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Liquor board refers Nellie’s case to D.C. attorney general

Report says fights began before Black woman was dragged down stairs

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A screenshot of Keisha Young being dragged down the stairs by her hair at Nellie’s on June 13.

The D.C. Alcoholic Beverage Control Board on Wednesday asked the Office of the D.C. Attorney General to continue an investigation into allegations that a security officer at Nellie’s Sport Bar dragged a Black woman down a flight of stairs during a fight between security officers and other customers during the early morning hours of June 13.

The ABC Board made its referral to the office headed by D.C. Attorney General Karl Racine after it received a lengthy report about the Nellie’s incident from the city’s Alcoholic Beverage Regulation Administration (ABRA), which conducted its own investigation into the incident.

The 24-page ABRA report, which includes 19 pages of addendums, including D.C. police reports and summaries of witness interviews, accuses Nellie’s of being in violation of the D.C. Code pertaining to its liquor license by failing to follow proper procedures during an outbreak of violence on its premises.

ABRA spokesperson Aaron King told the Washington Blade the Office of the Attorney General will make the final determination on whether Nellie’s and its staff violated D.C. law or regulations pertaining to the Nellie’s incident. King said that if the OAG finds that violations did occur the ABC Board could then hold a Show Cause Hearing to determine whether to impose a monetary fine and/or suspend or revoke Nellie’s liquor license.

The public version of the report released on June 30 by ABRA includes dozens of blacked out names of witnesses and the names of one or more investigators who interviewed them.

The report and the investigation that prompted it came about after the release of a video by a Nellie’s patron on Instagram that captured the Nellie’s security guard dragging customer Keisha Young, 22, by her hair down a flight of stairs. The video, which went viral on social media, prompted expressions of outrage by LGBTQ activists and local LGBTQ and racial justice organizations, several of which joined forces to hold protests outside Nellie’s over the following two weeks.

Nellie’s released a statement Thursday night pointing out that the ABRA report also found the altercation began when “Nellie’s staff” were assaulted after they asked a group of patrons who reportedly brought in their own bottle of liquor to leave the establishment.

“Consumption of outside alcohol is against Nellie’s longstanding policy,” the statement says. “We don’t condone what followed and we terminated the security company responsible, closed the establishment for a period to further investigate and move forward with additional training and a new security company,” according to the statement, which adds, “We fully cooperated with ABRA on its investigation.”

Some of the groups participating in the protests outside Nellie’s in the weeks since the June 13 incident are calling for Nellie’s to close permanently regardless of what, if any, action ABRA or the ABC Board takes against Nellie’s, which has long been considered one of D.C.’s popular LGBTQ bars.

And some of the groups, including Harriet’s Wildest Dreams, a Black-led community defense group headed by Makia Green, who describes themself as a “queer trans non-binary Black liberation organizer,” have alleged that Nellie’s has a history of bias against people of color despite the fact that many of Nellie’s customers have been African-American men and women, LGBTQ and straight.

Preston Mitchum, a D.C. attorney and co-chair of the board of the local group Collective Action for Safe Spaces (CASS), said that as a former Nellie’s patron he observed practices by the Nellie’s staff and management that he believes were racially biased against Black customers long before the incident involving Keisha Young.

On the day following the incident, Nellie’s issued a statement saying it had immediately dismissed the private security company whose employee was shown on the video dragging Young down the stairs. Nellie’s also apologized for the incident, but did not specifically apologize to Young, prompting further expressions of concern by activists and Young herself, who said she was injured during the incident.

An attorney representing Young said he expected to file a lawsuit on her behalf against Nellie’s seeking damages for the injuries and emotional distress to which she allegedly was subjected during the incident.

The ABRA report states that an ABRA investigator, whose name is blacked out in the public version of the report, “determined that on Sunday, June 13, 2021, Nellie’s Restaurant & Bar, located at 900 U Street, N.W., Washington, D.C., was in violation of D.C. Official Code 25-823(a)(2).” The report adds, “Specifically, multiple assaults occurred inside the establishment while the licensee was engaged in a method of operation conducive to unlawful conduct. This determination was based on a review of Metropolitan Police Department (MPD) PD-251 reports, staff interviews, and surveillance from the establishment.”

The report also includes detailed accounts of statements made to ABRA investigators by Nellie’s customers, employees and the Nellie’s owner, who is not identified in the report but is widely known to be Douglas Schantz, a D.C. resident who lives within walking distance of Nellie’s.

In addition, the report includes a detailed description of video surveillance footage taken from Nellie’s own security cameras. It says the Nellie’s video shows that Young, who is not identified by name, had been involved in a fight with at least one other Nellie’s customer before she was dragged down the stairs by the security guard.

“The complainant of assault identified as [redacted name] wearing a blue outfit and long blond braids is seen at 1:29:32 a.m. at the bottom righthand corner of the frame,” the report says. “[Redacted named] is observed having words with another patron and then pushing [redacted name] and then punching him multiple times in the back of the head.”

Brandon Burrell, an attorney representing Young, has told media outlets that the security officers and Nellie’s employees appear to have mistook Young for another woman who reportedly brought into the bar a bottle of liquor, which prompted security to demand that those involved in drinking the outside liquor leave Nellie’s.

Burrell has also said that prior to her being pulled down the stairs Young got into an altercation with another security guard in an attempt to stop the guard from assaulting her cousin.  

The ABRA report says the action by the security officers and a Nellie’s bartender to eject the patrons who reportedly brought in a bottle of Bacardi Limon and who were “consuming shots blatantly in front of the bar” from that bottle triggered the altercation that led to Young being dragged down the stairs.

Included in the ABRA report is a copy of a June 16 letter that D.C. Police Chief Robert J. Contee III sent to ABRA Director Fred Moosally expressing concern about Nellie’s handling of the altercation and calling on Moosally to open an ABRA investigation. Contee told Moosally in his letter that he learned details about the incident from patrons and others who filed police reports about the altercation, including a police report filed by Young on June 14 at the department’s Third District Station.

“Most concerning about this incident is that at no time did Nellie’s Sports Bar staff, management or ownership make any effort to contact the MPD to report the incident or to self-report the ABRA-related incident,” Contee states in his letter. “Instead, Nellie’s Sports Bar carried on with business as usual,” his letter says.

“Later that day, the incident apparently prompted an unscheduled First Amendment assembly in front of the establishment, which drew over a hundred protesters,” Contee wrote in his letter. “During this demonstration, Nellie’s Sports Bar ejected all patrons, locked their doors and closed for business.”

Later that day, Nellie’s announced it was temporarily closing while continuing to pay its employees and while contemplating how best to respond to the incident involving Young and the protests. The establishment has remained closed since that time.

The statement released by Nellie’s through its attorney Andrew Kline on Thursday night disputes Contee’s claim that Nellie’s didn’t call the police during the June 13 altercation.

“According to the ABRA report and contrary to published reports, and even MPD, Nellie’s personnel DID immediately notify MPD as this incident was occurring,” the statement says. “We will continue to work to identify and address all factors which may have given rise to this incident so that Nellie’s will be a safe and welcoming atmosphere for all,” says the statement.

It concludes by saying, “We plan to meet privately with several groups who have expressed concern about our operation so we might best understand all of the issues involved.”

The police report filed by Young lists the incident in which she was dragged down the stairs at Nellie’s as an “assault with significant bodily injury.”

 Gay nightlife advocate Mark Lee said the action by ABRA and the ABC Board in response to the Nellie’s incident is standard practice seen when altercations surface at other establishments. 

“ABC Board referral to the Office of the Attorney General is a commonly standard procedure in cases of this type and does not represent a finding or judgement in the matter,” Lee told the Blade. “As unfortunate as on-premise patron altercations are, they do sometimes occur at local establishments and are subject to review by both the ABC Board and OAG,” Lee said.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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District of Columbia

Catching up with the asexuals and aromantics of D.C.

Exploring identity and finding community

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Local asexuals and aromantics met recently on the National Mall.

There was enough commotion in the sky at the Blossom Kite Festival that bees might have been pollinating the Washington Monument. I despaired of quickly finding the Asexuals and Aromantics of the Mid-Atlantic—I couldn’t make out a single asexual flag among the kites up above. I thought to myself that if it had been the Homosexuals of the Mid-Atlantic I would’ve had my gaydar to rely on. Was there even such a thing as ace-dar?

As it turned out, the asexual kite the group had meant to fly was a little too pesky to pilot. “Have you ever used a stunt kite?” Bonnie, the event organizer asked me. “I bought one. It looked really cool. But I can’t make it work.” She sighed. “I can’t get the thing six feet off the ground.” The group hardly seemed to care. There was caramel popcorn and cookies, board games and head massages, a game of charades with more than its fair share of Pokémon. The kites up above might as well have been a coincidental sideshow. Nearly two dozen folks filtered in and out of the picnic throughout the course of the day.

But I counted myself lucky that Bonnie picked me out of the crowd. If there’s such a thing as ace-dar, it eludes asexuals too. The online forum for all matters asexual, AVEN, or the Asexual Visibility and Education Network, is filled with laments: “I don’t think it’s possible.” “Dude, I wish I had an ace-dar.” “If it exists, I don’t have it.” “I think this is just like a broken clock is right twice a day type thing.” What seems to be a more common experience is meeting someone you just click with—only to find out later that they’re asexual. A few of the folks I met described how close childhood friends of theirs likewise came out in adulthood, a phenomenon that will be familiar to many queer people. But it is all the more astounding for asexuals to find each other this way, given that asexual people constitute 1.7% of sexual minorities in America, and so merely .1% of the population at large. 

To help other asexuals identify you out in the world, some folks wear a black ring on their middle finger, much as an earring on the right ear used to signify homosexuality in a less welcoming era. The only problem? The swinger community—with its definite non-asexuality—has also adopted the signal. “It’s still a thing,” said Emily Karp. “So some people wear their ace rings just to the ace meet-ups.” Karp has been the primary coordinator for the Asexuals and Aromantics of the Mid-Atlantic (AAMA) since 2021, and a member of the meet-up for a decade. She clicked with the group immediately. After showing up for a Fourth of July potluck in the mid-afternoon, she ended up staying past midnight. “We played Cards against Humanity, which was a very, very fun thing to do. It’s funny in a way that’s different than if we were playing with people that weren’t ace. Some of the cards are implying, like, the person would be motivated by sex in a way that’s absurd, because we know they aren’t.” 

Where so many social organizations withered during the pandemic, the AAMA flourished. Today, it boasts almost 2,000 members on meetup.com. Karp hypothesized that all the social isolation gave people copious time to reflect on themselves, and that the ease of meeting up online made it convenient as a way for people to explore their sexual identity and find community. Online events continue to make up about a third of the group’s meet-ups. The format allows people to participate who live farther out from D.C. And it allows people to participate at their preferred level of comfort: while many people participate much as they would at an in-person event, some prefer to watch anonymously, video feed off. Others prefer to participate in the chat box, though not in spoken conversation.

A recent online event was organized for a discussion of Rhaina Cohen’s book, “The Other Significant Others,” published in February. Cohen’s book discusses friendship as an alternative model for “significant others,” apart from the romantic model that is presupposed to be both the center and goal of people’s lives. The AAMA group received the book with enthusiasm. “It literally re-wired my brain,” as one person put it. People discussed the importance of friendship to their lives, and their difficulties in a world that de-prioritized friendship. “I can break up with a friend over text, and we don’t owe each other a conversation,” one said. But there was some disagreement when it came to the book’s discussion of romantic relationships. “It relegates ace relationships to the ‘friend’ or ‘platonic’ category, to the normie-reader,” one person wrote in the chat. “Our whole ace point is that we can have equivalent life relationships to allo people, simply without sex.” (“Allo” is shorthand for allosexual or alloromantic, people who do experience sexual or romantic attraction.)

The folks of the AAMA do not share a consensus on the importance of romantic relationships to their lives. Some asexuals identify as aromantic, some don’t. And some aromantics don’t identify as asexual, either. The “Aromantic” in the title of the group is a relatively recent addition. In 2017, the group underwent a number of big changes. The group was marching for the first time in D.C. Pride, participating in the LGBTQ Creating Change conference, and developing a separate advocacy and activism arm. Moreover, the group had become large enough that discussions were opened up into forming separate chapters for D.C., Central Virginia, and Baltimore. During those discussions, the group leadership realized that aromantic people who also identified as allosexual didn’t really have a space to call their own. “We were thinking it would be good to probably change the name of the Meetup group,” Emily said. “But we were not 100% sure. Because [there were] like 1,000 people in the group, and they’re all aces, and it’s like, ‘Do you really want to add a non-ace person?’” The group leadership decided to err on the side of inclusion. “You know, being less gatekeep-y was better. It gave them a place to go — because there was nowhere else to go.”

The DC LGBT Center now sponsors a support group for both asexuals and aromantics, but it was formed just a short while ago, in 2022. The founder of the group originally sought out the center’s bisexual support group, since they didn’t have any resources for ace folks. “The organizer said, you know what, why don’t we just start an ace/aro group? Like, why don’t we just do it?” He laughed. “I was impressed with the turnout, the first call. It’s almost like we tapped into, like, a dam. You poke a hole in the dam, and the water just rushes out.” The group has a great deal of overlap with the AAMA, but it is often a person’s first point of contact with the asexual and aromantic community in D.C., especially since the group focuses on exploring what it means to be asexual. Someone new shows up at almost every meeting. “And I’m so grateful that I did,” one member said. “I kind of showed up and just trauma dumped, and everyone was really supportive.”

Since the ace and aro community is so small, even within the broader queer community, ace and aro folks often go unrecognized. To the chagrin of many, the White House will write up fact sheets about the LGBTQI+ community, which is odd, given that when the “I” is added to the acronym, the “A” is usually added too. OKCupid has 22 genders and 12 orientations on its dating website, but “aromantic” is not one of them — presumably because aromantic people don’t want anything out of dating. And since asexuality and aromanticism are defined by the absence of things, it can seem to others like ace and aro people are ‘missing something.’ One member of the LGBT center support group had an interesting response. “The space is filled by… whatever else!” they said.  “We’re not doing a relationship ‘without that thing.’ We’re doing a full scale relationship — as it makes sense to us.”

CJ Higgins is a postdoctoral fellow with the Alexander Grass Humanities Institute at Johns Hopkins University.

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District of Columbia

Bowser budget proposal calls for $5.25 million for 2025 World Pride

AIDS office among agencies facing cuts due to revenue shortfall

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D.C. Mayor Muriel Bowser’s proposed 2025 budget includes a request for $5.25 million in funding to support the 2025 World Pride celebration. (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser’s proposed fiscal year 2025 budget includes a request for $5.25 million in funding to support the June 2025 World Pride celebration, which D.C. will host, and which is expected to bring three million or more visitors to the city.

The mayor’s proposed budget, which she presented to the D.C. Council for approval earlier this month, also calls for a 7.6 percent increase in funding for the Mayor’s Office of LGBTQ Affairs, which amounts to an increase of $132,000 and would bring the office’s total funding to $1.7 million. The office, among other things, provides grants to local organizations that provide  services to the LGBTQ community.

Among the other LGBTQ-related funding requests in the mayor’s proposed budget is a call to continue the annual funding of $600,000 to provide workforce development services for transgender and gender non-conforming city residents “experiencing homelessness and housing instability.” The budget proposal also calls for a separate allocation of $600,000 in new funding to support a new Advanced Technical Center at the Whitman-Walker Health’s Max Robinson Center in Ward 8.

Among the city agencies facing funding cuts under the mayor’s proposed budget is the HIV/AIDS, Hepatitis, Sexually Transmitted Disease, and Tuberculosis Administration, known as HAHSTA, which is an arm of the D.C. Department of Health. LGBTQ and AIDS activists have said HAHSTA plays an important role in the city’s HIV prevention and support services. Observers familiar with the agency have said it recently lost federal funding, which the city would have to decide whether to replace.

“We weren’t able to cover the loss of federal funds for HAHSTA with local funds,” Japer  Bowles, director of the Mayor’s Office of LGBTQ Affairs, told the Washington Blade. “But we are working with partners to identify resources to fill those funding  gaps,” Bowles said.

The total proposed budget of $21 billion that Bowser submitted to the D.C. Council includes about $500 million in proposed cuts in various city programs that the mayor said was needed to offset a projected $700 million loss in revenue due, among other things, to an end in pandemic era federal funding and commercial office vacancies also brought about by the post pandemic commercial property and office changes.

Bowser’s budget proposal also includes some tax increases limited to sales and business-related taxes, including an additional fee on hotel bookings to offset the expected revenue losses. The mayor said she chose not to propose an increase in income tax or property taxes.

Earlier this year, the D.C. LGBTQ+ Budget Coalition, which consists of several local LGBTQ advocacy organizations, submitted its own fiscal year 2025 budget proposal to both Bowser and the D.C. Council. In a 14-page letter the coalition outlined in detail a wide range of funding proposals, including housing support for LGBTQ youth and LGBTQ seniors; support for LGBTQ youth homeless services; workforce and employment services for transgender and gender non-conforming residents; and harm reduction centers to address the rise in drug overdose deaths.

Another one of the coalition’s proposals is $1.5 million in city funding for the completion of the D.C. Center for the LGBTQ Community’s new building, a former warehouse building in the city’s Shaw neighborhood that is undergoing a build out and renovation to accommodate the LGBTQ Center’s plans to move in later this year. The coalition’s budget proposal also calls for an additional $300,000 in “recurring” city funding for the LGBTQ Center in subsequent years “to support ongoing operational costs and programmatic initiatives.”

Bowles noted that Bowser authorized and approved a $1 million grant for the LGBTQ Center’s new building last year but was unable to provide additional funding requested by the budget coalition for the LGBTQ Center for fiscal year 2025.

“We’re still in this with them,” Bowles said. “We’re still looking and working with them to identify funding.”

The total amount of funding that the LGBTQ+ Budget Coalition listed in its letter to the mayor and Council associated with its requests for specific LGBTQ programs comes to $43.1 million.

Heidi Ellis, who serves as coordinator of the coalition, said the coalition succeeded in getting some of its proposals included in the mayor’s budget but couldn’t immediately provide specific amounts.  

“There are a couple of areas I would argue we had wins,” Ellis told the Blade. “We were able to maintain funding across different housing services, specifically around youth services that affect folks like SMYAL and Wanda Alston.” She was referring to the LGBTQ youth services group SMYAL and the LGBTQ organization Wanda Alston Foundation, which provides housing for homeless LGBTQ youth.

“We were also able to secure funding for the transgender, gender non-conforming workforce program,” she said. “We also had funding for migrant services that we’ve been advocating for and some wins on language access,” said Ellis, referring to programs assisting LGBTQ people and others who are immigrants and aren’t fluent in speaking English.

Ellis said that although the coalition’s letter sent to the mayor and Council had funding proposals that totaled $43.1 million, she said the coalition used those numbers as examples for programs and policies that it believes would be highly beneficial to those in the LGBTQ community in need.

 “I would say to distill it down to just we ask for $43 million or whatever, that’s not an accurate picture of what we’re asking for,” she said. “We’re asking for major investments around a few areas – housing, healthcare, language access. And for capital investments to make sure the D.C. Center can open,” she said. “It’s not like a narrative about the dollar amounts. It’s more like where we’re trying to go.”

The Blade couldn’t’ immediately determine how much of the coalition’s funding proposals are included in the Bowser budget. The mayor’s press secretary, Daniel Gleick, told the Blade in an email that those funding levels may not have been determined by city agencies.

“As for specific funding levels for programs that may impact the LGBTQ community, such as individual health programs through the Department of Health, it is too soon in the budget process to determine potential adjustments on individual programs run though city agencies,” Gleick said.

But Bowles said several of the programs funded in the mayor’s budget proposal that are not LGBTQ specific will be supportive of LGBTQ programs. Among them, he said, is the budget’s proposal for an increase of $350,000 in funding for senior villages operated by local nonprofit organizations that help support seniors. Asked if that type of program could help LGBTQ seniors, Bowles said, “Absolutely – that’s definitely a vehicle for LGBTQ senior services.”

He said among the programs the increased funding for the mayor’s LGBTQ Affairs office will support is its ongoing cultural competency training for D.C. government employees. He said he and other office staff members conduct the trainings about LGBTQ-related issues at city departments and agencies.

Bowser herself suggested during an April 19 press conference that local businesses, including LGBTQ businesses and organizations, could benefit from a newly launched city “Pop-Up Permit Program” that greatly shortens the time it takes to open a business in vacant storefront buildings in the downtown area.

Bowser and Nina Albert, D.C. Deputy Mayor for Planning and Economic Development, suggested the new expedited city program for approving permits to open shops and small businesses in vacant storefront spaces could come into play next year when D.C. hosts World Pride, one of the word’s largest LGBTQ events.

“While we know that all special events are important, there is an especially big one coming to Washington, D.C. next year,” Bowser said at the press conference. “And to that point, we proposed a $5.25 million investment to support World Pride 2025,” she said, adding, “It’s going to be pretty great. And so, we’re already thinking about how we can include D.C. entrepreneurs, how we’re going to include artists, how we’re going to celebrate across all eight wards of our city as well,” she said.

Among those attending the press conference were officials of D.C.’s Capital Pride Alliance, which will play a lead role in organizing World Pride 2025 events.

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