No. 10: Many LGBT tipped workers join effort to oppose Initiative 77
A large number of LGBT servers, bartenders, and other tipped workers joined the restaurant industry’s campaign in the spring of 2018 to oppose a D.C. ballot initiative calling for ending the city’s tipped wage system.
The system, which is part of the city’s labor law, allows restaurants and other hospitality industry businesses to pay employees a lower minimum wage than that offered to non-tipped workers as long as tipped workers earn the equivalent of the full minimum wage through their tips. If the tips fall short of that the businesses are required to pay the difference.
D.C. voters in June approved the initiative, but the D.C. Council a short time later voted to overturn the measure under its legal authority to do so. Supporters of the initiative quickly organized a new ballot measure in the form of a referendum to “repeal” the Council repeal of Initiative 77.
In yet another twist and turn over the Initiative 77 battle, the restaurant industry association filed a lawsuit that resulted in a D.C. Superior Court judge in December halting the referendum on grounds that the D.C. Board of Elections failed to give sufficient public notice of a hearing in which the wording of the referendum was approved. Supporters of the initiative said they planned to appeal the judge’s ruling.
No. 9: Major changes to D.C.’s nightlife scene
The closing of the popular D.C. gay dance club Town due to displacement by real estate development and the opening of a new dual gay sports bar Pitchers and its adjacent lesbian bar League of Her Own were among a number of changes in the D.C. and Baltimore area LGBT nightlife scenes in 2018.
Other changes included the sale of the buildings in which two D.C. gay bars have operated for many years – Bachelor’s Mill on 8th Street, S.E., near the Washington Navy Yard; and Cobalt at 17th and R streets, N.W. Both clubs have continued to operate as usual, but Bachelor’s Mill’s owner has declined to say whether the new owner plans to allow the club to remain in its building indefinitely.
Cobalt owner Eric Little has said Cobalt’s current lease lasts until 2021 and that he is uncertain what might happen after the lease runs out.
The start of 2018, just after New Year’s Day, marked the end of a two-year run of a Sunday night gay male strip club venue on Georgia Avenue, N.W. created by gay former D.C. Council member Jim Graham in partnership with the owner of The House, which hosted Graham’s Sunday night venue called Rock Hard. On all other nights The House continued its regular venue of female strippers for a straight clientele.
When Graham died suddenly in June 2017 from complications associated with an intestinal infection The House owner said he planned to continue the Sunday night Rock Hard venue. But regular customers said that without Graham’s guidance the clientele dropped off and owner Daryl Allen decided to discontinue the event in January.
Ownership and management changes saw the Baltimore Eagle close, though the owner has said the club will reopen. The Baltimore gay club Grand Central was sold in fall of 2018, with the new owner saying the club will remain ‘gay’ for the time being. In Rehoboth Beach, the Double L gay bar also changed ownership and reopened as Diego’s Hideaway.
No. 8: CAMP Rehoboth leader Steve Elkins dies at 67
LGBT people and their supporters who frequent the popular resort town of Rehoboth Beach, Del., in March mourned the loss of Steve Elkins, the co-founder and executive director of CAMP Rehoboth, an LGBT community services center.
Elkins, a widely recognized advocate for LGBT rights since the 1980s, died March 15 following a battle with lymphoma. He was 67.
“For over 25 years as its Executive Director, Steve’s leadership and vision has allowed CAMP Rehoboth to become one of the most respected and successful non-profit organizations in Delaware and has contributed greatly to establishing Rehoboth as a widely recognized community with ‘room for all,’” the organization stated on its Facebook page.
“As he did throughout his life, fighting for the rights of so many in this state, he fought lymphoma with courage and dignity until the very end,” the statement said.
Elkins’ passing followed an announcement made one month earlier in what became his last column in the Rehoboth magazine Letters From CAMP Rehoboth, in which he said he was taking a medical leave of absence and that his husband and life partner of 39 years, Murray Archibald, would serve as the organization’s interim executive director.
Archibald, who co-founded CAMP Rehoboth with Elkins, has since been named Elkins’ successor as the organization’s executive director.
“The evolution of Rehoboth Beach from a city where homophobia reared its evil head too frequently to a city that is truly accepting to all is largely the work of Steve Elkins,” said Delaware LGBT rights advocate and former Sussex County Democratic Party Chair Mitch Crane.
No. 7: Mayor Bowser ‘takes over’ high heel race
D.C. Mayor Muriel Bowser made official in mid-October what LGBT activists have said has been a developing trend during the past several years – that the D.C. government directed by the mayor’s office would be the official sponsor and organizer of the city’s 32nd Annual 17th Street High Heel Race.
For years the event has been one of the city’s most popular Halloween events, with thousands of people lining the street to watch as many as 100 drag queens racing down the street wearing a required pair of high heel shoes.
“The mayor was really excited about this when we talked about it a year ago because this shows her support of the LGBTQ community and its diversity,” said Sheila Alexander-Reid, director of the Mayor’s Office of LGBTQ Affairs.
“And I think this is going to go a long way toward making sure this event last and continue,” Alexander-Reid said. “I know Mayor Bowser loves this event and I know she’s proud to present it.”
The event took place Tuesday night, Oct. 30, with Bowser giving the official signal to start the race.
No. 6: Four gay men, one trans woman murdered in D.C.-Baltimore
Two gay men in D.C., a gay man in Beltsville, Md., a gay man in Baltimore, and a transgender woman in Baltimore were victims of murder in 2018.
But police in each of those locations said they had yet to obtain evidence to show the victims were targeted because of their sexual orientation or gender identity. Arrests have been made in two of the five cases.
Meanwhile, D.C. police in early 2018 made three arrests for the Dec. 28, 2017 murder of lesbian Kerrice Lewis, 23, who was found shot to death in the trunk of her car that had been set on fire by one of the suspects arrested in the case.
D.C. police said the motive for her killing appeared to be a dispute between a group of friends. Police said they had no evidence to indicate Lewis was targeted because of her status as a lesbian.
Three men have been charged with first degree murder while armed in connection with her death. The three are being held without bond while awaiting trial.
The first of the five 2018 cases took place on March 14, when Antonio Barnes, 27, was fatally stabbed outside his residence in Beltsville. P.G. County police one month later charged Barnes’ boyfriend, Canaan Peterson, 23, with first degree murder, but prosecutors later allowed Peterson to plead guilty to a lower charge of first degree assault. Authorities said the case was an act of domestic violence and they didn’t believe Peterson, who stabbed Barnes in the upper leg, intended to kill him. Authorities said Barnes bled to death after the stab wound punctured an artery.
On March 14, gay D.C. resident Sean Anderson, 48, was found shot to death in his apartment on the 2300 block of Good Hope Rd., S.E. In April D.C. police charged Jerome Wilson, 35, an acquaintance of Anderson, with second degree murder. On July 21, District resident Michael Miller, 37, was found shot to death in an alley behind the 1600 block of Minnesota Ave., S.E. Police say no suspects and no motive have been identified in the case.
On Nov. 8, Brendon Michaels, 43, a fitness instructor at Carroll Community College, was found beaten to death in his apartment on the 1200 block of St. Paul Street in Baltimore. Police have no suspects and no known motive for his murder.
On Nov. 26, 37-year-old transgender woman Tydi Dansbury was found suffering from a gunshot wound to her body in the 1900 block of W. Lanvale Street in Baltimore, according to Baltimore police. She died two days later at a nearby hospital. Police say they have no suspects and no known motive in the case. They are seeking help from the public in their investigation into the murder.
No. 5: Md., Del. ban conversion therapy; Va. measure killed
Maryland and Delaware passed laws in 2018 that ban licensed mental health professionals from performing so-called conversion therapy for minors. Separate bills calling for banning the therapy for minors in Virginia died in committee in the state House and Senate.
In May, Republican Gov. Larry Hogan of Maryland signed into law a conversion therapy ban that had been passed at that time in D.C. and 11 other states. In July, Delaware Gov. John Carney (D) signed a similar bill approved by the Delaware Legislature.
LGBT activists in both states praised their governors and state lawmakers for enacting laws that they said would protect LGBT young people from the serious harms attributed to “therapy” seeking to change someone’s sexual orientation from gay to straight.
All of the mainline professional medical and mental health organizations, including the American Psychiatric Association and the American Medical Association, have warned that conversion therapy is ineffective to changing someone’s sexual orientation and has been found to cause harmful side effects such as depression, suicidal ideation.
In Virginia, Republican lawmakers tabled two bills in February calling for banning conversion therapy for minors in Virginia, effectively killing the bills for the legislature’s 2018 session. Supporters of the bills said they would reintroduce them in 2019.
No. 4: Matthew Shepard interred at National Cathedral
The ashes of Matthew Shepard were interred in the Washington National Cathedral’s crypt on Oct. 26 during a private ceremony following a service open to the public in the cathedral’s main hall, which was filled to capacity.
Shepard, a gay University of Wyoming student, died on Oct. 12, 1998, after being bludgeoned with the barrel of a pistol by Aaron McKinney and tied to a fence in a desolate field in Laramie, Wyo., by accomplice Russell Henderson in what has become known as one of the nation’s most notorious anti-gay hate crimes.
Matthew Shepard’s parents, Dennis and Judy Shepard, were among those who attended the National Cathedral service after announcing their decision to have their son laid to rest at the Cathedral 20 years after his passing. The two have become vocal advocates for LGBT rights and for efforts to pass hate crimes legislation nationally and in states across the country
“It’s so important that we have a home for Matt,” said Dennis Shepard before the interment. “A home that others can visit; a home that is safe from haters, a home that he loved dearly from his younger days in Sunday school and as an acolyte at his church back home.”
Retired New Hampshire Bishop V. Gene Robinson, who in 2003 became the first openly gay bishop in the Episcopal Church, delivered an emotional homily at the service.
“Gently rest in this place,” he said. “You are safe now…welcome home.”
No. 3: Six anti-gay assaults target gay men in D.C.
Gay men were the victims in at least six anti-gay assaults that occurred in D.C. in 2018 beginning in April. Arrests have been made in just two of the incidents.
The first took place April 15 at Vermont Ave. and U Street, N.W. at about 12:30 a.m. when three unidentified male suspects assaulted two gay men while shouting anti-gay names. Both men were hospitalized and treated for non-life threatening injuries. On May 20, two or three male suspects assaulted a gay man while yelling anti-gay names about 1 a.m. at Sherman Ave. and Harvard St., N.W.
On May 27 one unidentified male suspect shouted anti-gay names at two men walking on the sidewalk on the 1300 block of 14th St., N.W. about 6:30 p.m. The suspect punched one of the men in the face before fleeing the scene. On June 5, D.C. police arrested District resident Bertrand Lebeau Jr. for allegedly punching a male victim in the head and stomping on the victim’s cell phone while calling the victim a “faggot.” Lebeau was charge with simple assault and destruction of property.
On June 10 male suspect Uduak Iben was charged with simple assault and destruction of property for allegedly destroying LGBT Pride decorations displayed outside a pet store near the corner of 17th and R streets., N.W. and assaulting two of the store’s employees who tried to stop him from pulling down the decorations. He shouted “fuck gay people” while attacking the employees, according to a police report.
The last of the six incidents took place on Sept. 16 along the 2000 block of New Hampshire Avenue, N.W. near a D.C. police station. Four males and one female suspect jumped out of two vehicles and attacked and beat two gay men while shouting anti-gay slurs, a police report says. One of the victims was hospitalized. Both victims were wearing Stonewall Kickball T-shirts associated with a gay kickball league. No arrests have been made in the case.
No. 2: Danica Roem sworn in, makes history
On Jan. 10, history was made when Danica Roem was sworn into office as a member of the Virginia House of Delegates from her district in Manassas to become the nation’s first transgender person to serve in a state legislature.
Roem, a Democrat, won election to the seat in November 2017 by defeating anti-LGBT incumbent Robert Marshall (R), who held the seat for more than two decades.
“While at first Danica received international attention because of her groundbreaking win, now she receives coverage because of her deep policy knowledge and the legislation she has advanced that improves the lives of Virginians,” said Ruben Gonzales, president of the LGBTQ Victory Institute, which supported Roem in her election campaign.
Roem has been credited with running a highly effective campaign by focusing on local issues that most impact the residents of her district, including traffic congestion and innovative ways to alleviate the free up clogged commuter roads and highways.
She has emerged as one of the Virginia General Assembly’s most outspoken advocates for LGBT equality.
No. 1: 2018 election results
The so-called “rainbow wave” in which a record number of openly LGBT candidates won election to public office across the country on the state and national level in 2018 did not appear to reach D.C., Delaware, and Virginia.
In what some LGBT activists viewed as a disappointment, seven gay or lesbian candidates lost their races this year in D.C. for several key positions, including mayor, City Council member, attorney general, and the city’s congressional delegate seat.
But in what other activists view as a positive sign for LGBT equality, all of the incumbent public office holders that defeated the gay and lesbian candidates in D.C. have longstanding records of strong support for LGBT rights.
And while the seven gay and lesbian candidates lost their races for the more traditional positions such as mayor and D.C. Council seats, Ward 3 community activist Monika Nemeth broke new ground on Nov. 6 by becoming the first known transgender person to win election to a seat on one of the city’s Advisory Neighborhood Commissions.
Another 23 gay men or lesbians won election or re-election to 22 other ANC seats, which are unpaid positions with no powers other than to advise city officials on local community based issues such as trash collection and liquor license approval.
Among the LGBT supportive incumbents to win re-election to the D.C. Council was Elissa Silverman (I-At-Large) who defeated lesbian challenger and businesswoman Dionne Reeder, who also ran as an independent. Reeder was considered to have the best shot at winning among the other six gay candidates that lost, all of whom were men.
The remaining six non-ANC gay candidates that lost were Kent Boese, who challenged incumbent Council member Brianne Nadeau (D-Ward 1) in the Democratic primary; Jamie Sycamore, who challenged Nadeau as an independent in the general election; Libertarian Party activist Martin Moulton, who waged a longshot challenge to Mayor Muriel Bowser (D); and longshot Libertarian candidates Joe Henchman, who ran for Attorney General and his husband Ethan Bishop Henchman, who ran for D.C. Council Chair against incumbent Phil Mendelson (D-At-Large). Gay Libertarian Bruce Majors ran against D.C. Congressional Delegate Eleanor Holmes Norton (D). All six lost by wide margins.
In a similar development in Delaware, lesbian civic activist Kerri Evelyn Harris lost her Democratic primary challenge in September by a lopsided margin to incumbent U.S. Sen. Tom Carper, who has a record of strong support for LGBT rights. Gay Republican businessman Eugene Truono also threw his hat in the ring for Carper’s Senate seat but lost to challenger Rob Arlett in the Republican primary. Carper beat Arlett by a wide margin in the November general election.
In Virginia, no openly LGBT candidates surfaced in 2018 in the state’s congressional races. No candidates were up for election in the Virginia General Assembly in 2018.
In Maryland, three of the four incumbent openly gay or lesbian members of the Maryland House of Delegates – Bonnie Cullison (D-Montgomery County), Anne Kaiser (D-Montgomery County), and Luke Clippinger (D-Baltimore City) won re-election.
The fourth incumbent, lesbian Del. Mary Washington (D-Baltimore City), won election to the Maryland State Senate in a separate district in Baltimore City.
Also winning re-election was gay Howard County Register of Wills Byron Macfarlane, who will begin his new term in that position in January.
And in a development that continues Maryland’s status as a pre-existing “rainbow wave” state, gay civic activist Gabriel Acevery, a Democrat, won election to the House of Delegates in a District in Montgomery County. Acevery’s election continues Maryland’s status of having five openly gay or lesbian members in its state legislature, among the highest number of LGBT state lawmakers in the nation.
Meanwhile, three other LGBT candidates lost their races for seats in the Maryland Legislature in 2018. Transgender rights advocate Dana Beyer lost her bid for a State Senate seat in Montgomery County in the Democratic primary. The seat had been held by longtime gay incumbent Richard Madaleno (D), who gave up the seat in an unsuccessful race for governor.
Also losing their races in the Democratic primary for House of Delegate seats in Montgomery County were bisexual Mila Johns and gay candidate Kevin Mack.
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.
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
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.
D.C. man charged with 2020 anti-gay death threat rearrested
Defendant implicated in three anti-LGBTQ incidents since 2011
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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