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Gay men arrested under Md. sodomy law in adult bookstore raid

Attorney says prosecutors enforcing unconstitutional measure

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Police in Harford County arrested nine men at an adult bookstore in May.

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.

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Comings & Goings

Chef Jamie Leeds opens new dining concepts

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Jamie Leeds

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Jamie Leeds, chef extraordinaire, and owner of Hank’s Oyster Bars, as she ventures into some new areas. Leeds is an award-winning Washington, D.C.–area chef, restaurateur, and entrepreneur with more than three decades of experience shaping the region’s dining scene.

Her first new venture is a restaurant opening in Alexandria this week. It will be called Hank’s Pasta Bar, bringing a personalized twist to classic Italian dining with a hiddenrestaurant-inside-a-restaurant in Old Town, Alexandria. The new trattoria is above Hank’s Oyster Bar, and will feature a build-your-own menu, marking a new direction for Leeds in partnership with chef Darren Norris. Norris brings more than three decades of experience to Hank’s Pasta Bar, with a foundation grounded in Italian cooking. The grand opening was scheduled for May 14. The elevated casual eatery blends an inventive chef-driven menu with an easy-going, sit-down dining experience that puts guests in charge. Hank’s Pasta Bar bridges the gap between elevated fast casual, like Norris’s Shibuya, and full-service dining, like Leeds’s Hank’s Oyster Bar. Diners order electronically at the table, but unlike fast casuals, food and beverages are delivered on plate ware, and a server is on site at all times.  

The restaurant-inside-a-restaurant, welcomes guests to dine in with a full bar, including Italian wines and craft cocktails, maintaining its focus on traditional Italian fare with contemporary touches, including a build-your-own pasta bowl experience starting at $16. Create your own pasta bowl from seven artisanal pastas (including gluten-free), nine made-in-house sauces, proteins, vegetables, and toppings. Leeds said, “It’s the kind of place you’d find down a side street in a Tuscan hill town, after being tipped off by a friend who says, ‘trust me.’ If you know, you know.” 

The restaurant will continue Hank’s community partnerships, including with Real Food for Kids, supporting programs that improve school food and nutrition equity. 

In addition to this you should try Jaimie’s other new venture. Back Door Taco at Hank’s in Dupont Circle. You walk down the alley from 17th Street to the back door of Hank’s, and enter a small patio to partake of great tacos and interesting cocktails.

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District of Columbia

HIV Vaccine Awareness Day set for May 18

Whitman-Walker joins nationwide recognition of efforts to develop vaccine

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(Image courtesy of the NIH)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.

“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.

“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.

It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”

On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.  

“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.

A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.

“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.

“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”  

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District of Columbia

Capital Stonewall Democrats endorses Janeese Lewis George for D.C. mayor

Group also backed D.C. Council, Congressional delegate, AG candidates

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Janeese Lewis George (Washington Blade photo by Michael Key)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization, announced on May 14 that it has endorsed D.C. Councilmember Janeese Lewis George (D-Ward 4) for mayor in the city’s June 16 Democratic primary.

Lewis George along with former D.C. Councilmember Kenyan McDuffie (D-At-Large) are considered by political observers to be the two leading candidates among the seven candidates competing in the Democratic primary election for mayor.

Both have strong, long-standing records of support on LGBTQ issues, indicating Capital Stonewall Democrats members, like LGBTQ voters across the city, are likely choosing a candidate based on non-LGBTQ related issues.

In a May 14 statement, the group announced its endorsements in seven other Democratic primary races, including D.C. Council Chair Phil Mendelson, who is running unopposed in the primary. Also endorsed is D.C. Councilmember Robert White (D-At-Large), who is one of five Democratic candidates competing for the position of D.C. delegate to the U.S. House of Representatives.

D.C. Councilmember Brooke Pinto (D-Ward 2) is among the four candidates competing with White for that post, and who like White has a strong record of support on LGBTQ issues.

In the At-Large D.C. Council race for which incumbent Anita Bonds is not running for re-election, Capital Stonewall Democrats has endorsed community activist and LGBTQ ally Oye Owolewa in a nine candidate race.    

For the Ward 1 D.C. Council election, in which five LGBTQ supportive candidates are competing, the group did not make an endorsement because none of the candidate received a required 60 percent of the endorsement vote cast by Capital Stonewall Democrats members, according to the group’s former president, Howard Garrett.   

The statement announcing its endorsements shows that it decided to list its “Preferred Ranking” of each of the Ward 1 Democratic candidates as part of the city’s newly implemented ranked choice voting system. It lists gay candidate Miguel Trindade Deramo as first, bisexual candidate Aparna Raj second, Jackie Reyes Yanes third, Rashida Brown fourth, and Terry Lynch fifth.

In the remaining ward Council races, Capital Stonewall Democrats endorsed Councilmember Matt Fruman (D-Ward 3), who is running unopposed for re-election; Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member who is being challenged by two opponents; and Councilmember Charles Allen (D-Ward 6), who is running unopposed for re-election.

The group also chose not to make an endorsement in the special election for another At-Large D.C. Council seat that became vacant when then-Independent Councilmember McDuffie resigned to enable him to run for mayor as a Democrat. Under the city’s Home Rule Charter adopted by Congress, that at large sweat is restricted to a “non-majority party” candidate, meaning a non-Democrat.

The three candidates running for the seat, all Independents, include incumbent Doni Crawford, who was appointed to the seat earlier this year; former D.C. Councilmember Elissa Silverman; and Jacque Patterson. All three have expressed support on LGBTQ related issues.

“The organization’s endorsement process included candidate questionnaires, public forums, and direct voting by active CSD members,” the statement announcing its endorsements says. “Each endorsement reflects the collective voice of 173 LGBTQ+ Democrats who voted in the process and are committed to building lasting political power in the District,” according to the statement. “Candidates that reached 60 percent support received the endorsement.”

Garrett, the group’s former president, acknowledged that with nearly all candidates running in D.C. elections expressing strong support for the LGBTQ community, many if not most of the group’s members most likely chose a candidate based on issues other than LGBTQ related issues.

He said he believes Lewis George, who he is supporting and is viewed as a progressive candidate who self-identifies as a Democratic Socialist, compared to McDuffie, who is viewed as a moderate Democrat, captured the group’s endorsement based on the view that she is the best person to lead the city going forward.

“I believe that Capital Stonewall members voted for Janeese Lewis George because we’re tired of the status quo and we need a new, bold leader to not only move our city forward but also to stand up to Donald Trump and his administration,” Garrett told the Washington Blade.

McDuffie’s LGBTQ supporters, including former Capital Stonewall Democrats presidents David Meadows and Kurt Vorndran, have argued that McDuffie’s positions on a wide range of issues, including LGBTQ issues, show him to be the best candidates to lead the city at this time and In future years.

The group’s endorsement of Lewis George comes one week after GLAA DC, a nonpartisan LGBTQ advocacy group, awarded her its highest candidate rating of +10.    

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