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Spacey lawyers claim 2016 groping incident was consensual

Judge says disgraced actor must appear at Jan. 7 hearing

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Kevin Spacey posted a bizarre video last week. (Screen grab from YouTube)

Disgraced gay actor Kevin Spacey disputes the old adage that any publicity is good publicity. On Dec. 31, Nantucket, Mass. District Court Judge Thomas Barrett denied a motion filed by Spacey’s legal team asking to waive his Jan. 7 arraignment appearance on one count of felonious indecent assault and battery. Through his attorneys, Spacey argued that, “my presence will amplify the negative publicity already generated in connection with this case.”

The motion also indicated that Spacey intended to plead not guilty to the sexual assault allegation. If convicted, the actor faces up to five years in prison or up to 2½ years in jail and a requirement to register as a sex offender, according to court documents.

In response, Cape and Islands Assistant DA Michael K. Giardino argued that under rules for criminal procedure, Spacey’s appearance is required at the arraignment.

More details about the case and Spacey’s legal strategy emerged during the initial 36-minute “show-cause” hearing Dec. 20 before the Clerk magistrate to determine if probable cause existed to merit a criminal charge. Spacey defense attorney Alan Jackson, a former Head Deputy District Attorney for the Los Angeles County DA, claimed that the 2016 groping incident was actually a consensual encounter initiated by the then-18-year-old alleged male victim. Spacey’s other legal team members include Bryan J. Freedman, a top-rated LA-based Entertainment & Sports attorney, and Juliane Balliro, a criminal defense attorney based in Boston.

During questioning, Jackson focused on the report by Massachusetts State Police Trooper-Detective Gerald F. Donovan that serves as the basis for the assault charge. In the police report, the still unidentified alleged victim, who worked as a busboy at the restaurant, told detectives he was the one who first approached the actor inside the bar area of the Club Car, a Nantucket restaurant, in July 2016. He admitted that he lied to Spacey, telling him that he was a 23-year-old college student, when he was actually 18 and not in college.

The Club Car restaurant in Nantucket was the scene of the alleged assault. (screen grab from Google Earth)

According to Donovan’s report, the alleged victim said he drank between eight and 10 alcoholic drinks (a mix of several beers and whiskey) in roughly an hour and a half. He also acknowledged he was intoxicated and that he may have blacked out shortly after Spacey allegedly groped him. He also told Donovan he smoked a cigarette with Spacey and later exchanged phone numbers with him.

Jackson asked Donovan to verify that the alleged victim had told him that the groping went on for approximately three minutes without the alleged victim moving away or telling Spacey to stop.

“That’s an incredibly long time to have a strange man’s hands in your pants, correct?” Jackson noted to Donovan, according to an audio recording of the hearing obtained by The Boston Globe.

“I would agree with that. Yes,” Donovan replied.

According to Donovan’s report, the alleged victim said he was texting his girlfriend at the time of the encounter with Spacey and he sent a video to his girlfriend over Snapchat to prove he was telling the truth. The teen’s girlfriend confirmed to detectives that she had received the video at the time. Jackson noted that both the prosecutor’s office and the defense team had copies of the brief video, which he noted shows an unidentified hand touching another person’s shirt, but does not show anyone being groped.

The alleged victim claimed that it was tough to move away in the crowded bar. He told investigators that he tried to shift his body away from Spacey and to push away Spacey’s hand, but “Spacey kept reaching down his pants,” according to the police report.

Jackson noted that investigators were unable to find anyone who witnessed the actual alleged groping, though Donovan’s report says other people confirmed seeing Spacey and the teenager together at the bar that evening, including one person who said they noticed the teenager at one point turned “pale, blank, a bit frightened.”

“After the alleged assault, which the victim claimed he was frozen with shock throughout, the actor went to the restroom at which time the young man left. He told investigators Spacey texted him ‘I think we lost each other,’ shortly thereafter, according to the complaint. The alleged victim did not respond,” The Wrap reported Dec. 27. 

Donovan’s police report also notes that the alleged victim told detectives that he ran home after the incident and told family members about being groped that night.

“[The alleged victim] said the whole thing was embarrassing and has had a ‘profound emotional effect’ on him,” Donovan reported. “[He] called the police because he doesn’t want what happened to him to happen to anyone else.”

According to the court documents, the teenager first contacted the Nantucket Police on Oct. 31, 2016 reporting the assault. That’s one year before actor Anthony Rapp told Buzzfeed in a shocking Oct. 2017 interview that Spacey made sexual advances to him when he was a 14-year-old boy. Spacey, then aged 26, is alleged to have invited Rapp to his New York apartment for a party where he allegedly assaulted Rapp. Spacey later apologized publicly and then awkwardly disclosed that he is gay.

But Nantucket law enforcement apparently didn’t act in the 18-year-old’s case until his mother, former Boston WCVB news anchor Heather Unruh, held a press conference on Nov. 8, 2017 disclosing that her son had been sexually assaulted by the actor.

“My son was not of legal age to drink alcohol. He told Kevin Spacey that he was of legal age. But whether he was over 21 or not, Kevin Spacey has no right to sexually assault him. There was no consent,” The Wrap reported Unruh as saying. “Kevin Spacey bought him drink after drink after drink and when my son was drunk Kevin Spacey made his move and sexually assaulted him….We want to make it clear, this was a criminal act.”

Unruh added: “The victim, my son, was a starstruck straight 18-year-old young man who had no idea that the famous actor was an alleged sexual predator or that he was about to become his next victim.”

Unruh told reporters that her son didn’t report the assault at the time because he was embarrassed and scared. Her family decided to come forward after others went public with allegations of sexual misconduct against Spacey and other celebrities, she said.

The Nantucket investigation started after the alleged victim spoke with Donovan on Nov. 22, 2017. The news broke on Christmas Eve that Spacey would face one count of felonious assault.

The Nantucket Police Department referred all questions from the Los Angeles Blade about the initial report to the Cape & Islands DA’s Office where a spokesperson for District Attorney Michael D. O’Keefe said the office had no comment.

LA District Attorney spokesperson Greg Risling told the Los Angeles Blade that Spacey is still under scrutiny in a case that alleges he attacked a man in Malibu in October 2016.

This is the second sexual assault case against Spacey being handled by LA DA Jackie Lacey’s Entertainment Sex Crimes Task Force. Prosecutors declined to prosecute Spacey in the case of an unnamed adult gay man who alleged Spacey assaulted him in West Hollywood in October 1992—the gay man was not a minor at the time of the alleged assault. That case had been submitted to the DA’s office for review by the LA County Sheriff’s Department in August of 2018.

“The reporting party alleged that he was the victim of a sexual assault,” Risling told the Los Angeles Blade. “The allegation is outside the statute of limitations, therefore, an analysis of the strengths and weaknesses of the evidence is not warranted and prosecution is declined.”

Spacey is also under criminal probe in Britain. London’s Metropolitan Police are probing six allegations against Spacey after more men have come forward. A spokesperson for Scotland Yard said the law enforcement agency received three more allegations of sexual assault from February to April of 2018, in addition to the three made in late 2017.

According to Vox.com, there have been allegations made by more than 30 individuals against the actor since Oct. 2017, ranging from sexual harassment to sexual assault.

Neither Spacey nor his lawyers have addressed the allegations publicly, but the actor released a bizarre video Dec. 24 in the voice of Frank Underwood, his character on Netflix’s “House of Cards.” In it he says: “I’m certainly not going to pay the price for the thing I didn’t do.”

Some in social media questioned whether this was Spacey obliquely refuting the 18-year-old’s allegations or whether it was to portray Frank Underwood once again after having been ignominiously fired. Nonetheless—Underwood is a liar, cheat and murderer so it is unclear what message Spacey was trying to convey.

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Movies

‘She’s the He’ brings gender-bending twist to teen comedy genre

Recreating raunchy nostalgia through a queer eye

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Nico Carney and Misha Osherovich in ‘She’s the He.’ (Photo courtesy of Obscured Releasing)

No matter which generation you belong to, you have nostalgic memories of “teen comedy” movies from your adolescent years, even though you’re a little embarrassed about it today.

This is particularly true for the Gen X and Millennial crowd, who grew up with raunchy teen movies from “Fast Times at Ridgemont High” to “Porky’s” to “American Pie,” and have lived long enough to experience the shock of watching younger generations deploring them for the very raunchiness and toxic behavior that made them appealing to us in the first place.

These are exactly the type of films that are channelled in “She’s the He,” a SXSW hit and Independent Spirit Award nominee that hit VOD platforms on June 30, which strikes a nostalgic chord that conjures both the extreme “political incorrectness” and heartfelt sensitivity of the movies that inspired it – but updates the formula to add an edge that’s especially relevant in our current time.

In other words, it recreates the “raunchy teen comedy” genre through a queer eye (with a focus on the fine points of gender identity), and it’s every bit as messy, awkward, inappropriate, and “cringey” as you might hope it to be.

Written and directed by trans/nonbinary filmmaker Siobhan McCarthy, it’s a movie that might result in mixed feelings from many audiences over a story that centers on two cis-male high school seniors, Ethan (Misha Osherovich) and Alex (Nico Carney), who pretend to “come out” as trans together as a way to get close to girls.

Actually, it’s mostly Alex’s scheme to gain “access” to his crush, Sasha (Malia Pyles), and quell the rampant rumors that he and lifelong BFF Ethan are gay, reasoning that being “trans” would technically make them girls, too. It works, incredibly, in the beginning, but as a burgeoning friendship with nonbinary Forest (Tatiana Ringsby) distracts Alex from his rampant teen hormones, Ethan begins to realize that she really is trans, after all. What started out as a juvenile ploy suddenly becomes a complicated mess, and the two best friends must try to navigate their way out of it; unfortunately, Alex can’t stop scheming for sex and Ethan is struggling with the prospect of coming out to her transphobic mother (Suzanne Cryer), and needless to say, it puts a strain on their friendship. Meanwhile, there’s a whole locker room full of testosterone-charged jocks who want in on the scam themselves.

If all that sounds incredibly problematic to you, you’re not wrong – it definitely is. The entire premise, with all its nonconsensual shadiness and its hormone-driven gaslighting, seems like enough to trigger calls for “cancellation” from both sides of our divided social mediaverse; add to that the fact that the whole thing is played for laughs, as a crass and foul-mouthed sex farce about high school kids, and the movie opens itself up to an even greater level of pearl-clutching.

Like most of those teen raunch-fests of earlier generations, however, “She’s the He” is doing it all on purpose. McCarthy’s wildly “inappropriate” movie is not just some cheap sexploitation comedy, but a savagely campy assault on the attitudes and expectations of the very people that might be offended by it. 

As McCarthy says in their director’s notes for the film, “By taking conservative talking points at face value and playing out their worst fears on screen, ‘She’s the He’ seeks to undermine and defang these harmful ideas while satirizing the very media that has fueled this fear-mongering.” 

Among the most obvious “conservative talking points” their movie lampoons is the whole obsession around gender and bathrooms (it is, after all, a story about two cis males who essentially disguise themselves as trans so that they can get into the girl’s locker room), but there are a whole lot of others, too: the excessive concern over pronouns, the obsession over  genitalia, the assumption that gender identity and sexuality are somehow synonymous, the sexed-up male fantasy of what happens between girls when they’re behind closed doors – all the typical exaggerated tropes are there, and exaggerated even further for full effect. In fact, it’s the film’s not-so-subtle subversion of the “male gaze” through a queer and feminist lens that might be its most satisfying flourish, underscoring the already absurd parody provided by Alex’s single-minded (and hilariously “incel”-ish) prioritization of his sex drive above all other considerations.

Yet what really raises “She’s the He” above the level of the crude humor it deploys has nothing to do with making fun of people, nor is it even about pushing against uptight social boundaries around sexual and/or gender expression; all the irreverent zaniness is wrapped around a deeper story about friendship, love, and growth, a journey of self-discovery and finding the courage to embrace who you really are. And at the center of it is a transgender nonbinary actor in the leading role – in itself a bold challenge to rigid expectations – with not just the talent, but the grace, nuance, and bravery to play it with full authenticity. Osherovich earned a well-deserved nomination for Best Breakthrough Performance at this year’s Independent Spirit Awards, and they’re the heart of the film.

In fact, it might be McCarthy’s deliberate choice to cast their film entirely with actors who identified in some way as queer that fuels its transgressive energy and keeps it feeling “real” even when it’s at its most ludicrously excessive. They make for a great ensemble of players, but naturally there are standouts: co-star Carney (who is also a successful standup comic, known for mining his own transmasculine experience for laughs) does a great job as Alex, endearingly unconcerned and frequently clueless about his shortcomings as he single-mindedly pursues the loss of his virginity, and his chemistry with Oserovich makes them a winning pair whenever they share the screen; Cryer brings a dose of needed maturity to the mix, while also conveying the struggle of a mom trying to navigate her child’s coming out; Pyles and Ringsby both bring the intelligence and depth to undercut our expectations of their characters; comedian Aparna Nancherla earns plenty of chuckles as a teacher haplessly trying to keep up with all the changing identities (and pronoun protocols) of her students; and knowing that the school’s entire male sports team is played by transmasculine actors adds a delicious flavor to the movie’s overall parody of conventional gender presentation that helps make its climactic “locker room showdown” scene all the more hilarious.

It’s worth noting that “She’s the He” is targeted mainly for Gen Z audiences – it’s their generation’s turn to put their stamp on the genre, after all – but older audiences needn’t feel left out; there’s plenty here that should feel universal enough for any age to enjoy; and if you’re afraid it will be too extreme, rest assured: the most shocking thing about it is that it might be the sweetest teen sex comedy you’ll ever see.

Considering they’ve been making them for decades, that’s saying a lot.

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Television

Queer media dominates 2026 Emmy nominations

Ceremony to air on NBC, Peacock on Sept. 14

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RuPaul is among this year's nominees (Photo via Instagram)

Nominations for the 78th Primetime Emmy Awards are here — and they are so, so queer!

With the year we’ve seen in LGBTQ media, this isn’t very surprising; whether it be jaw-dropping new series or the ends of fan-favorite classics, every month offered a new project or performer for queer audiences to fall in love with. There were some pleasant surprises — and shocking snubs — with these nominations that have left the many TV fanatics in our community excited, hopeful that their favorite actor or series can take home at least one award at this year’s ceremony.

Will this be the gayest Primetime Emmy Awards that the Television Academy has ever seen? Let’s take a look at some of the biggest, absolutely queerest nominations for this year and find out!

Leading the pack (and making history) for queer television is “Hacks,” with the final season of this HBO Max comedy earning a massive 25 nominations — breaking “Schitt’s Creek”’s record for the maximum number of nominations for a comedy series’ final season! Following an established comedienne (Jean Smart) and her bisexual, thoroughly Gen Z comedy partner (Hannah Einbinder), the series has been applauded for not only its portrayals of queer identity but also for how it showcases the generational divide in a way anyone can laugh at. Smart and Einbinder are both nominated for Outstanding Lead Actress and Outstanding Supporting Actress, respectively, with their fellow performers Meg Stalter, Paul W. Downs, Kaitlin Olson, and more also earning nominations for their time on the show. These, along with the numerous nominations for “Hacks”’ writing, directing, and all-around production, make it one of the most nominated programs at this year’s Emmys. 

And this isn’t the only sapphic program being celebrated at this year’s awards! When “Pluribus” premiered, it took the (thankfully non-hive-minded) world by storm; it follows a lesbian author (Rhea Seehorn) who becomes one of the only people left with autonomy when an alien virus takes over the Earth. Seehorn — who offers an impeccably bitter performance as protagonist Carol Sturka — is being honored with an Outstanding Lead Actress nomination, with the show itself receiving 18 nominations overall in categories ranging from Outstanding Supporting Actor to Casting for a Drama. One extremely fun, thoroughly queer fact about these nominees: the actresses behind both of Carol’s onscreen love interests, Karolina Wydra and Miriam Shor, have earned their first Emmy nominations ever due to their work on the series! 

While these queer TV shows are earning massive praise, the Emmys also made sure to honor the LGBTQ+ and ally celebrities who’ve graced our screens this year. 

When he isn’t exciting audiences all over the world in “Heated Rivalry,” Connor Storie was making viewers laugh on “Saturday Night Live,” a hosting spot which earned him a nomination for Guest Actor in a Comedy. And though Jeff Hiller (who is coming off a 2025 Emmy win for “Somebody, Somewhere”) has proven to be one of the best parts of new hit “Widow’s Bay,” it was his turn as a mind-controlled, bicycle-short-wearing drone in “Pluribus” that earned the openly gay actor an Outstanding Guest Actor in a Drama nomination. Along with these, the always immaculate Zendaya received a nomination for Outstanding Lead Actress for her role as queer recovering drug addict Rue in “Euphoria,” and long-time ally Claire Danes will be competing for Lead Actress in a Limited Series for her role as troubled lesbian writer Aggie Wiggs in “The Beast in Me.”  

When it comes to scripted television, the 2026 Emmy Nominations are filled with nominations for queer performers and stories alike. But, to the shock of nobody who loves nothing more than a good confessional and shocking table flip, there was one category where queer performers absolutely dominated: Reality Television. 

The Outstanding Host for a Reality/Competition Program is one of this year’s most competitive categories — and not just because four of the five nominees are queer! The hilarious RuPaul Charles and Alan Cumming have both received nominations in this category, with their shows “RuPaul’s Drag Race” and “The Traitors” also being nominated for Best Reality Competition Program. They’re joined by lesbian heartthrob Kristen Kish, who, for the third year in a row, has been nominated for Outstanding Host right alongside her series, “Top Chef,” for Best Reality Program!

And, finally, making her debut in the world of Emmy nominations is Ariana Madix, who just earned her first nomination for Outstanding Host thanks to her work on “Love Island USA”! An alum of reality TV herself, her guiding sexy singles along the path to love has helped this reality series take the country by storm. An openly bisexual host — who has stated that she wants her own show to be more queer — she joins this amazing group of leaders helping to innovate this genre today. 

While these are some of the biggest LGBTQ+ nominees at this year’s Emmys, they don’t include the countless queerr editors, writers, costume designers, and more who have also been nominated in the ceremony’s 100+ categories. They all deserve a huge round of applause for their tireless work this year, and each of them should remember that they’ve each won just by being nominated.

And even if they don’t take home that illustrious trophy, in the words of a particular Queen of Drag who’s nominated for Outstanding Reality Host, always remember: losing is the new winning!

You can watch the 78th Primetime Emmy Awards on Sept. 14 at 8 p.m. EST on NBC and Peacock.

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a&e features

Mr. Henry’s celebrates 60 years of proud inclusivity

Capitol Hill staple remains ‘a caring community’

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Mr. Henry’s has long been popular with D.C.’s LGBTQ community. (Photo by Liz Stewart)

America’s 250th isn’t the only milestone birthday D.C. is celebrating this year. 

Beloved D.C. restaurant Mr. Henry’s, that Capitol Hill staple, celebrates its Diamond Jubilee all year long. Named for its original owner Henry Yaffe, the restaurant opened on a warm day 60 years ago in the summer of 1966 and has never looked back.

Yaffe took over what was then a country western restaurant, renovated the interior to his liking, and created an institution. Yet Yaffe had another goal. As a gay man, “he created Mr. Henry’s to be a place where everyone felt welcome — not easy in 1966 — and he succeeded,” says current owner Mary Quillen.

Mary Quillen is the current owner of Mr. Henry’s. (Photo by Liz Stewart)

“Mr. Henry’s has long been a place the LGBTQ community has supported because they felt and still feel welcomed,” says Quillen. Even in the current administration, “the gay community and the diversity-minded community continue to come.”

Since then, Mr. Henry’s has changed hands, opened and closed its second floor, welcomed famed musical acts, and played host to politicians, date nights, breakups, and birthdays. But it still feels like home (and has a note in the National Trust for Historic Preservation) at 601 Pennsylvania Ave., S.E.

Its wood-paneled, Victorian-inspired art-filled décor in the downstairs dining room and bar serves American pub fare for lunch and dinner daily, with brunch on weekends (and a dog-friendly patio). Upstairs, Mr. Henry’s hosts live jazz performances and special events most nights, continuing a musical tradition that has defined the venue for decades. That upstairs bar has played host to names like Roberta Flack and Woody Allen.

Musician Kevin Cordt said that, “Mr. Henry’s has been a part of my life for more than 30 years. I started as a customer, then became a bartender and server, and now I have the good fortune to play trumpet at one of the best live music venues in Washington, D.C.”

Aaron Myers, executive director of the D.C. Commission on the Arts and Humanities, is also a supporter. “Not many cities can sport venues that have consistently served the community in the space of culture for more than 50 years, let alone can brag as the birthplace of culture defining talent.”

From the start, Yaffe promoted a rare yet celebrated combination of locals’ bar and soulful nightlife venue. Mr. Henry’s has attracted a diverse crowd at a time when such spaces were – and perhaps still are – uncommon, a diversity that is credited with helping protect the pub during the 1968 D.C. riots.

Longtime customer Evelyn Branic said, “Mr. Henry’s has been my ‘Cheers’ hangout since my wife and I moved to the Hill in 1987. I’ve experienced many iconic moments meeting politicians, reporters, civic activists, and neighbors engaging in spirited conversations. Whether political, LGBTQ, historians, neighbors, or out-of-towners, everyone could find a special place to be greeted as a friend.”

Its welcoming tables come dabbed with a bit of tea: In 1971, in a moment that has since become part of Capitol Hill lore, Yaffe lost the pub in a poker game to Larry Quillian. The Quillian family, recognizing the special role Mr. Henry’s played in the neighborhood, took over ownership, and committed to preserving its spirit. Today, Larry’s daughter Mary owns the bar, having given it a bit of a facelift for the bar’s 50th birthday, bringing in new tables and some fresh menu items.

For example, the menu has some of those dishes that regulars would riot if they disappeared. The Reuben and the hamburgers, the chili and in-house roasted turkey have never departed the menu. Dishes do evolve, says Quillen: they added wings about two decades ago.

In 2026, the restaurant is hosting monthly ticketed “decades” parties, celebrating each of the 10-year periods the restaurant’s been open, plus there were specials in June for Pride. The official 60th anniversary gala takes place Aug. 29, featuring performers, beverages, timeless favorite foods, swag – and the unveiling of a new cocktail.

Inclusive, eccentric, eclectic, Mr. Henry’s is looking forward to maintaining its centrality to diverse crowds in Capitol Hill. Battling inflation, rising menu prices, changing tastes, and thin margins, Quillen says that Mr. Henry’s has — and will always be — “a caring community for so many different folks. And THAT is why I am committed to keeping us going. Society needs places like Mr. Henry’s, now more than ever.”

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