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Dogs teach D.C. Council, city regulators a new trick

Restaurant and bar owners can decide to allow dogs on outdoor space

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pets, gay news, Washington Blade
pets, gay news, Washington Blade, dogs

The D.C. Council last week said restaurants and cafes can decide whether dogs are allowed in their outdoor spaces

It wasn’t so much the speed by which the D.C. Council last week favorably dispatched the issue of business owners deciding whether to allow customers to be accompanied by dogs on unenclosed sidewalk cafés and outdoor patios at bars and restaurants.

It was that city legislators – and you might want to be seated for this if unaware – voted to allow the marketplace to function unfettered by letting local venues, typically neighborhood-centric establishments, determine their policy based on proprietor preference and patron receptivity.

The Council acted quickly and, notably, without requiring yet another licensing application, approval process, public comment period, agency permit or business fees.

Most important, they did so without creating the regulatory hurdle of granting advisory neighborhood commissions, citizens associations and small ad-hoc groups of individuals to intervene by licensing protest to extract special restrictions or create a resulting competitive disadvantage among businesses that plague local hospitality operators through other existing permit protocols.

Sudden forays by the D.C. Department of Health, without advisory notification of an essentially unknown and previously unenforced rule, resulted in the agency ordering dining and drinking establishments welcoming dogs on outdoor space to immediately cease the practice. This provoked rapid Council response.

The enforcement action quickly proved to be an extremely unpopular blunder that generated howls of protest by business operators, canine owners and even those without a dog in the fight.

It took only a handful of days after agency inspectors initiated the crackdown for D.C. Council member Vincent Gray, joined by Brianne Nadeau, Charles Allen, and Brandon Todd, to introduce an “emergency” bill to expedite the policy change and accelerate its taking effect.

Announcement of the Council resolution and permanent legislation came with a clear admonition: “Unbelievably, the Department of Health’s limited time and resources are being marshaled to wage [a] War on Pets [and the] agency seems unable to properly prioritize life or death health care challenges over matters of far lesser concern.” Enterprise owners of all types, long weary of regulatory mandates by a government deficient in managing its own business operations, barked their approval.

The legislation, entitled “Dining with Dogs,” was unanimously approved. Passage prompted immediate indication by Mayor Muriel Bowser that she would sign the bill. The health department was directed to cease enforcement of the obscure prohibition.

In essence, dogs taught D.C. Council members and city regulators an important new trick – that a commonsense approach providing for business freedom of choice is bow-wow best.

Simple and sensible provisions include only that a sign be posted by venues choosing to allow dogs indicating they are welcome on outdoor spaces with an exterior entrance not requiring passage through an interior area, permit businesses to restrict types of dogs based on breed, size, or temperament, and that patrons keep their dogs in a carrier or on a leash at all times. Dogs are not allowed inside venues or in food preparation areas.

Quite the concept in a jurisdiction notorious for a bone-headed tendency to over-regulate community businesses and force them into the proverbial dog house of red tape and restriction.

It was a welcomed stance by District regulate-as-reflex elected officials and rule-makers known more for instituting layers of bureaucracy for both commerce and consumers – and, in this instance, canines.

It is not likely that legalizing the option to allow dogs on outdoor space will significantly increase the number of bars and restaurants adopting the policy. A sizable percentage of customers prefer dog-free environments. It is why most venues do not allow dogs on open-air sidewalk cafés or outdoor patios, or limited to certain days or during designated times on their event schedule.

What the Council’s action does do, however, is allow bar and restaurant owners the freedom to make an independent decision best suiting their business model while accommodating market demand and available commercial opportunity.

The D.C. Council and the city government should yap like that more often.

 

Mark Lee is a long-time entrepreneur and community business advocate. Follow on Twitter: @MarkLeeDC. Reach him at [email protected].

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1 Comment

  1. lnm3921

    October 16, 2017 at 7:28 pm

    The dogs might be cute but anything Mark Lee is foaming at the mouth!

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‘Don’t Ask, Don’t Tell’ clouds Powell’s legacy

A final act of redemption

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Former Secretary of State Colin Powell (Photo by Susan Montgomery via Bigstock)

The legacy of General Colin Powell is complicated for those in the LGBTQ community. On the one hand, we celebrate that Powell was the first African-American chairman of the Joint Chiefs of Staff and Secretary of State. On the other, he is also the person who disobeyed the strategic choice of his Commander in Chief, Bill Clinton, on gays in the military. 

Powell stood on the steps of the Pentagon reporting how many calls had been received opposing lifting the ban. He testified before the Senate Armed Services Committee that the service of openly gay troops would harm unit cohesion. He argued that race was a “benign characteristic” and being gay was not. Congress codified into statute what had been a regulatory ban on gays in the military, making the law that much harder to change. Almost 14,000 lesbian, gay and bisexual service members were dismissed under “Don’t Ask, Don’t Tell,” a rate of two-four service members every day. Some were subjects of witch hunts. Others faced criminal charges. Many endured harassment, assault and threats. Private First Class Barry Winchell was murdered.

Michelle Benecke and I knew when we founded Servicemembers Legal Defense Network that for “Don’t Ask, Don’t Tell” to be repealed, we would have to either win the support or neutralize the opposition of Powell, one of the previously undisclosed strategies described in my new book, “Mission Possible.” Michelle and I first met him at the Arlington, Va., headquarters of America’s Promise. We offered to brief him on the ban’s implementation as he was being asked on the Sunday shows about the law’s efficacy. He agreed to see us.

The question was whether we could find common ground on which to build a new consensus. My theory was that Powell genuinely believed that “Don’t Ask, Don’t Tell” was a better policy than the one before it. After all, he had testified before the Senate, “We will not ask, we will not witch-hunt, we will not seek to learn orientation.” 

“General Powell,” I said, “we have received nearly a thousand calls from service members who have been impacted by ‘Don’t Ask, Don’t Tell.’ We have documented that most are being asked point blank about their sexual orientation in contravention of ‘Don’t Ask.’” 

“That’s not supposed to happen,” he said.

That was our first conversation. We might have been able to better enforce some of the meager gains under “Don’t Ask, Don’t Tell” if we had been able to prevail upon Powell to help us, but he wasn’t ready. 

In 2003, he told Teen Ink magazine that while discrimination is wrong, “I think it’s a different matter with respect to the military, because you’re essentially told who you’re going to live with, who you’re going to sleep next to.”

Four years later, he called me, prompted by an opinion essay in The New York Times that I had sent him. “Second Thoughts on Gays in the Military”—written by retired Army General John Shalikashvili, Powell’s successor as chairman of the Joint Chiefs—called for repeal of “Don’t Ask, Don’t Tell.” Powell and I spoke for 45 minutes. “I agree with General Shalikashvili that America has changed and is ready for gays to serve openly,” he said. My heart leapt. “I am not convinced, however, that military commanders are ready for that change.” My heart sunk.

It was clear to me, though, that he was moving in the right direction.  I put it on the line. “Sir, you will be a critical voice on ‘Don’t Ask, Don’t Tell’ when it comes up for debate again. I need you to support repeal if we are going to win. Do you know that?”

“Yes,” he said.

Finally, on Feb. 5, 2010, 10 months before final repeal of “Don’t Ask, Don’t Tell,” and days after Admiral Mike Mullen had testified before the Senate that he supported repeal of “Don’t Ask, Don’t Tell,” Powell released a statement. “If the chiefs and commanders are comfortable with moving to change the policy, then I support it. Attitudes and circumstances have changed. Society is reflected in the military. It’s where we get our soldiers from.” The stage was set for final repeal.

We too often look for heroes and villains when the record can be complicated. Powell deserves opprobrium for defying Clinton, rallying opposition, and allowing 60,000 troops under his command to suffer the indignity of “Don’t Ask, Don’t Tell.” He deserves credit, though, for changing his mind. I admired his willingness to speak with me over nearly two decades. I find that the best leaders engage in a lifelong process of learning and challenging assumptions. Powell will receive deserved accolades for his service to our nation, but for us, his legacy includes a profound betrayal with a final act of redemption.

C. Dixon Osburn is author of ‘Mission Possible: The Story of Repealing ‘Don’t Ask, Don’t Tell.’’

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‘Don’t Ask, Don’t Tell’ repeal serves as a guide for enacting equality legislation

Equality Act supporters should take cues from Senate moderates

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Equality legislation is close to passing in Congress, but close isn’t good enough. “Close” won’t change anything for the LGBTQ Americans who face discrimination every day. Senate Democrats and Republicans must make a push to negotiate. With a reach on both sides to find common ground, we can move equality legislation from “close” to “done deal.”

Some Democrats are waiting for the filibuster to end—despite clear evidence that they lack the votes to end it. Some Republicans are practicing a tried-and-true brand of obstructionism. To break this deadlock, we should look to the successful, bipartisan repeal of “Don’t Ask, Don’t Tell” (DADT) as a guide.

The DADT repeal is the single reference point for LGBTQ advocates for overcoming the Senate filibuster. Other victories have been in the courts; notably, the Supreme Court’s 2015 Obergefell decision that made gay marriage legal nationwide.

Before Obergefell, advocates had success in the state legislatures. I worked on campaigns for the freedom to marry in Minnesota, New Hampshire, New York and elsewhere, finding common ground between Democrats and Republicans who thought it was impossible to negotiate on marriage. Eventually, enough people from both parties came together to pass marriage laws in a majority of states.

Working together at the state level is one thing. Congress is another.

Despite Democrats’ control of the White House, Senate and House, negotiations are failing at the federal level. So, we lets look to ancient history—the 2010 repeal of DADT—for guidance on reaching 60 votes in the Senate.

The most important lesson from the DADT repeal is that Senate moderates must champion the cause and lead negotiations. The more partisan figures on both sides need to step back. Overcoming the filibuster is a job for moderates, not ideologues.

As it happens, the hero of the DADT repeal is still a senator and can help. Republican Sen. Susan Collins of Maine led the negotiations on DADT repeal.

Senator Collins supports the Equality Act in principle and even sponsored a version of the bill in past. However, the current version is too extreme for Sen. Collins, as a result, she has withdrawn as a co-sponsor. The current bill has also foundered with Sen. Lisa Murkowski, another important figure in the repeal of DADT.

The fact that moderate, pro-LGBTQ senators are unable to back the current version of the Equality Act should send a clear message to Democrats that we need to make reasonable changes to the bill. So far, the message is being ignored.

On the Democratic side, independent Sen. Joe Lieberman was essential to the repeal of DADT. There certainly were passionate, liberal Democrats who could have asserted themselves during the debate. But then, the bill would have taken longer to pass, or even might have failed.

The lesson is clear. Listen to the moderates. Let them lead this charge.

Another important lesson from the repeal of DADT is to be flexible in the legislative strategy. DADT repeal was originally an amendment to a large defense authorization bill. Rather than give up, Collins and Lieberman fought and saved DADT repeal from defeat by pulling out key provisions they knew could pass on their own and making them a standalone measure. Repeal passed with bipartisan support.

The current version of the Equality Act tries to do too much. That’s why it can’t win support from moderate Republicans who have legitimate concerns the bill might suppress free speech or shut down religious charities.  

Over 60 senators can agree on the basic premise of the Equality Act. They would gladly vote to prohibit discrimination against LGBTQ Americans in employment, housing, and public accommodations, so long as the law didn’t intrude on the First Amendment.

If the far left believes that our country has too much religious liberty, they can deal with that in future legislation. But so long as we have a filibuster—and, there’s no indication it will end any time soon—the Equality Act needs to reflect our society’s current views on religious liberty.  

The DADT repeal passed with 65 votes in the Senate, overcoming the filibuster. Let’s replicate that victory by using the same playbook. Moderates: Take the lead.

Tyler Deaton is the senior advisor to the American Unity Fund, a conservative nonprofit organization working to advance LGBTQ freedom and religious freedom

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LGBTQ people are being hunted down in Afghanistan

Homosexuality punishable by death under Taliban Sharia law interpretation

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Two men in Kabul, Afghanistan, in July 2021 (Photo courtesy of Dr. Ahmad Qais Munzahim)

Kabul was known as one of the few “liberal” cities in Afghanistan. The word liberal is in quotation marks, and inflected, because it is liberal compared to the rest of the country. Now that the Taliban has taken over, most people who expressed themselves differently and openly are forced to adhere to Sharia law, completely change their ways, hide their identity, or be killed.

The U.S. State Department reported in 2020 that even before the Taliban took power in August, LGBTQ people in Afghanistan faced “discrimination, assault and rape” and “homosexuality was widely seen as taboo and indecent.” Laws against lesbian, gay and transgender people made their existence illegal and punishable by up to two years in jail. Those laws were not always enforced, but they did leave LGBTQ people at risk of extortion and abuse by authorities, as reported by the U.K. government.

Even with the discrimination and abuse, LGBTQ people still had a sliver of space in society. Nemat Sadat, an LGBTQ Afghan author living in the United States said that gay, lesbian and transgender people helped the country’s cultural life develop since the Taliban’s last rule 20 years ago. But, most of these people built their lives quietly.

Now with the Taliban regime, their sliver of space in society is gone, there is no room to live quietly as an openly LGBTQ person. Under the Taliban’s interpretation of Sharia law, homosexuality is punished by death.

In an interview with Reuters, Waheedullah Hashimi, a top decision maker for the Taliban said, “there will be no democratic system at all because it does not have a base in our country,” and continued to say, “what type of political system should we apply in Afghanistan is clear. It is sharia law and that is it.”

One source spoke to a 20-year-old university student who is lesbian in Afghanistan. Her family accepted her as a lesbian, but now the new Taliban leadership has put the lives of all of her family at risk. There is a new surge of violence against any lesbian, gay and transgender people. This includes anyone speculated of being lesbian, gay, or trans, and those who support them.

This young lesbian woman has gone into hiding. She is part of hundreds of LGBTQ people in Afghanistan who are pleading with advocates and organizations outside Afghanistan for help to escape the Taliban tyranny.

Nemat Sadat shares stories of lesbian, gay and trans people in hiding. He shared a story of a gay man who watched from his hiding place in the ceiling as Taliban fighters beat the friend who refused to disclose his location.  

LGBTQ people in Afghanistan fear the risk of being arrested, beaten and killed. The Taliban made it clear that it is enforcing its strict religious laws against Afghanistan’s LGBTQ citizens. In an interview with Germany’s Bild newspaper, one Taliban judge said there were only two punishments for homosexuality: “stoning or being crushed under a wall.”

LGBTQ people in Afghanistan are reporting that their friends, partners and members of their community are being attacked and raped. They also stated that Islamic fundamentalists and riotous groups are encouraged by the new tyranny and are on the hunt for LGBTQ people.

Another source shared that a gay man was targeted for his sexuality and then raped by his male attackers. That is a terrible paradox. He was raped by his male attackers, who criminalizing him for having same sex relations.

LGBTQ people are in hiding, desperately trying to get out of the country, and trying to erase any proof of their queer identity.

They feel abandoned by the international LGBTQ community. The Taliban is proving that the Western nations have normalized relations to their government. The Taliban and their supporters see this a proof of their victory. This leaves LGBTQ people defeated and fearing torture and death.

The U.S. government and other Western countries evacuated many people out of Afghanistan, including journalists, women’s rights activists and those who worked with foreigners. But, LGBTQ activists said that nothing has been done for them. A source says about her situation, “we will definitely be killed. We are asking to be evacuated immediately from Afghanistan.” To date, no safe route has been found.

Even underground measures to help LGBTQ people are challenging and near impossible. The Rainbow Railroad is a non-governmental organization helping LGBTQ people around the world escape persecution. Executive Director Kimahli Powell said evacuating LGBTQ people from Afghanistan is especially hard as they are often alone, in hiding, and unable to contact each other. If routes to get them out is nearly impossible, that still means those routes are somewhat possible. As difficult as it may be, we must find pathways to save these people and get them out.

The Taliban regime has established itself, knowing with certainty that the world will stand aside, albeit condemning and protesting, but not intervening. This is empowering jihadists across the world, especially in the Middle East. The Taliban has many allies and admirers, including the Palestinian Islamic Jihad (PIJ) and Hamas. 

The leader of Hamas, Ismail Haniyeh, travelled from Palestinian territories to meet with Taliban leaders in Qatar. The Palestinian Islamic Jihad has a history of ties to the Taliban, even with radicals joining each other’s organizations. Very public statements of congratulations were made between leaders of the Taliban, Hamas, and Palestinian Islamic Jihad, and all with full Iranian support.

The increase in brazen forcefulness of these groups reaches beyond Afghanistan, and spreads to the lands dominated by other similar groups. This causes an escalation of the threats to anyone who opposes Sharia law or who lives differently than what Sharia law allows. LGBTQ people in these lands are in peril. 

If we do not help LGBTQ people in Afghanistan, the lives of LGBTQ people under other similar tyrannies face increased uncertainty and danger.

Since posting this video, I have been receiving direct messages from LGBTQ people in hiding in Afghanistan, and those who are seeking to be evacuated. They all share harrowing experiences of being attacked, raped, and threatened by Taliban, Islamic State and bullying groups.

Yuval David is an innovative actor, host and filmmaker with a creative mantra to entertain, uplift and inspire. He is a captivating performer and compelling storyteller who uses his platform for sharing narratives that affect social change, specifically on behalf of highly respected U.S. and international organizations that raise awareness for the marginalized and under-represented, inspired by his LGBTQ+ and Jewish identity, and his Israeli-American roots.

He can be reached through social media

YouTube.com/YuvalDavid

Instagram.com/Yuval_David_

Facebook.com/YuvalDavid

Twitter.com/YuvalDavid

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