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D.C. man sentenced to 7 months for attack against gay Asian man

Sentencing follows accepted plea offer

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Mike Silverstein, left, and Sean Lai are joined outside D.C. Superior Court by members of Lai's legal team: Blair Decker, Molly Pallman and Katie Colura (Washington Blade photo by Lou Chibbaro Jr.)

A D.C. Superior Court judge on Thursday sentenced District resident Patrick Trebat, 39, to seven months in jail following a dramatic court hearing in which a gay Asian man, Sean Lai, described how Trebat assaulted him and his parents while shouting homophobic and anti-Asian slurs in an unprovoked attack last August on a D.C. street.

The sentencing came after Trebat pleaded guilty during the same hearing to three counts of misdemeanor simple assault, with one of the counts designated as a hate crime based on the victim’s ethnicity. The guilty plea was part of a plea bargain offer by prosecutors with the Office of the U.S. Attorney for D.C.

In exchange for Trebat accepting the plea deal, prosecutors agreed to drop two earlier felony charges of bias-related assault with significant bodily injury brought against Trebat in connection with the attack on Lai and his parents.

Judge Michael O’Keefe officially sentenced Trebat to 21 months of incarceration for the three charges, but suspended all but seven months of the sentence. O’Keefe also sentenced Trebat to three years of supervised probation upon his release, with the stipulation that he will be required to serve the full 21 months if he violates the terms of his probation.

Trebat, who had been released on a partial home detention order shortly after his arrest just under 10 months ago, was placed in immediate custody and escorted out of the courtroom by U.S. marshals after the conclusion of the sentencing part of the hearing to begin serving his sentence.

In delivering a victim’s impact statement in the courtroom, Lai told O’Keefe that in addition to inflicting physical injuries on him and his parents that required emergency treatment at a hospital, Trebat’s attack on his family caused deep emotional scars that continues to haunt all three of them.

He said he objects to the plea bargain deal on grounds, among other things, that it does not designate Trebat’s violent attack as a hate crime based on Lai’s sexual orientation, only on his and his parents’ ethnicity.

Court records show that Trebat attacked Lai and his elderly parents, who are of Chinese ancestry, as they were walking on a street in the city’s Observatory Circle neighborhood near where they were living and within sight of the Washington National Cathedral.

Police charging documents filed in court state that Trebat called the three victims “faggots” and shouted, “You are not Americans” as he approached them while they were walking along the 3700 block of Fulton Street, N.W. at about 9:30 p.m. on Aug. 7, 2021. One of the documents says Trebat punched and shoved the three victims, knocking each of them to the ground, after initially punching Lai’s father in the head from behind while shouting, “Get out of my country.”

“As painful as it is to relive this moment when this atrocious attack took place, I choose to be here today because I wanted you to hear my own voice and perspective, as well as the perspective from my parents,” Lai told the judge. “The defendant attacked me and my elderly parents without provocation, motivated simply by his hatred toward our race and my sexual orientation,” Lai continued.

“But what breaks my heart the most is what was done to my parents,” he said. “I had to take them each to several orthopedics appointments over the following months. I secretly cried in my bed each night after seeing the pain that was inflicted on them and the psychological trauma that they experienced.”

Gay D.C. Advisory Neighborhood Commissioner Mike Silverstein followed Lai by delivering an LGBTQ community impact statement before the court on behalf of the city’s ANC LGBTQ Rainbow Caucus, the D.C. Center for the LGBT Community, and what Silverstein said was Lai’s request that he speak on behalf of the Asian and Pacific Islander community.

“Thank you, Your Honor, for the opportunity to give this victim’s impact statement,” Silverstein said. “And please forgive me for the next 13 words, which were not mine,” he said.

“’Fuck you bitch!’ ‘Faggot!’ ‘You are not Americans! Get out of this country!’”

“Those were the 13 words Patrick Trebat shouted at Sean Lai and his elderly mother and father just before Mr. Trebat physically attacked them without provocation,” said Silverstein as courtroom spectators listened intently.

“As members of the LGBT+ community, we feel this was an attack on every one of us,” Silverstein continued. “It was a direct attack on our right to exist and to live openly in the District of Columbia. We respectfully ask the court to issue the maximum jail sentence so that our community can feel that we are protected, and that we need not live in fear that those who would do us harm will get off easy,” he said.

After asking Trebat to confirm that he fully understands and agrees to the terms of the plea offer, O’Keefe invited Trebat to give his own statement just prior to the sentencing.

Trebat, who was dressed in a suit and tie, offered his “deepest apologies” to Lai and Lai’s parents, who were not present in the courtroom. Trebat said he was intoxicated on alcohol and drugs at the time of the incident and had no recollection of what happened.

“I was legitimately out of my mind that night,” the told the judge. He said alcohol and prescription drugs caused him to engage in “stupid” acts. “I am sorry for the shame I brought to my parents, to American University, and to the victims,” he added.

He was referring to his status as a graduate student at American University at the time of his arrest. The university later expelled him from his enrollment there after American University students protested that he had initially been allowed to continue his studies following a hate crime arrest.

“This event was not personal. I ’m not a racist,” he said. “I take full accountability for what happened. I’m a changed person.”

Trebat’s attorney, Brandi Harden, asked O’Keefe to sentence Trebat to only a suspended jail term and a stringent term of probation rather than incarceration, saying that he suffers from and has long been treated for mental health issues, which would be worsened if he were to be sent to jail.

Assistant U.S. Attorney Robert Platt, the lead prosecutor in the case, expressed opposition to Harden’s request, telling the judge that Trebat was already receiving a “significant benefit” from the plea offer.

“We don’t dispute that the defendant was intoxicated,” Platt said. But he added that the plea deal includes a provision for mental health and substance abuse treatment and that Trebat needs to be held responsible for his actions.

“This was part of hate crimes against Asians across the country,” Platt told O’Keefe before providing statistics of the violent hate crime attacks against Asian Americans nationwide. “This type of attack will not be tolerated,” he said.

Although Platt acknowledged that Trebat also hurled homophobic slurs at Lai and his parents during the attack, he did not explain why prosecutors chose not to include a hate crime designation pertaining to sexual orientation in the plea bargain offer.

“I believe he is remorseful,” O’Keefe said in handing down his sentence. “But there has to be some punishment,” he said. “You have been shamed, and that is part of the penalty,” O’Keefe added. “It was your own actions that brought this on … I think this sentence strikes a good balance.”

In response to a request by the Washington Blade for comment on why prosecutors decided to reduce the severity of the charges against Trebat through the plea agreement and did not include sexual orientation in the hate crime designation, U.S. Attorney spokesperson William Miller sent a brief statement to the Blade.

“The U.S. Attorney’s Office thoroughly investigated and analyzed the facts and circumstances of this case and provided what we determined to be an appropriate plea offer,” the statement says. “We extend a plea offer in almost every case charged in Superior Court,” it says.

 “The plea offer extended in this case included a bias enhancement,” the statement continues. “Our office is committed to fully prosecuting bias-related crimes and held this defendant accountable for his appalling conduct.”

The texts of the victim’s impact statement delivered in court by Lai and the community impact statement given by Silverstein can be viewed below:

U.S. v. Trebat

Victim Impact Statement

By: Sean Xiangwen Lai

Your Honor,

Thank you for the opportunity to give my victim impact statement. I have gathered the courage to stand before you today at this hearing, to tell the court and my community about the defendant’s assault on me and my elderly parents, and the suffering we have endured as a result of his horrific actions. As painful as it is to relive the moment when this atrocious attack took place, I choose to be here today because I wanted you to hear my own voice and perspective, as well as the perspective from my parents. 

The defendant attacked me and my elderly parents without provocation, motivated simply by his hatred toward our race and my sexual orientation. We were walking on the streets of our neighborhood, enjoying our time outdoors during this unprecedented time when being outside of our home was a small joy of which we could take advantage. We were defenseless, feeling what we thought was secure so close to our home, when he assaulted us, beating up my parents and me. I am here today to tell the court in person that a man who would do this to an innocent family deserves the maximum prison sentence and does not deserve the leniency he has already received from the plea bargain offered by the prosecutors, which my family and I have expressed is very disappointing.

Last August, my parents and I were taking a walk in our neighborhood, very near our home. It was a beautiful Saturday night, but little did we know that our lives would be changed forever that night. “Fuck you bitch! Faggot! You are not Americans! Get out of this country!” were the words the defendant yelled at us before he punched my dad in his head with a closed fist from behind causing him to fall to the ground. When my mom and I hurried over to help my dad, the defendant attacked us as well. As a result of the fall my dad took when the defendant attacked him, my dad suffered a fracture to the bone of his left wrist and both of his knees were injured; my right pinky finger was fractured; and my mom’s right shoulder muscle was torn. All of us had bruises and cuts on all over our bodies. He appeared to get scared as I started yelling loudly for help on our quiet neighborhood street. He stopped attacking us and attempted to leave. As he was trying to flee the scene, I yelled at him: “This is a hate crime. You are not getting away with this.” He stopped, turned around and smirked at me saying “Oh, I will!”

This frightening image of his maliciousness and remorselessness has played repeatedly in my worst nightmares ever since. And he remained unrepentant, even after he was arrested. With blood dripping from my mouth, I tried to explain what happened to the responding police officer at the scene. Handcuffed and detained, this man was still yelling at me saying “Shut the fuck up. Drama queen!” right in front of the police officer.

Not a day goes by that what my parents and I suffered does not interfere with our lives. I had to take several weeks away from work and lost countless nights of sleep. I spoke to a therapist for several months and I am still working through the trauma inflicted on me. Even now I can feel the pain in my right pinky finger, which serves an enduring reminder I cannot ignore. I continue to live in fear for being who I am: An openly gay Asian man.

But, what breaks my heart the most is what was done to my parents. I had to take them each to several orthopedics appointments over the following months. I secretly cried in my bed each night after seeing the pain that was inflicted on them and the psychological trauma that they experienced. For a long time, my mom was afraid to even walk on the street in the middle of the day, still afraid an attack could happen at any time. My dad still has pain in his wrist and both his knees.

I strongly believe that the attacker thought that he could easily get away with what he did, avoiding any severe punishment, based on his unrepentant words and behaviors following the attack and his arrest. And the plea deal proves that it was just a slap on the wrist for the hate crime he committed against me and my elderly parents. We have repeatedly expressed the frustration on the plea deal to the prosecutors. Three counts of simple assault with only one hate crime enhancement on national origin are simply unacceptable.

Therefore, I respectfully request that the court serve justice and issue the maximum jail sentence, which I believe is the right thing to do and will show the community that unprovoked violence against defenseless members of the community will not be tolerated, and that no one in the District of Columbia should live in fear of being targeted simply because of who they are. 

Thank you.

U.S. v. Trebat

Community Impact Statement

By: Mike Silverstein, ANC Commissioner

I am offering this on behalf of 16 other openly LGBT+ elected D.C. Advisory Neighborhood Commissioners, and on behalf of the DC Center for LGBT. Sean Lai has asked me to speak for our community, and the AAPI community. As someone who was Bar Mitzvah at Tree of Life Synagogue in Pittsburgh, this takes on a special urgency to me. 

Thank you, Your Honor, for the opportunity to give this victim impact statement. And please forgive me for the next 13 words, for they were not mine….

“Fuck you bitch!” 

 “Faggot!”

 “You are not Americans! Get out of this country!”

Those were the 13 words Patrick Trebat shouted at Sean Lai and his elderly mother and father just before Mr. Trebat physically attacked them without provocation.

As they were out for a walk, the Lai family was beaten for no reason other than their race and Sean’s sexual orientation. 

As members of the LGBT+ community, we feel this was an attack on every one of us. It was a direct attack on our right to exist and to live openly in the District of Columbia. 

We respectfully ask the court to issue the maximum jail sentence so that our community can feel that we are protected, and that we need not live in fear that those who would do us harm will get off easy.  The maximum sentence will deter others from committing this brutal crime on our community and it will show the community that it is never open season on Asian Americans or LGBT+ people or anyone.

What happened to Sean and his parents reminds our community that violence against us — for being ourselves — can happen anywhere at any time: San Francisco City Hall, the Pulse nightclub in Orlando, the Atlanta shooting targeting Asians, an arson fire at a queer nightclub in New York City a month ago and all those unprovoked attacks on streets and subways against Asian Americans in the past two years. 

Violent hate crimes are a plague upon our nation. What’s next? The defendants’ assault on Sean and his family is part of this ongoing horror. 

Despite the progress we have made as a community, the LGBT+ community is still at risk, especially minorities. Murders of trans people have reached epic proportions. And here, this unspeakable attack on an Asian American and his family began with homophobic slurs. 

Sean Lai is openly and proudly gay. He is proud of his Asian heritage. 

He was attacked because of who he is — and that is who we are: Members of a minority, supposedly protected by law against discrimination and violence.

This brutal attack has deeply impacted and harmed us in many ways:  

What happened to Sean brought back bad memories to nearly all of us, and fear and nightmares to some of us. So many of us spent years hiding who we are for fear of rejection and out of fear for our safety. Those of us who were in the closet kept silent as members of our community were bullied or attacked.

Those who have been bullied or attacked will always remember what happened to us. It becomes a part of us. Some in our community — especially our trans siblings — often do not walk alone in parts of D.C. or at certain times of the day because they don’t feel safe unless they are with someone else. Each of us must deal with the emotional harm individually — and attacks like this one — out of the blue, on a pleasant summer evening — in the shadow of the National Cathedral — triggers us in so many ways.

We are sickened and angered by the incidents of physical violence against our community and we are tired of being overlooked or silenced. We are especially angered by the process of the criminal justice system.  

To begin, this was an irrational, unprovoked attack on Sean and his family – and the community is extremely disappointed that the defendant was not detained pending the outcome of this case.  

Sean and the LGBT+ community have waited months for closure in this criminal case, only to be here today to listen to a plea deal on misdemeanor charges. A victim of another hate crime in DC several years ago may have put it best, when she said, “when you bargain away the hate crime enhancement, you bargain away part of my soul.”

I also want to address the fact that, with respect to the crimes against Sean, the defendant was never charged with a hate crime enhancement with respect to sexual orientation; and, the crime that the defendant pled guilty to did not include any hate crime enhancement at all – just simple assault. Sean has repeatedly expressed to the prosecutors how important it is that the hate crime enhancements be included for both national origin and sexual orientation. Our community is disappointed that the defendant was not charged with a hate crime based on sexual orientation because a gay person was called “bitch” and “faggot,” physically assaulted, injured. If that’s not a hate crime based on sexual orientation, what is?

A sentence without significant jail time will leave members of the LGBT+ and Asian American community even more victimized, vulnerable and distrustful of the criminal justice system.  

We are here today to implore the court to impose a sentence that will send a clear message that violence against people for who they are will not be tolerated.

We must stop Asian hate. We must stop violence against the LGBT+ community. We must stop violence against all people who are attacked because of race, religion, national origin, sexual orientation or whatever. This epidemic of hatred and madness and violence is tearing our nation and our community apart. We must not live in fear, one of another. 

We request a long jail sentence that shows that this court affirms the right of every person in the District of Columbia to live honestly, openly, and without fear.

We ask that the court provide justice for Sean and his family, the Asian-Pacific community, and the LGBT+ community. Thank you.  

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District of Columbia

Reasons to be optimistic about 2026

Local thought leaders offer hope for the New Year

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HRC President Kelley Robinson, gay D.C. Council member Zachary Parker, and Rayceen Pendarvis are among those who expressed optimism about 2026. (Washington Blade photos by Michael Key)

It was a year like no other. It began with Donald Trump’s inauguration in January 2025 and included a takeover of D.C. police, ICE raids, challenges for the local economy, and other events that have many queer Washingtonians ready for 2026.

As we prepare to welcome the New Year, the Blade asked a range of local thought leaders  about what makes them optimistic for 2026. Here are their responses.

June Crenshaw

Deputy Director, Capital Pride Alliance

What gives me optimism for 2026 is the way our LGBTQIA2S+ community supports one another – across identities, neighborhoods, and movements – and because we continue to build our collective powers; we demand and create safer, more inclusive spaces.

Zachary Parker

Ward 5 DC. Council member

I’m optimistic about the upcoming elections and the District’s continued fight for local autonomy. One thing I know for sure is that Washingtonians are tough and persistent, and we’re ready to face any challenge as we keep fighting for D.C. statehood.

Sister Jeannine Gramick

Co-founder of LGBTQ supportive New Ways Ministry

As a nun who thinks politically about the Catholic Church, I’m extremely optimistic that Pope Leo XIV will continue to welcome LGBTQ people. At the conclave, most cardinals knew Pope Francis had (then) Cardinal Proost in mind!

Adam Ebbin

Virginia State Senator representing parts of Arlington, Alexandria, and Fairfax Counties

I am excited about 2026 bringing the return of the pro-equality governor to Virginia. I believe that Abigail Spanberger will be a champion for LGBT people and it will also be the year that we can finally pass the necessary legislation to send a constitutional amendment to the voters that would guarantee marriage equality in the Virginia Constitution.

Howard Garrett

President, Capital Stonewall Democrats

In 2026, our community can be optimistic because we’ve proven, again and again, that when we organize, we win: at the ballot box, in the courts, and in our neighborhoods. Even amid challenge, LGBTQ+ Washingtonians and our allies are building stronger coalitions, electing champions, and advancing real protections that make daily life safer and more affirming for everyone.

Paul Kuntzler

D.C. LGBTQ activist since the early 1960s, co-founder of Capital Stonewall Democrats

Last Nov. 4, 11 states held elections and Democrats won almost all of the elections. Next Nov. 3, 2026, Democrats will win control of both the House and Senate …An Economist poll reported  that 15 percent to 20 percent of those who voted for Trump no longer support him. The results of the elections of Nov. 3, 2026, will be the beginning of the end of Trump and his racist and criminal regime.

Kelley Robinson

President, Human Rights Campaign

This past year has brought relentless attacks against the LGBTQ+ community, but it has also shown the resiliency of queer folks. While this administration has worked tirelessly to oppress us, we’ve met that oppression with courage. As we step into 2026, my hope is that we carry that energy forward and continue protecting one another, fighting back against injustice, and celebrating queer joy. If  2026 is anything like 2025, we know the challenges will be intense, but our community is more determined than ever to meet hate with resilience, and to turn struggle into strength.

Freddie Lutz

Owner, Freddie’s Beach Bar in Arlington and Rehoboth Beach

I am optimistic that the current  president will fulfill his promise to boost the economy. We are all suffering – businesses in D.C. I just read it is 17 to 18 percent down. And I’m hoping the president will boost the economy. I always try to remain optimistic.

Nicholas F. Benton

Owner & Editor, Falls Church News-Press

My optimism stems from my belief in the human capacity and generosity of spirit. Those who are committed to those qualities will find a way.

Richard Rosendall

Former president, D.C. Gay & Lesbian Activists Alliance

MAGA efforts to demonize LGBTQ people are dangerous but will fail overall because understanding and acceptance have grown and endured. The blue wave in November 2026 will show this.

TJ Flavell

Organizer, Go Gay DC

Hope springs eternal. Nurturing your own wellness is vital to the New Year, including enjoying social and cultural activities through such groups as Go Gay DC – Metro DC’s LGBTQ Community. Also, 2026 ushers in a new tax deduction for charitable giving. Check the IRS website for details. You can make a positive impact in the New Year by supporting good charitable causes like the D.C. LGBTQ+ Community Center, a safe, inclusive, and affirming space where all members of our community can thrive.

Rayceen Pendarvis

Leader of Team Rayceen D.C. LGBTQ support organization 

I have experienced many trials and tribulations in my lifetime, throughout which my spirit has enabled me to find peace despite the turbulence around me. Being optimistic allows me to be a beacon of light for those who may be lost in the darkness.

Zar

Team Rayceen organizer

My reason for optimism is this: death. Life is a cycle of time, change, and destruction. Everything is impermanent; the time any person rules is finite and eventually all empires end.

DJ Honey

Team Rayceen supporter

Despite the noise, I see 2026 as a year where queer people continue choosing community over isolation. Even when challenged, our culture keeps evolving. We are more visible, more creative and intentional about building spaces that protect each other and center joy without asking permission.

Nick Tsusaki

Owner, Spark Social House, D.C. LGBTQ café and bar

I’m optimistic for 2026 because it feels like the tide is turning and we’re coming together as a community.

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District of Columbia

Rush reopens after renewing suspended liquor license

Principal owner says he’s working  to resolve payroll issue for unpaid staff

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Pictured is a scene from the preview night at Rush on Nov. 28. Rush reopened on Saturday after a brief closure. (Blade file photo by Michael Key)

The D.C. LGBTQ bar and nightclub Rush reopened and was serving drinks to customers on Saturday night, Dec. 20, under a renewed liquor license three days after the city’s Alcoholic Beverage and Cannabis Board suspended the license on grounds that Rush failed to pay a required annual licensing fee.

In its Dec. 17 order suspending the Rush liquor license the ABC Board stated the “payment check was returned unpaid and alternative payment was not submitted.”

Jackson Mosley, Rush’s principal owner, says in a statement posted on the Rush website that the check did not “bounce,” as rumors circulating in the community have claimed. He said a decision was made to put a “hold” on the check so that Rush could change its initial decision to submit a payment for the license for three years and instead to pay a lower price for a one-year payment.

“Various fees and fines were added to the amount, making it necessary to replace the stop-payment check in person – a deadline that was Wednesday despite my attempts to delay it due to these circumstances,” Mosley states in his message.

He told the Washington Blade in an interview inside Rush on Saturday night, Dec. 20, that the Alcoholic Beverage and Cannabis Administration (ABCA) quickly processed Rush’s liquor license renewal following his visit to submit a new check.

He also reiterated in the interview some of the details he explained in his Rush website statement regarding a payroll problem that resulted in his employees not being paid for their first month’s work at Rush, which was scheduled to take place Dec. 15 through a direct deposit into the employees’ bank accounts.

Several employees set up a GoFundMe appeal in which they stated they “showed up, worked hard, and were left unpaid after contributing their time, labor, and professional skills to Rush, D.C.’s newest LGBTQ bar.” 

In his website statement Mosley says employees were not paid because of a “tax related mismatch between federal and District records,” which, among other things, involves the IRS. He said the IRS was using his former company legal name Green Zebra LLC while D.C. officials are using his current company legal name Rainbow Zebra LLC. 

“This discrepancy triggered a compliance hold within our payroll system,” he says in his statement. “The moment I became aware of the issue, I immediately engaged our payroll provider and began working to resolve it,” he wrote.

He added that while he is the founder and CEO of Rush’s parent and management company called Momentux, company investors play a role in making various decisions, and that the investors rather than he control a “syndicated treasury account” that funds and operates the payroll system.

He told the Blade that he and others involved with the company were working hard to resolve the payroll problem as soon as possible. 

“Every employee – past or present – will receive the pay they are owed in accordance with D.C. and federal law,” he says in his statement. “That remains my priority.” 

In a follow-up text message to the Blade on Sunday night, Dec. 21, Mosley said, “All performers, DJs, etc. have been fully paid.” 

He said Rush had 21 employees but “2 were let go for gross misconduct, 2 were let go for misconduct, 1 for moral turpitude, 2 for performance concerns.” He added that all of the remaining 14 employees have returned to work at the time of the reopening on Dec. 20. 

Rush held its grand opening on Dec. 5 on the second and third floors of a building at 2001 14th Street, N.W., with its entrance around the corner on U Street next to the existing LGBTQ dance club Bunker. 

With at least a half dozen or more LGBTQ bars located within walking distance of Rush in the U Street entertainment corridor, Mosley told the Blade he believes some of the competing LGBTQ bars, which he says believe Rush will take away their customers, may be responsible along with former employees of “rumors” disparaging him and Rush. 

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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

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A scene from the dance floor of Rush at a preview night on Friday, Nov. 28. (Washington Blade photo by Michael Key)

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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