Local
Gay men arrested under Md. sodomy law in adult bookstore raid
Attorney says prosecutors enforcing unconstitutional measure
Harford County, Md., Sheriff’s Office deputies arrested four men on a charge of Perverted Sexual Practice under the state’s sodomy law during a May 20 raid on the Bush River Books & Video store in the town of Abington, located 25 miles north of Baltimore.
A statement released by the Sheriff’s Office to the Washington Blade, at the Blade’s request, says a total of nine arrests were made during the May 20 “operation,” which the statement says was prompted by complaints about the adult store by nearby residents and some of its patrons.
According to the statement, among the nine men arrested, three were charged only with Perverted Sexual Practice, one was charged with Perverted Sexual Practice and Indecent Exposure, four were charged only with indecent exposure, and one was charged with Solicitation of Prostitution.
A friend of one of the arrested men told the Blade that his friend rented one of the store’s private video rooms and was with another male friend inside the room when sheriff’s deputies “in full riot gear unlocked his room and arrested him and his friend” on a charge of indecent exposure.
“They spent the night in jail and were badly treated,” said the friend who spoke with the Blade.
A sign on the outside of the Bush River Books & Video store says the store has four theaters on its premises. Sources familiar with the store have said it also charges a fee to rent small video rooms with doors that lock from the inside, where adult videos can be viewed on small video screens.
The store’s owner did not respond to a request by the Blade for comment.
Attorney Greg Nevins, who serves as senior counsel for the national LGBTQ litigation organization Lambda Legal, said the 2003 U.S. Supreme Court decision known as Lawrence v. Texas struck down state sodomy laws like the Maryland law as unconstitutional pertaining to consenting adults in a private setting.
Aside from the Supreme Court ruling, the Maryland General Assembly last year approved legislation repealing the state’s sodomy law known as the Maryland Unnatural or Perverted Sexual Practice Act.
But Nevins said the online legal reference site WestLaw, which keeps track of state laws throughout the country, shows that the Maryland Perverted Sexual Practice Act was still on the books, leading him to speculate that only part of the law may have been repealed.
The Maryland General Assembly is currently in recess and the Blade couldn’t immediately reach a spokesperson for lawmakers who worked on the repeal bill to confirm whether all or just part of the sodomy law was repealed.
Nevins said a subsequent ruling in 2013 handed down by the U.S. Court of Appeals for the 4th Circuit, which includes Maryland and Virginia, reconfirmed the Supreme Court’s Lawrence decision. He said the 2013 ruling “declared that all laws that have as their only element the act of oral or anal sex are facially unconstitutional” and should not be enforced under circumstances similar to the Maryland bookstore arrests.
“There are cases around the country discussing whether certain areas are private, usually focusing on whether the participants had a reasonable expectation of privacy,” Nevins said. He noted that the Supreme Court’s Lawrence decision and subsequent appeals court rulings have considered claims by police and prosecutors that court rulings overturning sodomy laws should not be interpreted to allow sexual activity in public places.
But Nevins said a strong legal case could be made that a private video room with a locked door such as the ones at Bush River Books and Video store should hold the same degree of presumed privacy as that of a rented hotel room.
A spokesperson for Harford County State’s Attorney Albert J. Peisinger, who serves as the county’s lead prosecutor, said his office would have no comment on whether prosecutors or the Sheriff’s Office have legal authority to make arrests and prosecute cases on the charge of Perverted Sexual Practice if that statute was repealed or struck down as unconstitutional.
“It is the policy of this office to make no comment on pending matters of investigations, including any underlying legal theories,” said spokesperson Gavin Patashnick. “That said, I would be happy to have a more substantive discussion regarding the bookstore once these cases have concluded,” he said.
Patashnick also declined to say whether his office dropped charges against two of the nine men arrested in the bookstore raid, whose cases could not be found in the online court records for the Harford County District Court, where the cases for six of the nine arrested men have appeared.
Of the six cases the Blade found in the online court records, just one was for the charge of Perverted Sexual Practice. The court records show that each of the six men whose cases were found in the online records, including the man charged with Perverted Sexual Practice, were scheduled to go on trial on Aug. 2 for their respective charges, which are misdemeanors.
Bradley Clark, an attorney for the Harford County Public Defender’s office who is representing one of the arrested men charged with indecent exposure, told the Blade that arrests of defendants that do not appear in the public court records usually indicate the case was dropped by prosecutors or dismissed by a judge.
Clark agreed with Nevins that the men charged in the bookstore raid with Perverted Sexual Practice should have a strong legal case to challenge the arrests under the Lawrence Supreme Court ruling and other court rulings declaring sodomy laws unconstitutional.
The statement released to the Blade by Harford County Sheriff’s Office spokesperson Kyle Andersen, in contrast to the State’s Attorney’s office, provided considerable details in support of the arrests.
“In the past several months, we have received an increased number of concerns and allegations of a wide variety of illegal activity occurring at Bush River Books and Video in the 3900 block of Pulaski Highway in Abingdon from citizens and patrons of the business,” the statement says.
“We take all citizen concerns seriously, and there is an active investigation into these concerns,” the statement continues. “Recently, members of our Special Operations Division have taken part in a handful of operations at that location, in an attempt to curb these illegal activities. On May 20, 2021, such an operation occurred,” it says.
“During that operation, an undercover deputy entered the premises and observed a variety of illegal sexual activities that were occurring on the premises,” the statement says. “Additionally, an additional undercover female deputy was approached and solicited for prostitution. At the conclusion of the operation, nine individuals were charged,” the statement concludes.
An online search using the name of the Bush River Books and Video store leads to media reports, including a January 2012 article in the Baltimore Sun, showing the store has been the target of law enforcement crackdowns for at least a decade. The 2012 Sun story reports that a Catholic priest was among the men arrested at the store during one of the 2012 Sheriff’s Office raids.
A search by the Blade also led to an online petition posted on the Change.com website calling on Harford County Executive Barry Glassman and the Harford County Council to “shut down” Bush River Books and Video store on grounds that “illegal activity” takes place there.
“We are asking the county to charge the owners of the store with the crimes that are being allowed to continue there, and to shut down this nuisance to our neighborhood,” said Abingdon resident Heather Cantos, who states in the web posting that she started the petition.
One of the arrested gay men, who spoke to the Blade on condition that he not be identified, said he was aware that the store has been the subject of law enforcement crackdowns in the past.
“But, you know, I went inside and was hooking up with someone and the next thing I know, eight of us were against the wall with handcuffs with plastic zip ties on them,” he said. “And we all spent the night in jail. I was released at like six o’clock in the morning,” he said.
He added, “I don’t know why people have a problem with this. We go there to meet people like us.”
Jeremy LaMaster, executive director of the Maryland statewide LGBTQ advocacy group Free State Justice, said he was not aware of the Bush River Books & Video arrests until contacted about the arrests by the Blade. He said Free State Justice would consider what, if any action, the organization might take in response to the reports that gay men were being arrested and prosecuted on sodomy related charges.
Upper Chesapeake Bay Pride, an organization that, according to its website, “provides unwavering advocacy and support for queer (LGBTQIA+ people, communities, and their families in Cecil and Harford counties,” did not reply to messages left by the Blade seeking comment on the arrests of gay men at the adult bookstore.
Virginia
McPike prevails in ‘firehouse’ Dem primary for Va. House of Delegates
Gay Alexandria Council member expected to win 5th District seat
Gay Alexandria City Council member Kirk McPike emerged as the clearcut winner in a hastily called Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates representing Alexandria.
McPike, who was one of two gay candidates running in the four-candidate primary, received 1,279 votes or 60.5 percent, far ahead of gay public school teacher Gregory Darrall, a political newcomer who received 60 votes or 3 percent.
Former Alexandria City School Board member Eileen Cassidy Rivera came in second place with 508 votes or 24 percent and Northern Virginia criminal law defense attorney Chris Leibig finished in third place with 265 votes or 12.5 percent.
Each of the candidates expressed strong support for LGBTQ-related issues.
With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in the Feb. 10 special election to fill the 5th District House of Delegates seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).
Bennett-Parker won the Democratic nomination for the Virginia State Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from his seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.
Bennett-Parker won the nomination for Ebbin’s state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.
McPike, a longtime LGBTQ rights advocate, first won election to the Alexandria City Council in 2021. He has served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He told the Washington Blade he will continue as chief of staff until next month, when he will resign from that position before taking office in the House of Delegates.
He received the endorsement of Ebbin, U.S. Rep. Don Beyer (D-Va.), and the LGBTQ Victory Fund in his race for the 5th District Va. House seat. Being an overwhelmingly Democratic district, virtually all political observers expect McPike to win the Feb. 10 special election.
He will be running against Republican nominee Mason Butler, a local business executive who emerged as the only GOP candidate running for the delegate seat.
“Thank you to the voters of Alexandria for choosing me as the Democratic nominee in the House of Delegates District 5,” McPike said in a statement released shortly after the vote count was completed. “It is an incredible honor to have the opportunity to fight for our community and its values in Richmond,” he said.
“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” he stated.
He praised Ebbin for his longstanding support for the LGBTQ community in the Virginia Legislature and added, “If elected to the House of Delegates in the Feb. 10 general election, I will continue to fight to protect the rights and freedoms of LGBTQ+ Virginians from my new position in Richmond.”
Gay candidate Darrall’s campaign website said he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.
“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement said.
District of Columbia
Sold-out crowd turns out for 10th annual Caps Pride night
Gay Men’s Chorus soloist sings National Anthem, draws cheers
A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.
Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.
The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.
The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.
“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.
Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22
A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.
Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.
“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.
Virginia
Two gay candidates running in ‘firehouse’ Va. House of Delegates primary in Alexandria
Kirk McPike, Gregory Darrall hope to succeed delegate vying for Ebbin’s seat
Gay Alexandria City Council member Kirk McPike and gay public school teacher Gregory Darrall, who serves as vice president of the Fairfax County Federation of Teachers, are among four candidates running in a Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates.
With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in a Feb. 10 special election to fill the 5th House District seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).
Bennett-Parker won the Democratic nomination for the Virginia Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from the seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.
Bennett-Parker won the nomination for the state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.
The Jan. 20 primary in which McPike and Darrall are competing will take place from 8:30 a.m. to 7 p.m. in two polling places in Alexandria: the Charles E. Beatley Jr. Central Library at 5005 Duke St. and the Charles Houston Recreation Center at 901 Wythe St.
The other two candidates running are former Alexandria City School Board member Eileen Cassidy Rivera and criminal law defense attorney Chris Leibig.
McPike, who first won election to the Alexandria City Council in 2021, served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) prior to winning election to the Alexandria City Council.
“Now, Kirk is ready to bring his experience to Richmond to keep improving the lives of all Virginians as our delegate for House District 5,” his campaign website says. His website writeup says he and his husband, Cantor Jason Kaufman, have lived in Alexandria’s Seminary Hill neighborhood for 15 years.
“As delegate, we can count on Kirk to keep delivering for us — helping Virginia maintain our commitments to our schools, our first responders, and our efforts to address climate change, housing affordability, and infrastructure,” the website statement says.
McPike, a longtime LGBTQ rights supporter and advocate, has been endorsed by Ebbin and U.S. Rep. Don Beyer (D-Va.). Beyer said in a statement that McPike “has a proven track record of delivering results for Alexandrians.” The LGBTQ+ Victory Fund, which raises money for LGBTQ candidates running for public office, has also endorsed McPike.
Darrall’s campaign website says he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.
“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement says. It says he met his husband Jose while living in Miami and the two operated a small business in South Florida for a decade before moving to Alexandria in 2015. It adds that Darrall is “fluent in Spanish, loves walking Alexandria’s neighborhoods, and is driven by a deep belief in fairness, equality, and strengthening our democracy from the ground up.”
The Alexandria Republican City Committee nominated local business executive Mason Butler as the Republican nominee for the House of Delegates seat in the Feb. 10 special election after he emerged as the only GOP candidate running for the seat, according to the Alexandria Brief publication. He will face the Democratic winner in the Jan. 20 firehouse primary.
“As Delegate for House District 5, I will be a fierce advocate for LGBT equality in the Virginia General Assembly,” Rivera stated. She praised Spanberger for signing an LGBTQ-supportive executive order on her first day in office.
Rivera added, “I will fight alongside her to restore and enforce the Virginia Values Act, advance marriage equality, and ensure robust nondiscrimination protections in housing, employment, healthcare, and public accommodations.”
In his own statement, Leibig said, “I am as strong a supporter for LGBTQ rights as you can get.” Noting his role as a defense attorney specializing in criminal law, he added, “I regularly get calls from outside the commonwealth about defending trans people in situations where they are being treated terribly.”
He noted he was among the attorneys working on the first lawsuit against the Bureau of Prisons in support of “gender reaffirming surgery for an inmate.” He said he represented transgender former U.S. Army soldier Chelsea Manning in 2019 and was among those advocating for improved conditions for trans people in prisons.
“People of this community can count on me to support this community,” he said in referring to the LGBTQ community.
The Washington Blade couldn’t immediately reach GOP candidate Butler, who is running in the Feb. 10 special election but not in the Jan. 20 firehouse primary.
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