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Damning N.Y. AG report on Cuomo ensnares HRC president

The damning report finding New York Gov. Andrew Cuomo violated the law by barring sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ group, Alphonso David of the Human Rights Campaign.

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hate crimes, gay news, Washington Blade

The damning report finding New York Gov. Andrew Cuomo violated the law by sexually harassing as many as 11 women on his staff has ensnared the president of the nation’s leading LGBTQ advocacy group, Alphonso David of the Human Rights Campaign.

Although David insists the report does not indicate any wrongdoing on his behalf, the findings indicate after his tenure as counselor to Cuomo, that he kept the personnel file for an employee within the office accusing the governor of sexual misconduct, then assisted in efforts to leak that file to the media in an attempt to discredit her.

Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor, but went unpublished, although he wouldn’t sign the document himself. Also, the report indicates David was involved in the discussions about another staffer secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.

The explosive report from New York Attorney General Letitia James sent shockwaves when it came out Tuesday at a time when the country is still grappling with the treatment of women in the workplace after the “Me Too” movement, prompting fellow Democrats — including President Biden — to call on Cuomo to resign. Cuomo has denied the conclusions of the report and not given any indication he’ll step down from his position as governor.

Nearly a dozen references are made in the report to David, who prior to his tenure as president of the Human Rights Campaign served as counsel for Cuomo. In fact, the report came out on the two-year anniversary of David’s joining the Human Rights Campaign after his time in public service for the State of New York.

Following the issuing of the report on Tuesday, David joined the chorus of high-profile individuals calling on Cuomo to resign as governor. David tweeted, “After reading the AG’s devastating report that concluded Gov. Cuomo engaged in a pattern of sexual harassment, in violation of both federal and state law, he should resign.” The tweet, however, ignores his mentions in the findings or alleged participation in discrediting sexual harassment survivors.

Criticism of David emerged from both the right and left in the aftermath of the report at a time when morale among many in the LGBTQ movement is low amid states advancing and enacting anti-transgender legislation and inaction on the Equality Act in Congress.

The Human Rights Campaign itself has had significant turnover, including in the communications department. Last year, the organization laid off 22 employees, citing the coronavirus pandemic, at a time when the latest IRS 990 for the organization revealed former president Chad Griffin and David drew combined compensation of more than $825,000 in fiscal year 2019. (From January-August 2019, Griffin earned $570,446 plus $18,771 in other compensation; David earned $229,332 and $7,016 in other compensation for the balance of that year after taking over the job.)

David, responding to the report on Cuomo in an email to board members of the Human Rights Campaign and in a phone interview late Tuesday with the Washington Blade, is standing firm in denying any wrongdoing.

In the email to board members, David said the findings “are beyond comprehension to me and they break my heart as a former employee,” referencing the tweet he made calling for Cuomo to resign but also addressing the sections pertaining to himself. David confirmed the accuracy of the email to the Blade.

Maintaining he “had no knowledge of the allegations of harassment outlined in the report,” David said he informed the board of ignorance on the issue “earlier this year” and except for one person, he doesn’t know any survivors referenced in the report. Further, David said that one person “never disclosed” any allegations of sexual misconduct. David discloses his “substantive engagement” with this survivor “involved an investigation of her regarding allegations of racial discrimination by other employees.”

“A final conclusion was ultimately memorialized in a privileged and confidential memo drafted and retained by counsel’s office,” David writes. “After initially being unable to find the file, the Governor’s office requested a copy of the electronic memo from me which I provided (as I am required to do as a former counsel) but my copy was subsequently not relied on because the office found the full official file.”

Addressing the unpublished op-ed intended to discredit the survivor, David writes Cuomo’s office “had reached out to many former employees requesting that we sign a letter supporting the Governor and the office,” but he “declined to sign the letter and it was never released.”

Speaking with the Blade, David confirmed the survivor whom he knows is Lindsey Boylan, a former senior staffer for Cuomo, who was among the first to accuse him of sexual misconduct in the workplace last year.

Meanwhile, the board of the Human Rights Campaign has shown no sign of turning on David. In fact, HRC announced it renewed David’s contract on his two-year anniversary for five more years.

Morgan Cox, chair of the Human Rights Campaign board of directors, and Jodie Patterson, chair of the non-profit Human Rights Campaign Foundation board of directors in a joint statement to the Washington Blade affirmed both boards “have full confidence in Alphonso David as president of the organization.”

“In recognition of his extraordinary leadership during extremely challenging times, we were proud to extend his contract to stay on in his role for five more years,” Cox and Patterson said. “For the last two years he has been boldly leading the organization as it works to achieve its mission: full equality for all LGBTQ people, in the midst of a global pandemic, a nationwide reckoning on racial justice, and the most important presidential election of our lifetimes.”

Speaking with the Blade, David also said he has no intention of stepping down from his position as president of the Human Rights Campaign voluntarily.

“This is my life’s work,” David said. “I’ve been a civil rights lawyer for 20 years. This is what I’ve been doing, this is what I did in government. I wrote the marriage equality law. I drafted the Paid Family Leave Law, drafted the minimum wage law, drafted regulations to prohibit discrimination against trans people. This is my life’s work. So, I intend to continue the work that I’ve been doing because the work of marginalized communities, the work to actually represent marginalized communities is too important.”

David’s role in the report stems mostly from the situation with Boylan. According to the report, Cuomo commented on her attractiveness, including comparing her to a former girlfriend; physically touched her on various parts of her body, including her waist, legs, and back; made inappropriate comments, including saying to her once on a plane, words to the effect of, “let’s play strip poker”; and kissed her on the cheeks and, on one occasion, on the lips.

After Boylan went public, the report says Cuomo’s aides “actively engaged in an effort to discredit her” as a survivor. Among the efforts cited in the report are “disseminating to the press confidential internal documents that painted her in a negative light and circulating among a group of current and former Executive Chamber employees (although not ultimately publishing) a proposed op-ed or letter disparaging Ms. Boylan that the Governor personally participated in drafting.”

David is mentioned in the report both during his tenure as counsel to Cuomo and during his time as Human Rights Campaign president. As part of a workplace conflict in 2018 noted in the report as unrelated to the sexual harassment but otherwise not described, David in his capacity as counsel was charged with managing the situation, the report says. Boylan tendered her resignation from the governor’s office. David, in his capacity as counsel, asked to create a file on Boylan and added the incident to her personnel file, according to the report.

After Boylan tweeted Cuomo is “one of the biggest abusers of all time” a secretary of Cuomo’s, Melissa DeRosa, reached out to David, who was serving as Human Rights Campaign president, on Dec. 9 for a request to see the “full file” for Boylan. David said another staffer would have the information in her possession and be able to provide the file. Days later, David sent files relating to his investigation into Boylan shortly before her departure from the governor’s office, the report says.

David is quoted in the report as saying he kept a copy of Boylan’s files because it “may have been the only instance where [he] was actually involved in a counseling of an employee when [he] was in the Executive Chamber.”

It’s not immediately clear whether David keeping a confidential personnel file of an employee after leaving the workplace violates any laws. A New York State Bar Association spokesperson said the organization has “no ethics opinion on this issue.”

The report, in a subsequent section, continues to address the personnel file from which Cuomo’s office distributed unflattering information about Boylan, saying it came from “counsel’s office,” suggesting the information, at the end of the day, didn’t come from David.

A connection between David and Boylan comes up again in the report in a discussion about a potential op-ed from Cuomo’s office that was intended to discredit Boylan, but was never published. The report says David signaled he wouldn’t be among the signatories of the letter, but would help gather signatures. According to a footnote in the report, DeRosa told other former staff members whom she had asked to sign the letter David said he would sign the letter “if we need him.”

David, commenting on the unpublished op-ed when speaking with the Blade, said there were multiple iterations of the document in a draft form. Although one version was focused on more positive aspects of the workplace under Cuomo, David said another was more focused on Boylan and he wouldn’t sign it.

“I wasn’t willing to sign it because it included facts I couldn’t verify,” David said. “I was not aware of it. I wasn’t personally involved and had no personal knowledge, so I refused to sign the letter and I think everybody else did.”

David comes up in the report in the description of another survivor’s account of Cuomo’s alleged sexual misconduct, identified in the report by her first name Kaitlin.

After coming forward with sexual misconduct allegations, Kaitlin says she suspected she would be smeared for going forward, the report says. True to her predictions, Cuomo allegedly attempted to call her and surreptitiously record her, but nothing came of the effort, the report says.

David and other Cuomo staffers were involved in the internal discussion of plans to call Kaitlin and secretly record her in an effort to defame her, according to the report.

David, speaking with the Blade, said he doesn’t deny that aspect of the report, but his role in the conversation about Kaitlin was limited and pertained to his duties as counsel to Cuomo.

“In that instance, it was simply asking me, in my role as a former counsel what the law was, not the context,” David said.

Charles Moran, managing director of Log Cabin Republicans, was among those seizing on the report as evidence corporate donors should reconsider their support for the Human Rights Campaign.

“It should disturb every corporate donor to the HRC that its president Alphonso David colluded with Gov. Cuomo to smear one of the women Cuomo sexually harassed,” Moran said. “Alphonso David’s behavior is disqualifying and he should resign immediately, but the fault doesn’t just lie with him. The Human Rights Campaign markets itself as champions for LGBT Americans. In reality, it champions left-wing Democrats – apparently even those guilty of sexual harassment – and bullies anyone who gets in their way.”

Max Micallef, a queer rights activist who serves on the Advisory Council of EqualityNY and as the Public Policy Coordinator with GLSEN Lower Hudson Valley, issued a statement on Tuesday calling for both Cuomo and David to resign.

“We all deserve so much better,” Micallef said. “The LGBTQ+ community does not stand for this level of complicity and cowardice. Along with Gov. Cuomo himself, Director McMorrow and President David must step down from their positions immediately as they have clearly failed to represent the interests of LGBTQ+ New Yorkers, and advocate against their systemic violence.”

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District of Columbia

Dive in: a guide to LGBTQ-friendly pools in D.C.

City offers plenty of places to cool off, sometimes with a cocktail

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Rooftop pool at VIDA Fitness at The Yards. (Washington Blade file photo by Michael Key)

As the dog days of summer arrive in Washington, it seems only one thing is on everyone’s mind: Where are the pools? Fret not, the Washington Blade has compiled a list of places where D.C.’s LGBTQ community can wear a Speedo, splash around, and enjoy the summer.

Public Pools: 

To gain access to any public pools in D.C., District residents must first obtain a free membership by creating an account with the D.C. Department of Parks and Recreation and presenting a valid photo ID at the pool. For more information on D.C. public pools, visit dpr.dc.gov/findapool.

Banneker Pool (2500 Georgia Ave NW): Popular with both young adults and families, Banneker Pool features a spacious outdoor swimming area complete with dedicated lap lanes for serious swimmers and a separate shallow kiddie pool designed for children’s safety and fun. The pool often hosts community swim events and is known for its vibrant, welcoming atmosphere.

Francis Pool (2435 N St NW): Located in the Foggy Bottom neighborhood, this outdoor pool is easily accessible via the Foggy Bottom-GWU Metro station. It offers two 25-yard lap lanes ideal for fitness swimmers and open swim times for casual visitors. Its central location makes it a convenient option for downtown residents and workers.

Volta Park Pool (1555 34th St NW): Nestled in the Georgetown neighborhood, Volta Park Pool is a smaller, cozy community pool favored by locals. Due to limited capacity, especially on busy summer days, early arrival is recommended to secure a spot. The pool provides a friendly and relaxed environment, perfect for a quick swim or cooling off on hot days.

Wilson Aquatic Center (4551 Fort Dr., N.W.): Recognized as one of D.C.’s premier indoor aquatic facilities, the Wilson Aquatic Center boasts a large 50-meter by 25-meter competition pool with diving boards suitable for swim meets and advanced training. The facility also includes a leisure pool for recreational swimming, a whirlpool spa, a spacious viewing gallery for spectators, and a multi-purpose room used for classes and community events. Conveniently located in Tenleytown, it is just steps away from the Tenleytown–AU Metro station.

Anacostia Pool (1800 Anacostia Drive SE): Set along the scenic banks of the Anacostia River, this pool offers a peaceful setting for swimmers. The facility provides a variety of programs throughout the summer, including swimming lessons for all ages, water aerobics classes, and other aquatic activities aimed at encouraging fitness and community engagement.

Kenilworth Pool (4321 Ord Street NE): Part of the newly renovated Kenilworth Recreation Center, this large outdoor pool is a centerpiece of the upgraded facility. It features ample swimming space for lap swimmers and recreational users alike, along with modern amenities and well-maintained grounds, making it a popular choice for residents in Northeast D.C.

Private Pools: 

Vida Penthouse Pools; Multiple Locations — (1212 4th St., S.E.), (1612 U St., N.W.), (1845 Reston Row Plaza, Reston, Va.): This fitness club is where many in Washington’s LGBTQ community can be found kiki-ing on sunny weekends, sipping vodka lemonades. The pools offer a unique watering hole experience that can only be described as “Vida” — complete with a full bar and restaurant.

YMCA Anthony Bowen Pool (1325 W St., N.W.): Home to the first African-American chapter of the YMCA, this site features an indoor heated pool — ideal for lap swimming, aqua classes, and lessons.

Viceroy Hotel Pool (1430 Rhode Island Ave., N.W.): This D.C. hotel features a small rooftop pool in Logan Circle, open daily to hotel guests and “daycation” pass holders ($150 for a room from 7 a.m. to 7 p.m.), with public access after 7 p.m. Highlights include a full bar with frozen margaritas and the “Pink Pony Club” cocktail, as well as small bites.

Hedy’s Rooftop at Hotel Zena (1155 14th St., N.W.): Offering stunning Thomas Circle views, this rooftop pool and bar is open to hotel guests and locals, with $50 day passes and private cabanas starting at $500 for six people. Dive into poolside movie nights every Wednesday at 9 p.m. with popcorn and cocktails, plus enjoy summer bites. The bar is open Tuesday through Sunday, and the pool operates daily from 8 a.m. to 7 p.m., with service starting at noon.

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National

Trump threatens Rosie O’Donnell’s citizenship

Comedian responds with post linking him to Epstein

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Rosie O'Donnell (Screen capture via The Late Late Show/YouTube)

Donald Trump threatened to revoke Rosie O’Donnell’s U.S. citizenship last weekend amid his administration’s pattern of targeting people with whom he has publicly disagreed.

The actress and comedian, known for her roles in major motion pictures like “A League of Their Own” and “Harriet the Spy,” was singled out by the president on his social media app Truth Social, where he called the lesbian entertainer a “Threat to Humanity.”

“Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I am giving serious consideration to taking away her Citizenship,” Trump also posted. “[She] should remain in the wonderful Country of Ireland, if they want her. GOD BLESS AMERICA!”

In response to the post—which reignites a decade-old feud between the two—O’Donnell shared a collage of photos from her time in Ireland, along with an old photo of Trump with convicted child sex offender Jeffrey Epstein.

“The president of the usa has always hated the fact that i see him for who he is – a criminal con man sexual abusing liar out to harm our nation to serve himself,” the former talk show host posted on Instagram. She continued, “this is why i moved to ireland – he is a dangerous old soulless man with dementia who lacks empathy compassion and basic humanity – i stand in direct opposition [to] all he represents – so do millions of others – u gonna deport all who stand against ur evil tendencies – ur a bad joke who cant form a coherent sentence.”

Trump’s threat is both irregular and constitutionally unsound. The Supreme Court has ruled over multiple decades that stripping someone of their citizenship violates the Constitution—and the 14th Amendment.

Three Supreme Court cases in particular—Trop v. Dulles (1958), Afroyim v. Rusk (1967), and Brandenburg v. Ohio (1969)—have all affirmed that once legally obtained, citizenship is not something that can simply be revoked, even if the president disagrees with what a person says or does. In Afroyim v. Rusk, the Supreme Court wrote: “In our country the people are sovereign and the Government cannot sever its relationship to the people by taking away their citizenship.”

This authoritarian threat echoes Trump’s broader efforts to undermine birthright citizenship, which has been a foundational part of the U.S. Constitution since the ratification of the 14th amendment.

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Bolivia

Trans Bolivian Senate candidate hopes to make history

Luna Humérez running to represent La Paz Province

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Luna Humérez (Courtesy photo)

Luna Humérez has made history in Bolivia as the first transgender woman to run for a seat in the country’s Senate.

“We are making history, my candidacy is a bet on human rights,” Humérez told the Washington Blade.

She hopes to represent La Paz Province under the banner of SÚMATE, a center-left political movement that includes presidential candidate Manfred Reyes Villa. 

“It is important to occupy these spaces and demonstrate that beyond our identity we have the capacity,” said Humérez.

With a trajectory of more than 15 years as an activist for trans rights in Bolivia, Humérez is not a new figure in the public arena. A lawyer by profession and president of the Organization of Transvestites, Transgender and Transsexual Women of Bolivia known by the acronym OTRAF, she has been one of the main promoters of a trans rights law in the country. Humérez is also the first trans woman in Bolivia to enter into a civil marriage after authorities legally recognized her gender identity.

Humérez is the founder of Casa Trans Pamela Valenzuela, a refuge and community center in La Paz.

Aware of the need to advance protections for sexual and gender diversities, Humérez has proposed a legislative platform that focuses on the control and effective enforcement of laws.

“Bolivia is full of laws, regulations that are obsolete, however they have a mandatory compliance,” she said, noting reforms should improve accessibility and respond to marginalized groups’ specific needs.

Humérez’s platform is “full rights for all, regardless of their sexual orientation and gender identity.”

Facing a campaign from a historically marginalized identity, Humérez recognizes the resistance, but also celebrates the support. 

“My candidacy also speaks of the fact that there is a large number of Bolivians who have been left behind because of discriminatory bias,” she told the Blade. “I have so many anecdotes, which began with those who trusted me, among them are my sisters in struggle, human rights activists, political activists, animal activists, environmentalists, and others with whom we formed ties, mostly young people who also have the desire to take flight and change the country for the better. They are my other family and I am very grateful to them.”

Humérez proposes, in addition to a gender rights and diversity agenda, a platform with seven focuses — legal, political, economic, productive, social, moral, and territorial — and five immediate actions. These include:

  • An “immediate injection” of $10 billion to stabilize the economy and create the flow of dollars
  • Reestablish order throughout the country; guaranteeing freedom of protest without interfering in economic development
  • Create one million “decent and well-paid jobs” that would allow “talented young people” to remain in the country
  • “Act firmly” against corruption
  • “Promote real authority for each department” that would decentralize the government

Regarding LGBTQ youth in Bolivia, the lawyer and activist envisions a future where “the freedom that every human being has to choose their sexual orientation and gender identity with equal opportunities must be guaranteed.” 

“I notice that the youth today understood this, and now it is necessary to have spaces of accessibility and participation without any consideration,” said Humérez. “The State must guarantee through its instances this accessibility. We need a Bolivia that is more plural, inclusive and in brotherhood.”

Humérez concluded the interview by noting her family’s humble beginnings.

“I know what deprivation is and I know what it is like not to have enough bread to put in one’s mouth,” she said. “If my life has been to help as many people as possible, being in there I will be able to help much more. I am an example of overcoming and showing that anything is possible. Do not judge me by my identity, but by my capacity.”

The country’s general elections will take place on Aug. 17. 

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