Of course, COVID-19 looms large across this year’s annual Year in Review issue. From the shocking death toll, to the devastating impact on local businesses, to the cancellation of Pride, coronavirus upended all of our lives. Here are the Blade’s staff picks for the top 10 local news stories of 2020.
#10: Va. passes major LGBTQ rights legislation
The Virginia General Assembly, which convened in January 2020 with a Democratic Party majority for the first time in more than two decades, passed several major pro-LGBTQ measures, including an LGBTQ nondiscrimination bill that had been blocked for years under the former Republican controlled legislature.
The Virginia Values Act, which calls for adding sexual orientation and gender identity to the state’s existing civil rights law, was a top legislative priority among LGBTQ advocacy groups. Both houses of the General Assembly passed the measure with bipartisan support.
The General Assembly passed a separate bill banning so-called conversion therapy for minors, making Virginia the first southern state to prohibit the widely discredited practice that seeks to change people’s sexual orientation from gay to straight. All the nation’s professional mental health associations, including the American Psychiatric Association, have said conversion therapy is ineffective and harmful to the mental health of those who undergo the therapy.
Among the other LGBTQ supportive bills the General Assembly approved in 2020 was a measure that repealed Virginia’s statutory ban on same-sex marriage. Although a U.S. Supreme Court ruling legalizing same-sex marriage throughout the country made the statute unenforceable, LGBTQ activists said it should nevertheless be removed from the state’s legal code.
#9: Life and death of Alice Carter
A case study commissioned by the Office of the D.C. Auditor released in August 2020 takes what observers considered an unprecedented in-depth look at a transgender woman’s struggle with drug and alcohol abuse, mental illness, and homelessness and the valiant but unsuccessful attempt by dozens of social services experts from city agencies and community groups to help her over a period of at least a dozen years.
The study, “Lessons From The Life and Death of Alice Carter,” was prepared by the D.C.-based nonprofit group Street Sense Media at the request of D.C. Auditor Kathleen Patterson. Street Sense Media was among several groups, including the LGBTQ organizations Whitman-Walker Health and Casa Ruby, that provided assistance to Carter.
People who knew Carter, who was 35 at the time of her death, said she became a beloved figure among residents and visitors of the 17th Street business strip where she hung out and often slept on the street.
Patterson said she decided to commission the case study of Carter’s life to determine what, if anything different, the city government could do to help people like Carter survive with substance use disorder and mental health issues.
#8: Most gay candidates lose bids for Council, school board
Gay education advocate Allister Chang won his race for a seat on the D.C. State Board of Education in the city’s Nov. 3 general election, becoming the only one of six openly gay candidates to emerge as a winner for seats on the nonpartisan school board and the D.C. Council.
In the race for the Ward 2 D.C. Council seat, incumbent Council member Brooke Pinto (D) defeated gay Advisory Neighborhood Commissioner Randy Downs by a margin of 68.3 percent to 20.6 percent in a four-candidate race. Downs ran as an independent.
Gay Advisory Neighborhood Commissioner Alexander Padro and gay Libertarian Party activist Joe Bishop-Henchman were among 23 candidates competing for two at-large D.C. Council seats, one of which was held by incumbent Council member Robert White (D-At-Large). White finished in first place with 25.9 percent of the vote. Bishop-Henchman finished in 15th place with 0.96 percent of the vote. Padro came in 18th place with 0.7 percent of the vote.
The other two unsuccessful gay candidates ran for an at-large seat on the State Board of Education in a six-candidate race. Gay former teacher and education advocate Mysiki Valentine finished in third place with 19.4 percent of the vote. Gay Howard University Political Science Department Chairman Ravi K. Perry finished in fifth place with 11.3 percent of the vote.
#7: D.C.’s pro-LGBTQ Archbishop promoted to Cardinal
Pope Francis announced in October that he had promoted Washington Archbishop Wilton D. Gregory, who has expressed support for LGBTQ Catholics, to the rank of cardinal, making him the first black cardinal in the United States.
Gregory, 73, became Washington’s archbishop in May 2019 after having served as the archbishop of Atlanta for 14 years and where he spoke out on several occasions in support of the LGBTQ community.
Gregory drew attention in D.C. in August 2019 when he told a transgender man during a gathering of young Catholics that the man was welcome in the Catholic Church. His comment came in response to a question by the trans man, who asked Gregory, “What place do I have as a confirmed transgender Catholic and what place do my queer friends have here in this archdiocese?”
“You belong to the heart of this church,” Gregory replied. “There is nothing that you may do, may say, that will ever rip you from the heart of this church.”
#6: Three long-time gay clubs close
The DC Eagle and Ziegfeld’s-Secrets, two of D.C.’s longest operating gay bars, and the Crew Club, the D.C. gym, sauna and bathhouse for gay men that operated near Logan Circle for more than 25 years, closed in 2020 with prospects for their possible reopening uncertain.
Sources familiar with the DC Eagle and Ziegfeld’s-Secrets say their closing does not appear to be related to the COVID pandemic. The Eagle’s majority co-owner filed for Chapter 7 bankruptcy following financial difficulties that began long before COVID. Gay businessman Mark Hunker has purchased the legal rights to the Eagle’s name and trademark and has hinted he may consider reopening it.
Ziegfeld’s-Secrets, which featured popular drag shows and nude male dancers, was forced to close when the owner of the building it rented terminated its lease to make way for a real estate development project. The club reportedly is looking for another location but it is uncertain when or if a suitable new space can be found.
Crew Club co-owner DC Allen said he and co-owner Ken Flick, his husband, retired earlier this year. The two entered a business arrangement just prior to COVID with others who were going to operate the club with Allen and Flick remaining as partners. But when COVID restrictions resulted in the forced closing of gyms and other similar establishments, the group that planned to operate the club withdrew. Allen and Flick have since placed the Crew Club building, which they own, up for sale and do not plan to reopen the club.
#5: LGBTQ activists respond to calls to defund D.C. police
LGBTQ activists in D.C. expressed strong support for the Black Lives Matter movement’s calls for reform in the nation’s police departments on racial justice issues, but most local activists said they do not support calls by some for fully defunding the D.C. police department.
Some local activists pointed out that LGBTQ people, especially transgender women of color, have been subjected to anti-LGBTQ hate crimes and other violent crime to a greater degree than other population groups. They said fully defunding the police could place LGBTQ people in danger.
Rehana Mohammed, chair of the DC LGBTQ Center’s board of directors, told a D.C. Council hearing in June that the Center opposed a proposal by the mayor to increase the D.C. police budget by $18.5 million in 2021.
“We recommend instead investing those funds in community safety, social services, violence interruption programs, and community support programs,” Mohammed said. “The current strategies of creating reforms and increasing funding are simply not working,” she said.
#4: D.C. Council passes, mayor signs two LGBTQ bills
The year 2020 saw the D.C. Council pass and Mayor Muriel Bowser sign two bills considered a top priority by LGBTQ activists.
The Care for LGBTQ Seniors and Seniors with HIV Amendment Act of 2020, which the Council passed in October, provides nondiscrimination protections for LGBTQ seniors who reside in long-term care facilities in the District.
The Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, approved by the Council in December, bans the use of the so-called gay and transgender panic defense in criminal trials. The legislation also strengthens the city’s existing hate crimes law.
LGBTQ advocates say a ban on the panic defense is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity is to blame for a defendant’s criminal act, including murder. Defense 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 violent way as a form of self-defense.
#3: D.C. Council member Jack Evans resigns
D.C. Council member Jack Evans (D-Ward 2), one of the Council’s strongest supporters of the LGBTQ community during his 29 years in office, lost his attempt to win back his seat in the city’s June 2 Democratic primary after he resigned from the seat in January.
Evans’ resignation came after all 12 of his Council colleagues made it clear they would vote to expel him from office in response to a Council investigation that found he violated multiple ethics rules when he allegedly used his office to assist companies that paid him hundreds of thousands of dollars in consulting fees.
Evans acknowledged he made some mistakes but denied any wrongdoing and insisted he did not violate any laws. Ten days after his resignation he announced his candidacy for the seat he had just given up in the Ward 2 Democratic primary. But when the June 2 primary votes were counted Evans came in seventh place in an eight-candidate race with just 3.4 percent of the vote.
#2: DC Pride events cancelled
Like other cities across the country, organizers of D.C.’s annual Capital Pride Parade and Festival, which are normally held in June and which draw over 200,000 participants, cancelled the events this year due to restrictions on public gatherings brought about by the coronavirus pandemic.
Ashley Smith, president of the Capital Pride Alliance board, said the organization would postpone some of its virtual events so that it could focus on its support for Black Lives Matter protests and advocacy work to fight police brutality and racism.
Capital Pride Alliance joined forces with the D.C. Center for the LGBT Community to hold an alternate Pride event on Oct. 10 called the Out Brigade. The event included a caravan of cars and other vehicles decorated with LGBTQ Pride related signs or ornaments that traveled across the city.
#1: D.C. hit hard by COVID
In addition to the staggering death toll of the coronavirus — more than 300,000 American lives lost as of mid-December — the disease wreaked havoc on small businesses in D.C. and across the country. More than a dozen bars, restaurants and nightclubs in the nation’s capital with a mostly LGBTQ clientele and at least seven nonprofit groups that provide services for D.C. area LGBTQ youth and adults say they were hit hard financially in 2020 by the COVID-19 pandemic.
Activists have long considered gay bars to be important meeting places for LGBTQ people who often cannot be out or open at work or at home. The possibility of these clubs being forced out of business, just like dozens of other D.C. bars, restaurants and nightclubs facing financial hardship from the epidemic, could have a greater detrimental impact on LGBTQ people, activists said.
Meanwhile, local LGBTQ supportive nonprofit groups like Casa Ruby, Whitman-Walker Health, SMYAL, HIPS, Wanda Alston Foundation, Us Helping Us, and Food and Friends said the pandemic disrupted their fundraising efforts while increasing expenses, at least in part by prompting more people to come to them for help.
LGBTQ workers in the D.C. area hospitality industry were also hit hard by COVID related restrictions in 2020, especially those working for hotels and restaurants that were forced to close. LGBTQ people were among many hospitality industry workers furloughed or laid off from their jobs due to the COVID shutdowns and restrictions.
Honorable Mention: Blade, Tagg oppose ad tax
The Washington Blade and Tagg magazine, the local publication that covers issues of interest to lesbians of color, joined the Washington Informer, one of D.C.’s two African-American newspapers, in calling on the D.C. Council to drop a 3 percent sales tax on advertising that it approved in a preliminary vote on July 7.
In response to a groundswell of opposition to the proposed advertising sales tax from local media outlets and small businesses that rely on advertising in newspapers, the Council two weeks later voted 11 to 2 to remove the tax from the city’s Fiscal Year 2021 budget. A request to remove the tax came from Council Chair Phil Mendelson (D-At-Large), who had introduced and backed the proposal at the time of its preliminary approval.
Mendelson said he reversed his position after hearing the outcry from small publications, including the Blade, that such a tax would force some outlets to lay off more employees and would force other media outlets to close as they struggled to survive amid the COVID pandemic.
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.
Un hogar para jóvenes LGBTQ en abandono ya funciona en El Salvador
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