Local
Man who shouted slurs at Alexandria gay couple found not guilty of assault
But judge rules neighbor guilty of misdemeanor disorderly conduct
An Alexandria, Va., General District Court judge on Monday, Nov. 8, issued a verdict of not guilty for 57-year-old Thomas Wood on a charge of misdemeanor simple assault against a gay man that police and prosecutors listed as a hate crime.
Following a four-and-a-half-hour nonjury trial, Judge Thomas Kelley Jr. ruled that two video and audio recordings that captured Wood repeatedly shouting anti-gay slurs at his two next door neighbors, Kyle Metz and Metz’s husband, Leo Liu Metz, in a July 3 incident did not provide sufficient evidence to prove Wood physically assaulted either of the two gay men or committed a simple assault under Virginia law.
Assistant Commonwealth’s Attorney Joe Cahoon, who acted as the lead prosecutor in the case, argued that both Kyle and Leo Metz testified at the trial that Wood raised and swung his arms over a fence that separated the properties of Wood and the Metz’s. He said Wood would have struck Leo Metz if Kyle Metz had not pulled Leo away from the fence.
In a separate verdict, Judge Kelley found Wood guilty of disorderly conduct, the second of the two charges filed against him by prosecutors in connection with the July 3 incident. The misdemeanor disorderly conduct charge was not classified as a hate crime under Virginia law.
Under Virginia law, misdemeanor cases such as simple assault or disorderly conduct are brought to trial before a judge without a jury.
While finding Wood not guilty of the hate crime assault charge, Kelley stated from the bench while delivering his verdict that he disagreed with arguments made by Wood in his testimony as a witness and by Wood’s attorney that the altercation was only and exclusively about a dispute over Wood’s parking space in an alley that separates Wood’s house from the house where Kyle and Leo Metz live.
“There is nothing that is said about parking,” Kelley said in referring to the two video recordings with full sound that captured Wood shouting the word “faggots” and asking which of the two gay men was the “wife,” among other insults.
“Are you the wife?” Wood is heard yelling on the video and audio recording. “Are you fucking him every night?” Wood shouts multiple times as captured by the recording.
“It is all about sexual orientation,” Kelley said from the bench while announcing his verdict, even though the hate crime designation ended when Kelley found Wood not guilty on the assault charge.
Minutes later, Kelley handed down a sentence for Wood on the disorderly conduct conviction that includes a $1,000 fine, 90 days in jail with all 90 days suspended, one year of unsupervised probation, and a requirement that Wood undergo counseling for anger management.
Under court rules, Wood could be ordered to serve some or all of the suspended 90 days of incarceration if he violates the terms of his probation.
At the request of Kyle and Leo Metz, and without objection from Wood’s attorney, B.R. Hicks, Kelley approved a stay-away protection order that prohibits Wood from threatening, intimidating or approaching the two gay men.
The dispute between Wood and Wood’s wife, Mary Wood, and the Metz’s began in April of this year, according to testimony at the Nov. 8 trial. Thomas and Mary Wood testified during the trial that the dispute began when the Metz’s moved into the house in Old Town Alexandria on Duke Street next door to the house they had been renting.
According to the Woods, the Metz’s placed a large planter at the edge of their property line that made it very difficult for the Woods to park their car in a space on their own property. Both Woods testified that in the weeks prior to the July 3 incident, they repeatedly and politely came to the front door of the Metz’s house to ask them if they could move the planter to make more room for them to park their car.
But the Metz’s testified that Thomas Wood yelled both anti-gay and anti-Asian slurs at them for at least a month or more prior to the July 3 incident that led to the assault and disorderly conduct charges against Thomas Wood. Leo Metz is Asian American.
The July 3 incident received widespread publicity on social media and on local TV news broadcasts when the Metz’s released the video and audio recording of the incident captured on their Ring camera video surveillance system. A second video of the incident was taken by another nearby neighbor, Julia Kennedy, who testified at the trial that she witnessed what she believed to be Thomas Wood subjecting Kyle and Leo Metz to homophobic slurs during the July 3 incident.
Prosecutor Cahoon played both videos on a large video screen several times during the trial. He noted that Thomas Wood’s loud and prolonged shouting of anti-gay slurs and other insults that the Metz’s interpreted to be threats reverberated across the neighborhood, creating a disturbance that clearly constituted disorderly conduct.
Defense attorney Hicks pointed to Thomas Wood’s testimony in which Wood claimed he was shouting the word “maggot” and not “faggot” most of the time when he became outraged that he could barely park his car in the space on his own property because of the Metz’s planter blocking access to his parking space. The Metz’s have said the planter was completely within their property line.
They testified that the incident began about 9:30 p.m. on July 3 when they heard a loud crashing sound outside their house and became worried that someone hit their own car. Before going outside, they said they watched the video from the Ring camera linked to their cell phones and saw Thomas Wood shouting insults over the fence that separates the two houses.
The two gay men testified that they then went outside to find out what was happening, and immediately were subjected to anti-gay insults by Wood.
In response to questions from defense attorney Hicks, Wood insisted he is not homophobic and his anger on the night of the incident was based completely on the parking dispute and not on the sexual orientation of Kyle and Leo Metz.
“He is not a homophobe at all,” defense attorney Hicks told the Washington Blade after the trial.
A friend of the Metz’s who attended the trial told the Washington Blade that the parking space on the Wood’s property was too small for their car and that they, not the Metz’s, were responsible for their parking problems.
Although Kyle and Leo Metz testified that Wood reached over the fence and attempted to assault Leo, which prosecutor Cahoon said constituted a simple assault under Virginia law, defense attorney Hicks argued that nowhere on the two videos was there any image showing an assault or an attempted assault.
Prior to the judge’s verdict, Hicks argued that Wood should not be convicted of a hate crime because his words of “anger” were protected under the free speech provisions of the U.S. Constitution, even though his words were not “politically correct.”
Hicks couldn’t immediately be reached after the trial to determine if Wood plans to appeal the verdict finding him guilty of disorderly conduct.
Rehoboth Beach
Rehoboth’s Blue Moon is for sale but owners aim to keep it in gay-friendly hands
$4.5 million listing includes real estate; business sold separately
Gay gasps could be heard around the DMV earlier this week when a real estate listing for Rehoboth Beach’s iconic Blue Moon bar and restaurant hit social media.
Take a breath. The Moon is for sale but the longtime owners are not in a hurry and are committed to preserving its legacy as a gay-friendly space.
“We had no idea the interest this would create,” Tim Ragan, one of the owners, told the Blade this week. “I guess I was a little naive about that.”
Ragan explained that he and longtime partner Randy Haney are separating the real estate from the business. The two buildings associated with the sale are listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They are listed for $4.5 million.
The bar and restaurant business is being sold separately; the price has not been publicly disclosed.
But Ragan, who has owned the Moon for 20 years, told the Blade nothing is imminent and that the Moon remains open through the holidays and is scheduled to reopen for the 2026 season on Feb. 10. He has already scheduled some 2026 entertainment.
“It’s time to look for the next people who can continue the history of the Moon and cultivate the next chapter,” Ragan said, noting that he turns 70 next year. “We’re not panicked; we separated the building from the business. Some buyers can’t afford both.”
He said there have been many inquiries and they’ve considered some offers but nothing is firm yet.
Given the Moon’s pioneering role in queering Rehoboth Beach since its debut 44 years ago in 1981, many LGBTQ visitors and residents are concerned about losing such an iconic queer space to redevelopment or chain ownership.
“That’s the No. 1 consideration,” Ragan said, “preserving a commitment to the gay community and honoring its history. The legacy needs to continue.” He added that they are not inclined to sell to one of the local restaurant chains.
You can view the real estate listing here.
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].
Congratulations to Tristan Fitzpatrick on his new position as Digital Communications Manager with TerraPower. TerraPower creates technologies to provide safe, affordable, and abundant carbon-free energy. They devise ways to use heat and electricity to drive economic growth while decarbonizing industry.
Fitzpatrick’s most recent position was as Senior Communications Consultant with APCO in Washington, D.C. He led integrated communications campaigns at the fourth-largest public relations firm in the United States, increasing share of voice by 10 percent on average for clients in the climate, energy, health, manufacturing, and the technology. Prior to that he was a journalist and social media coordinator with Science Node in Bloomington, Ind.
Fitzpatrick earned his bachelor’s degree in journalism with a concentration in public relations, from Indiana University.
Congratulations also to the newly elected board of Q Street. Rob Curis, Abigail Harris, Yesenia Henninger, Stu Malec, and David Reid. Four of them reelected, and the new member is Harris.
Q Street is the nonprofit, nonpartisan, professional association of LGBTQ+ policy and political professionals, including lobbyists and public policy advocates. Founded in 2003 on the heels of the Supreme Court’s historic decision in Lawrence v. Texas, when there was renewed hope for advancing the rights of the LGBTQ community in Washington. Q Street was formed to be the bridge between LGBTQ advocacy organizations, LGBTQ lobbyists on K Street, and colleagues and allies on Capitol Hill.
District of Columbia
New queer bar Rush beset by troubles; liquor license suspended
Staff claim they haven’t been paid, turn to GoFundMe as holidays approach
The D.C. Alcoholic Beverage and Cannabis Board on Dec. 17 issued an order suspending the liquor license for the recently opened LGBTQ bar and nightclub Rush on grounds that it failed to pay a required annual licensing fee.
Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14 Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker.
It describes itself on its website as offering “art-pop aesthetics, high-energy nights” in a space that “celebrates queer culture without holding back.” It includes a large dance floor and a lounge area with sofas and chairs.
Jackson Mosley, Rush’s principal owner, did not immediately respond to a phone message from the Washington Blade seeking his comment on the license suspension.
The ABC Board’s order states, “The basis for this Order is that a review of the Board’s official records by the Alcoholic Beverage and Cannabis Administration (ABCA) has determined that the Respondent’s renewal payment check was returned unpaid and alternative payment was not submitted.”
The three-page order adds, “Notwithstanding ABCA’s efforts to notify the Respondent of the renewal payment check return, the Respondent failed to pay the license fee for the period of 2025 to 2026 for its Retailer’s Class CT license. Therefore, the Respondent’s license has been SUSPENDED until the Respondent pays the license fees and the $50.00 per day fine imposed by the Board for late payment.”
ABCA spokesperson Mary McNamara told the Blade that the check from Rush that was returned without payment was for $12,687, which she said was based on Rush’s decision to pay the license fee for four years. She said that for Rush to get its liquor license reinstated it must now pay $3,819 for a one-year license fee plus a $100 bounced check fee, a $750 late fee, and $230 transfer fee, at a total of $4,919 due.
Under D.C. law, bars, restaurants and other businesses that normally serve alcoholic beverages can remain open without a city liquor license as long as they do not sell or serve alcohol.
But D.C. drag performer John Marsh, who performs under the name Cake Pop and who is among the Rush employees, said Rush did not open on Wednesday, Dec. 17, the day the liquor board order was issued. He said that when it first opened, Rush limited its operating days from Wednesday through Sunday and was not open Mondays and Tuesdays.
Marsh also said none of the Rush employees received what was to be their first monthly salary payment on Dec. 15. He said approximately 20 employees set up a GoFundMe fundraising site to raise money to help sustain them during the holiday period after assuming they will not be paid.
He said he doubted that any of the employees would return to work in the unlikely case that Mosley would attempt to reopen Rush without serving liquor or if he were to pay the licensing fee to allow him to resume serving alcohol without having received their salary payment.
As if all that were not enough, Mosley would be facing yet another less serious problem related to the Rush policy of not accepting cash payments from customers and only accepting credit card payments. A D.C. law that went into effect Jan. 1, 2025, prohibits retail businesses such as restaurants and bars from not accepting cash payments.
A spokesperson for the D.C. Department of Licensing and Consumer Protection, which is in charge of enforcing that law, couldn’t immediately be reached to determine what the penalty is for a violation of the law requiring that type of business to accept cash payments.
The employee GoFundMe site, which includes messages from several of the employees, can be accessed here.
Mosley on Thursday responded to the reports about his business with a statement on the Rush website.
He claims that employees were not paid because of a “tax-related mismatch between federal and District records” and that some performers were later paid. He offers a convoluted explanation as to why payroll wasn’t processed after the tax issue was resolved, claiming the bank issued paper checks.
“After contacting our payroll provider and bank, it was determined that electronic funds had been halted overnight,” according to the statement. “The only parties capable of doing so were the managers of the outside investment syndicate that agreed to handle our stabilization over the course of the initial three months in business.”
Mosley further said he has not left the D.C. area and denounced “rumors” spread by a former employee. He disputes the ABCA assertion that the Rush liquor license was suspended due to a “bounced check.” Mosley ends his post by insisting that Rush will reopen, though he did not provide a reopening date.
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