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Referendum to end D.C. tipped wage system delayed by lawsuit

Move reignites controversy for city’s service workers

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hate crime, gay news, Washington Blade
Referendum 8, gay news, Washington Blade

A D.C. bartender filed a lawsuit challenging the legality of Referendum 8.

A proposed voter referendum to overturn the D.C. City Council’s decision to repeal Initiative 77 that voters approved in June to end the city’s tipped wage system was placed on hold Monday when a D.C. bartender filed a lawsuit challenging the legality of the referendum.

The lawsuit reignited the heated controversy from earlier this year that pitted the majority of the city’s tipped workers at bars and restaurants against a New York-based labor group that organized Initiative 77. The group ROC United said the initiative was needed because the tipped wage system resulted in lower wages for tipped workers and promoted sexual harassment against female tipped workers.

The tipped workers who opposed the initiative argued that the current system, in which they receive a lower wage from their employer but make overall substantially higher earnings through tips, works well for them and would be jeopardized if the tipped wage system were eliminated.

The bartender who filed the lawsuit on Monday, Valerie Graham, states in the lawsuit that the referendum’s summary statement, which had been approved by the D.C. Board of Elections on Nov. 9, includes what she says was the same misleading wording as that of Initiative 77.

The lawsuit was written by the law firm that represents the leading opponents of Initiative 77, of which Graham says she is a part.  Among other things it says the proposed referendum’s summary statement would mislead voters by claiming Initiative 77 “gradually increases the minimum wage for tipped employees from the current wage ($3.89/hour), to the same minimum wage as non-tipped employees by 2026.”

The lawsuit points out that tipped workers already receive the equivalent of the full minimum wage that non-tipped workers receive because under existing D.C. law employers of tipped workers are required to pay the difference if their employees’ tips fall short of the full minimum wage.

Supporters of what the Board of Elections has named Referendum 8 denounced the lawsuit as yet another ploy to deny the will of the city’s voters who approved Initiative 77 by a 56 percent margin.

They note that the timing of the lawsuit places a temporary hold on the Board of Election’s release of petitions that supporters must circulate to collect approximately 25,000 signatures needed to place the referendum on the ballot.

Under the city’s election law signatures for a referendum seeking to overturn a law passed by the City Council must be obtained between the time the bill calling for the law is passed and the time it becomes law. The election board has interpreted that to be the 30 “legislative” days that Congress takes to review all laws passed by the city.

Congress is expected to complete its review of the Council’s bill to repeal Initiative 77 by Dec. 13. Thus, if supporters of Referendum 8 are unable to complete the signature gathering process by that date, the referendum would be killed.

The restaurant industry filed its lawsuit “at the eleventh hour,” a spokesperson for Referendum 8 said in a statement. “It’s their latest effort to thwart the democratic process. We will fight this delaying tactic in court, and we will prevail in the end,” said the spokesperson, Rev. Graylan Hagler, pastor of D.C.’s Plymouth United Church of Christ.

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Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.

Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.

Pendarvis, a longtime voice in the LGBTQ community in D.C. will be moderating a panel at Dupont Underground on Sunday. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin. 

Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.

Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”

The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.

Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.

The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.

The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.

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District of Columbia

U.S. Attorney’s Office drops hate crime charge in anti-gay assault

Case remains under investigation and ‘further charges’ could come

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(Photo by chalabala/Bigstock)

D.C. police announced on Feb. 9 that they had arrested two days earlier on Feb. 7 a Germantown, Md., man on a charge of simple assault with a hate crime designation after the man allegedly assaulted a gay man at 14th and Q Streets, N.W., while using “homophobic slurs.”

But D.C. Superior Court records show that prosecutors with the Office of the U.S. Attorney for D.C., which prosecutes D.C. violent crime cases, charged the arrested man only with simple assault without a hate crime designation.

In response to a request by the Washington Blade for the reason why the hate crime designation was dropped, a spokesperson for the U.S. Attorney’s office provided this response: “We continue to investigate this matter and make no mistake: should the evidence call for further charges, we will not hesitate to charge them.” 

In a statement announcing the arrest in this case, D.C. police stated, “On Saturday, February 7, 2026, at approximately 7:45 p.m. the victim and suspect were in the 1500 block of 14th Street, Northwest. The suspect requested a ‘high five’ from the victim. The victim declined and continued walking,” the statement says.

“The suspect assaulted the victim and used homophobic slurs,” the police statement continues. “The suspect was apprehended by responding officers.”

It adds that 26-year-old Dean Edmundson of Germantown, Md. “was arrested and charged with Simple Assault (Hate/Bias).” The statement also adds, “A designation as a hate crime by MPD does not mean that prosecutors will prosecute it as a hate crime.”

Under D.C.’s Bias Related Crime Act of 1989, penalties for crimes motivated by prejudice against individuals based on race, religion, sexual orientation, gender identity, disability, and homelessness can be enhanced by a court upon conviction by one and a half times greater than the penalty of the underlying crime.

Prosecutors in the past both in D.C. and other states have said they sometimes decide not to include a hate crime designation in assault cases if they don’t think the evidence is sufficient to obtain a conviction by a jury. In some instances, prosecutors have said they were concerned that a skeptical jury might decide to find a defendant not guilty of the underlying assault charge if they did not believe a motive of hate was involved.

A more detailed arrest affidavit filed by D.C. police in Superior Court appears to support the charge of a hate crime designation.

“The victim stated that they refused to High-Five Defendant Edmondson, which, upon that happening, Defendant Edmondson started walking behind both the victim and witness, calling the victim, “bald, ugly, and gay,” the arrest affidavit states.

“The victim stated that upon being called that, Defendant Edmundson pushed the victim with both hands, shoving them, causing the victim to feel the force of the push,” the affidavit continues. “The victim stated that they felt offended and that they were also gay,” it says.

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District of Columbia

Capital Pride wins anti-stalking order against local activist

Darren Pasha claims action is linked to his criticism of Pride organizers

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Darren Pasha was ordered to stay 100 feet away from Capital Pride officials. (Blade file photo by Michael Key)

A D.C. Superior Court judge on Feb. 6 partially approved an anti-stalking order against a local LGBTQ activist requested last October by the Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events.

The ruling by Judge Robert D. Okun requires former Capital Pride volunteer Darren Pasha to stay at least 100 feet away from Capital Pride’s staff, board members, and volunteers until the time of a follow up court hearing he scheduled for April 17.

In  his ruling at the Feb. 6 hearing, which was virtual rather than held in-person at the courthouse, Okun said he had changed the distance that Capital Pride had requested for the stay-away, anti-stalking order from 200 yards to 100 feet. The court records show that the judge also denied a motion filed earlier by Pasha, who did not attend the hearing, to “quash” the Capital Pride civil case against him.   

Pasha told the Washington Blade he suffered an injury and damaged his mobile phone by falling off his scooter on the city’s snow-covered streets that prevented him from calling in to join the Feb. 6 court hearing.

In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him by Capital Pride, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing.

The Capital Pride complaint initially filed in court on Oct. 27, 2025, includes an 18-page legal brief outlining its allegations against Pasha and an additional 167-page addendum of “supporting exhibits” that includes multiple statements by witnesses whose names are blacked out. 

“Over the past year, Defendant Darren Pasha (“DSP”) has engaged in a sustained, and escalating course of conduct directed at CPA, including repeated and unwanted contact, harassment, intimidation, threats, manipulation, and coercive behavior targeting CPA staff, board members, volunteers, and affiliates,” the Capital Pride complaint states.

In his initial 16-page response to the complaint, Pasha says the Capital Pride complaint appears to be a form of retaliation against him for a dispute he has had with the organization and its then president, Ashley Smith, last year.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” he said of the complaint.

Smith, who has since resigned from his role as board president, did not respond to a request by the Blade for comment at the time the Capital Pride court complaint was filed against Pasha. 

Capital Pride Executive Director Ryan Bos and the attorney representing the group in its legal action against Pasha, Nick Harrison, did not immediately respond to a Blade request for comment on the judge’s Feb. 6 ruling.

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