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Rehoboth Beach sued over refusal to approve theater buildings

Clear Space says permit revocation violates laws

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Clear Space Theatre has filed a lawsuit against Rehoboth Beach over its plans for new buildings. (Blade file photo)

A lawsuit filed on Aug. 13 by the Clear Space Theatre Company in Rehoboth Beach, Del., charges the city’s mayor and Board of Commissioners with violating local and state law by refusing to approve its plans to build a larger theater and an adjacent rehearsal theater in a new location.

Clear Space filed its lawsuit in the Superior Court of Delaware six weeks after the Board of Commissioners, which acts like a city council, and Rehoboth Mayor Stan Mills, who’s a member of the board, voted for the second time in eight months to overturn a decision by the city’s Planning Commission to approve plans for the two new theater buildings.

Supporters of the theater project, including many of Rehoboth’s LGBTQ residents and summer visitors, expressed strong opposition to the Board of Commissioners’ and mayor’s decision. Supporters have said the action was based on opposition to the theaters by a small but vocal minority of homeowners and renters who don’t want the theater buildings near their homes, even though they would be built on Rehoboth Avenue, which serves as the city’s main business and commercial boulevard.

The opponents have said the back walls of the two proposed theater buildings would face a residential street lined with houses and would create excessive noise and parking problems among other adverse effects. Wesley Paulson, the Clear Space Theatre executive director, has said steps have been taken to minimize noise and parking related issues and that the plans for the two theaters were in full compliance with zoning and building codes.

“We have worked patiently and respectfully through an arduous process for the past several years to obtain permits to build two new buildings on Rehoboth Avenue,” Clear Space says in a statement announcing the filing of the lawsuit. “Our permits were twice approved by the town building inspector and the Planning Commission – and is broadly supported by residents and the local business community,” the statement says.

“We were left with no choice but to file a petition with the courts,” Paulson said in the statement. “We are simply asking the city to follow the law and allow us to build a new theater at our property just down the street,” Paulson said.

Clear Space Theatre is currently located on Baltimore Avenue near the boardwalk and beach. The nonprofit theater company, which for many years has produced Broadway plays and musical performances that have attracted audiences from throughout the state and the mid-Atlantic region, said it has outgrown its current building and was hoping to move into its planned new buildings on Rehoboth Avenue.

The lawsuit was filed on the theater’s behalf by attorneys from the Wilmington law firm Barnes & Thornburg. It states that the vote by the mayor and city commissioners denying the theater’s building plans was in “legal error for multiple reasons.”

Among other things, the lawsuit says the mayor and commissioners incorrectly cite as one of their reasons for turning down the theater’s building plans was that the Planning Commission approved the smaller of the two buildings to be used for educational purposes such as theater classes. Opponents of the theater’s plans have pointed out that allowing the building to be used for educational purposes would violate the zoning law unless Clear Space provides a large number of parking spaces on the site of the two theater buildings, something Clear Space was not able to do.

But the lawsuit says the theater’s official application for its new buildings does not call for an educational use of the buildings and that it was the Planning Commission that added that provision to its approval of the plans on its own as an “accessory” use of the buildings. According to the lawsuit, “the Mayor and City Commissioners do not possess jurisdiction to decide what is or is not an accessory use.” That function is the responsibility of the Rehoboth Beach Board of Adjustment, the lawsuit says.

“The Mayor and City Commissioner’s decision erroneously conflates the Applications’ site plans, which were before the Planning Commission for approval, with the Applications’ building plans, which were not,” the lawsuit says. It calls on the court to reverse the mayor and city commissioners’ decision to overturn the Planning Commission’s approval of the building project.

Rehoboth City Manager Sharon Lynn, who often acts as the city’s official spokesperson, declined to comment on the lawsuit other than to say the city usually does not comment on pending legal matters, according to a report by the Cape Gazette, the local Rehoboth area newspaper.

Under court rules, the mayor and commissioners must respond to the lawsuit within 20 days after they are served legal papers informing them of the suit.

Gay D.C. attorney Harvey Shulman, who owns a home in Rehoboth and is one of the leaders of the opponents of the theater’s building plan, expressed strong doubts about the merits of the lawsuit, which he said was “grasping at straws, and even the straws aren’t there.”

Shulman has said that at least 15 percent of the 63 Rehoboth homeowners or renters who signed on as official “appellants” to oppose the Clear Space building plans are gay.

D.C. gay activist Peter Rosenstein, who also owns a home in the Rehoboth area and supports the theater’s building project, said he believes the overwhelming majority of Rehoboth’s large LGBTQ community supports the theater’s building plans.

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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District of Columbia

Capital Stonewall Democrats set to celebrate 50th anniversary

Mayor Bowser expected to attend March 20 event

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Mayor Bowser is expected to attend the Capital Stonewall Democrats 50th gala. (Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.   

 A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.

“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.

Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.

He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.

Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.

Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.

 “Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”

The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.

Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the  International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C.  Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.

Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th

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Maryland

Md. Legislative LGBTQ+ Caucus outlines 2026 priorities

Expanded PrEP access among objectives

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State Del. Ashanti Martinez (D-Prince George's County) has introduced a bill that would expand PrEP access in Maryland. (Washington Blade photo by Michael Key)

Maryland’s Legislative LGBTQ+ Caucus outlined legislative priorities for the remainder of the General Assembly’s 2026 term during a press conference on March 5.

State Del. Kris Fair (D-Fredrick County) led the press conference. State Del. Ashanti Martinez (D-Prince George’s County) and other caucus members also spoke.

Caucus members are sponsoring 12 bills and supporting four others.

Martinez is sponsoring House Bill 1114, which would expand PrEP access in Maryland.

“PrEP is 99 percent effective in preventing HIV transmission,” he explained, noting PrEP’s cost often turns away potential users. 

The bill aims to extend insurance coverage and expand pharmacists’ ability to prescribe PrEP along with other HIV treatments and testing. Martinez is working with state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and FreeState Justice on the bill. 

The House Health Committee had a hearing last week that included HB1114. 

“Ending the HIV epidemic is about expanding access and providing these life-saving tools to all persons in Maryland,” Martinez said. 

Several other pieces of legislation were highlighted during the press conferences. They included measures focused on youth and education, birth certificate markers, so-called conversion therapy, and hormone medications. 

State Sen. Cheryl Kagan (D-Montgomery County) is cosponsoring Senate Bill 950, which would update and strengthen conversion therapy laws. State Del. Bonnie Cullison (D-Montgomery County) has introduced an identical bill that would extend the statute of limitations on individuals who facilitate conversion therapy.

Kagan explained the bill would allow conversion therapy victims to come to terms with their experience undergoing the widely discredited practice that “creates shame and it silences survivors.” 

When questioned, Fair explained the press conference happened late into the legislative session because “we [the caucus] are constantly having to respond in real time to what’s happening in Washington” while drafting and considering pieces of legislation. 

The Frederick County Democrat described this session’s bills as the “most ambitious list of priorities to date.” Fair also described the caucus’s goals.

“It’s decency, it’s dignity, and its humanity,” he said.

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