must end.”

In an op-ed published on Medium, HRC’s Griffin articulated his vision for the way forward, saying victory isn’t always assured.

“Sadly, we do not yet live in an era when these victories are inevitable,” Griffin said. “And while it would certainly be easier if we chose to fight only the winning battles, that is not why we do this work. We fight even when the climb appears steep and insurmountable.”

Griffin wrote the ultimate solution to defeats for LGBT rights at the state level is federal action, which would consist of passage of comprehensive LGBT non-discrimination legislation known as the Equality Act.

“But, until we build the bipartisan majority needed to pass the Equality Act in Congress and elect a president who will sign it into law, we must continue to fight these battles — in cities like Charlotte, in states like North Carolina and Georgia, and everywhere that LGBT people find their rights under siege by those who have cemented their feet on the wrong side of history,” Griffin wrote.

A key component of any reassessment will likely be messaging on transgender rights and allowing transgender people to use public restrooms consistent with their gender identity, which is considered the most contentious part of pro-LGBT non-discrimination measures and the driving force behind many of the anti-LGBT bills throughout the country.

Jillian Weiss, a transgender advocate and law professor at Ramapo College, said “reassessment is always a useful exercise” in the wake of losses like those in Kansas and North Carolina.

“There is also no question that efforts are being taken to address the problem in these states,” Weiss said. “However, the combination of victory blindness and failure to utilize and publicize the federal civil rights laws that already protect us have created fertile soil for the states’ rights backlash that we are now seeing.”

Weiss made the case LGBT advocates should immediately seek recourse in the federal court system, which has produced a growing number of victories in recent years in favor of LGBT rights.

“We ought to be in the federal courts of Kansas and North Carolina right now with top notch legal firms to fight these laws,” Weiss said. “Instead, we seem to be milling about in confusion. The truth is that the federal government, including the federal court system, is on our side right now. I myself have won a number of victories in very conservative courts on behalf of trans people in the last year. This should be known to all of our rights orgs. Why are we not taking advantage of this now?”

What makes North Carolina particularly troublesome for LGBT advocates is that it was passed in retaliation over the enactment of a pro-LGBT non-discrimination ordinance in Charlotte, sending the signal that efforts by cities in other conservative states to bar anti-LGBT discrimination may be overturned by state legislatures.

Rebecca Isaacs, executive director of the Equality Federation, said LGBT rights supporters should pressure North Carolina to make clear there will be consequences for states that seek to undermine the decisions of localities to protect LGBT rights.

“I think the thing we need to do is, number one, make it hard for them — as hard as we possibly can,” Issacs said. “Businesses need to come on board, people need to take their conferences out of there, people need to make it known that this is not the wave of the future, this is not the next best thing that our opponents should do. We want it to hurt.”

But Isaacs demurred when asked if an outright boycott is appropriate as a consequence of the enactment of the anti-LGBT law in North Carolina.

“What I think is really important in applying pressure, is that whatever it is, it is successful,” Isaacs said. “I’m very wary of specifically calling for boycotts unless they are really big, concerted efforts. But I think that if there is a groundswell of support, especially from business, the way it happened in other states as in Indiana and a lot of stuff happening in Georgia. I think it’s credible. And I think having businesses operate as a moderating force on this issue is going to be critical.”

In the event more states follow North Carolina and Kansas and pass anti-LGBT laws, some of the blame will be placed at the doorstep of the Human Rights Campaign, which continues to receive criticism for its perceived lack of national strategy to defeat such legislation.

Michael Petrelis, a gay San Francisco-based blogger and critic of the Human Rights Campaign, blamed the organization for allowing losses to occur as the organization advocates for electing Democratic presidential candidate Hillary Clinton.

“We’re suffering setbacks on the non-existent religious freedom crisis and hysteria over transgender people using restrooms from Indiana to Houston, South Dakota, Georgia, Tennessee, Kansas, Mississippi and other locales too depressing to think of, and HRC is putting too many resources into Hillary Clinton’s campaign,” Petrelis said.

Petrelis said the first step of any reassessment process is for Griffin and other leaders of the LGBT movement to show how they are spending their time and disclose their calendars since Jan. 1.

“How does Griffin organize his schedule and who is he meeting with?” Petrelis said. “Our official leaders, just as with electeds, must open their calendars regularly for public inspection.

Blade photo editor Michael Key contributed to this report.

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  1. old married lady

    March 25, 2016 at 10:07 pm

    Silly people. The best defense states have against lgbt civil rights legislation is to claim that lgbt people aren’t discriminated against. They don’t realize that these laws will give courts (which right-wing legislators and religionist groups hate) all the grounds they need to rule in favor of lgbt people as a suspect class, and -in need of civil rights protections. I love it when bigots blow themselves up with their own bombs.

    • Mark Cichewicz

      March 30, 2016 at 5:54 pm

      What you say makes a lot of since, but its a waste of time . I want this in my lifetime and at age 63 lam not getting younger. And the GOP knows 1st hand how to waste time and money.

  2. MPetrelis

    March 26, 2016 at 12:50 pm

    Thanks, Chris, for including my call for Chad Griffin to release his calendar. It’s one way learn how he schedules his work day on behalf of HRC and to hold him accountable. Release of calendars is a great transparency tool and we sure need more transparency at the HRC.

  3. Lady_Nhytefall

    March 26, 2016 at 2:50 pm

    Several years ago, I had the privilege of hearing (and I wish to the Divine I would have been smart enough to record it) a staff lawyer for GLAAD and the HRC tell a room of equality activists that “ENDA doesn’t matter, transgenders [sic] don’t matter, the only thing that matters is Gay Marriage. Once we have that, everything else will fall into place.” Yeah.

    Once upon a time, the HRC was relevant and useful to the Queer Community as a whole. That time is long past, especially as they have started endorsing actual Republicans with a 78% approval rate _on their own scale_ over a decorated disabled veteran with a 100% rating – all while claiming “it’s better to build plurality of ideology.”

    We, the Queer Community, need to make life just as difficult on the HRC as the HRC wants us to make it on these bigoted states. Bigots begat bigotry after all, and bigots should not be spared the fruits of their labor simply because they claim to be our friends.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise



Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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D.C. bill to ban LGBTQ panic defense delayed by Capitol security

Delivery of bill to Congress was held up due to protocols related to Jan. 6 riots



New fencing around the Capitol following the Jan. 6 insurrection prevented some D.C. bills from being delivered to the Hill for a required congressional review. (Blade file photo by Michael K. Lavers)

A bill approved unanimously last December by the D.C. Council to ban the so-called LGBTQ panic defense has been delayed from taking effect as a city law because the fence installed around the U.S. Capitol following the Jan. 6 insurrection prevented the law from being delivered to Congress.

According to Eric Salmi, communications director for D.C. Council member Charles Allen (D-Ward 6), who guided the bill through the Council’s legislative process, all bills approved by the Council and signed by the D.C. mayor must be hand-delivered to Congress for a required congressional review.

“What happened was when the Capitol fence went up after the January insurrection, it created an issue where we physically could not deliver laws to Congress per the congressional review period,” Salmi told the Washington Blade.

Among the bills that could not immediately be delivered to Congress was the Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, which was approved by the Council on a second and final vote on Dec. 15.

Between the time the bill was signed by Mayor Muriel Bowser and published in the D.C. Register under procedural requirements for all bills, it was not ready to be transmitted to Congress until Feb. 16, the Council’s legislative record for the bill shows.

Salmi said the impasse in delivering the bill to Congress due to the security fence prevented the bill from reaching Congress on that date and prevented the mandatory 60-day congressional review period for this bill from beginning at that time. He noted that most bills require a 30 legislative day review by Congress.

But the Evangelista-Hunter bill, named after a transgender woman and a gay man who died in violent attacks by perpetrators who attempted to use the trans and gay panic defense, includes a law enforcement related provision that under the city’s Home Rule Charter passed by Congress in the early 1970s requires a 60-day congressional review.

“There is a chance it goes into effect any day now, just given the timeline is close to being up,” Salmi said on Tuesday. “I don’t know the exact date it was delivered, but I do know the countdown is on,” said Salmi, who added, “I would expect any day now it should go into effect and there’s nothing stopping it other than an insurrection in January.”

If the delivery to Congress had not been delayed, the D.C. Council’s legislative office estimated the congressional review would have been completed by May 12.

A congressional source who spoke on condition of being identified only as a senior Democratic aide, said the holdup of D.C. bills because of the Capitol fence has been corrected.

“The House found an immediate workaround, when this issue first arose after the Jan. 6 insurrection,” the aide said.

“This is yet another reason why D.C. Council bills should not be subject to a congressional review period and why we need to grant D.C. statehood,” the aide said.

The aide added that while no disapproval resolution had been introduced in Congress to overturn the D.C. Evangelista-Hunter bill, House Democrats would have defeated such a resolution.

“House Democrats support D.C. home rule, statehood, and LGBTQ rights,” said the aide.

LGBTQ rights advocates have argued that a ban on using a gay or transgender panic defense in criminal trials is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s criminal act, including murder.

Some attorneys have argued that their clients “panicked” after discovering the person against whom they committed a violent crime was gay or transgender, prompting them to act in a way they believed to be a form of self-defense.

In addition to its provision banning the LGBTQ panic defense, the Evangelista-Hunter bill includes a separate provision that strengthens the city’s existing hate crimes law by clarifying that hatred need not be the sole motivating factor for an underlying crime such as assault, murder, or threats to be prosecuted as a hate crime.

LGBTQ supportive prosecutors have said the clarification was needed because it is often difficult to prove to a jury that hatred is the only motive behind a violent crime. The prosecutors noted that juries have found defendants not guilty of committing a hate crime on grounds that they believed other motives were involved in a particular crime after defense lawyers argued that the law required “hate” to be the only motive in order to find someone guilty of a hate crime.

Salmi noted that while the hate crime clarification and panic defense prohibition provisions of the Evangelista-Hunter bill will become law as soon as the congressional review is completed, yet another provision in the bill will not become law after the congressional review because there are insufficient funds in the D.C. budget to cover the costs of implementing the provision.

The provision gives the D.C. Office of Human Rights and the Office of the D.C. Attorney General authority to investigate hate related discrimination at places of public accommodation. Salmi said the provision expands protections against discrimination to include web-based retailers or online delivery services that are not physically located in D.C.

“That is subject to appropriations,” Salmi said. “And until it is funded in the upcoming budget it cannot be legally enforced.”

He said that at Council member Allen’s request, the Council added language to the bill that ensures that all other provisions of the legislation that do not require additional funding – including the ban on use of the LGBTQ panic defense and the provision clarifying that hatred doesn’t have to be the sole motive for a hate crime – will take effect as soon as the congressional approval process is completed.

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D.C. man charged with 2020 anti-gay death threat rearrested

Defendant implicated in three anti-LGBTQ incidents since 2011



shooting, DC Eagle, assault, hate crime, anti-gay attack, police discrimination, sex police, Sisson, gay news, Washington Blade

A D.C. man arrested in August 2020 for allegedly threatening to kill a gay man outside the victim’s apartment in the city’s Adams Morgan neighborhood and who was released while awaiting trial was arrested again two weeks ago for allegedly threatening to kill another man in an unrelated incident.

D.C. Superior Court records show that Jalal Malki, who was 37 at the time of his 2020 arrest on a charge of bias-related attempts to do bodily harm against the gay man, was charged on May 4, 2021 with unlawful entry, simple assault, threats to kidnap and injure a person, and attempted possession of a prohibited weapon against the owner of a vacant house at 4412 Georgia Ave., N.W.

Court charging documents state that Malki was allegedly staying at the house without permission as a squatter. An arrest affidavit filed in court by D.C. police says Malki allegedly threatened to kill the man who owns the house shortly after the man arrived at the house while Malki was inside.

According to the affidavit, Malki walked up to the owner of the house while the owner was sitting in his car after having called police and told him, “If you come back here, I’m going to kill you.” While making that threat Malki displayed what appeared to be a gun in his waistband, but which was later found to be a toy gun, the affidavit says.

Malki then walked back inside the house minutes before police arrived and arrested him. Court records show that similar to the court proceedings following his 2020 arrest for threatening the gay man, a judge in the latest case ordered Malki released while awaiting trial. In both cases, the judge ordered him to stay away from the two men he allegedly threatened to kill.

An arrest affidavit filed by D.C. police in the 2020 case states that Malki allegedly made the threats inside an apartment building where the victim lived on the 2300 block of Champlain Street, N.W. It says Malki was living in a nearby building but often visited the building where the victim lived.

“Victim 1 continued to state during an interview that it was not the first time that Defendant 1 had made threats to him, but this time Defendant 1 stated that if he caught him outside, he would ‘fucking kill him.’” the affidavit says. It quotes the victim as saying during this time Malki repeatedly called the victim a “fucking faggot.”

The affidavit, prepared by the arresting officers, says that after the officers arrested Malki and were leading him to a police transport vehicle to be booked for the arrest, he expressed an “excited utterance” that he was “in disbelief that officers sided with the ‘fucking faggot.’”

Court records show that Malki is scheduled to appear in court on June 4 for a status hearing for both the 2020 arrest and the arrest two weeks ago for allegedly threatening to kill the owner of the house in which police say he was illegally squatting.

Superior Court records show that Malki had been arrested three times between 2011 and 2015 in cases unrelated to the 2021 and 2020 cases for allegedly also making threats of violence against people. Two of the cases appear to be LGBTQ related, but prosecutors with the U.S. Attorney’s Office did not list the cases as hate crimes.

In the first of the three cases, filed in July 2011, Malki allegedly shoved a man inside Dupont Circle and threatened to kill him after asking the man why he was wearing a purple shirt.

“Victim 1 believes the assault occurred because Suspect 1 believes Victim 1 is a homosexual,” the police arrest affidavit says.

Court records show prosecutors charged Malki with simple assault and threats to do bodily harm in the case. But the court records show that on Sept. 13, 2011, D.C. Superior Court Judge Stephen F. Eilperin found Malki not guilty on both charges following a non-jury trial.

The online court records do not state why the judge rendered a not guilty verdict. With the courthouse currently closed to the public and the press due to COVID-related restrictions, the Washington Blade couldn’t immediately obtain the records to determine the judge’s reason for the verdict.

In the second case, court records show Malki was arrested by D.C. police outside the Townhouse Tavern bar and restaurant at 1637 R St., N.W. on Nov. 7, 2012 for allegedly threatening one or more people with a knife after employees ordered Malki to leave the establishment for “disorderly behavior.”

At the time, the Townhouse Tavern was located next door to the gay nightclub Cobalt, which before going out of business two years ago, was located at the corner of 17th and R Streets, N.W.

The police arrest affidavit in the case says Malki allegedly pointed a knife in a threatening way at two of the tavern’s employees who blocked his path when he attempted to re-enter the tavern. The affidavit says he was initially charged by D.C. police with assault with a dangerous weapon – knife. Court records, however, show that prosecutors with the U.S. Attorney’s Office lowered the charges to two counts of simple assault. The records show that on Jan. 15, 2013, Malki pleaded guilty to the two charges as part of a plea bargain arrangement.

The records show that Judge Marissa Demeo on that same day issued a sentence of 30 days for each of the two charges but suspended all 30 days for both counts. She then sentenced Malki to one year of supervised probation for both charges and ordered that he undergo alcohol and drug testing and undergo treatment if appropriate.

In the third case prior to the 2020 and 2021 cases, court records show Malki was arrested outside the Cobalt gay nightclub on March 14, 2015 on multiple counts of simple assault, attempted assault with a dangerous weapon – knife, possession of a prohibited weapon – knife, and unlawful entry.

The arrest affidavit says an altercation started on the sidewalk outside the bar when for unknown reasons, Malki grabbed a female customer who was outside smoking and attempted to pull her toward him. When her female friend came to her aid, Malki allegedly got “aggressive” by threatening the woman and “removed what appeared to be a knife from an unknown location” and pointed it at the woman’s friend in a threatening way, the affidavit says.

It says a Cobalt employee minutes later ordered Malki to leave the area and he appeared to do so. But others noticed that he walked toward another entrance door to Cobalt and attempted to enter the establishment knowing he had been ordered not to return because of previous problems with his behavior, the affidavit says. When he attempted to push away another employee to force his way into Cobalt, Malki fell to the ground during a scuffle and other employees held him on the ground while someone else called D.C. police.

Court records show that similar to all of Malki’s arrests, a judge released him while awaiting trial and ordered him to stay away from Cobalt and all of those he was charged with threatening and assaulting.

The records show that on Sept. 18, 2015, Malki agreed to a plea bargain offer by prosecutors in which all except two of the charges – attempted possession of a prohibited weapon and simple assault – were dropped. Judge Alfred S. Irving Jr. on Oct. 2, 2015 sentenced Malki to 60 days of incarnation for each of the two charges but suspended all but five days, which he allowed Malki to serve on weekends, the court records show.

The judge ordered that the two five-day jail terms could be served concurrently, meaning just five days total would be served, according to court records. The records also show that Judge Irving sentenced Malki to one year of supervised probation for each of the two counts and ordered that he enter an alcohol treatment program and stay away from Cobalt.

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