LOS ANGELES — California is caught in a conundrum. While House Speaker Nancy Pelosi and Rep. Adam Schiff are steadily guiding America through the divisive impeachment process, President Donald J. Trump seems more and more determined to punish the big blue state for its resistance to his draconian pronouncements.
On Nov. 3, for instance, Trump threatened to withhold federal funds for the devastating wildfires, tweeting that Gov. Gavin Newsom “has done a terrible job of forest management.”
“No more,” if Newsom asks for funding, Trump tweeted.
But there is an odd, unrecognized disconnect between concern for the burned-out fire victims and the larger issue of homelessness in cities such as Los Angeles, San Francisco and San Diego – 981 human beings died on the streets of LA County in 2018.
And the expectation of more turmoil looms large with Trump’s anticipated intervention into California affairs after the Nov. 15 firing of Matthew Doherty, the gay executive director of the U.S. Interagency Council on Homelessness.
According to the Los Angeles Times, Doherty is likely to be replaced by Robert Marbut, a Texas-based consultant who “has long encouraged elected officials to stop coddling people on the streets.” For instance, The Times reports, in 2012, Marbut “pushed the Florida city of Clearwater to stop ‘renegade food’ donations from churches and other charitable organizations. At the time, he characterized Clearwater as the second-most enabling city in America.”
Marbut’s philosophy, which broadly includes expanding police authority to crack down on the homeless for minor offenses, “is in line” with the Trump administration, The Times reports.
And what is that philosophy? “We have people living in our … best highways, our best streets, our best entrances to buildings … where people in those buildings pay tremendous taxes, where they went to those locations because of the prestige,” Trump said during a September LA site visit by administration officials. “And all of a sudden they have tents.”
Trump’s options are legally limited. But when has that stopped him? If officials order sweeps of streets and homeless encampments, where would they go? Or might they be rounded up and placed into unspecified federal facilities? But Newsom may now have a much-needed resource. On Dec. 4, he hired fired federal homeless expert Matthew Doherty to be his senior adviser, perhaps even figuring out how to pry loose millions of dollars in stalled funding for the state with half the nation’s unsheltered homeless population.
Doherty has a daunting job. The Los Angeles Homeless Services Authority estimates approximately 50,000 to 60,000 people were homeless in LA on any given night in 2019, more than 44,000 on the streets. About 34% are Black, hugely disproportionate to their 8% of the population; 31% are females; and minors through age 24 make up 8,915 of the county’s homeless population, up from 8,072 in 2018.
The jump comes “despite over $619 million in spending on the [homeless] problem in the region over the past year,” AIDS Healthcare Foundation co-founder and President Michael Weinstein said in a June 2 statement.
The LAHSA did not post LGBTQ-specific statistics but last June, when out City Controller Ron Galperin introduced an online map to help link homeless and at-risk LGBTQ youth to services, he noted that up to 40 percent of homeless youth identify as LGBTQ.
“The homelessness crisis gripping our region spans the spectrum of age, gender, ethnicity and sexual orientation and expression, but is particularly difficult for LGBTQ youth,” Galperin said. Within this context, a majority of voters recognize homelessness as a crisis — exacerbated by a paucity of affordable housing, escalating rents, retaliatory evictions and gentrification. But, The Times notes, “there is some appetite among L.A. County residents to have law enforcement be more involved.”
To Weinstein, the humanitarian calamity on the streets and the criminalization of homelessness is a moral outrage.
“AIDS Healthcare Foundation was born of moral outrage over the mistreatment of people with AIDS. We began as a hospice provider when people were dying in the hallways of the county hospital,” Weinstein says. “Today’s housing crisis is a similar crisis of indifference to suffering. Our patients and employees are feeling the devastating impact of skyrocketing rents. AHF has jumped into the breach with advocacy and by directly creating affordable housing units.”
In 2017, AHF created the Healthy Housing Foundation by AHF, which bought and renovated SROs in Hollywood and Downtown LA. AHF has also sued to prevent destruction of available housing units by developers proposing luxury housing with some affordable units set aside.
Weinstein, whose first apartment at 19 was in West Lake for $100 a month, believes the supposed “trickle down” of luxury complexes actually makes surrounding housing units too expensive for someone living on minimum wage. Watching this, Weinstein turned to his board of directors and his management team and asked: “What can we do to not just say how bad it is, but create a solution?” “And so we went out in the marketplace and we bought our first single room occupancy hotel that was two thirds vacant and we rehabilitated it to put people in there,” Weinstein told the Los Angeles Blade. “And now we have seven of them and we have almost 800 rooms. The average cost is $100,000, including the renovation — whereas the city is spending $500,000. And the first units from Proposition HHH, which was the city initiative around building affordable housing, have yet to come online, not one single unit.
“It’s an urgency to meet human need,” he continues. “So not only are we criticizing and advocating, we’re also providing a solution. And I’ve committed to 10,000 rooms over the next five years,” including building from scratch. “We’ve amassed three lots and we will eventually build a project that hopefully will be 800 units there. So we’re very, very serious about creating solutions.”
Weinstein remembers the 1986 fight with his best friend Chris Brownlie against Lyndon LaRouche’s Prop 64 initiative to quarantine people with HIV/AIDS. After the measure failed, they asked what they should do next. Seeing poor gay men evicted from their apartments, dying homeless and loveless on the streets or in the halls of County General Hospital or the overcrowded 5P21, they founded the AIDS Hospice Foundation to give them death with a modicum of dignity. Nov. 29 was the 30th anniversary of Chris Brownlie’s death in the AIDS hospice that bore his name.
“Not only is homelessness and housing affordability akin to the moral outrage of AIDS in the ’80s, but AIDS seemed like an insoluble problem, right? It just seemed like an overwhelming thing that you couldn’t get your arms around. And AHF and others who worked on this issue made it a solvable problem. Same thing can and should happen with housing affordability.”
On Nov. 30, AHF announced it would appeal a dismissed lawsuit filed last August in Superior Court against the City of Los Angeles, the City Council and four Hollywood developers. The lawsuit sought to enforce the federal Fair Housing Act and California’s Fair Employment and Housing Act regarding developments that AHF asserts were “approved without providing adequate measures to ensure that the projects would not displace protected minorities.”
In addition to the gentrification of minority neighborhoods, AHF is tackling the issue of escalating rents. On Dec. 5, AHF announced it has secured nearly one million signatures — far more than the required 623,212 voter signatures needed — to qualify the Rental Affordability Act for placement on statewide ballots for November 2020.
The RAA is sponsored by Housing Is A Human Right, AHF’s housing advocacy division. It is endorsed by Sen. Bernie Sanders, former Housing and Urban Development Secretary Julian Castro, Rep. Maxine Waters, and civil rights icon Dolores Huerta, among others.
If passed, the initiative would remove restrictions in state law to give cities and counties the ability to devise rent control policies that limit how much rents can increase each year.
“Seventy-five percent of Californians hold a positive to very positive view of rent control,” Weinstein said at a Dec. 5 news conference. “The housing affordability and homelessness crises are the most pressing social justice and public health emergencies in our time, especially in Southern California. We must take action to stop it now. To that end, we intend to bring the issue directly to California voters next November.”
Last year, a similar measure, Prop 10, was defeated. The effort cost $96.66 million – with “Support” Coalition for Affordable Housing raising $25.30 million (AHF contributed $22.52 million) and the No on Prop 10 real estate PACs raising $71.37 million.
Big PhRMA (Pharmaceutical Research and Manufacturers Association) also chipped in $500,000 to the No on 10 campaign. When the medical news organization STAT asked why, a PhRMA spokesperson claimed they had over 900,000 people living and working in California (thus 2.3% of the state population) and they were concerned that the measure “…could make housing harder to find,” according to a Sept. 20, 2018 report on Business Wire.
Weinstein has a long history of tangling with Big PhRMA, from the late 1980s when AIDS Hospice Foundation and ACT UP protested drug companies profiteering from outrageous drug pricing, to his lawsuits challenging Gilead Sciences drug patents making “untold billions off of tenofovir in its various treatment combinations since its introduction in 2001.” AHF’s lawsuits have paved the way for hundreds of other lawsuits, including a recent patent infringement case by the federal government involving Truvada.
“A rift between the Centers for Disease Control and Prevention and pharmaceutical giant Gilead Sciences ruptured further Wednesday when the Trump administration sued Gilead in U.S. District Court, asserting that Gilead made billions of dollars on HIV prevention therapy while repeatedly ignoring government patents,” the Washington Post reported Nov. 7.
Weinstein is also a favorite target of critics who tend to repeat the same debunked claims, even into the pages of the New York Times.
“To his many critics in AIDS activism, Weinstein is the Koch brothers of public health,” Christopher Glazek wrote in a New York Times feature story, citing a slew of old allegations, including “giving kickbacks to patients, overbilling government insurers.”
“AHF has always been and remains clean as a whistle and at the same time, because our advocacy and our outspoken voice, we are a huge target,” Weinstein said. “Plus, oppression sickness that’s still very alive and kicking in the LGBT community does not allow anyone to rise to a level of leadership without being subjected to this kind of malicious attack.”
Weinstein encourages simple fact checking. For instance, in the so-called “Whistleblower Kickback case” in Florida, the original judge validated the AHF clinic’s business model of giving bonuses to employees to get people tested and using incentives and gift cards for clients who returned for a second appointment, now a more common practice in public health. After the initial lawsuit by former employees failed, they went to both the U.S. Department of Justice and the state government alleging Medicare fraud – but both declined to pursue the case.
“They lost, they appealed, they lost again. And not only did the court rule in our favor, but the [Florida] government intervened to say that what we were doing is not only OK, but what they wanted us to do, which is to put everything under the same roof,” Weinstein said. Not only did AHF win the case, “but they’re having to pay us back the legal costs.”
Regarding the criticism around LA funding, Weinstein said, “there’s been a lot of prejudice against us because of the advocacy, which we have fought and won in 90+ percent of the cases.”
In one instance, LA County strenuously asserted that AHF overbilled for the services for which they were contracted. “They spent $3 million fighting us on that and then they wound up settling without any claim that we had done anything wrong,” Weinstein said.
Weinstein has been excoriated for calling PrEP a “party drug,” which was translated into his opposition to the drug. In fact, AHF dispenses PrEP after a medical checkup to ensure the client should take it and is advised about side-effects and accompanying condom use.
“It’s a mischaracterization to say that we were opposed to PrEP,” Weinstein told the Los Angeles Blade. “We said that we did not believe it would be a successful public health strategy. And the jury is in on that, right? The people who are taking it are not the people who need it most. They’re older, white, middle-class men. The infection rate has not gone down. The STD rates have gone up, the condom culture has been damaged. We went from a variety of different prevention approaches to basically all PrEP and that has not been successful.”
Weinstein said the reason PrEP has not caught on, “despite the tens of billions of dollars that’s been invested in it, is because it’s very difficult to get people to take a drug for a disease they don’t have. It’s hard enough to get people to take a drug for disease they do have.
“One size does not fit all,” he continued. “That’s what we said from the very beginning — that PrEP would help individuals who were certain not to use condoms but that it would not be effective as an overall public health strategy. It’s been seven and a half years since the approval and we have not seen any significant change in the situation,” especially in reaching people of color.
Weinstein pointed out that most of the stories critical of him and AHF “give such short shrift to our humanitarian efforts,” often in “very extremely dangerous and difficult circumstances across the world — not to mention our work on Ebola and our disaster relief where we air-lifted into the Bahamas and into Puerto Rico and Haiti before the U.S. government could get there.”
Since 1987, AHF has developed funding streams through a network of pharmacies, thrift stores, healthcare contracts and strategic partnerships. Today, AHF’s budget is $1.6 billion – with 96% of the funding going to patient care; with 6,500 employees caring for 1,332,868 patients in 43 countries, including 664 free global treatment clinics. AHF also operates in 38 of the 48 US counties the Trump administration wants targeted for HIV prevention, care and treatment.
“You can talk all day long about whatever your political issues are with AHF. But the bottom line is that 1.3 million people are entrusting us with their care,” Weinstein said.
“We started out as a tiny grassroots organization. Our budget in the first year was $50,000, approximately. We were a fraction of the size of APLA. And now we’re a hundred times their size,” Weinstein said. “It’s a tremendous amount of hard work, dedication, and most of all really having our finger on the pulse of what the needs were. And now we’re taking on homelessness and affordability and housing and we’re taking on trying to build a sustainable public health structure in the world. None of the snark, none of the attacks, and none of these so-called legal arguments have slowed us down one iota.”
In fact, AHF’s Healthy Housing Foundation is buoyed by the help they’ve been able to give people such as Herbert Butler, an 88-year-old homeless veteran of the Korean War who has been on the Hollywood streets for 20 years.
“Butler, an avid amateur pianist, long resisted going to shelters (for myriad reasons known best to him), preferring his life on the street,” AHF’s Ged Kenslea told the Los Angeles Blade. “However, one ritual remains sacred to him: several times a week he travels from Hollywood to Union Station to wait his turn for the chance to play — and entertain harried commuters — for 20 minutes or so on the community piano in the station’s waiting room.”
Nicole Farley, from Jewish Family Services, worked to earn Butler’s trust and bonded with him over his deep admiration for her grandfather, the famous alto sax jazz musician Captain John Handy. In October, Farley connected Butler to AHF’s Healthy Housing Foundation and they secured him a spot in the Baltimore Hotel, a 1910 SRO hotel on Skid Row in downtown LA that AHF has repurposed for homeless and extremely low-income housing.
“Inspired by Mr. Butler’s story, his service to our country and his passion for music,” Kenslea said, “AHF recently obtained a secondhand mini baby grand piano and placed it in the lobby of AHF’s King Edward Hotel, directly across the street from the Baltimore. Now, Mr. Butler, and other musically inclined residents of AHF’s residences, can play to their hearts’ content.”
“The bottom line is love,” Weinstein tells the Los Angeles Blade. “The bottom line is love of humanity. The bottom line is love of sisters and brothers. And you know, sometimes you really need to fight like hell for the people and the things you love.”
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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