Local
Local gay student blocked from making blood donation despite FDA easing policy
Red Cross acknowledges delays, study to examine further change
A gay D.C. native otherwise qualified to donate blood was denied that chance at a local hospital, demonstrating that obstacles remain after the FDA eased its ban on gay donations — even as the agency has set up a pilot study to assess lifting the blanket policy altogether.
Aubrey Lay, a 19-year-old student at the College of William & Mary, told the Washington Blade after the FDA eased its policy last month he registered with his family at Children’s National Hospital, a D.C.-based pediatrics center, in hopes of making a contribution under the belief he’d meet the new requirements.
“As a gay man, I was very excited that the FDA had relaxed its guideline restrictions on MSM donating blood, however imperfect this change may be,” Lay said. “This meant that for the first time since graduating high school, I would be able to donate blood.”
Lay said he would have been ineligible to donate under the former rule requiring 12 months of abstinence for gay men, but believed he would have been eligible under the new rules requiring only three months. Although the hospital’s website had the old information online, Lay said he proceeded to his appointment on April 29 under the “wishful thinking” the hospital would accept him.
But Lay was ultimately blocked from making a donation.
“It turned out I was giving them the benefit of the doubt where I shouldn’t have,” Lay said. “I signed in and had my intake interview during which I explained my sexual history, and that I had last had sexual contact in early January, over the three-month limit. After answering all these questions, I got my finger pricked and iron levels checked, and height, weight, [blood pressure] taken. Only then was I told that I would not be able to donate because the hospital’s policy has not yet caught up to national standards.”
Lay said he was “shaken” by the experience, having wanted to make a blood donation to help out as the nation battles the coronavirus crisis.
As evidence going to the hospital was a risk he didn’t take lightly, Lay said it was the first time he’d left his house in a month because he and his family took the Virginia stay-at-home order “very seriously.”
“I certainly would not have risked my own health, and that of others, had I known I would be turned away,” Lay said.
Amid the blood shortage during the coronavirus pandemic, the FDA last month announced it would ease the ban on blood donations for various groups, including men who have sex with men.
The earlier ban, established in 2015, required gay men to be abstinent for 12 months before making a donation, but the new policy eased those restrictions, requiring a deferral period of three months.
Before 2015, the FDA had a lifetime ban on blood donations from men who have had sex with men. The policy was implemented in 1983 at the height of the AIDS epidemic based on fears donations from gay men would allow HIV to enter the blood supply.
Lay, upon being denied the ability to donate blood, said he found the office of the hospital’s president next to the blood donation room and sought an audience.
The president, Lay said, apologized for the confusion and connected him with the doctor in charge of the blood bank. The doctor, Lay said, told him the hospital’s computer systems were interlaced with the new policy and — in normal times without coronavirus — it would take a month to disentangle them and make them consistent with the new policy.
The website for the Children’s National Hospital has been updated and no longer indicates it follows the earlier 12-month policy, but is in the process of making a transition to conform to the new guidance by June 2020.
A Children’s National Hospital spokesperson confirmed the center is still in the process of updating its policy for gay donors and expects resolution next month.
“We have the deepest appreciation for all our blood donors and see every day how their donation saves lives,” the spokesperson said. “We take every step to adhere to all regulations around blood donation and are working to update our policies, donor questionnaire and computer systems to align to the new FDA regulations. The FDA just approved the donor questionnaire for sites to use and we are hoping to have all policies in place in June. We encourage anyone who would like to donate to make an appointment and double check on the eligibility before coming in.”
Lay’s story isn’t unique as other gay men have reported being unable to donate blood after the FDA eased its ban. Whether or not each of these men expected to meet the requirements under the new deferral period of three months is unclear.
Gay TV personality Andy Cohen says he was denied the chance to donate, even though his plasma would be rich in the antibody for COVID-19. Lukus Estok, a young gay man who recovered from COVID-19, also told his story about being denied the opportunity to make a donation at the New York Blood Center. His Facebook post went viral on social media and was featured in a Good Morning America article.
Mathew Lasky, a spokesperson for the LGBTQ media watchdog GLAAD, which has been leading calls for a change in blood policy, said more and more stories are emerging of LGBTQ people being blocked from making donations despite the recent change.
“GLAAD is continuing to pressure the FDA to put science above stigma, and to remove any time-based deferral on gay and bisexual men, and others in the LGBTQ community, donating blood,” Lasky said. “In the meantime, it’s critical for individual blood centers to begin adhering to the new FDA guidelines as not to continue needlessly discriminating against LGBTQ people, and to address the critical blood supply shortages we’re seeing during COVID-19.”
The American Red Cross, which had called for the FDA to shorten its deferral period from the 12 months to three months before the new policy was implemented, cautioned via a spokesperson the implementation of updated rules “will take time.”
“As the largest blood provider in the country, we are working to implement the updated FDA eligibility changes and will provide an update on timeline in the near future,” the spokesperson said. “It’s important to note that the implementation process includes potentially thousands of individuals and involves complex system updates that do take time. We are working to develop a reinstatement process to share with potential donors in the near future.”
UPDATE: A Red Cross spokesperson after publication of this article told the Blade a June 1 target date has been set for full implementation of the FDA policy change.
“The American Red Cross is working to implement the updated FDA eligibility changes on June 1,” the spokesperson said. “We just want to emphasize that this process includes potentially thousands of individuals and involves system updates that will take time to implement.”
Even as blood centers work to update their system to conform to the new policy, LGBTQ advocates have said the change is insufficient and the FDA should scrap its deferral requirements entirely for men who have sex with men and instead implement a policy based on individual risk assessment. Such a policy could enable, for example, monogamous gay men or gay men with safe sex practices to make blood donations.
Among those calling for this change is California Attorney General Xavier Becerra, who last month led a letter to the Department of Health & Human Services with 19 other attorneys general urging the Trump administration to abandon the deferral period, citing the success of other countries, such as Spain, Italy and Portugal, that have implemented gender-neutral policies.
Many voices have emerged calling for any and all obstacles to gay men making blood donations being lifted because testing could determine whether a blood donation has HIV. Experts, however, say some caution is necessary as a window exists between donation and testing in which the test wouldn’t be able to determine if a donation was free of the virus.
Scott Schoettes, counsel and the HIV Project Director at Lambda Legal, articulated that warning in a conference call last month with reporters.
“People believe that it catches all new cases of HIV or new cases of Hepatitis B, Hepatitis C, other blood borne infections,” Schoettes said. “That is not the case. There is still a window period during which that testing would not uncover a newly acquired infection.”
But in a rare situation of hitting both the gas and brake at the same time amid a policy change, the FDA has indicated the agency also is in the early stages of a pilot program to determine whether or not the ban can be changed further in favor of a risk-based assessment.
Megan McSeveney, an FDA spokesperson, confirmed the agency is set to begin the study with “about 2,000 men who have sex with men and who would be willing to donate blood.”
“This study, being conducted at community health centers in key locations across the United States, could generate data that will help the FDA determine if a donor questionnaire based on individual risk assessment would be as effective as time-based deferrals in reducing the risk of HIV,” McSeveney said.
The Red Cross is participating in the efforts to ensure a new risk-based policy as opposed to a deferral period will keep the blood supply safe, a spokesperson for the non-profit said.
“We are very early in the study – we are currently finalizing the content of the new questions, and developing the specifics of the protocols, including site selection, which then will require government and ethical review board approval,” the spokesperson said. “The results of testing in combination with the responses to the questionnaire will be used to determine the value of the questions in interdicting new HIV infections.”
Based on the limited information of the study, there’s no indication a change will, in fact, follow eliminating the deferral period for gay men entirely in favor of a risk-based assessment.
Sarah Kate Ellis, CEO of GLAAD, said in a statement the pilot study was wholly necessary given medical experts who say any kind of deferral period is “stigma, not science.”
“During the current crisis, the FDA is wasting time and money on a pilot study when all the scientific research and medical authorities plainly state that gay and bi man should not be restricted from donating blood,” Ellis said. “All blood donations, regardless of sexual orientation, are screened to ensure healthy samples and now the American Medical Association, leading elected officials, and more than 600 medical professionals have all done the work for the FDA and unequivocally state that this ban needs to end.”
Lay, caught in the middle of reconsideration of the policy, said he awaits the day when the restrictions are changed so LGBTQ people can finally donate blood at a time when their help is needed.
“Because of this crisis, blood donation centers should not be turning people away at the door who are by all measures qualified donors, risking their health and the health of those around them by their very presence in these spaces,” Lay said. “It is so important that we make this discrepancy between policy and practice known so that we can push for more transparency in blood donation, and hopefully full implementation of the new policy, albeit imperfect.”
District of Columbia
Judge issues revised order in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
A D.C. Superior Court judge on April 30 reinstated an anti-stalking order requested by the Capital Pride Alliance against local gay activist Darren Pasha based on allegations that Pasha engaged in a year-long effort to harass, intimidate, and stalk the organization’s staff, board members, and volunteers.
The reinstated order by Judge Robert D. Okun followed an April 17 court hearing in which he rescinded a similar order he initially approved in February on grounds that more evidence was needed to substantiate the need for the order.
At the time he rescinded the earlier order he scheduled an evidentiary hearing for April 29 at which three Capital Pride staff members testified in support of the anti-stalking order. But Okun discontinued the hearing after Pasha, who was representing himself without an attorney, announced he was willing to accept a revised, less restrictive temporary restraining order.
The judge said Pasha’s decision to accept a restraining order made it no longer necessary to continue the evidentiary hearing. He then asked Capital Pride and Pasha to submit their suggested revisions for the order which they submitted a short time later.
The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a civil complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride staff, board members, and volunteers. It includes a 167-page addendum of “supporting exhibits” that includes multiple statements by unidentified witnesses.
Pasha, who has represented himself without an attorney, has argued in multiple court filings and motions that the stalking allegations are untrue. In his initial court response to the complaint, he said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.
Similar to his earlier anti-stalking order against Pasha, Okun’s reissued order on April 30 states, a “Temporary Anti-Stalking Order is GRANTED, effective immediately and remaining in effect until further order of the Court or final disposition of this matter.”
It adds, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communication, or any other means.”
Unlike the earlier order, which did not identify the “protected persons” by name, the latest order includes a list of 34 people, 13 of whom are Capital Pride staff members or volunteers, including CEO Ryan Bos and Chief Operating Officer June Crenshaw. The other 21 people listed are identified as Capital Pride board members, including board chair Anna Jinkerson.
Possibly because Pasha addressed this in his suggested version of the order, the judge’s revised order says Pasha is allowed to visit the D.C. LGBTQ+ Community Center, where the Capital Pride office is located, if he gives the community center a 24 hour advance notice that he will be visiting the center, which hosts many events unrelated to Capital Pride. The earlier order required him to stay at least 100 feet away from the Capital Pride office.
The new order also prohibits Pasha from attending 21 named events that Capital Pride Alliance either organizes itself or with partner organizations that were scheduled to take place from April 30 through June 21. The order says he is allowed to attend the two largest events, the June 20 Pride Parade and the June 21 Pride Festival and Concert, in which 500,000 or more people are expected to attend.
It says Pasha is also allowed to attend the June 15 Pride At The Pier event organized by the Washington Blade.
But for those three events the order says he is restricted from entering “ticketed and controlled access areas.”
At the April 29 court hearing, Okun also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the civil complaint case brought by Capital Pride without going to trial.
District of Columbia
Both sides propose revised orders in Capital Pride stalking case
Defendant Darren Pasha agreed to accept less restrictive directive
An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.
Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.
Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.
After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.
Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.
He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.
The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.
Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.
The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”
The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.
Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.
But the proposed order Capital Pride at first submitted at the April 29 hearing also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.
At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.
Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”
At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.
In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.
Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.
Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”
“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.
“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.
“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.
“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing. “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”
He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”
This story will be updated when the judge issues his revised stay away order.
Rehoboth Beach
Rehoboth’s Blue Moon sold; new owners to preserve LGBTQ legacy
‘They don’t want to change a thing’
The iconic Blue Moon restaurant and bar in Rehoboth Beach, Del., has been sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan.
Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1.
“They don’t want to change a thing,” Ragan said. “They’re local people, they live here. Dale worked his first job at Dolle’s.”
Ragan and Haney did not sell the business, only the real estate. The deal includes a 10-year lease with renewal options under which Ragan and Haney will continue to operate the Moon. He noted that the couple could opt to sell the business at any time.
“It’s going really well so I’m not in any hurry,” Ragan told the Blade. “It’s hard to run a business and manage a property that’s 120 years old — now someone else has to fix the air conditioning. Our responsibility will be to run the business.”
Ragan offered reassurances that the Moon will continue to be a gay-friendly destination.
“Dale’s comment was that Rehoboth has been good to us and we just want to give back. The Moon is part of Rehoboth’s history and we want to preserve that.”
He said there are no immediate changes planned for the structure, apart from a new roof in the atrium that was damaged in a hail storm. Ragan noted that the property comes with several apartment rental licenses that they have never exercised and the new owners may decide to rent those out.
The Blue Moon business, at 35 Baltimore Ave., dates to 1981 and is an integral part of Rehoboth’s LGBTQ community, hosting countless entertainment events, drag shows, and more over 45 years. Local residents have celebrated birthdays, anniversaries, weddings, and other special occasions in the acclaimed restaurant.
The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million. The bar and restaurant business were being sold separately.
But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer had been found but the sale was not yet final.
Ragan said the issue was the parties couldn’t resolve how much was owed due to a disagreement with the bank. “We didn’t owe $3 million,” he said. “We said we’re not paying any more until we sell.”
The sale contract was written five months ago. It took three attorneys to get a payoff amount agreed to by the bank, he added.
“No one wanted to buy both things. We now have a longterm lease. We couldn’t be happier.”
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